  
  
WT/TPR/M/439/Add.1  
28 February 2024 
(24-1870) Page: 1/243 
Trade Policy Review Body  
13 and 15 November 2023  Original: English/Spanish  
anglais/espagnol  
inglés/español  
 
  
TRADE POLICY REVIEW  
TÜRKІYE 
MINUTES  OF THE MEETING  
Addendum  
Chairperson: H.E.  Mr Saqer  Abdullah  Almoqbel ( Kingdom  of Saudi  Arabia)  
This document contains the advance written questions  and additional questions by 
WTO Members , and replies provided by  Türkiye .1 
 
 
Organe d'examen des politiques commerciales  
13 et 15 novembre 2023  
EXAMEN DES POLITIQUES COMMERCIALES  
TÜRKIYE  
COMPTE RENDU DE LA RÉUNION  
Addendum  
Président : S.E.  M. Saqer  Abdullah  Almoqbel ( Royaume  d'Arabie  saoudite)  
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  Türkiye .1 
 
 
Órgano de Examen de las Políticas Co merciales  
13 y 15 de noviembre de 2023  
EXAMEN DE LAS POLÍTICAS COMERCIALES  
TÜRKIYE  
ACTA DE LA REUNIÓN  
Addendum  
Presidente: Excmo.  Sr. Saqer  Abdullah  Almoqbel ( Reino  de la Arabia  Saudita)  
En el presente documento figuran las preguntas presentadas anticipadamente por escrito  y 
las preguntas adicionales de los Miembros de la OMC,  así como las respues tas facilitadas por  
Türkiye .1 
 
 
 
 
1 In English and Spanish only./En anglais et espagnol seulement./En inglés y español solamente.  WT/TPR/M/439/Add.1  
 
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  TABLE  OF CONTENTS  
 
ARGENTINA  ................................ ................................ ................................ ......................  3 
AUSTRALIA  ................................ ................................ ................................ ......................  7 
BRAZIL  ................................ ................................ ................................ ...........................  17 
CANADA  ................................ ................................ ................................ .........................  19 
CHINA  ................................ ................................ ................................ ............................  31 
COLOMBIA  ................................ ................................ ................................ .....................  52 
DOMINICAN REPUBLIC  ................................ ................................ ................................ .. 60 
DOMINICAN  REPUBLIC – ADDITIONAL QUESTIONS  ................................ .......................  64 
ECUADOR  ................................ ................................ ................................ .......................  70 
EUROPEAN UNION  ................................ ................................ ................................ .........  77 
EUROPEAN UNION – FOLLOW -UP QUESTION  ................................ ...............................  103  
INDONESIA  ................................ ................................ ................................ ..................  104  
JAPAN  ................................ ................................ ................................ ..........................  113  
KAZAKHSTAN  ................................ ................................ ................................ ...............  114  
REPUBLIC OF KOREA  ................................ ................................ ................................ .... 115  
MALAYSIA  ................................ ................................ ................................ ....................  119  
OMAN  ................................ ................................ ................................ ...........................  123  
PAKISTAN  ................................ ................................ ................................ ....................  124  
PHILIPPINES  ................................ ................................ ................................ ...............  126  
RUSSIAN FEDERATION  ................................ ................................ ................................ . 147  
KINGDOM  OF SAUDI ARABIA  ................................ ................................ .......................  159  
CHINESE TAIPEI  ................................ ................................ ................................ ..........  163  
THAILAND  ................................ ................................ ................................ ....................  168  
SINGAPORE  ................................ ................................ ................................ ..................  174  
UKRAINE  ................................ ................................ ................................ ......................  182  
UNITED KINGDOM  ................................ ................................ ................................ ........  196  
UNITED STATES  ................................ ................................ ................................ ...........  224  
  WT/TPR/M/439/Add.1  
 
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  ARGENT INA 
En el párrafo 3.12  Türkiye informa que por medio de un Comité publicó una Estrategia y Plan de 
Acción Nacional para la Facilitación del Comercio que sirven tanto de hoja de ruta para su propia 
labor como para una aplicación más amplia, Incluye 46 medidas, de las cuales se ha n aplicado 
completamente 16.  
 
PREGUNTA  
 
1) Sírvase detallar las medidas que comprenden el mencionado Plan y describir las 
mejoras obtenidas por la aplicación de 16 de las 46 medidas presentadas  
 
Answer:  Trade Facilitation Coordination Committee, bringing together public and private 
sector representatives, lies at the center of Türkiye's trade facilitation reforms. Trade 
Facilitation Strategy 2018 -2023 Action Plan which now is in the process of being repla ced with 
the new action plan for the 2024 -2028 term is the basis furthering trade facilitation reform at 
national level.  
 
The Action Plan consists of specific actions that have been agreed upon out of discussions in 
the relevant Working Groups on "Transpa rency", "Customs and Foreign Trade" and 
"Infrastructure and Logistics" respectively. Measures that are being implemented range from 
the publication through a specific website of, blueprints aiming to guide traders as regards to 
various foreign trade intera ctions conducted by different governmental authorities to 
designation of enquiry points to assist traders.  
  
As well, the system enabling the monitoring of congestion in Border Crossing Points (BCP) 
was put into practice by cooperation with NGOs, contact d etails of customs brokers were 
published on the Ministry of Trade website which enabled those who need a broker to easily 
browse the consolidated list of information.  
 
Again, as part of the measures implemented, it should also be noted that the Trade Acad emy 
which is a web  – based training platform comprising e -commerce, entrepreneurship, subsidies, 
anti-dumping, temporary admission, technical barriers to trade, free zones etc trainings were 
made available to traders so as to promote awareness of trade pro cesses and automati zation 
system of inward processing regime was carried into effect on the purpose of simplifying and 
expediting transactions.  
 
Additionally, public institutions that carry out controls and inspections in BCP's were ensured 
to work in a 2 4/7 system via Presidential Order dated 20/05/2022, report on appeal 
procedures against decisions of customs authorities was furnished in an effort to redress the 
appeal mechanism to better perform, lodgement of pre -arrival declaration and documents to 
be attached to declaration prior to arrival of the goods to the country was provided by Customs 
Communique with the intention to accelerate clearance time, a system namely GET -APP which 
allows traders to monitor transactions of customs administration regardin g import and export 
of goods was materiali zed in order to enable transparency, customs administration initiated 
to collect revenues concerning fees, charges and taxes electronically in a 24/7 system by bank 
or credit card in BCPS, further facilitation meas ures were granted in import process by 
authorised consignee system which enabled relevant person empowered by the customs could 
receive goods directly at his/her own premises without presenting them to any office of 
destination and local clearance system o f the goods which provide an opportunity to every 
facility meeting the required conditions are given the authority to fulfil procedures without 
visiting a customs office.  
 
En el párrafo 3.24  el informe indica que Türkiye  aplica derechos de aduana adicionales (ACD) a las 
importaciones procedentes de todos los interlocutores comerciales, excepto la Unión Europea y 
determinados países con los que Türkiye tiene un ACR, y que los ACD se establecen, modifican o 
suprimen por Dec isión Presidencial y no forman parte de las decisiones anuales sobre el régimen de 
importación.  
 WT/TPR/M/439/Add.1  
 
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  PREGUNTA  
 
2) Sírvase mencionar cuales son las causas y/o criterios que se tiene en cuenta para la 
aplicación de los derechos de aduana adicionales, y mencionar lo s casos en los que se han 
aplicado.  
 
 
Answer:  Türkiye amends the additional custom duties (ACD) in accordance to the needs of 
domestic producers and/or ramification for other parties affected by the ACD application. In 
assessment process for ACDs, market p arameters such as the evolution of imports, 
production -consumption balance etc. are taken into consideration.  
 
On the other hand, the products originating in the European  Union  and in the countries with 
which we have signed the FTA are excluded from the ACD applications.  
 
En el párrafo 3.39  el informe indica que Türkiye consolidó el 50,4% de sus líneas arancelarias en 
la Ronda Uruguay, con tipos que van de cero al 225%. El Aran cel final consolidado se basa en la 
nomenclatura del SA 2002 y en él se consolidan los tipos aplicables al 100% de las líneas arancelarias 
de productos agropecuarios y al 33,5% de las líneas arancelarias de productos industriales.  
 
PREGUNTA  
 
3) Sírvase indicar si el gobierno planea consolidar las líneas arancelarias restantes.  
 
Answer:  Türkiye bounded a part of its tariffs in Uruguay Round and has been negotiating a 
further trade liberalization in Doha Development Agenda. In this context, Türkiye has been a 
supporter of trade liberalization in Doha negotiations and it participated actively in such 
initiatives when said negotiations were on the agenda of WTO. In the negotiations held at the 
WTO, if there is an agreement to bind the remaining tariff line s, Türkiye will also be willing to 
fulfil its responsibilities in this regard together with all other WTO  Member  States.  
 
En el párrafo 3.37  el informe indica que Türkiye declara que los tipos del IVA figuran en la Decisión 
Nº 2007/13033 del Consejo de Min istros sobre la determinación de los tipos del impuesto sobre el 
valor añadido aplicado a los bienes y servicios, de 24 de diciembre de 2007, modificada. También el 
informe aclara que los tipos del IVA se pueden modificar por decisión presidencial.  
 
PREGUN TA 
 
4) Sírvase  informar qué criterios se toman en cuenta para modificar por decisión 
presidencial los tipos del IVA y brindar ejemplos recientes, si los hubiere, en esta línea . 
 
Answer:  VAT rate is specified in Article  28 of VAT Law No.  3065. According to Law, the VAT 
rate is 10% for each of the transactions that are subject to tax. President of the Republic is 
authorised to increase this rate up to four times, reduce it down to 1%, and determine -within 
the range of mentioned rate - and speci fy different tax rates for various goods and services 
and retail stages for some of the goods and housing deliveries based on the tax value and 
location of the land or house on which the construction is made. As a current example, with 
Presidential Decisio n No.  7346, general VAT and reduced VAT rates have been increased. As 
of 10 July 2023, the general VAT rate in Türkiye has increased to 20%, from 18%. And also 
"reduced VAT" rate of 8% is increased to 10%. There is no change made on the "reduced 
VAT" rate of 1%.  
 
En el cuadro 3.9 "Nuevas exenciones del IVA, 2016 a 2022 ", se informa que se aplicará una 
exención del IVA para la Compra de tecnologías que eliminan las emisiones de gases de efecto 
invernadero, así como servicios de ingeniería suministrados a contribuyentes que fabrican vehículos 
automóviles eléctricos en Türkiye a partir de I+D realizada en el país.  
 
PREGUNTAS  
 
5) Sírvase describir cuales son los requisitos necesarios para beneficiarse con la 
exención del IVA indicada en el cuadro.  
 WT/TPR/M/439/Add.1  
 
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  Answer:  The conditions required to benefit from VAT exemption are given below.  
Engineering services provided for the development of electric motor vehicle is exempt from 
VAT with provisional Article 42 of VAT Law No.  3065. 
 
Taxpayers who manufacture Türkiy e electric motor vehicles developed as a result of R&D 
activities carried out exclusively in Türkiye benefit from the exemption.  
 
Taxpayers holding an investment incentive certificate and demanding to benefit from the 
exemption apply to the tax office to w hich they are affiliated in terms of VAT. This application 
is evaluated by the tax office and the taxpayer holding an investment incentive certificate is 
given an exemption certificate stating that an exemption will be applied in engineering service 
purcha ses. 
 
Information regarding the engineering services received within the scope of the exemption 
(name, surname/title, tax office, tax identification number, invoice date and number, service 
amount, date and number of investment incentive certificate) must be notified to the relevant 
tax office with a petition by the end of the month following the taxation period in which the 
service is received by the buyers.  
 
6) Asimismo, Argentina está interesada en conocer, con respecto a la fabricación de 
automóviles eléctricos y a la producción de baterías de litio en Türkiye, si el Gobierno 
dispone de otros beneficios, además de la exención del IVA, para incentivar la fabrica ción, 
producción y/o comercialización de estos productos . 
 
Answer:  In terms of motor vehicles tax;  with the regulations made by the Law dated 
21 March  2018 and numbered 7103, motor vehicles tax was determined at the rate of 25% 
of the tax amounts in the tariffs numbered (I), (I/A) and (II) applied for equivalent fossil fuel 
vehicles, based on the power of the electric motors for vehicles with only -electric m otors.  
Thus, zero carbon emission vehicles with only -electric motors are incentivi zed by setting a 
motor vehicle tax tariff that is 75% more advantageous than fossil fuel vehicles.  
 
In terms of Corporate Income Tax;  according to Provisional Article  12 of the Corporate Tax 
Law No.  5520; Taxpayers who have been decided to benefit from incentives within the scope 
of Article  80 of the Law No.  6745 dated 20  August  2016 on Supporting Investments on a 
Project Basis and Amending Certain Laws and Decrees and who  have manufactured electric 
motor vehicles in Türkiye, which they have developed as a result of R&D activities carried out 
exclusively in Türkiye for the development of technologies that will completely eliminate 
exhaust gas emissions that create greenhous e effects benefit from some opportunities.  
 
These taxpayers, to the extent that they have been selected for the support decision, will be 
entitled to pay the investment contribution amount they are entitled to within the scope of 
Article  32/A of this Law, partially or completely, in cash or as an offset to their tax debts, as 
of quarterly periods of the calendar year, from the special consumption tax paid until 
31 December  2035 due to the first acquisition of the goods. The authority in this matter 
belongs to the President.  
 
On the other hand, production of lithium batteries investment will benefit from terms and 
rates of the support measures of Region  4 even if they are made in Regions  1 (except 
Istanbul), 2, 3, and 4.  
 
If these investments are made in Reg ion 5 or 6, they are provided with terms and rates of the 
support measures of Region 5 or 6.  
 
The support measures that the production of lithium batteries investment can benefit are 
Value Added Tax Exemption, Custom Duty Exemption, Tax Deduction, Social S ecurity 
Premium Support (Employer's Share), Land Allocation, Interest/ Profit Share Support, and 
Social Security Premium Support (Employee's Share) (If the investment is made in the 
Region  6). 
 
En el párrafo 4.21 del informe del Gobierno (documento WT/TPR/ G/439)  se expresa que 
"...la crisis que afecta al ´Órgano de Apelación de la Organización Mundial del Comercio desde 
diciembre de 2019 ha perturbado el funcionamiento de todo el proceso de solución de diferencias de WT/TPR/M/439/Add.1  
 
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  la OMC." Argentina comparte dicha apreci ación y estima que una de las consecuencias de la crisis 
que afecta al Órgano de Apelación desde diciembre de 2019 han sido las apelaciones "al vacío".  
 
PREGUNTA  
 
7) Teniendo en cuenta que Türkiye  participa activamente en las distintas instancias del 
sistema de solución de diferencias de la OMC, habiendo participado en cuatro nuevos 
casos de solución de diferencias como reclamante y en tres casos como demandado desde 
2016 - ver párrafo 2.18 del doc umento WT/TPR/S/439 -, y en atención a la importancia 
sistémica que representan las apelaciones en la presente instancia, Argentina agradecería 
conocer la opinión de Türkiye sobre las  apelaciones "al vacío" y sus efectos sistémicos."  
 
Answer:  Ongoing stalemate in the WTO Dispute Settlement System because of the lack of 
required number of Members in the Appellate Body continues to be a crucial problem, risking 
the well -functioning of the WTO. Türkiye is of the view that the stalemate in the Appe llate 
Body has to be resolved as early as possible. With this view, Türkiye supports the MC12 
Outcome Document which intends to restore the Dispute Settlement System by 2024 without 
abandoning the basic structure and principles of the system. Subsequent to  this mandate, 
Türkiye closely follows and contributes constructively in the dispute settlement reform 
discussion that is underway.  
 
  WT/TPR/M/439/Add.1  
 
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  AUSTRALIA  
Report by the Secretariat (WT/TPR/S/439)  
Note: Australia has no questions on the report prepared by Türkiye (WT/TPR/G/439)  
 
1 ECONOMIC ENVIRONMENT  
1.1 Main features of the economy  
Page 15, Paragraph 1.5  
The Secretariat points to Türkiye's  efforts to the tackle the challenges posed by climate change. 
Türkiye  adopted a Green Deal Action Plan in August  2021, that would comply with the EU's European 
Green Deal, and which includes: limiting carbon emissions; promoting green finance and circular 
economy; encouraging clean, economic, and safe energy supply; supporting sustainable agriculture; 
and fostering sus tainable travel.  
 
Question 1  
Could Türkiye  provide details on the status of its actions to implement its Green Deal 
Action Plan?   
 
Answer:  As for the nine main headings;  
 
1-Carbon border adjustment:  The Turkish Ministry of Environment, Urbanization, and 
Climate Change, in collaboration with the European Bank for Reconstruction and Development 
(EBRD), conducted a project called "Assessment of the Potential Effects of the EU Carbon 
Border Adjustment Me chanism (CBAM) on the Turkish Economy." The project aimed to model 
and analyse  the impacts of EU CBAM on energy -intensive and resource -intensive sectors and 
determine sector -specific actions to be taken. Additionally, the World Bank conducted an 
impact ana lysis study to examine the effects of CBAM on the Turkish economy as part of their 
preparations for the "Türkiye Country Climate and Development Report.  
 
The impact analyses highlighted the importance for Türkiye to implement a national emission 
trading sy stem in line with the EU and to use carbon pricing revenues to support the transition 
to low -carbon production, renewable energy investments, and just transition efforts.  
In this respect, the process of enacting the Climate Law has reached its final stage s, and 
provisions related to the establishment of a national emission trading system are included in 
the Climate Law.  
 
At this point, Türkiye already has a greenhouse gas (GHG) monitoring, reporting and 
verification (MRV) system since 2015. Türkiye's MRV legislation on GHG Emissions is based 
on the Commission Implementing Regulations (EU) 2018/2066 and 2018/2067; and TÜRKA K 
is the accreditation body appointed in Türkiye with regard to the accreditation of GHG 
emissions verifiers in line with the national legislation. TÜRKAK is a full member of the EA.  
 
Efforts are being made to determine the roadmap or activities in our co untry to support the 
reduction of greenhouse gas emissions in priority manufacturing industries that could be 
subject to the Carbon Border Adjustment Mechanism. In this regard, the work on the steel, 
aluminium , and cement sectors has reached their final st ages, while the project for the 
fertilizer sector is still ongoing.  
 
Additionally, as part of the Green Deal Action Plan, Scientific and Technological Research 
Council of Türkiye (TÜBİTAK) carries out activities which involve conducting a needs analysis 
to identify prominent technologies and working on the development, dissemination, and 
transfer of the identified technologies. This is being done through the implementation of the 
"Green Growth Technology Roadmap".  
 
2- Circular Economy:  There are 23 actions under this heading like preparing a National 
Circular Economy Action Plan, development of the National Life Cycle Assessment (LCA) 
Database, ensuring the development and dissemination of the water reuse and harmonizing 
the new legal framework to be created  under the EU Sustainable Product Initiative.  
 
In this respect, in order to identify Türkiye's priority sectors and their needs in transitioning 
to a circular economy, the "Technical Support Project for Assessing the Transition Potential to WT/TPR/M/439/Add.1  
 
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  Circular Econom y in Türkiye (DEEP)" has been initiated under the IPA II Period. As part of this 
project, efforts have begun to prepare a National Circular Economy Action Plan.  
 
Furthermore, for achieving industrial symbiosis and enhancing green competitiveness the 
Minist ry of Industry and Technology has reached the final stages of the efforts to implement 
Green Industrial Zones. In this regard, the by the end of December  2022, technical work for 
the initial step of the Green Industrial Zones Certification System, and appl ications have 
started to be accepted.  
 
On the other hand, within the scope of the Integrated Pollution Prevention and Control Project, 
which started in 2020 and is planned to be completed in 2023, sector -specific studies are 
being conducted focusing on the  mineral and chemical industry for the determination of 
Türkiye's Industrial Emission Strategy.  
 
In addition to what has been mentioned so far, efforts are being made by the relevant 
institutions to implement each 23 actions.  
 
3-Green Finance:  In order to achieve the targeted green transformation while preserving 
the competitiveness of our sectors, access to finance is undoubtedly one of the most important 
aspects. The efforts under this heading take a comprehensive approach to the financing 
ecosystem for g reen transformation.  
 
The work being carried out for financing the green transformation focuses on three main 
areas: developing the green finance ecosystem, increasing access to bilateral and international 
funds, and reviewing our country's incentive systems.  
 
Increasing Türki ye's share in international green finance and green investments, and 
strengthening the ecosystem that will facilitate the development of green finance in our 
country, is crucial for supporting the development of a sustainable, resource -efficient, and 
green  economy. Preparation of Turkish taxonomy is underway setting up sustainability 
reporting standards in line with international standards planned  to be realized within 2024. 
Guidance documents for green bonds and sustainability for banking and insurance sec tors 
have already published.  
 
4-Clean, Affordable and Secure Energy Supply:  In order to ensure this, five main actions 
are determined. These are: (1)  Evaluating development areas, if any, by conducting a gap 
analysis of our Renewable Energy and Energy Eff iciency studies within the scope of the 
European Green Deal; (2)  delivering consciousness and awareness -raising trainings on energy 
efficiency to the authorities of industrial facilities, especially businesses operating in Organized 
Industrial Zones; (3)  preparing national strategy documents, guidelines and roadmap for 
dissemination of information on energy efficient and low carbon heating and cooling systems; 
(4) carrying out awareness -raising activities regarding the Green Tariff and YEK -G Certificate 
(Renewable energy source guarantee system); (5)  in accordance with Türkiye's National 
Energy and Mining Policy, until the end of 2027, carrying out studies to provide 1000  MW WPP 
and SPP every year.  
 
The Ministry of Energy and Natural Resources published the "Türkiye National Energy Plan" in 
December  2022. The study, based on the 2053 Net Zero Emission Target, provides detailed 
projections for the period up to 2035 and outlines the predictions for 2053. Alongside the 
Türkiye National Energy Plan, the " Türkiye  Hydrogen Technologies Strategy and Roadmap" 
was published on 19 January  2023. This document evaluates the global efforts and addresses 
the needs and proposed solutions of our country, presenting goals and policies accordingly.  
 
On the other hand, an important step towards the widespread use of renewable energy 
sources is the Green Tariff (GT) program, which was launched on 1 August  2020. Under GT, 
consumers who wish to use electricity can obtain electricity based on renewable ene rgy 
sources from supply companies operating in their regions by submitting a written request. To 
transparently and reliably prove to consumers that the energy they consume is generated 
from these renewable sources, the "Renewable Energy Source Guarantee" C ertificate (YEK -G 
Certificate) is provided. The YEK -G System and Organized YEK -G Market have been operated 
by Energy Markets Operation Inc. (EPİAŞ) since 1 June 2021.  WT/TPR/M/439/Add.1  
 
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  In addition to what has been mentioned so far, efforts are being made by the relevant 
institutions to implement each action.  
 
5-Sustainable Agriculture:  Under the sustainable agriculture heading, work on reducing the 
use of pesticides and antimicrobials, developing organic farming, increasing the use of 
renewable energy in agriculture, land consolidation, improving waste management in 
agricultural product ion, reducing food loss and waste continues.  
 
6-Sustainable Smart Mobility:  Within the scope of the goal of developing sustainable and 
smart transportation, Combined Transport Regulation has been published, to increase the use 
of railways in transportation  new projects has been started, Regulation on Issuing Green Port 
Certificates for Coastal Facilities has also been prepared in order to increase green ports, legal 
arrangements also have been made for electric charging stations in order to increase their u se 
and make available for the consumers, a project named " Türkiye's  Net Zero Emission Target: 
Transportation Roadmap" is planned to start at the end of 2023 in order to achieve zero 
emissions in the transportation sector with a well -defined strategy plan.  
 
Also, works for increasing the use of railways in transportation, reducing harmful emissions 
from the maritime sector and supporting green shipping, and promoting sustainable urban 
mobility are underway.  
 
7-Climate Change: Türkiye, in accordance with the principle of common but differentiated 
responsibilities, is taking the necessary steps in combating climate change. Under this 
heading, 11 actions are included, addressing various aspects of climate change mitigation and 
adaptation.  
 
2 Trade and Investmen t Regimes  
2.3 Trade agreements and arrangements  
2.3.1 WTO  
Page 31 -32, Paragraph 2.17  
The Report states that Türkiye has been a WTO  Member  since 1995, and is an observer to the 
Agreement on Government Procurement.  
 
Question 2  
Are there any updates on whether Türkiye has plans to initiate an accession to become a 
member of the WTO Agreement on Government Procurement?   
 
Answer:  For the time being, no change is foreseen.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures directly affecting exports  
3.2.1 Customs procedures and requirements  
Page 68, Paragraph 3.68  
Export registration is required for several goods for monitoring purposes. There was a significant 
expansion of the goods subject to export registration over the review period.  
 
Question 3  
What are the key criteria Türkiye uses to assess suitability for inclusion in the list of goods 
subject to export registration?  
 
Answer:  When unusual changes are observed in the domestic and foreign trade of a product, 
it is necessary to conduct studies to understand the dynamics of this change in depth. In this 
direction, more detailed and comprehensive information is obtained through the registration 
application than that obtained in ordinary custom s procedures in order to understand the 
production structure of the product in question, to reveal the value chain in which it is involved, 
to determine its status in terms of related sectors. Thus, the information obtained is used to 
determine measures to  ensure a sound and sustainable trade of the product in question.   
 
The Communiqué on Goods Subject to Export Registration (No: Export 2006/7) regulates the 
goods subject to export registration. Article  7/2 of the Export Regulation published in Official 
Gazette dated 6  June 2006 and numbered as 26190 stipulates that customs declarations for 
the exportation of these goods must be registered by the Secretariat General of the relevant WT/TPR/M/439/Add.1  
 
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  Exporters' Associations before the exportation. The rationale for the regist ration requirement 
is to monitor and evaluate the export trend of certain goods.  
 
Question 4  
How frequently are the lists monitored and by which agencies?  
 
Answer:  The Ministry of Trade's Directorate General of Export when deemed necessary 
updates the List of Goods Subject to Export Registration. The Ministry of Trade, customs 
authorities and exporters' associations have duties in the process of monitoring the produc ts 
covered by the list.  
 
3.2 Measures directly affecting exports  
3.2.2 Taxes, charges and levies  
Page 69, Paragraph 3.71  
Under the framework of the Support and Price Stabilization Fund, which is used for state aid 
payments for exports such as agricultura l refunds, Türkiye levies taxes on certain exported products. 
The objective is to increase the value added of exported products. As at end -October  2022, export 
taxes were levied on hazelnuts (USD  0.04/kg); hazelnuts in shell (USD  0.08/kg); raw hides and 
skins; and wet -blue products (raw hides and skins at a rate of USD  0.5/kg and wet -blue at a rate of 
USD 0.5/kg or 20% of the f.o.b. export value depending on the HS codes).  
 
Question 5  
Is there any evidence that export taxes have helped to increase the value -added for these 
particular products?  
 
Answer:  As a traditional sector in Türkiye, 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. In  addition to this, the average unit export price difference 
of 200%, between raw hides/wetblue product and finished leather products, can be considered 
as an evidence of increasing added value regarding the leather sector.  
 
Question 6  
What types of policy  review mechanisms are employed to assess the effectiveness of 
these taxation policies?   
 
Answer:  As a traditional sector in Türkiye, 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. In addition to this, the average unit export price difference 
of 200%, between raw hides/wetblue product and finished leather products, can be considered 
as an evidence of increasing added value regarding the l eather sector.  
 
Question 7  
Can Türkiye explain how these policies are consistent with Türkiye's commitments under 
the WTO Agreement on Agriculture?  
 
Answer:  Türkiye is of the view that these policies are fully consistent with its obligations 
under GATT and Agreement on Agriculture.  
 
Question 8  
Is Türkiye planning to levy export taxes on any other additional products? And if so, 
which products?   
 
Answer:  On any new policy with regard to export taxes, Türkiye will continue to make 
necessary notificati on to relevant WTO bodies.  
 
3.2 Measures directly affecting exports  
3.2.2 Export prohibitions, restrictions, and licensing  
3.2.3.1 Export Prohibitions  
Page 69 -70, Paragraph 3.73/74  
Türkiye's Export Regime Decree (No.  95/7623) stipulates that all goods can be freely exported other 
than those whose exportation is explicitly prohibited by laws, decrees, and international agreements. 
Nevertheless, the Decree also authorizes the Ministry of Trade to impose restrictions or pro hibitions WT/TPR/M/439/Add.1  
 
- 11 - 
 
  on exports. Other relevant public authorities are also authorized to make decisions regarding the 
export regime and must obtain the opinion of the Ministry of Trade. Export prohibitions notified to 
the WTO are largely unchanged. They are in place  for reasons of environment, health, and protection 
of national treasures, and to comply with Türkiye's commitments under international conventions.  
In addition, in recent years both the Ministry of Agriculture and Forestry (through a temporary 
authorizati on to regulate the export of certain agricultural products for food security purposes) and 
the Ministry of Trade have imposed export bans on certain products, largely to stabilize domestic 
prices of agricultural products.  
 
Question 9  
We note that many of t he listed export restrictions were temporary in nature with 
suspensions lifted a few months afterwards in most cases. As such, we would like to know 
whether Türkiye regards such restrictions as effective and whether it is considering 
alternative approaches  to domestic price stabili zation?   
 
Answer:  According to Article  3 of the Export Regime Decision (No . 95/7623); Ministry of 
Trade is authorized to impose restrictions or prohibitions on exports. Other relevant public 
authorities are also authorized to make decisions regarding the export regime and must obtain 
the opinion of the Ministry of Trade. In this con text, noting that sustainable food supply, which 
is the primary condition for ensuring food security, does not only depend on domestic 
production but is also under the influence of foreign trade policies. Foreign trade policy tools 
are used when necessary to protect and maintain domestic production, keep domestic market 
prices at reasonable levels, and prevent speculative price increases.  
 
To ensure the sustainability of production due to the impact of the COVID pandemic on the 
agriculture and food sector,  to eliminate the problems of access to raw materials caused by 
disruptions in the supply chain and the negativities faced by producers and consumers in 
accessing the markets;  Measures aimed at ensuring that consumers have access to healthy 
and sufficient food have been implemented. Within this objective, in some cases, the export 
restrictions may be applied for a limited time periods, for ensuring the availability of the 
necessary foodstuff in the country in affordable prices.  
 
Question 10  
It appears that Türkiye has not submitted any export restriction notifications to the WTO, 
in line with obligations arising from Article  12.1(b) of the Agreement on Agriculture. Could 
Türkiye provide an indication of when it will submit notifications to the W TO with 
information relating to the nature and duration of export restrictions that are still in place?  
 
Answer:  As it stands, due to reasons such geopolitical conflicts, catastrophic earthquakes in 
Türkiye, unfavourable  weather conditions and C OVID -19 pa ndemic, problems related to food 
security had arisen.  
 
In this respect Türkiye has taken measures to monitor agricultural production, export 
quantities and domestic & foreign demand with a holistic view to detect possible threats 
regarding food security, not only to protect food security of Türkiye but also the food security 
of importing Members.  
 
Under these circumstances, as a consequence of contraction in the production volume of some 
agricultural products and/or rise in the domestic demand due to the i ncrease in population of 
Türkiye, the exports may have also been affected. On the other hand, total agricultural export 
value of Türkiye has increased by 20 .7% in 2021 and 19 .6% in 2022.  
 
Above all, as in the past, Türkiye will continue to be one of the m ost important countries in 
the agricultural product exports, and will continue to contribute to world food security and 
common welfare.  
 
Türkiye shares the related information on those measures through the WTO Trade Monitoring 
Mechanism and will continue i ts efforts to provide necessary information to ensure 
transparency.  
 WT/TPR/M/439/Add.1  
 
- 12 - 
 
  3.2 Measures directly affecting exports  
3.2.3 Export prohibitions, restrictions, and licensing  
3.2.3.3 Export Licensing  
Page 70, Paragraph 3.76  
 
Answer:  Export licences are still required for 26 categories of goods under various 
legal/regulatory instruments. Export licensing requirements apply to all trading partners and 
most are non -automatic. As at the time of Türkiye's previous Review, many were agriculture -
related as required b y the Ministry of Agriculture and Forestry. Developments over the review 
period included changes to the responsible ministries in some cases and the introduction and 
removal of non -automatic export licensing requirements in 2020 on lemons, onions and 
potatoes, personal protective equipment, and certain medical equipment and devices.  
 
Question 11  
Could Türkiye please outline the reasons for changes to the responsible ministries and the 
rationale behind the introduction and removal of non -automatic export lic ensing 
requirements in 2020 on lemons, onions and potatoes?  
 
Answer:  The Export Regime Decision published in the Official Gazette dated 6 January  1996, 
and numbered as 22515, stipulates that Ministry of Trade is authorized  to impose restrictions 
or prohibition  in the case of an extraordinary development in the markets, insufficiency in the 
goods subject to export or for public security, public moral , human health, protection of 
animals, plants or the environment and protection of commodities with artistic, historical and 
archaeological value. To assure food security, some measures need to be taken with respect 
of foreign trade in consultation with Th e Ministry of Agriculture and Forestry.  
 
In this context, the Communiqué on the Export of Certain Agricultural Products (Export: 
2022/1) published in the Official Gazette dated 27  Januar y 2022 and numbered as 31732, 
authorized the Ministry of Agriculture to take measures on exportation of certain agricultural 
products until 31  December  2022; subsequently, extended until 30  June 2023. This 
Communique is, however, no longer in force.  
 
Furthermore, many of the measures on exportation taken in 2020  are COVID -19 related 
including the ones imposed on exportation of lemons, personal protective equipment, and 
certain medical equipment and devices, most of them are no longer in force.  
 
Question 12  
Noting that these commodities are not on the list of 'Goods Subject to Export Registration', 
could Türkiye please explain how 'removal of non -automatic export licensing 
requirements' differs from export registration?  
 
Answer:  In the export licen sing schem e, exporters must obtain prior approval, in form of a 
license, to export a good or commodity. This practice requires submission of an application or 
other documentation as a condition for being authorised to export.  
 
However, the rationale of the registra tion requirement is to monitor and evaluate exportation 
of certain goods for statistical purposes. For the exportation of goods that are subject to export 
registration, there is no requirement of submission of an application or other documentation 
as a con dition for being authorised to export for exporters, and exporting is not conditional. 
In this vein, the registration is not a kind of export permit or export authorization or export 
licence.  
 
3.3.4.2 Competition policy  
3.3.4.2.1 Legal and institutional f ramework  
Paragraph 3.134 to 3.145, Pages 89 to 91.  
 
Answer:  The Secretariat reports Türkiye's efforts to reinforce competition in goods and 
services markets to address uncompetitive behaviour and practices: anti -competitive 
agreements; concerted practices and decisions; abuse of dominant position, and; mergers 
and acquisitions distorting the competitive structure of the market. It notes that Türkiye has 
instituted Law No 4054 1994 on the Protection of Competition,  which was further amended 
(Act No 7246) in 2020 to increase the effectiveness of Türkiye's competition law instruments WT/TPR/M/439/Add.1  
 
- 13 - 
 
  and ensure compliance with EU regulations, through introducing the concepts of the principle 
of de minimis , settlement, and remedy. We f urther note that the Turkish Competition 
Authority (TCA) puts Türkiye's laws into effect, produces annual reports and comprehensive 
data on its progress and that the OECD also monitors developments in Türkiye's competition 
policy. Also, paragraph  3.141 not es there has been a significant drop in the TCA's caseload 
compared to Türkiye's 2016 Trade Policy Review and that the authorities have linked this 
decrease to the implementation in 2012 of standards for determining which applications are 
eligible for star ting a legal action.  
 
Question 13  
Has the TCA developed a fuller sense of the reasons for the decrease in its case load apart 
from potentially linking it to the introduction of standards in 2012?  
 
Answer:  Before 2012, the TCA had no standard to decide whether an application was worth 
taking action and this was creating a huge workload for the Authority. Another reason of this 
workload was that there was not a prioritization procedure within the Turkish comp etition 
legislation. Therefore, some standards were introduced to draw a line between admissible  and 
non-admissible  applications. There is no other reason behind the decrease in the TCA's 
workload  other than the 2012 regulation. We believe that the 2012 re gulation has enhanced 
the quality of work related to the cases and efficiency of the TCA by cutting the quantity down.  
 
Question 14  
Does Türkiye have a timeline for achieving legislative and regulatory reforms on 
competition that would enable it to accede to the European  Union  (Customs Union) based 
on mirroring "the EU acquis with the aim of creating a level playing field among economic 
operators active within the Customs Union"?  
 
Answer:  Türkiye's legislative framework is broadly aligned with the EU acquis . As a matter of 
fact, Turkish Competition Law Act No.  4054 as the primary source of law and the TCA's 
secondary legislation are all in line with the EU competition law. The recent Türkiy e Report of 
the EU Commission , clearly recognizes this fact.  
 
3.3 Measures affecting production and trade  
3.3.6 Government Procurement  
3.3.6.1 Basic legal and institutional framework  
 Page 97, Paragraph 3.160  
The Report states that since 3  November  2022, the use of e -procurement has become compulsory 
in open and negotiated procedures.  
 
Question 15  
Are there any monetary/value thresholds associated with this mandate?  
 
Answer:  There is no monetary/value threshold.  
 
Question 16  
Is the e -procurement syst em only for advertising tenders, or is it also used for publishing 
notices of contracts awarded? If the system is used to report contracts awarded, are 
contracts awarded for restricted and direct procurements also published somewhere?  
 
Answer:  According t o the Public Procurement Law No.  4734 (Law), the procurement notices 
and contract award result notices of procurements using open procedure, restricted procedure, 
negotiated procedure are published on EKAP. In case of direct procurement, procurements 
specified under the Article  3 of the Law  4734, entitled as Exceptions and procurements not 
covered by this Law, procurement notices and result notices can be published if the contracting 
authority prefers.  
 
3.3 Measures affecting production and trade  
3.3.6 Government Procurement  
3.3.6.2 Procuremen t market and statistics  
Page 98, Paragraph 3.164  
The Report states that over the period 2016 -21, the percentage of procurements subject to a price 
advantage to domestic suppliers ranged from 42% to 50% of the amount open to foreign suppliers. WT/TPR/M/439/Add.1  
 
- 14 - 
 
  The Report fu rther states the vast majority of procurement for that period was from Turkish 
suppliers, averaging 98%.  
 
Question 17  
Noting the significantly high percentage of procurement given to Turkish suppliers (98%) 
and given the reference to price advantage (which is also mentioned in paragraphs 3.3.6.3 
and 3.3.6.4 of the Report), can Türkiye explain if price is the sole factor i n awarding a 
contract, or if other factors that relate to value for money are also considered when 
awarding contracts? If other factors are considered, can Türkiye explain what the other 
factors are? Do those factors include the quality of the goods and se rvices, environmental 
sustainability of the goods and services, or whole -of-life costs?  
 
Answer:  As stated above, according to the second paragraph of Article  40, the economically 
most advantageous tender is determined either solely on the basis of price or on the basis of 
both price and non -price factors such as operation and maintenance costs, cost effectiveness, 
productivity, quality and technical value. In procurement where the economically most 
advantageous tender is determined by taking into ac count the non -price factors in addition to 
the price, the monetary values or relative weights of these factors are specified in procurement 
documents. Therefore, it is at the discretion of contracting entity to determine whether the 
economically most advan tageous tender is evaluated solely on the basis of price or on the 
basis of both price and non -price factors. In the current Turkish public procurement legislation, 
the terms "life -cycle cost/whole -of-life costs" or "environmental sustainability" are not d efined 
or mentioned. However, as mentioned before, for contracting authorities, there is not any 
restriction regarding the use of these type of non -price factors.  
 
Page 99, Paragraph 3.165  
The Report provides detail on the decline in the number of appeals  submitted to the Public 
Procurement Authority from 2016 to 2021 (from 3,395 in 2016 to 2,343 in 2021) of public 
procurement contracts.  
 
Question 18  
Did Türkiye undertake any specific measures that would have assisted in generating this 
decline in appeals  on public procurement contracts?  
 
Answer:  There is not any specific measure regarding this issue.  
 
3.3 Measures affecting production and trade  
3.3.6 Government Procurement  
3.3.6.3 National preferences  
Page 99, Paragraph 3.166  
The Report states that there are two different kinds of national preferencing. The first is when the 
contracting entity or the related Ministry contracting entity is able to confine the participation of 
procurement proceedings solely to domestic suppliers when the value of the contract in question is 
below certain thresholds. The second is, regardless of the value of the contract in question, in 
procurement of services and works, up to 15% price advantage may be granted to tenderers who 
offer domestic produ cts.  
 
Question 19  
Does Türkiye provide any reporting or public disclosure around the percentages of price 
advantage decided on by contracting entities?  
 
Answer:  In Article  63 of the Public Procurement Law No.  4734, necessary arrangements have 
been made regarding the partic ipation of only domestic tenderers in public procurements and 
the provision of price advantage in favour of domestic tenderers and tenderers offering 
domestic goods, and the realizations regarding the price advantage applied in favour of 
domestic tenderers  and domestic goods regarding public procurements are monitored in real 
time by the Public Procurement Authority. The reali zations on this issue are disclosed to the 
public as statistical data in the Public Procurement Monitoring Report published twice a y ear 
and necessary reports are made to the relevant units and institutions when deemed necessary.  
(The Reports can be reached by this link 
https://www.ihale.gov.tr/kamu_alimlar i_izleme_raporlari -45-1.html ) 
 WT/TPR/M/439/Add.1  
 
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  Page 99, Paragraph 3.167  
The Report states that it is now mandatory to provide a price advantage of 15% in favour of 
tenderers offering domestic products in procurement of goods that are selected by the Ministry of 
Industry and Technology from among medium and high technology industry products and that are 
included in the list declared by the PPA.  
 
Question 20  
Is the list declared by the PAA updated regularly, and is it publicly available to foreign 
suppliers?  
 
Answer:  According to the point (c) of Article  63 of Public Procurement Law, it is mandatory 
to provide a price advantage of 15% in favour of tenderers offering domestic products in 
procurement of goods which are selected by the Ministry of Industry and Technology from the 
list of medium and high technology industry products. The list of those products is declared 
by the Public Procurement Authority. Therefore, if the Ministry of Industry and Technology 
makes a change on the produ cts, the list is renewed and published by the Public Procurement 
Authority. The list is available for all economic operators on the official web site of the Public 
Procurement Authority.  
 
4 TRADE POLICIES BY SECTOR  
4.1 Agriculture  
4.1.2 Production  
Page 10 9, paragraph 4.4 & page 110, paragraph 4.5  
The report states that the value of crop production increased from TRY  119 billion in 2016, to 
TRY 305 billion in 2021, an increase of 156.3  per cent. Animal production increased from 
TRY 178 billion in 2016 to al most TRY  370 billion in 2020.  
 
Question 21  
Could Türkiye please explain how it has achieved such strong growth in agricultural 
production over such a short period of time?  
 
Answer:  In particular, the pandemic and the difficulties experienced in accessing food after 
the pandemic have led to a noticeable increase in the prices of agricultural products in the 
international arena.  On the other hand, although the amount of production incr eased with the 
inclusion of some technological inputs and practices in agriculture, the change in product 
prices, especially due to domestic inflation, showed itself relatively much higher than the 
increase in the amount of crop production. Therefore, the increase in value of agriculture 
production is related to food and agriculture price inflation to a large extend.  
 
4.1 Agriculture  
4.2 Support Programmes  
4.2.1 Export subsidies  
Page 79, Paragraph 4.28.  
Regarding export subsidies, between 2016 and 2021, Türkiye notified its export subsidies on 
agricultural products to the WTO Committee on Subsidies and Countervailing Measures (SCM). 
According to the notifications, export subsidies have been provided for specific commodities. The 
percentage share eligible to receive the subsidy is determined by Türkiye's WTO commitments and 
budgetary constraints.  
 
Question 22  
Despite the notifications to SCM Committee, we note that Türkiye has not met its 
notification obligations on export subsidies on agricultural products to the Committee on 
Agriculture. Could Türkiye please advise when it intends on doing so?  
 
Answer:  Türkiye eliminated entitlements (Export Subsidy Programme for Agricultural 
Products" -Decree No.  2018/12) at the end of 2022 for products or groups of products, in 
accordance with the Nairobi Ministerial Decision on Export Competition. (Presidential Decree 
No. 6614). 
 
Türkiye is in the process finalizing its notifications and expects to upload the notifications in 
due course.  
 WT/TPR/M/439/Add.1  
 
- 16 - 
 
  4.1 Agriculture  
4.2 Support Programmes  
Page 117, Paragraph 4.23  
The report by the Secretariat states that Türkiye did not notify its domestic support programmes to 
the WTO between 2017 and 2021. Australia notes that Türkiye's most recent domestic support 
notification was submitted for the 2016 calendar year.  
 
Question 23  
Could Türkiye provide an indication of when it will submit domestic support notifications 
for subsequent years?  
 
Answer:  Agricultural domestic support notifications were provided for the years 2002 -2004 
as a result of the studies carried out in 2017.  In 2018, notifications for the years between 
2005-2009;  In 2019, notifications for the years between 2010 -2013;  As of 2020, notifications 
for the years between 2014 -2016 have been made.  
Regarding the agricultural domestic support notifications, Türkiye is in t he process of 
completing the notifications for the following years and will be notified when the studies are 
completed.   
 
  WT/TPR/M/439/Add.1  
 
- 17 - 
 
  BRAZIL  
Context : Law No.  7255 published on 4  November  2020 in the Turkish Official Gazette (T.C. Resmi 
Gazete), known as "Local content requirement measure ", establishes:  
 
ARTICLE 12 – The following paragraph has been added to Article  6 of Law No.  4733: "Producers 
of tobacco products are required to produce for the purpose of supplying to the domestic market 
within a calendar year and they import; cigarettes, hookah tobacco products, wrapped shredded 
tobacco products and the total tobacco used in the ca tegories of pipe tobacco products must be 
at least thirty percent tobacco produced in Turkey . The president has announced that as for this 
percentage he is authorized to increase it up to forty -five." 
 
ARTICLE 14 – The following provisional article has bee n added to Law No.  4733: "PROVISIONAL 
ARTICLE 9 – The rate specified in the twelfth paragraph of Article 6 is for the year 2022 seventeen 
percent, twenty -one percent for 2023 , and twenty -five percent for 2024. In case of violation, the 
administrative sanct ion specified in subparagraph (d) of the fifth paragraph of Article 8 shall be 
applied."  
(original text in Turkish) (emphasis added)  
 
Question 1 :  
Could Türkiye confirm whether the local content requirement for tobacco is still in force?  
 
Answer:  Yes, the requirement for tobacco is still in force.  
 
Question2:   
What is the rationale and justification for such a requirement?  
 
Answer:  The WTO Agreements recognize that each WTO member country has the right to 
address, in accordance with agreed rules, non -trade concerns such as strengthening the 
development and socio -economic viability of rural areas, food security and environmental 
protection, and promoting the coexistence of different branches of agriculture, and that the 
market mechanism cannot be the only  mechanism to address these non -trade concerns.  
Tobacco production in Türkiye is a traditional and labor -intensive branch of production, mostly 
carried out by small family enterprises and young population. Almost all of the production is 
carried out on mar ginal lands which are not suitable for alternative agricultural production; 
low ground water level, not too deep, moderately productive rural and rural bottom lands. 
During the transition process of our producers to the free market economy, tobacco product ion 
area and the amount of tobacco produced decreased, and our production area, which was 
209,000 hectares and 204 ,000 tons in 1995, decreased to 75 ,000 hectares and 76 ,000 tons, 
respectively, in 2020. The number of tobacco producers decreased from 400 ,000 in 2002 to 
50,000 in 2021. In this framework, this regulation aims to keep farmers in rural areas.  
 
Question 3:  
Could Türkiye provide more information about how such a requirement works, including 
whether there are any derogations to it?  
 
Answer:  This regulation stipulates that at least 30% of the tobacco used by tobacco product 
manufacturers in the categories of cigarettes, hookah tobacco products, roll -your-own 
shredded tobacco products and pipe tobacco products produced in a calendar year for s upply 
to the domestic market must be tobacco produced in Türkiye. This regulation does not cover 
tobacco products produced for export and cigar tobacco products.  
 
Question 4:  
Is this requirement a temporary measure? If yes, is there an expiration date for  this 
requirement?  
 
Answer : There is not any expiration date for this requirement.  
 WT/TPR/M/439/Add.1  
 
- 18 - 
 
  Question 5:  
What type of analysis has Türkiye conducted to determine the need for such local 
requirement? Was an impact assessment, for example, conducted? Was a public 
consultation launched?  
 
Answer:  Tobacco production in Türkiye is a traditional and labor -intensive branch of 
production and is mostly carried out by small family businesses and young population. As a 
result of the analysis, it was understood that in  2003, 42.07% of tobacco use was from 
domestically produced tobacco, while in 2018, only 14.51% of tobacco use was from 
domestically produced tobacco. As a result, the above -mentioned regulation was made with 
the public consultations conducted.  
 
Question 6 :  
How were the progressive levels of the measure (17%, 21%, and 25%), up to the level 
of 30%, set? Moreover, what are the precise conditions that the President would need to 
fulfil  to increase the requirement up to the 45% level?  
 
Answer:  After the entry into force of the Law, a gradual transition is envisaged, taking into 
account that the first harvest of tobacco to be produced will take place in 2021 and the 
structure of tobacco product blends will not be affected by sudden changes; 17% for 2022, 
21% for 2023, 25% for 2024 and thirty percent for 2025. The President is authorized to 
increase this rate up to 45%. Although it is considered that there is no reason to increase the 
currently considered and applied rate by 30%, the possibility of  increasing the rate up to 45% 
has been added to the legislation, taking into account the effects of sudden changes in Turkish 
and world tobacco production on the sector.  
 
Question 7:  
Are there sanctions applicable for not complying with this requirement?  If yes, what are 
the types of sanctions? In addition, how many people (individuals or juridical), from 2020 
to the current date have been sanctioned for not observing this requirement?  
 
Answer:  If tobacco product manufacturers do not use 30% tobacco produ ced in Türkiye in 
the tobacco products they produce within a calendar year for supply to the domestic market, 
a fine is imposed within the framework of administrative sanctions for violating this regulation. 
Since its entry into force on 1  January  2022, 17  companies have been sanctioned with 
administrative fines.  
 
Question 8:  
Has this new requirement been notified to any WTO body, such as the Committees on 
Trade -Related Investment Measures or the Technical Barriers to Trade? If yes, could 
Türkiye provide t he related notifications? If this was not the case, what were the grounds 
for not notifying these measures?  
 
Answer:  This requirement was introduced with the amendment made to the Law No.  4733 
on the Regulation of Tobacco, Tobacco Products and Alcohol Market with the Law on Making 
Certain Regulations in the Field of Food, Agriculture and Forestry published in the Official 
Gazette dated 4  November  2020 and numbered 31294 . 
  WT/TPR/M/439/Add.1  
 
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  CANADA  
QUESTIONS REGARDING THE SECRETARIAT REPORT (WT/TPR/S/439)  
PART 1: ECONOMIC ENVIRONMENT  
Page 28, paragraph 2.9  
Türkiye, both in signing on to the Paris Agreement and in its own initiatives, has set ambitious 
targets in terms of its environmental goals to co mbat the climate emergency. Canada welcomes the 
expansion of the Ministry of Environment & Urbanisation to include Climate Change in its title, as 
well as its new mission specifically targeting climate change.  
 
Questions:  
1. How does Türkiye's trade policy, with its various incentives and grants, take these 
goals into account and encourage trade that is conscious of environmental pressures?  
 
Answer:  To accelerate the steps on the path to green transformation and to maintain o ur 
competitiveness, within the scope of the Green Deal Action Plan several projects are being 
carried out in order to determine technological and financial needs;  
- The low -carbon roadmap projects currently that are being carried out will identify the 
best available techniques and emerging clean production technologies, supportive policy 
measures, and financing needs for the transition to low -carbon production structures in 
the steel, aluminium , cement, and fertilizer sectors in line with our 2053 net zero t arget,  
 
- To gain competitive advantage primarily through R&D and the adaptation of new 
technologies within the changing global trade structure,  "Green Growth Technology 
Roadmap" studies are being conducted by TÜBİTAK,  
 
- The Ministry of Environment, Urbanizat ion, and Climate Change of Türkiye is conducting 
a project called "Technical Support Project for Assessing Türkiye's Transition Potential to 
Circular Economy." The project, which started in 2022, will last for three  years and aims 
to promote the transition  to a circular economy that contributes to more efficient resource 
and waste management nationwide in Türkiye, strengthen the institutional and technical 
capacity of Türkiye in transitioning to a circular economy in line with the EU Circular 
Economy Model,  and prepare a comprehensive National Strategy and Action Plan tailored 
to our country's conditions. Work under this Project covers many areas of circular 
economy such as batteries and automotive, electronics, circular textile, eco -design, 
construction pro ducts, waste management, packaging and packaging waste, green 
claims, plastics (macro and micro), good and biomass, industrial symbiosis and recycled 
material etc.  
 
In line with the harmonization process with the European Green Deal, the scope of the 
legislation regarding the exports has been improved and within the scope of sustainability 
companies in the TURQUALITY programme can benefit from; expenses related to consultancy 
received for areas such as determining and reporting the level of corporate sustai nability, 
developing strategies for corporate sustainability, reducing carbon emissions in production 
processes are also supported.  
 
2. Have the duties and powers of the Ministry of Energy and Natural Resources, 
specifically in terms of permitting under the General Directorate of Mining and Petroleum 
Affairs (MAPEG) changed as a result of the re -organisation referred to in the paragraph?  
 
Answer:  As of December  2018, General Directorate of Mining Affairs and General Directorate 
of Petroleum Affairs of the  Ministry of Energy and Natural Resources, has been merged into 
General Directorate of Mining and Petroleum Affairs along with all their duties and jurisdiction .  
 
PART 2: TRADE AND INVESTMENT REGIMES  
Page 31, paragraph 2.15  
It is noted that Türkiye has been implementing a new guiding strategy for faraway countries since 
July 2022, which includes Canada.  
 WT/TPR/M/439/Add.1  
 
- 20 - 
 
  Questions:  
3. Could Türkiye provide more details on key actions it will undertake under this 
strategy?  
4. Could Türkiye provide more details on how it will endeavour  to increase its goods 
exports to Canada in particular?  
 
Answers to Questions  3 and 4:  With the Strategy of Far Countries, Türkiye aims to reveal 
the potential of commercial and economic cooperati on and partnerships with far countries and 
to ensure sustainability in trade flows, to diversify its trade markets and to better integrate 
into global value chains as well as to increase the awareness between business communities.  
 
About two -thirds of Tür kiye's total exports is to the countries that are relatively close to 
Türkiye; and average export distance remains below the world's mean. The continuation of 
the current upward momentum in our exports is now focusing on increasing the range of 
exporters f rom neighbouring  to faraway countries. In this respect, one of the objectives of the 
Strategy is also to increase the average distance of Türkiye's exports, which is 3 ,065 km, to 
the world average at 4 ,744 km.  
 
To reach this target, "Far Countries Strategy", with macroeconomic analyses conducted 
for 18 distant countries individually selected on the basis of a number of criteria and 
specifically designed action plans both in terms of trade in goods and services have been 
released in  2022.  
 
The selected countries are at a distance of more than 2 ,500 km to Türkiye, having more than 
USD 60 billion imports from all over the world and countries that have a share of 1 % for 
Türkiye in their imports.  
 
On this basis, 18 selected countries are; Aust ralia, Brazil, Canada, China, Chile, India, 
Indonesia, Japan, Malaysia, Mexico, Nigeria, Pakistan, Philippines, Republic  of Korea, 
Thailand, Viet  Nam, South  Africa and U nited States . 
 
The action plans include following activities for each 18 countries;  
- Preparing country -based market access guides,  
- Increasing effectiveness of the functioning of business councils in those countries,  
- Organization of B2B matchmaking activities,  
- Networking activities to ensure easy doing business,  
- Intensifying promotional activities, especially advertising activities in the written and 
visual media through TV series, films and digital games,  
- Improving the cooperation areas in e -commerce,  
- Awareness increasing activities to promote "made -in-Türkiye" brand for Turkish goods 
and services,  
- Promoting www.askturkiye.com  website for those countries,  
- Intensifying sectoral trade fairs.  
 
Strategy report is available o nly in Turkish accessible at the following website 
https://ticaret.gov.tr/ihracat/uzak -ulkeler -stratejisi .  
 
Pages 32 -33, paragraph 2.20  
It is noted tha t alignment of its commercial policy with the EU's Common Commercial Policy has 
become more challenging from the Turkish perspective since the European  Union  started 
concluding deep and comprehensive RTAs.  
 
Question:  
5. Could Türkiye indicate what elements of the European  Union deep and 
comprehensive RTA model are challenging from the Turkish perspective?  
 
Answer:  Türkiye must align with the EU's policies vis-à-vis third countries, while it can 't be 
part of the decision -making process when such arr angements are being launched and 
negotiated. This is an important challenge we must confront, which also may lead to erosion 
of preferences in the EU market among other things.  
 WT/TPR/M/439/Add.1  
 
- 21 - 
 
  Further, the EU has concluded deeper preferential arrangements with the third countries 
compared to Türkiye, in areas such as agriculture, services, investments and public 
procurement. These are outside the scope of the CU. Therefore, Türkiye develops its own 
policy and negotiation position and may follow a different approach in its FTA's than the EU.  
This approach may sometimes be more liberal in some areas.  As a result,  this is also an 
important challenge we also need to take into account while trading with our biggest trade 
partner.  
 
The Customs Union with the EU does not cover trade in services, investment, digital trade and 
other new Chapters of deep and comprehensive  FTA's. Therefore, Türkiye develops its own 
policy and negotiation position and may follow a different approach in its FTA's than that of 
the EU. This approach may sometimes be more defensive in some areas or more offensive in 
others.  
 
Page 38, paragraph 2 .33 
The legal framework governing foreign investment is composed of the Foreign Direct Investment 
Law No.  4875 (last amended in 2003)  39 and its implementing regulation, the Regulation for 
Implementation of the Foreign Direct Investment Law.40 Türkiye does  not have an investment 
screening process. FDI restrictions are contained in various laws, and apply to 12 sectors: 
TV broadcasting, civil aviation, maritime transport, port services, fishing, accounting, auditing and 
book-keeping services, financial servi ces, mining, real -estate trading, electricity, and education. 
These restrictions are described in Türkiye's previous Review and remain unchanged.  
 
Questions:  
6. Concerns about these restrictions were expressed upon the last review. Does 
Türkiye have any plans  to reform this position and pull back these restrictions?  
 
Answer:  Restricting FDI in critical sectors is a global phenomenon, where we can observe in 
both developed and developing countries. We believe that it is much more important to sustain 
transparency on this matter. According to our FDI Law, restrictions on FDI can  only be made 
with a specific reference in a law. So, it is not possible to make a restriction by regulations or 
decrees according to Turkish administrative structure.  
 
All the sectors referred to in the question have some ties with the security concerns.  According 
to the OECD FDI Restrictions Index, Türkiye's FDI restrictions are lower than the OECD 
average. No further liberalization is foreseen in the near future for the areas where foreign 
equity participation is restricted or prohibited.  
 
7. In the context of foreign -owned and partially -owned mines, what measures are in 
place to better consult and alert stakeholders of major decisions impacting their 
investments?  
 
Answer:  All mining licenses are subjected to Mining Law in Türkiye . Prior to ma king a change 
in the law, commissions are set up involving representatives from both private sector and 
non-governmental organizations. Law amendment is made by evaluating these com missions' 
views and concerns.  
 
Consulting and alerting stakeholders are par t of the duties of General Directorate of Mining 
and Petroleum Affairs.  
 
Page 38, paragraph 2.33  
It is noted that "Türkiye does not have an investment screening process."  
 
Question:  
8. Does the Government of Türkiye have any plans to establish an investment 
screening process?  
 
Answer:  Türkiye has one of the most liberal and welcoming FDI Laws in the world. The main 
principles of this law rely on investment freedom. In an international s etting where various 
countries have fastened to implement policies with regards to the screening mechanisms with 
the rising concerns over national security especially after the C OVID -19 pandemic, Türkiye WT/TPR/M/439/Add.1  
 
- 22 - 
 
  still continues to have a liberal approach. Without prejudice to the policy space, Türkiye does 
not envisage any screening mechanism in the near future.  
 
PART 3: TRADE POLICIES AND PRACTICES BY MEASURE  
Page 69, paragraph 3.74  
 
Canada notes the Secretariat  Report on Türkiye's export ban on wheat flour from domestically 
produced grain, which was intended to be temporary, and notes the implementation of a quota for 
a short period in 2018, as it was the case in the last review period under an "Autonomous TRQ" 
scheme.  
 
Questions:  
9. Could Türkiye advise if the export ban on wheat flour from domestically produced 
grain is still in place?  
 
10. If the export ban is still in place, could Türkiye provide information on the conditions 
that would result in the removal of the export ban?  
 
11. Did Türkiye notify its export bans to the Committee on Agriculture?  
 
Answer to questions  9, 10, and  11: There is no ban for exports of wheat flour from 
domestically produced grain.  
 
Page 74, paragraph 3.93  
It is noted from the report that Türkiye enforces multiple programs and grants which aim to support 
SMEs in advancing Science, technology and innovation.  
 
Questions:  
12. Can Türkiye share data on STEM focused women entrepreneurs or women -owned 
small businesses that participate in trade?  
 
Answer:  KOSGEB supports entrepreneurship through different programmes. One of them is 
the Advanced Entrepreneurship Support Program. It consists of different support items, one 
of them "performance support which refers to women:  
 
- Performance Support:  According to the number of employees, 20,000 -TL at the end 
of the first year and 20,000 -TL at the end of the second year, with an upper limit of 
40,000 TL. + 5.000 TL additional support for each period if the owner of the 
enterprise is young (>30 years old), female, disabled, veteran or first -degree relative 
of martyr".  
 
The amount of support provided to the women according to Advanced Entrepreneur Support 
Programme is listed below. But trade data of women entrepreneurs who benefit from KOSGEB 
Entrepreneurship supports cannot be accessed from the data made available to our unit by 
our IT department.  
 
13. Can Türkiye. share data on the proportion of women -owned SMEs that benefit from 
these grants?  
 
Answer:  According to the data between 2010 -2023 about 42% of the entrepreneurs who has 
taken KOSGEB Entrepreneurship supports are women.  
 
14. Can Türkiye share best practices in promoting women's participation and retention 
in STEM sectors?  
 
Answer:  To increase the participation of women  to economic life as KOSGEB we give extra 
funds to women  and other disadvantaged groups. It was detailed in the Question  12.  
In addition to that, within the body of Ministry of Trade, various projects are carried out in 
order to identify the sectors where our women and young entrepreneurs can gain competitive 
advantage, thus increasing their international competitiveness and their share in e -export.  
In order for women and young entrepreneurs to be informed about export  and customs 
procedures and to meet their training and mentoring needs; Export Academy Women and WT/TPR/M/439/Add.1  
 
- 23 - 
 
  Young Entrepreneur Exporter Training Program and W2W -National Women Entrepreneur 
Network Platform Projects have been developed.  
The Ministry of Trade designed  a 'Women Entrepreneurs Network Programme' to form a robust 
network in 81 cities of Türkiye to reach out to women entrepreneurs directly and to inform 
them about how to be an exporter. This program has been assigned as one of the good 
practices by Internat ional Trade Center.  
 
Page 75, paragraph 2.9; 3.94; Table  3.18 
Noted in the report was Türkiye's development of the National Artificial Intelligence Strategy, 
TÜBITAK's role in incentivi zing work in the AI sector, and the Artificial Intelligence Ecosystem Call. 
Furthermore, we note the approval of Türkiye's application to the Global Partnership on Artificial 
Intelligence.  
 
Question:  
15. What measures or boards are being established within Türkiye to regulate and 
monitor this sector?  
 
Answer:  An action plan was created and implemented in the first year of the "National 
Artificial Intelligence Strategy" covering the period 2021 -2025. An effective monitoring 
mechanism has been established with the steering committee chaired by the Vice President.  
The Ministry of Industry and Technology carries out the secretariat of this strategy with the 
Digital Transformation Office. Concrete steps have begun to be taken in many working groups 
with the participation of the public, private sector, academia and NG Os.  
 
For example, the Artificial Intelligence Technical Committee within TSE was established as of 
November  2022, and active participation in international studies has begun. Also last year, 
Türkiye became a member of GPAI and the country was represented at the national level on 
relevant platforms. On the other hand, Country representatives were included in the relevant 
working groups within the GPAI organization.  
 
By closely following the Artificial Intelligence Regulation studies in the European  Union , a road 
map was created with relevant stakeholders regarding the harmonization of the regulation. 
Developments are being closely followed to ensure that Türkiye  implements this regulation 
simultaneously with the European  Union. In this regard, the Ministry o f Industry and 
Technology, the Ministry of Trade and the Digital Transformation Office are seeking to progress 
in a coordinated manner.  
 
The topics focused on within the scope of the National Artificial Intelligence Strategy are as 
follows: "Data Governance", "Human Resources", "Technical Infrastructure and Platforms", 
"AI Law and Ethics", "Trustworthy and Responsible AI", "Public AI Ecosys tem" and "AI 
Competency Development Centers". Also, working groups consisting of experts specific to 
these issues have been activated.  
 
The Ministry of Industry and Technology contributes to the use of AI as a digital technology in 
the industry and the dig ital transformation of individuals with various support/incentive 
programs, events and training infrastructure.  
 
To regulate and monitor the rapidly expanding sector of artificial intelligence, Türkiye has 
taken substantial steps, particularly under the au spices of TÜBİTAK. Recognizing AI as a 
priority field since 2022, TÜBİTAK has been instrumental in establishing various measures and 
boards. One of the pivotal elements in this framework is the Artificial Intelligence Technology 
Roadmap. This roadmap is no t merely a document but a strategic guideline that delineates 
Türkiye's trajectory in AI development. It identifies key areas of focus, outlines goals, and 
sets benchmarks for progress. The roadmap is designed to guide research and development, 
industry pa rticipation, and government policy. It underlines critical areas such as talent 
development, research funding, ethical standards, and international collaboration.  
 
A notable initiative is the formation of governance bodies that include representation from 
academic, industrial, and governmental sectors. These bodies are tasked with the oversight 
of AI developments, ensuring that they align with the national strategy and ethical guidelines. 
They monitor advancements in the field, propose adjustments to polici es, and offer 
recommendations on how to address emerging challenges and opportunities. TÜBİTAK, WT/TPR/M/439/Add.1  
 
- 24 - 
 
  through its various grants and funding mechanisms, ensures that there is a steady stream of 
support for research and development in AI. This support extends to both foundational AI 
research and applied AI in areas such as health, agriculture, and manufacturing. By 
incentivizing research, TÜBİTAK fosters a rich ecosystem of innovation where new ideas can 
be explored and developed into technologies that can benefit  society.  
 
Additionally, TÜBİTAK plays a pivotal role in establishing standards and regulations for AI 
applications to ensure they are developed and utilized responsibly. This involves setting up 
ethical guidelines and frameworks for AI to protect citizens ' rights and prevent potential 
misuse of AI technologies. These standards are being integrated into the development and 
deployment processes of AI systems across various sectors. To further facilitate the 
responsible development of AI, Türkiye has been pro active in establishing collaborations with 
international bodies.  
 
In summary, the measures and boards that Türkiye, through TÜBİTAK, has established to 
regulate and monitor the AI sector are multifaceted. They involve strategic planning through 
technology roadmaps, the creation of oversight bodies that integrate diverse stakeholders, 
funding and support mechanisms for R&D, ethical and operational standards for AI 
applications, and international cooperation. These efforts are indicative of a comprehensive 
approach to ensure that AI development is beneficial, responsible, and aligned with Türkiye's 
strategic objectives in the field of technology and innovation.  
 
Artificial Intelligence Institute  
The purpose of the Artificial Intelligence Institute established within TÜBİTAK BİLGEM is to act 
as a bridge between academic research and the needs of the industry, and to play a catalytic 
and complementary role in the creation of pioneering, inclusive and sustainable solutions, 
technologies and products that respond t o the needs of our country and global trends, as 
emphasized in our country's National Artificial Intelligence Strategy document, and in the 
creation of an expert workforce.  
 
TÜBİTAK BİLGEM Artificial Intelligence Institute is the first institute established within the 
scope of TÜBİTAK Research Centers and Institutes that cuts horizontally across sectors and 
research areas and directly focuses on emerging technology. For this r eason, the institute 
constitutes an innovative model in terms of both its open innovation and co -development 
approach and its focus on emerging technologies.  
 
It currently operates under six competence centers: Smart Production Systems, Smart 
Agriculture, Food and Livestock, Financial Technologies, E -Commerce, Climate Change and 
Sustainability, Smart Education Technologies.  It continues its activities with 10 projects, which 
aims to contribute to the transformation of artificial intelligence technologies in to products or 
solutions in line with the needs of customer organizations and to mobilize the Turkish Artificial 
Intelligence Ecosystem.  
 
It continues its activities with 10 projects, which aims to contribute to the transformation of 
artificial intelligenc e technologies into products or solutions in line with the needs of customer 
organizations and to mobilize the Turkish Artificial Intelligence Ecosystem.  
 
Page 85, paragraph 3.3.3  
The Report notes the main legislation covering SPS measures, including legislation relating to 
sanitary and phytosanitary measures and the main sanitary and phytosanitary requirements and 
procedures.  
 
Question:  
16. Does Türkiye have any planned upcoming sanitary and phytosanitary regulatory 
initiatives not referenced in  the TPR reports?  
 
Answer:  The sanitary and phytosanitary regulations established between the years 
2016-2022 are included in the report.  SPS regulations have a dynamic process and are 
updated from time to time in line with the demands from other stakehol ders and consumers, 
technological changes in the sector, etc. Türkiye notifies its regulatory initiatives in scope of 
the Agreement on a timely manner.  
 WT/TPR/M/439/Add.1  
 
- 25 - 
 
  Page 92, paragraph 3.3.5  
It is noted that Türkiye notified 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. 
Türkiye also has a number of directly and indirectly owned state -owned enterprises (SOEs):  
 
Questions:  
17. Could Türkiye explain whether these SOEs qualify as state trading enterprises under 
Article  XXVII:4(a) and the Understanding on the Implementation of Article  XVII?  
 
18. If they not qualify as state trading enterprises could Türkiye explain why.  
 
19. If they do, could Türkiye ex plain why they have not been notified per 
Article  XXVII:4(a) and the Understanding on the Implementation of Article  XVII?  
 
Answers to questions 17, 18 and 19: Within the context of Article  XVII of GATT  1994, the 
main criteria are the exclusive or special rights or privileges maintained by the enterprises. 
The SOEs in Türkiye do not have any exclusive or special privileges and therefore they are not 
considered as state trading enterprises. Furthermore, SOEs are also subject to Law on the 
Protection of Competition like their private counterparts.  
 
Page 99, paragraph 3.3.6.4  
Türkiye has increasingly favoured public -private partnerships (PPPs) for major infrastructure projects 
in the country.  
 
Questions:  
20. Could you expand on the framework used for bidding on these projects in terms of 
its openness to foreign bidders and transparency for public scrutiny?  
 
Answer:  Türkiye holds tenders for major projects in our country open to the participation of 
foreign bidders. The offers of all companies that qualify to participate in the tender are 
evaluated in a transparent manner.  
 
21. Are public -private partnerships the preferred model of Turkish firms when 
completing infrastructure projects outside Türkiye?  
 
Answer:  This is totally dependent on the country and the project risk. If the macroeconomic 
and political stability, and rule of thumb are valid in the country or there is appropriate political 
risk mitigation, and the payment mechanisms and or guarantees  are in p lace to provide the 
firm expected RoE, then public -private partnerships  can be preferred.  
 
Turkish companies participate in tenders conducted with the Public -Private Partnerships  Model 
and in accordance with the tender legislation of the country entered into the tender when 
completing infrastructure projects outside Türkiye.  
 
Page 104, paragraph 3.188  
Per the Secretariat Report, those who produce, put for sale, sell, or possess products and tools (e.g. 
password cracking devices and software) aimed  at deactivating encrypted broadcasts or to 
circumvent additional technological measures developed to prevent illegal reproduction of a 
computer programme can be prosecuted. Currently, the maximum prison term for copyright 
infringement is six years.  
 
Quest ion: 
22. Are there any exceptions to the law against circumventing technological protection 
measures (e.g. for interoperability purposes)?  
 
Answer:  There are no exceptions for circumventing technological protection measures in the 
Law of Intellectual and Artistic Works. But there are some exceptions which can be interpreted 
by courts to allow individual users to remove technological measures for interoperability 
purposes. The main exceptions in the Law are: freedom of quotation, exception for personal 
use, freedom to perform in educational institutions, exceptions for the disabled persons.  
 WT/TPR/M/439/Add.1  
 
- 26 - 
 
  PART 4: TRADE POLICIES BY SECTOR  
Page 117, paragraph 4.23  
Canada notes the Secretariat report on Türkiye's support programmes for the review years. 
According to the Ministry of agriculture and forestry (MAF) calculations cited in the Secretariat 
Report, Türkiye provided an estimated TRY  11.3 billion in support programmes in 2016 and 
TRY 23.4 billion in 2021.  
In its most recent domestic support notificatio n for the year 2016 (G/AG/N/TUR/50), Türkiye 
provided around TRY  2.4 billion in Green Box and development programmes support, as well as 
TRY 63.2 million in Current Total Aggregate Measurement of Support (CTAMS). In comparison, 
Table  4.7 of the Secretariat  report indicates TRY  21.6 billion in producer -oriented support for 2021.  
 
Question:  
23. Could Türkiye provide an overview of the reasons behind such an increase in its 
agricultural support?  
 
Answer:  Between the mentioned years, there have been price increases due to the pandemic 
in Türkiye as well as in the world, and this inflation has been reflected in the agricultural 
support figures.  
 
Page 120, paragraphs 4.28 and 4.29  
Canada notes in the Secretariat report that Türkiye provided export subsidies t o reduce exporter 
debts such as taxes, telecommunications and energy costs. According to Paragraph  8 of the 
Ministerial Decision of 19 December  2015 on Export Competition, developing country Members will 
no longer benefit from the provisions of Article  9.4 of the Agreement on Agriculture at the end of 
2023.  
 
Question:  
24. Could Türkiye advise on its progress and measures taken to meet this commitment 
by the end of 2023?  
 
Answer:  Türkiye has already eliminated entitlements (Export Subsidy Programme for 
Agricult ural Products" -Decree No.  2018/12) at the end of 2022 for products or groups of 
products, in accordance with the Nairobi Ministerial Decision on Export Competition. 
(Presidential Decree No.  6614). 
 
Page 123, paragraph 4.3.4  
Türkiye is well-positioned on the Manufacturing Competitive Industrial Performance Index and its 
automotive industry has expanded rapidly, showing that it is well positioned to compete in Europe 
and Asia.  
 
Questions:  
25. Do components for vehicles fall under the purview of the Ministry of Industry and 
Technology's mandate to approve vehicles (Import Communiqué 2022/7, OG (2021))?  
 
Answer : Import controls are carried out within the scope of the Communiqué on the Import 
of Road Vehicles (IMPORT: 2023/7) under the responsibility of the Ministry of Trade. As being 
a UN-ECE Party, Türkiye is in line with UN -ECE Regulations and Ministry of Indust ry and 
Technology is responsible for both conducting legislation and market surveillance for vehicles 
and components for vehicles.  
 
Alongside with the Ministry of Industry and Technology, the technical regulation import 
controls of components for vehicles  falls under the responsibility of Ministry of Trade with the 
Communiqué on Product Safety and Inspection No.  2023/25 (Official Gazette, d. 
31 December  2022 and no. 32060 -Repeated). The product's E -marking in accordance with 
the UN -ECE Regulations and comp liance documents are checked by the Turkish Standards 
Institution (TSE) under the responsibility of Ministry of Trade. In addition, as in vehicles, the 
Ministry of Industry and Technology is responsible for the type approval processes of 
components.  
 WT/TPR/M/439/Add.1  
 
- 27 - 
 
  26. Are f oreign companies providing automotive parts able to take advantage of the 
customs duty exemptions provided to investors in the automotive sector?  
 
Answer:  These exemptions are applicable for investments used by the companies during their 
investments, they do not cover parts used in the production process.  
 
Page 131, paragraph 4.72  
In 2019, Türk Reasürans A.Ş. was established with 100% Ministry of Treasury and Finance capital 
to increase the domestic reinsurance capacity.  
 
Question:  
27. Does Tü rkiye impose any restrictions or limitations on the ability of insurance 
companies to reinsure with private or foreign reinsurers?  
 
Answer:  Türkiye doesn't impose any restrictions or limitations to the private or foreign 
reinsurers.  
 
 
QUESTIONS REGARDING THE GOVERNMENT REPORT (WT/TPR/G/439)  
PART 3: ECONOMIC ENVIRONMENT  
Page 10, paragraph 3.37  
It is noted that Turkish steelmakers continue to pursue technological developments to enhance the 
long-term viability of the industry in the global marketplace.  
 
Questions:  
1. Does Türkiye expect their proposed carbon pricing to impact the ability of their 
steel sector to continue to be competitive?  
 
Answer:  Türkiye's steel production structure has already been carried out on an 
environmentally friendly model and through scrap -based electric arc furnaces for years. In 
addition, Türkiye's strong efforts and investments in solar, water and wind power plants 
continue to generate electricity. Therefore, the effects of new carbon pricing mechanism would 
be exp ected to be limited.  
 
In the design of the carbon pricing mechanism, emission trading system, and the policy 
decisions regarding ambition, price level etc. will be adjusted upon the sectoral technical 
studies on impacts of the decisions.  
 
2. And if so, what actions if any is the government planning to enable continued 
competitiveness from either a technical or policy consideration?  
 
Answer:  Türkiye has initiated the work on the Zero Carbon Road Map in the Steel Sector to 
ensure that the climate commitmen ts it has made for 2053, in general, within the framework 
of the requirements of the Paris Climate Agreement and the EU Green Deal. Actions and 
policies regarding the steel industry will also be announced in the Road Map, which will be 
shared with the publ ic this year . 
 
PART 4: TRADE POLICIES  
Page 14, paragraph 4.3  
The report states SMES make up 99% of all firms in Türkiye.  
 
Questions:  
3. Can Türkiye share its domestic definition of SME?  
 
Answer:  Within the scope of the "Regulation on Small and Medium -Sized Enterprises" by the 
Presidential Decree No.  7297 dated 24  May 2023, small and medium -sized enterprise (SME) 
refers to businesses whose annual number of employees is less than 250  people and whose 
annual net sales revenue or financial balance s heet does not exceed TRY 500 million . 
 WT/TPR/M/439/Add.1  
 
- 28 - 
 
  4. Does Türkiye collect gender or sex disaggregated data on the portion of its SMEs 
owned by women or underrepresented groups such as people with disabilities, those from 
rural and remote communities and visible or ethni c minorities?  
 
Answer:  We can classify, follows and track the support provided to SMEs and entrepreneurs 
in the distinctions listed below:  
- Female entrepreneur  
- Disabled  
- Youth  
 
Page 15, paragraph 4.7 and 4.8  
The report states that Türkiye implements a Women Entrepreneurs Network program and the 
W2W-National Women Exporter Network Platform to reduce the challenges women face in accessing 
mentorship and networks and to integrate women -owned businesses into trade.  
 
Questions:  
5. Can Türkiye share  further information on the challenges that women entrepreneurs 
and women -owned businesses in accessing trade?  
 
Answer:  Surveys carried out show that women and young entrepreneurs need further 
information about export and customs procedures.  
 
6. Can Türkiye share best practices and relevant data with respect to the initiatives 
mentioned above?  
 
Answer:   
Women Entrepreneur Online/ Physical Network Project  
With the project of establishing the Physical Network of Women Entrepreneurs, it is aimed to 
reach  all women entrepreneurs at the national level, to create the networks they need and to 
provide the necessary information.  
 
W2W -National Women Entrepreneur Network Platform  
W2W-National Women Exporter Network Platform is an online platform created to impr ove the 
institutional capacity of women -led companies and integrate them into the export processes 
and to enable them to create the network they need.  
 
Through the mentoring module on the platform, it is ensured that women entrepreneurs who 
have never exported or have just started exporting and companies that have been exporting 
for a long time and have high export experience are brought together. Thus, e xperienced 
women entrepreneurs will be able to transfer their knowledge and experience of export 
processes to other women entrepreneurs.  
 
The Ministry of Trade designed a 'Women Entrepreneurs Network Programme' to form a robust 
network in 81 cities of Tür kiye to reach out to women entrepreneurs directly and to inform 
them about how to be an exporter. This program has been assigned as one of the good 
practices by International Trade Center.  
 
Page 15, paragraph 4.7  
It is indicated that Türkiye has created n umerous programs to support women's economic 
empowerment via trade, such as the Women Entrepreneurs Network Program.  
 
Question:  
7. Does Türkiye have or plan to create programs to support other groups that are 
underrepresented in international trade to participate and benefit from trade, such as 
youth or visible minorities ? 
 
Answer:  Please see response to the Question 12 for the Secretariat Report  
 
Page 17, paragraph 4.34  
Türkiye included environmental sustainability in its 11th Development Plan encompassing the years 
between 2019 -2023, thus, launched a "Green Development Revolution". Türkiye ratified the Paris WT/TPR/M/439/Add.1  
 
- 29 - 
 
  Agreement in 2021 and set its net zero emission target as 2053.  Accordingly, Türkiye renewed its 
nationally determined contribution (NDC) at COP27 in November  2022. * 
 
Page 22, paragraph 4.82 -4.86 
The Government Report notes Türkiye's work on its Green Deal Action Plan and Climate Law, which 
include a carbon pricing m echanism and establishing an ETS.  
 
Question s: 
8. With Türkiye responding to the difficulties presented by the climate emergency and 
mining and energy sectors increasingly becoming a focus of Turkish economic 
development, are there any plans to introduce programs that encourage firms in the 
extractives sectors to develop or import technologies that improve their environmental 
footprint?  
 
9. Could Türkiye provide more details as to the scope (i.e., industries to be covered) 
and type of carbon pricing  mechanism that it is contemplating and elaborate on its 
implementation/ regulatory timelines?"  
 
Answer to questions  8 and 9: Preparations on establishment of a national emission trading 
system have been in the agenda of the Turkish authorities for nearly 10 years. One of the 
components that is vital in the implementation is the Monitoring, Reporting and Verification 
System which will be the base on the emissions data. Greenhouse gas emissions of our 
emission -intensive production sectors have been monitored  with the Monitoring, Reporting 
and Verification System since 2015. The monitoring in question is carried out in accordance 
with the Regulation on the Monitoring of Greenhouse Gas Emissions.  
 
There are two communiqués regarding the regulation, these are:  
- "Communiqué on Monitoring and Reporting of Greenhouse Gas Emissions" and  
- "Communiqué on Verification of Greenhouse Gas Emission Reports and Accreditation of 
Verifying Bodies".  
 
The scope determined in the legislation is electricity production and industry, and a total of 
approximately 700 facilities report their greenhouse gas emissions in line with the legislation, 
provided that they are verified by independent verifiers and supervisory organizations.  
Upon this scheme emission trading system will be in effect, in other words, emission intensive 
electricity production and industry will be in the scope.  
 
A compliance year will be a calendar year, which means the greenhouse gas emissions emitted 
in the relevant year will determine the obligation leve l of the installations. Implementation is 
planned to be in effect in 2024. Existing scheme points that the emission reports have to be 
submitted in April, and according to plan the surrendering obligations will be held in June.  
 
Page 22, paragraph 4.83  
It is noted that the Ministry of Trade is coordinating "Green Deal Working Groups" on a range of 
technical and sectoral topics such as CBAM, national carbon pricing, national circular economy, clean 
energy and green finance.  
 
Questions:  
10. Could Türkiye provide additional details on its "national circular economy," notably 
on which industries are likely to be covered? Are national efforts on circular economy and 
clean energy expected to extend to the development and setting of new technical 
standards and regulati ons to frame these efforts and new industries?  
 
Answer:  The Ministry of Environment, Urbanization, and Climate Change of Türkiye is 
conducting a project called "Technical Support Project for Assessing Türkiye's Transition 
Potential to Circular Economy." The project, which started in 2022, will last for three  years 
and aims to promote the transition to a circular economy that contributes to more efficient 
resource and waste management nationwide in Türkiye, strengthen the institutional and 
technical capacity of Türkiye in transitioning to a circular economy in li ne with the EU Circular 
Economy Model, and prepare a comprehensive National Strategy and Action Plan tailored to 
our country's conditions.  WT/TPR/M/439/Add.1  
 
- 30 - 
 
  The key product value chains envisaged to be addressed within the scope of the national 
circular economy action plan,  the preparations for which are being carried out by the Ministry 
of Environment, Urbanization and Climate Change, are as follows electronics and ICT, batteries 
and vehicles, packaging and packaging waste, plastics, textiles, construction and demolition 
waste and buildings, food and biomass. National efforts regarding the circular economy are 
likely to extend new study areas such as secondary products, use of recycled content, 
enhanced eco -design, new professional skills.  
 
Product legislation in Türkiye is aligned with that of the EU due to our Customs Union in order 
to maintain free movement of goods between parties. The Specialised Working Group under 
Sustainable Products Technical Legislation coordinates work regarding technical legislation 
and makes sure  they are aligned with Türkiye's bilateral and multilateral commitments.  
 
11. Could Türkiye indicate the extent to which it is involved in the research & 
development of domestic clean energy standards and how or if they inform the "Green 
Deal Working Groups'" work on the aforementioned technical and sectoral topics?  
 
Answer:  This question needs further clarification. However, with respect to research and 
development of clean energy standards, we can emphasize that there is an ongoing study 
within the context of taxonomy under the Green Deal Working Groups.  
 
  WT/TPR/M/439/Add.1  
 
- 31 - 
 
  CHINA  
PART I: QUESTIONS REGARDING THE Secretariat Report  
Page 11, Para 18  
Türkiye continues to be a major user of trade remedies. As of July  2022, 131 anti -dumping definitive 
measures, affecting imports from 23 economies, notably China, were in force. Textile products 
accounted for most of these measures, followed by mining and metals, and plastic and rubber 
products. At this time, it continued t o enforce one countervailing measure, following a sunset review, 
and enforced five final safeguard measures.  
 
Question:  
An inquiry of relevant materials reveals that, for more than a decade, Türkiye has adopted 
anti-dumping measures to varying degrees aga inst products from China, including 
frameless glass, hinges, synthetic and artificial fiber, heat -resistant lids, solar power 
batteries, steel, sodium formate, etc. and that several of such measures have remained 
unchanged even after a sunset review. Pleas e answer the following questions:  
 
1. On what facts and domestic laws or regulations are such measures, as well as 
decisions concerned, based?  
 
Answer:  Dumping investigations are carried out pursuant to the provisions of the WTO 
Anti-Dumping Agreement, Law No.  3577 of 1989 on the Prevention of Unfair Competition in 
Imports (as amended by Law No.  4412 of 1999); Decree No.  13482 /1999 on the Prevention 
of Unfair Competition in Imports, as amended in 2005 and 2020; and the Regulation on the 
Preven tion of Unfair Competition in imports, as amended in 2002 and 2006.  
 
2. What concrete standards are provided in the domestic laws or regulations of 
Türkiye to identify products against which anti -dumping measures should be enforced?  
 
Answer:  Türkiye does not endeavour to detect the possible candidate products which may be 
a subject product in terms of the trade remedies. Although Türkiye's domestic legislation 
allows to initiate investigations ex officio , in general Türkiye conducts investigations based on 
the applications submitted by domestic producers. Only the applications that meet the 
conditions under the WTO Anti -Dumping Agreement provisions and national legislation are 
taken into consideration. Identifications of the products are made by the domestic pr oducers 
at the initiation stage. However,  the scope of the product subject to measure is determined 
by the investigating authority in terms of the conditions such as the production capabilities of 
the domestic industry and the supply and demand equilibrium of the subject market. Likewise, 
all det ermination regarding the investigation, the scope of the product description is also 
presented to the Board of Evaluation of Unfair Competition in Imports.  
 
3. Does Türkiye apply the same standard for anti -dumping determinations for 
different origins of imports?  
 
Answer:  In the framework of the WTO Anti -Dumping Agreement and national legislation, 
Türkiye applies the same standard for anti -dumping determinations regardless of the product 
origins. However, each investigation involves its unique circumstance s, so the factors taken 
into account may vary on investigation basis. Türkiye always gives full opportunity to all 
interested parties in order to defend their interest. And Türkiye primarily benefits from the 
data and information provided by the related pa rties as long as the data obtained meets the 
requirements regulated within the provisions of WTO Anti -Dumping Agreement.  
 
Page 18, Para 1.15  
The loose monetary strategy adopted has also caused deteriorating macro -financial conditions, 
particularly record d epreciation of the lira, and the highest inflation rate since 1998. With the 
exception of 2016, the real effective exchange rate depreciated throughout the review period 
(Table  1.1). In 2021, the lira depreciated 26.8% against the US dollar. In the first e ight months of 
2022, the lira depreciated 74.8% vis-à-vis the US dollar.  
 
Question:  
4. What substantial steps has Türkiye taken to curb the depreciation of the lira?  WT/TPR/M/439/Add.1  
 
- 32 - 
 
  Answer:  The CBRT implements floating exchange rate regime and has no commitment to any 
exchange rate level. Exchange rates are determined by supply and demand conditions 
according to free market dynamics. Therefore, the CBRT does not implement monetary policy 
in order to affect the level of the exchange rate. However, monetary policy actions  can 
influence exchange rate movements indirectly. To ensure that the FX market operates 
efficiently, the CBRT closely monitors exchange rate developments and related risk factors 
and takes measures and employ due instruments, if necessary.  
 
Page 44, Para 2.5 
E-commerce developments  
 
Question:  
5. Please elaborate on the legislative reforms, new financial and export incentive 
measures enforced to ensure fair competition on the digital market, as well as the effect 
of such reform and measures.  
 
Answer:  On 1  July 2022, Grand National Assembly of Türk iye adopted the Law on the 
Amendment of the Law on Regulation of Electronic Commerce ("Law") as Law no. 7416. A 
change was made with this law and accordingly, new obligations, definitions, restrictions and 
administrative fines have been introduced.  
The Am ending law establishes the definitions of "electronic commerce intermediary service 
provider (ECISP)", "electronic commerce service provider (ECSP)" and "net transaction 
volume".  
The definition of "net transaction volume" and the number of transactions are  used when 
determining the obligations of electronic commerce intermediary service providers and 
electronic commerce service providers.  
 
The main provisions of the new law can be summarized as follows:  
- Ensuring smooth and fair competition in the market,  
- Preventing intellectual and industrial property rights violations in e -commerce 
marketplaces and preventing illegal content.  
- Prevention of unfair trade practices in e -commerce.  
- Separation of the sales of ECISPs own branded products from the e-commerce 
marketplace.  
- Preventing ECISPs from unfairly competing with their sellers by using the data they 
obtain.  
- Advertising and discount spending restriction; not engaging in advertising and discount 
activities that exclude competitors from the market.  
- Prevention of electronic commerce intermediary service providers from offering 
e-wallet -like services in their marketplace by themselves or by persons with the same 
economic integrity.  
- Restriction of cargo activities of electronic commerce intermediary se rvice providers, 
except for sales in marketplaces, their sales as sellers and their physical sales.  
- Prevention of electronic commerce intermediary service providers from serving as a 
classified platform at its e -commerce marketplace.  
- E-Commerce Licence.  
 
Page 46, Para 3.4  
According to the authorities, since Türkiye's previous Review, the Single Window System has been 
extended to include more documents used in import and export transactions.  
 
Question:  
6. Please list the new functions of the Single Window System and specify the relevant 
agency which is responsible for such functions.  
 
Answer:  Single Window System has been extended to include more documents used in import 
and export transactions since Türki ye's previous Review. This extension  includes the variety 
of the documents that have been integrated to the system rather than new functions attached 
to the system. For example, in this context, it was deemed appropriate in March  2022 to 
include the Out of Scope Letter issued in accordance with the Communiqué on Import Control 
of Products Subject to the Control of the Ministry of Agriculture and Forestry in the Single 
Window System.  WT/TPR/M/439/Add.1  
 
- 33 - 
 
   
Accordingly, the procedures regarding the appli cation, issuance and use of the said document 
1.1091 coded TPS -Ministry of Agriculture and Forestry Out of Scope Letter application is 
carried out from the link related to the Single Window System service under the Ministry of 
Trade menu in the E -Governmen t Gateway. The applications made by the obliged party are 
examined by the Ministry of Agriculture and Forestry through the Single Window Portal System 
and approved if deemed appropriate.  
 
For the applications approved by the Ministry of Agriculture and Fo restry, a 23 -digit document 
ID is created by the System. The 23 -digit document (ID) number / document line number 
(Example Reference No: 22545419881091000003392/1) created by the Single Window 
System is declared in the "Document Reference No" and "Document  Date" fields in box 44 of 
the relevant customs declaration. Since the information related to the document in question 
will be included in the electronic environment, an ink signed document in paper environment 
is not required in the annex of the declarati on. 
 
Within the framework of the Prime Ministry Circular on "Single Window System in Customs 
Services" dated 20/03/2012 and numbered 28239 published in the Official Gazette dated 
20/03/2012 and numbered 2012/6, the work on the dissemination of the Single W indow 
System continues under the coordination of Ministry of Trade.  
 
7. Feedback from Chinese exporters is that they are required to provide an 
embassy -certified registration form to register on the designated Turkish customs 
website, which increases the time and labour costs for Chinese companies. Could Türkiye 
please explain the rationale of making this requirement and whether it is applicable for 
all W TO members? Is Türkiye considering removing this requirement?  
 
Answer:  There is no such requirement specifically stated in current Customs Legislation. 
There is a system called foreign company registration system which allows Türkiye to get to 
know foreig n exporters that have commercial relations with the country but in this system; 
the registration is made by the importer that is resident in Türkiye, not the exporter and 
additionally there is no liability for additional confirmation such as embassy -certified 
registration form.  
 
Page 47, Para 3.9  
Fees levied by customs include a bill of lading fee of USD  100 per customs declaration and a stamp 
duty of TRY  176. Customs clearance outside normal working hours incurs charges of TRY  50.99 
per hour for imports, TRY  21.83 per hour for exports, and TRY  50.99 per hour for other operations. 
Costs for analyses or examination carried out in customs laboratories or outsourced units are borne 
by declarants.  
 
Question:  
8. Based on feedback from Chinese exporters, c ustoms enforcement procedure at 
different ports in Türkiye is sometimes arbitrary rather than based on fixed criteria and 
some customs staff may charge unreasonable fees. How does Türkiye plan to address this 
issue?  
 
Answer:  First of all, the explanation at the referred paragraph does not reflect the actual 
situation during the customs procedures. None of the importers doing business within Türkiye 
is paying any fee or price in the name of bill of lading to the Turkish Customs . In the Customs 
regulation, it is explicitly defined and clarified as the delivery of the goods is just handled 
according to the contract among the owner of the goods, carrier and if necessary their 
representatives meaning the customs is not a part of thi s transaction and procedure.  
 
Second, Stamp Duty is a tax collected on valuable papers  regulated by the Ministry of Treasury 
and Finance within the framework of the Stamp Tax Law No.  488 dated 1  July 1964.  
 
For 2023;  
- For summary declaration forms submitted to the customs administration, an amount of 
44.10 TL.,  
- For customs declarations submitted to the customs administration, an amount of 393.90 
TL., stamp duty is collected according to Law No.  488." WT/TPR/M/439/Add.1  
 
- 34 - 
 
   
Third, it is explained below the "fees levied by customs":  
 
In the third paragraph of Article  218 of the Customs Law No.  4458, it is stated that the 
organizations operating the sea and air ports used in the transportation of goods and 
passengers between Türkiye and other countries by sea and air and the operators of 
temporary storage places are obliged to comply with the maximum prices determined by our 
Ministry for the expenses related to customs affairs and transactions in bonded areas.  
 
In addition, in the third paragraph of Article  72/Ş titled "Obligations of enterprises within the 
scope of customs surveillance and control" of the Customs Regulation, it is stipulated that the 
procedures and principles regarding the maximum fees to be collected from the goods to be 
inspected and controlled  can be determined by the Ministry.  
 
In this context, the principles to be followed in the determination and implementation of the 
fees for the services to be provided by the operating organizations regarding customs affairs 
and transactions at sea ports h ave been determined by the Circular No.  2019/8, and the fees 
regulated in the said Circular are applied by increasing them at the revaluation increase rate 
(rate to reflect the price inflation to the fees) every year.  
 
Although the fees to be charged for c ustoms procedures in different ports of our country are 
based on a fixed criterion, a detailed examination can be made if detailed information is 
provided regarding the arbitrary practices mentioned in the question.  
 
Customs administrations may also provid e customs services outside of working hours and 
days. For these services provided by the customs administration upon the request of the 
trader, an overtime fee is collected from the trader. The overtime fee is revalued every year 
in accordance with the leg islation, and for 2023, these fees were determined as TL 48.67 per 
hour for export transactions and TL 113.67 per hour for other transactions.  
 
The overtime fee shall be calculated by taking into account the overworked time, the nature 
of the work and tran saction, the number of personnel assigned and the working hourly rate. 
Pursuant to the legislation, if more than one officer works on a job, the same amount of 
overtime fee shall be accrued for each officer.  
 
Lastly, costs for analyses or examination carr ied out in customs laboratories are listed in 
customs legislation.  
 
9. Based on feedback from Chinese exporters, Turkish customs have certain 
requirements on the weight of imported containers, making it difficult to clear samples. 
Could Türkiye take into account some reasonable needs for sample clearance in the 
import/export trade and relax the relevant customs requirements?  
 
Answer:  "Samples of goods" means any goods representing a type of goods whose manner 
of presentation and quantity, for goods of the same type or quality, rule out its use for any 
purpose other than that of seeking orders. Samples of goods which are of negligible v alue and 
which can be used only to solicit orders for goods of the type they represent, are admitted 
free of import duties.  
The customs may take some measures such as tearing, perforating or clearly and indelibly 
marking, or using any other process, provi ded such operation does not destroy their character 
as samples.  
Customs transactions of samples of goods are as follows;  
- Samples can be declared by the express shipping companies that have operator 
authorization from our Ministry and the postal operator t o the customs via simplified 
customs declaration. Carriers should be informed about the shipments that include 
samples. Authorised operators submit the customs declaration under simplified procedure 
on behalf of the consignee. There will be no additional c ost any other than delivery cost 
of the item.  
- When sample of goods are carried by any unauthorized cargo company, normal customs 
declaration should be submitted. This time, a customs broker could submit customs 
declaration on behalf of the consignee.  WT/TPR/M/439/Add.1  
 
- 35 - 
 
  - If the shipping company or customs brokers don't declare the goods as samples, they 
may be treated as ordinary shipments by customs administration.  
- In determining whether the goods are samples, it is crucial to include a statement on the 
invoice or package in dicating that there is a sample, however in the absence of such an 
inscription , the goods can be treated as samples if the customs officer is convinced s o. 
- For samples;  
● If the product is not subject to a direct import ban, there is no restrictions.  
● Regardless of transport method, samples are exempted from custom duties.  
● The consignee must be a legal entity.  
● There is no weight or value limitation.  
● The samples must be related to the actual operation area of the consignee.  (for 
example, any food product sample should be sent to a company operating in food 
business)  
 
Page 80, Para 3.102  
The Turkish Standards Institution (TSE) is the national standards setting body, and since 2020 has 
taken on KOSGEB's responsibilities for providing laboratory services. The Turkish Accreditation 
Agency (TURKAK), which falls under the Ministry of Foreign Affairs, is Tü rkiye's accreditation body. 
It is responsible for evaluating the competency and capacity of entities providing services in the 
areas of certification, inspection, testing, and calibration. A new Halal Accreditation Agency was 
established in 2018 to accredi t halal conformity assessment bodies. Türkiye's Conformity 
Assessment Association (UDDer) is the umbrella organization for national conformity assessment 
bodies.  
 
Question:  
10. In the certification requirements for Chinese -made equipment in Türkiye, it is sti ll 
compulsory to obtain European and/or American certification for most of the equipment 
made in China when certain certification has already been obtained, resulting in additional 
fees and time costs. Could Türkiye please explain the necessity of addition al certification?  
 
Answer:  Irrespective of their origins, all products targeted to be placed on Turkish market 
should be safe and in compliance with the related Turkish technical legislation (eg machinery, 
lvd, emc, lifts etc.) Within the scope of the Cust oms Union established between Türkiye and 
the European  Union , Türkiye has adopted, and continues to comply with current developments 
in the EU's conformity assessment  system together with the EU technical legislation.  
 
Within the framework of Türkiye's adherence to the 1958 Geneva Convention and the 
harmonization process with the European  Union , regulations published in the European  Union  
and the United Nations are applied in the certification processes of motor vehicles used on the 
road and th eir components and systems in our country.  
 
The products regardless of the origin - even manufactured in Türkiye - are obliged to fulfil the 
national legislation requirements. The required labelling and certifications in the import control 
processes and mark et surveillance do not vary depending on the origin of the product. Import 
controls of the products are mainly based on conformity document/marking and physical 
inspection, and do not require any other additional documents. These requirements are 
applied b oth for domestic (local) and imported products.  
 
Page 80, Para 3.103  
Several government ministries and agencies have a role in implementing laws and regulations on 
products subject to technical regulations and for undertaking market surveillance (Box 3.2).  There 
were various changes to the names and responsibilities of these Ministries following a government 
reorganization in 2018 (Section  2.1).  
 
Question:  
11. Based on feedback from Chinese exporters, according to Turkish customs 
regulations, goods unclaimed within a certain period will be auctioned, sold or destroyed 
and the Turkish importer can acquire the goods at a low price as the first bidder. If Chinese 
enterprises request for return or transhipment of the goods, they must obtain the written 
consent of the Turkish importer. Turkish importers may take advantage of this policy to 
obtain goods at low prices by participating in auctions. Could Türkiye please e laborate on WT/TPR/M/439/Add.1  
 
- 36 - 
 
  the legal basis of above mentioned regulations and practices, and how to protect the 
rights and interests of exporters and other stakeholders?  
 
Answer:  According to the Customs Code no.4458, Article  46, the goods which are not 
involved in administrative or judicial proceedings not assigned to a customs -approved 
treatment or use within the time framework determined; become subject to liquidation under 
Article  177 and shall be liquidated in accordance with the provisions of Article  178. The 
liquidation methods are determined in Article  178 as: "(a) Sale by auction, (b) Sale for the 
purpose of re -exportation, (c) Sale by retail, (d) Sale to the public institutions and foundations 
and associations established by a special Act, (e) Destruction, ( f) Special ways."  
 
Regarding the liquidation process regulated in Articles 177 to 180 of the Customs Law, first of 
all, we would like to state that, according to our current legislation, the importer does not 
have any privileged rights on the goods liquida ted by the methods listed in Article  178. 
However the importer, if it wishes, can participate in the tender of the goods with equal rights 
with other bidders by becoming a member of the e -auction system. 
(https://www.eihale.gov.tr). In this case, the goods  are sold to the person who offers the 
highest bid within the period determined for the tender.  
 
On the other hand, the right owner of the goods  has the right to apply to the relevant customs 
authority to subject the item to a customs regime or re -exportin g them outside the customs 
territory according to Article  179. The right owner of the goods  is defined in Liquidation 
Regulation Article  57 as follows: " 2. The right owner of the goods is the domestic buyer if the 
foreign exchange has been transferred to t he foreign sender, the foreign sender if no foreign 
exchange has been transferred, and the foreign sender in the case of a refund of transferred 
foreign exchange."  According to the article, the right owner of the goods  that meets the 
requirements determined, has the right to apply to the relevant customs authority to subject 
the item to a customs regime or re -exporting them outside the customs subject to the 
conditions and payments set out in Article  179 of the Customs Law.  
 
The right of application mentioned above is not only granted to the importer, as the provision 
states. The exporter who proves that they are the right owner of the goods in accordance with 
the requirements of Article  57 of the Regulation also has th e right to request that the goods 
be placed under a customs regime or re -exported outside the customs territory, subject to 
the conditions listed in Article  179 of the Customs Code.  
 
12. According to the feedback from Chinese exporters, Turkish customs have low 
requirements for consignee pick -ups and release of goods without a bill of lading is 
common. How does Türkiye plan to address this issue?  
 
Answer:  In the Customs regulation, it is explicitly defined and clarified as the delivery of the 
goods is just handled according to the contract among the owner of the goods, carrier and if 
necessary their representatives meaning the customs is not a part of this transaction and 
procedure.  
 
Page 82, Para 3.107  
As of November  2022, Türkiye had 37,807 voluntary standards in place, which include standards 
based on/harmonized with international or regional (European) standards.  
 
Question:  
13. How many of T ürkiye 's standards are in line with international standards? What is 
the percentage?  
 
Answer:  More than 99 .5% of European standards have been accepted (adopted) as Turkish 
standards.  
TSE has;  
- Total number of Turkish Standards are 38.297.  
- 81% of the Turkish Standards originated from international and regional standards.  
- 30.995 adopted standards from international and regional standards (7.389 of them 
are translated into Turkish),  
- 7.302 purely national standards.  
 WT/TPR/M/439/Add.1  
 
- 37 - 
 
  14. Please briefly state the procedures for standards to be formulated.  
 
Answer:  In accordance with our CEN -CENELEC membership, all European standards are 
adopted as Turkish standards by TSE under the period and conditions specified within the 
framework of th e organizations' procedures. Other International Standards can be also 
adopted on request from stakeholders.  
For other issues which are not covered by CEN or CENELEC, purely national standards can be 
developed by our technical committees together with enqu iries of all stakeholders. All the 
standards are subject to approval of the Technical Board.  
 
Page 85, Para 3.120  
The authorities indicate that Turkish Food Codex is prepared by taking into account the needs of 
Türkiye based on the EU acquis , FAO/WHO standards, and internationally accepted scientifically 
based approaches, and the legislation is updated as a result of the scientific assessment of the 
determined criteria, taking into account potential physical, chemical, and microbiological risks.  
 
Question:  
15. In the event that the EU's rules currently in effect are different from international 
standards, how will Türkiye  make its domestic standards with reference to such EU rules?  
 
Answer:  If there is legislation committed to be harmonized under the Customs Union and the 
Chapter 12 of Türkiye's EU Accession Negotiations, the aim is to fully harmonize this legislation 
first. However, if there is a deviation from the EU, national criteria are established taking into 
account national risk assessments and other international standards. The drafts prepared at 
the end of this process are notified to the WTO and comments are tak en into account.  
 
In the absence of any regulation in the EU legislation, international food legislation (standards, 
guidelines and codes of practice of the Codex Alimentarius Commission) is taken into 
consideration when drafting legislation. In addition, Turkish Food Codex is also prepared for 
traditional products, taking into account national practices and consumer interests.  
 
The legislation is prepared on the basis of SPS principles, taking into account the relevant 
international standards, as  well as the standards of other countries and the needs of Türkiye.  
 
Page 89, Para 3.135  
In 2020, Law No.  4054 underwent a major amendment with Act No.  7246, introducing the new 
concepts of the de minimis  principle, settlement, and remedy. The amendments w ere made with the 
aim of increasing the effectiveness of competition law instruments and ensuring compliance with EU 
regulations.  
 
Question:  
16. Please specify how to deal with the transition between the application of the laws 
before and after amendments.  
 
Answer:  The TCA issued Regulation on the Settlement Procedure for Investigations on 
Anticompetitive Agreements, Concerted Practices, Decisions and Abuse of Dominant Position 
(dated 15  July 2021). Communiqué No.  2021/2 on Commitments to be Subm itted in 
Preliminary Inquiries and Investigations on Anti -Competitive Agreements, Concerted Actions 
and Decisions, and Abuse of Dominant Position (dated on 16  March  2021) to clarify the 
procedures and provide legal certainty.  
 
The TCA has been enforcing th ese newly introduced  tools immediately  after the amendment 
to the Law No.  4054. The number of the cases which are concluded through settlement 
procedure is in rise since 2020. As such, commitment procedure has been employed to end 
the competitive concerns occurred within the scope of Article  4 or 6. 12 of the investigations 
initiated after the amendment were terminated with efficient commitments. Regarding 
settlements, 92 undertakings, acknowledging their infringements, paid approximately 
TRY 836 million in administrative fines, leading to the conclusion of investigations.  
 
17. Please introduce the main contents of such amendment in detail.  
 WT/TPR/M/439/Add.1  
 
- 38 - 
 
  Answer:  Although the main changes were de -minimis principle, settlement and commitments 
mechanisms, the complete  amendments to the Law No.  4054 are as follows:  
- The Board may not launch investigations concerning certain agreements, concerted 
practices and decisions and practices of associations of undertakings that do not 
significantly restrict competition in the mar ket provided that it establishes criteria such 
as market shares and turnover thresholds (excluding hard -core cartels such as price -
fixing or market sharing). (Amending the Art.41 – De Minimis ) 
- After the initiation of an investigation at the request of eith er the TCA or by one or more 
of the parties, a settlement procedure may begin. The Board may come to a settlement 
with undertakings or associations of undertakings subject to investigation, who 
acknowledge the existence of the violation until the investiga tion report is submitted. The 
administrative monetary fines to be imposed will be decreased by 25% for undertakings 
that settle with the TCA (Amending the Art.  43 - Settlement).  
- During a preliminary inquiry or an investigation, in case undertakings or asso ciations of 
undertakings concerned make commitments for eliminating competition concerns 
occurred within the scope of Article  4 or 6 and those commitments are accepted by the 
Board, an investigation may not be initiated about those undertakings or associat ions of 
undertakings, or the ongoing investigation may be terminated. Hard -core restrictions 
(e.g. price -fixing, market sharing) are excluded from the commitment mechanism 
(Amending the Art.  43 - Commitments).  
 
The other amendments to the Law No.  4054 can be summarized as follows:  
- Amending the Art.  5 -Self assessment of exemption by the undertakings are prioritized.  
- Amending the Art.  7 - In merger control SIEC test was introduced instead of dominance 
test 
- Amending the Art.  9- The TCA may impose behavio ural and structural remedies if it finds 
a competition law infringement. Structural remedies will be implemented if behavioural  
remedies are not sufficient to tackle the competition law concerns.  
- Amending the Art.  15 – The aim of this amendment is to make it explicit and clear that 
the TCA's entitlement extends to the digital assets of undertakings under investigation.  
- Amending the Art.  45 – After sending the Statement of Objections, case handlers' 
additional opinion time is extended from 15 days to 1 month - (In the past, case handlers 
submitted additional opinion within 15 days of receiving the second written defence).  
 
Page 102, Para 3.174  
The General Directorate of Copyright, as provided for the Eleventh Development Plan, is responsible 
for 13 polic y measures contained in the chapter on IPRs, which aim at strengthening the legal 
framework and practice, developing an ecosystem that supports IPRs, and accelerating the 
commercialization of IPRs.  
 
Question:  
18. Please state the 13 policy measures in detail. Are these measures applicable to 
foreign enterprises or individuals?  
 
Answer:  Main policy measures under the responsibility of the Directorate General of Copyright 
of the Ministry of Culture and Tourism contained in the chapter on IPRs of the Eleve nth 
Development Plan are provided below:  
454.4. Information activities will be carried out in order to raise public awareness about 
copyrights.  
454.7. In the software and informatics sector, informative and promotional activities will be 
carried out in ord er to increase the efficiency and awareness of the copyright registration 
practice.  
455.1. The existing records, data and national statistics on the cultural industries subject to 
copyrights will be diversified.  
455.2. A measurement report will be prepared  on the economic dimension of the cultural 
industries subject to copyrights.  
455.4. The database of intellectual and artistic works will be integrated with the databases of 
collecting societies and will be enriched to include up -to-date data on copyright o wnership.  
456.13. Auction halls and art galleries where fine art works are offered for sale will be 
identified and legislative work will be carried out to certify them.  
456.14. The Regulation on Fees for the Copyright and Adaptive Works Payable by Public 
Institutions and Organizations will be updated to include issues of works and related rights.  WT/TPR/M/439/Add.1  
 
- 39 - 
 
  456.15. Regular training activities will be provided to the commission members to ensure 
uniformity in implementation and inform the members about the up -to-date l egislation in 
order to increase the effectiveness of provincial audit commissions.  
457.4. The projects for copyright -based cultural industries will be supported by observing the 
Convention on the Protection and Promotion of the Diversity of Cultural Expres sions of the 
United Nations Educational, Scientific and Cultural Organization (UNESCO).  
460.1. The applicable legislation will be updated in order to enable the collecting societies to 
operate more efficiently and transparently.  
460.2. A guideline will be prepared and implemented in order to increase the institutional 
capacity of collecting societies on collective rights management including professional 
management, data production, human resources and digital environment.  
 
Page 102, Para 3.175  
During the period under review, Türkiye undertook some initiatives on IP. For example, the Hezarfen 
project, launched in 2007, aims to help increase the innovative culture in small and medium -sized 
enterprises (SMEs) and to create an IP strategy for SMEs t o protect their inventions.  
 
Question:  
19. In addition to the Hezarfen project, what IP -related public services are available to 
SMEs in Türkiye?  
 
Answer:  A protocol was signed between the Union of Chambers and Commodity Exchanges 
of Türkiye (TOBB), which is the highest legal entity in Türkiye representing the private sector 
and the Turkish Patent and Trademark Office on 26  May 2021 in order to improve cooperation 
on issues falling within the mandate of both parties, to raise awareness of companies operating 
in Türkiye on industrial property rights, to increase the competitiveness of Turkish industries, 
and to increase the level of  knowledge of the business world regarding intellectual and 
industrial property rights through activities for Sector Assemblies, Entrepreneur Boards, 
Academic Advisors and Chambers and Commodity Exchanges operating within TOBB.  
 
In our country, there are 74 information and document units in the Chambers of Industry and 
Commerce. Through both the protocol signed with TOBB and the Information and Document 
Units in the Chambers of Industry and Commerce, information and awareness -raising 
activities are carried  out in line with the needs of SMEs. In this context, 17 activities were 
organized in 2022 and 12 activities were organized in 2023.  
 
Page 102, Para 3.176  
The main institutions responsible for IP are the General Directorate of Copyright in the Ministry of 
Culture and Tourism (for copyright and related rights)205; the Turkish Patent and Trademark Office 
for patents, utility models, trademarks, geographical indications, designs, and topographies of 
integrated circuits;206 and the MAF for plant breeders' right s.  
 
Question:  
20. Several Turkish institutions are responsible for managing different IP types. So, 
which authority is responsible for handling IP -related issues concerning trade?  
 
Answer:  Turkish Patent and Trademark Office (TÜRKPATENT) is mainly responsible for the 
registering/granting/processing of patents, trademarks, designs, utility models, geographical 
indications and topographies of integrated circuits. Since the intellectual property rights are 
private rights, the commerciali zation of them (trading) are handled by the owners. 
TRIPS  Agreement  (Trade Related Aspects of Intellectual Property Rights) is implemented and 
enforced by various government authorities in Türkiye.  Each IP institution is responsible for 
the intersection areas that are related to IP -related issues concerning trade within the 
framework of their field of expertise.  
 
Page 102, Para 3.178  
The new Industrial Property Code entered into force on 10  January  2017. It replaces a series of 
individual laws, executive decrees, and regulations enacted in 1995 to comply with the provisions of 
the Türkiye -EU Customs Union, and it covers all matters related to trademarks, geographical signs, 
designs, patents, utility mo dels, and traditional product names harmonizing national legislation with 
EU standards. The Industrial Property Code also covers applications, registrations, and post -
registration processes and criminal sanctions concerning the violation of these rights. T he main WT/TPR/M/439/Add.1  
 
- 40 - 
 
  novelties are the shortening of the opposition periods for designs (from six to three months) and 
trademarks (from three to two months), as well as the possibility to register sound and colour 
trademarks.  
 
Question:  
21. Türkiye adopted the harmonized Industrial Property Code  in 2017. Has there been 
any change in the cycle of registration and authorization of patents, trademarks, utility 
models, etc., since the adoption of this law? In the past five years since the law was  
implemented, what is the extent of change in the cycle of patent examination, trademark 
registration and utility model registration?  
 
Answer:  
Patents and Utility Models : 
The patent examination cycle takes less than 24 months (less than 12 months for sear ch and 
12 months for examination).  
 
The cycle for utility model registrations takes less than 18 months. The research report is 
mandatory for granting utility models and is established within a period of less than 
12 months. The utility model needs to be published before it is granted.  
 
Trademarks :  
Regarding trademarks, the main amendment is the reduction of the opposition period for the 
trademarks that is 2 months now. Non -traditional marks have also been regulated explicitly 
in both Industrial Proper ty Code No 6769 (IPC) and its Implementing Regulation.  
 
Moreover with the IPC, a trademark application may not be refused according to identically or 
indistinguishably similarity to a trademark, which has been registered or which has been 
applied for regis tration, relating to identical goods and services or to goods and services of 
the identical type if a notarial document indicating the clear consent of the prior trademark 
proprietor for the registration of the application is submitted to the Office. The l etter of consent 
can be submitted to the Office in the application or appeal to a refusal decision. Submission 
of the document in the application shortens the ex -Officio examination process.  
 
With regard to the examination principles, there is no immense a lteration after IPC, but on 
the other hand the registration period for the trademarks gets shorter after IPC, namely about 
6 months for those applications against which there is opposition.  
The number of applications and accordingly the number of registrat ions for the non -traditional 
marks have increased since the adoption of IPC.  
In addition to the opposition procedure, the IPC brought the necessity of submitting proof of 
use to the opponent in certain cases.  
 
Within that context, according to Article  19 (2) of the IPC, regarding the oppositions filed in 
the scope of the first paragraph of Article  6, provided that the trademark, which is the ground 
for opposition, has been registered for at least five years at the date of application or date of 
priority of the application for which the opposition is filed, upon the request of the applicant, 
it shall be required from the opponent to submit evidence proving that he had genuinely used 
his trademark on the goods and services relating to the oppositio n during the five -years period 
before the date of application or the date of priority of the latter application or whether he has 
a proper reason for not using his trademark during that period.  
The time limit for submitting the evidence to TÜRKPATENT is o ne month from the date of 
notification of the request.  
 
In case the opponent fails to prove the aforesaid, opposition shall be refused. If it is proven 
that the trademark, which is the ground for opposition, has been used only for some of the 
goods or serv ices which are covered by registration, then the opposition shall be examined 
taking into account the goods or services whose use is proven.  
 
22. Regarding the shortening of opposition periods for trademark registration, what 
factors were taken into considerat ion aside from harmonizing with the EU standards from 
a legislative point of view?  
 WT/TPR/M/439/Add.1  
 
- 41 - 
 
  Answer:  Main aim of the shortening of the opposition period is to design a faster and more 
efficient trademark registration system.  
Besides the shortening of the opposition periods from 3 months to 2 months, the Office is 
using Examination Guidelines for opposition examination processes as well and new examiners 
have been assigned to the Opposition Section.  
Automation of the processes  is the other key factor for shortening the opposition examination 
processes.  
 
23. Do the colour trademarks include those based on single colours ? Is there any 
precedent in which sound or colour trademarks are successfully registered?  
 
Answer:  Theoretically, single colours can also be registered as trademarks. In practice on the 
other hand, this is mostly possible by acquired distinctiveness exception of the trademark 
registration that is based on Article  5/2 of the IPC (Industrial Property Code Law no: 6769).  
Colour combinations are more likely to be considered as distinctive signs.  
There are many registered colour and sound marks in the registry.  
For instance;  
 is a registered single -color mark for "Chocolate and goods containing chocolate" 
based on acquired distinctiveness.  
 is a registered sound mark for Classes 30 and 43. (For sound marks 
audio file is mandatory, however the applicant may also submit notational representation)  
 
Page 103, Para 3.179  
An objection right was granted to the applicant, against the decisions of the Turkish Patent and 
Trademark Office.  
 
Question:  
24. What will the Turkish Patent and Trademark Office do in the case that an applicant 
raise an objection to the registration of a geographic indication? Does the applicant  have 
any subsequent remedy procedures?  
 
Answer:  Objections to a geographical indication or a traditional speciality guaranteed 
application may be filed by interested parties within three months of its publication in the 
Official Gazette of Geographical Indications and Traditional Speciality Guaranteed. Once the 
objections are rejected and the application is registered, or once a geographical indication or 
a traditional speciality guaranteed is registered without an objection procedure, TÜRKPATENT 
is not authorized for the invalidation requests. The inval idity of registration may be requested 
by filing a lawsuit in front of the court.  
 
Page 103, Para 3.180  
An electronic database of GIs is available to the public.  
 
Question:  
25. Are there any IP -related data already or planned to be made available to the publi c 
other than the electronic database of GIs?  
 
Answer:  After publication (IP Rights are published after 18 months from the application to 
TÜRKPATENT or if early publication request is available, after the formality control); patent, 
trademark and design dat a available to public.  
Publicly available patent and utility model database can be reach from the link below:  
https://www.turkpatent.gov.tr/arastirma -yap?form=patent  
Publicly available trademark database can be reach from the link below:  
https://www.turkpatent.gov.tr/arastirma -yap?form=trademark   
Publicly available design database can be reach from the link below:  
https://www.turkpatent .gov.tr/arastirma -yap?form=design   
 
WT/TPR/M/439/Add.1  
 
- 42 - 
 
  Page 103, Para 3.182  
Framework provisions were introduced for the ownership of patent rights that are generated at the 
projects supported by the governmental institutions/bodies in order to incentivize the inventions at 
these projects, promote the participation in these R&D initiatives, and encourage the cooperation 
between governmental institutions/bodies and commercial firms.  
 
Question:  
26. Please state the rules  governing the ownership of patent rights generated in such 
projects, as well as the exercise of such patent rights.  
 
Answer:  The patent belongs to the company, which receives the incentives for R&D activities 
if the applicant/s (company) of the patent meet/s certain requirements and follow the 
procedural steps in the Article  122 of the Law No: 6769 and in the relevant administrative 
regulation (articles 36 -40 of the Administrative Regulation on the Employee's Inventions, 
Inventions made at the Hi gher Education Institutions and Government Supported Projects). 
However, the governmental institution which has supported the company for R&D activities 
has the right to have a free license to put the patented invention on the market.  
The government organi zation has right to make a claim for third parties to be granted a license 
in reasonable conditions to use the invention in some specific cases as follows:  
 a) According to the provision of Article  130, the beneficiary party of the government that 
supporte d the project does not use the invention that is the subject of the patent or does not 
attempt to use it.  
 b) The product that is subject of the patent produced by the beneficiary party of the 
government that supported the project or the licensee is not ab le to address the needs arising 
from the reasons of public health or national security.  
 c) The product that is subject to the patent produced by the beneficiary party of the 
government that supported the project or the licensee is not able to cover the ne eds of the 
state institution or organization.  
Further procedural details are regulated in Article  122 of the "Industrial Property Code No: 
6769" and the "Administrative Regulation on the Employee's Inventions, Inventions made at 
the Higher Education Instit utions and Government Supported Projects", notified to the TRIPS 
Council as IP/N/1/TUR/11 and IP/N/1/TUR/17 respectively.  
 
Page 103, Para 3.184  
As of October  2022, the only CL had been granted in 1998, under previous legislation.  
 
Question:  
27. Would you please provide the background and other information on the CL granted 
in 1998? For example, what was the ground for that CL back in 1998? Did it solve the 
problem in question? What effect did it generate? Did the right holder get any 
compensation for that CL? 
 
Answer:  In the records of the Turkish Patent and Trademark Office, there is no CL agreement 
that is registered.  
 
Page 104, Para 3.187  
With respect to parallel imports, the Industrial Property Code provides for international exhaustion 
for patents, trademarks, industrial designs, utility models, patents, geographical signs, and 
traditional product names. The Law for Topographies of Integrated Circuits contains provisions that 
adopt the international exhaustion doctrine.  
 
Question:  
28. What were the key elements of the "international exhaustion" doctrine adopted by 
Türkiye in its Industrial Property Code  for parallel imports?  
 
Answer:  If the products which are subject of an industrial property rights (patent, trademark, 
industrial design, utility model and topographies of integrated circuits) are put on the market 
by the proprietor or third parties with proprietor's consent,  further act ions related to those 
products shall remain outside the scope of the industrial property right. According to the article 
152 of the industrial IP code, there is no territorial limitation of exhaustion. Therefore, in 
Türkiye international exhaustion is adop ted.  
 WT/TPR/M/439/Add.1  
 
- 43 - 
 
  Page 114, Para 4.11  
During the 2016 -21 period, Türkiye continued to maintain marketing boards for agricultural 
products, such as the Turkish Grain Board (TGB) and the Meat and Milk Board, which are state -
owned entities. The TGB, under the MAF, conti nues to provide stability to the grain markets, manage 
the state monopoly on opium and narcotic drugs, hold stocks for emergencies, and implement other 
responsibilities given by the President. During the review period, there were price changes in grains 
and according to the information provided by the authorities, in 2021 the TGB announced price 
increases on wheat and barley. The purchase prices were determined by taking into account market 
conditions in domestic and foreign markets.  
 
Question:  
29. How does the Turkish Grain Board determine the purchase prices of wheat and 
barley? What are the conditions for such purchase?  
 
Answer:  The Board takes into account many financial parameters such as economic 
indicators, world prices, raw material supply o f the agricultural industry, developments in 
domestic and foreign markets, and consumer prices while determining the purchase price. On 
the other hand, conditions for those purchases are based on the standards of the Turkish 
Standards Institute.  
 
Page 115,  Para 4.15  
…activities aimed to further strengthen the coherence with the EU… were expected to be 
implemented but were slowed due to COVID -19… 
 
Question:  
30. Please state such activities in detail, and the time of their resumption.  
 
Answer:  The process continues within the framework of the National Action Plan.  
https://www.ab.gov.tr/abye -katilim -icin-ulusal -eylem -plani2021 -2023-_52882.html   
 
Page 115, Para 4.17  
…Producer principal and interest payments on concessional loans were postponed to…the 
interest -free loans were made available to small farmers and food enterprises…  
 
Question:  
31. Please elaborate the standards used to identify small farmers and food 
enterprises, respectively.  
 
Answer:  A family enterprise is defined as an enterprise with up to 5 acres of agricultural land 
for crop production, and 1 -20 heads of cattle or 1 -100 heads of sheep and goats for livestock 
produc tion.  
 
Page 115, Para 4.18  
These included temporary  
(i) customs duty reductions/exemptions, including on paddy rice; wheat; barley; maize; 
oat, rye and sorghum; chickpeas and lentils; and sunflower seed oil;  
(ii) export prohibitions (Section  3.2.3.1); and (iii) non -automatic licensing requirements 
(Section  3.2.3.3) . 
 
Question:  
32. What products are subject to the export prohibitions? And when will such 
prohibitions be lifted?  
 
Answer:  By paragraph (b) of Article  3 of the Export Regime Decision; The Ministry of Trade 
is authorized to impose restrictions or prohibitions on exports due to unusual developments 
in the markets, insufficiency in the goods subject to export, public security, public moral, 
human health, me asures for the protection of animals, plants or the environment, protection 
of commodities with artistic, historical and archaeological value. In this context; the goods 
that are subject to export prohibition is indicated in the Annex -I of the Communique R egarding 
Goods Subject to Export Prohibition and Pre -Authorization (No: Export 96/31), published in 
Official Gazette dated 19/9/1996 and numbered as 22762, as follows:  
 WT/TPR/M/439/Add.1  
 
- 44 - 
 
  Description of item  Legal Basis  
1)Antiques and archaeological works  Law on Ancient Works of Art (No.  2863 of 21 July 1983)  
2)Indian hemp  Law on the Controls of Narcotics (No.  2313 of 
24 June 1933)  
3)Tobacco seedlings and tobacco plants  Regulation on Procedures and Principles Regarding Tobacco 
Production, Marketing of Producer's  Tobacco, Domestic and 
Foreign Trade, Inspection and Tobacco Expertise 
(Published in Official Gazette dated 04/12/2002 and 
numbered as 24956)  
4)All game and wild animals, except for 
the species included in the list of goods 
whose export is subject to prel iminary 
authorization (living or non -living and 
their smallest recognizable parts and 
garments made from them)  Decision of the Council of Ministers (No.  234 of 
8 April 1990)  
5)Walnut, mulberry, cherry, pear, plum, 
yew, ash, elm and linden trees in logs, i n 
timber, in plank and in sketch  Decision of the Council of Ministers (No.  8186 of 
24 April 1974)  
6)Natural flower bulbs  Export Regime Decree (No.  7623 of 22 December  1995)  
7)Wood  Export Regime Decree (No.  7623 of 22 December  1995)  
8)Liquidamber orientalis  Export Regime Decree (No.  7623 of 22 December  1995)  
9)Pterocarya carpinifolia  Export Regime Decree (No.  7623 of 22 December  1995)  
10)Phoenix the ophrasti crenter  Export Regime Decree (No.  7623 of 22 December  1995)  
11)Plants of olive, fig (Except species 
sertificated domestically which are 
registered and published in 'National 
Species List'), hazelnut, pistachio, and 
grapevine (sultanas seedless)  Export Regime Decree (No.  7623 of 22 December  1995)  
  
12)Sahlep (powd er and of all sorts)  Export Regime Decree (No.  7623 of 22 December  1995)  
 
Page 115, Para 4.19 -4.20 
Türkiye maintains a number of autonomous tariff rate quotas (TRQs) (Table  4.6) and TRQs pursuant 
to RTAs. It does not have any TRQs bound in its WTO schedule of tariff commitments.  
The procedures for the allocation of TRQs are determined in the related Decrees and Communiques 
on Tariff Rate Quotas regarding Certain Agricultural  and Processed Agricultural Products for the 
related country. The administration of TRQs is managed by the Ministry of Trade. TRQ allocation is 
carried out through either the "request collection method" or the "first -come first -serve method".  
 
Question:  
33. What is Türkiye's assessment cycle for specific tariff rate quotas? Under what 
circumstances will Türkiye re -evaluate and abolish the imposition of tariff rate quota on 
imported rice?  
 
Answer:  Autonomous tariff rate quotas are determined according to multi -parameter 
analysis, considering factors such as supply security, domestic market dynamics and 
conditions of domestic production branches. The Ministry of Trade monitors the foreign trade 
and domestic supply of these agricultural products and evaluates the market condition. Within 
this framework, the Ministry can make the necessary regulations regarding trade policies, 
including tariff rate quotas, ex officio  or upon request of a related Institution/sector if deemed 
necessary.  
 
Page 116, Para 4.21  
In terms of autonomous quotas, the Council of Ministers approved a number of TRQs for agricultural 
products, namely commodity crops, meat of bovine animals, live bovine animals, and live sheep and 
goats between 2016 and 2022. In this context, for commodity cr ops TRQs are redistributed on a 
yearly basis, but for live animals and meats TRQs are no longer in force. These quotas were mainly 
issued to marketing boards to meet shortfalls in the domestic market. In addition, Türkiye has 
published a new TRQ Decision f or 400,000 tonnes for sugar, which ended on 15  October  2022. 
 
Question:  
34. Please state the rules governing the application for and distribution of autonomous 
quotas. Are private enterprises and marketing boards subject to different procedures or 
conditions i n obtaining such quotas?  WT/TPR/M/439/Add.1  
 
- 45 - 
 
  Answer:  The application procedures and allocation criteria for each autonomous tariff rate 
quota are explicitly stated within the scope of the relevant Regulation and are applicable to all 
applicants.  
 
Page 117, Table  4.7 
 
Question:  
35. Please introduce the implementation of area -based income support, organic 
agriculture support, and good agricultural practices support for hazelnut producers.  
 
Answer:  Agricultural subsidies are provided within the scope of the Presidential Decr ee and 
communiqués on implementation principles published every year.  
In order to ensure the sustainability of production in hazelnut orchards established in licensed 
hazelnut areas, area -based support payments are made per unit area (acre). This support has 
been continued without increase since 2019. Area -based support for hazelnut producers is 
provided on the basis of ownership and land size to farmers registered in the information 
systems of the Ministry of Agriculture and Forestry.  
Supports for organic agriculture and good agricultural practices are provided on the basis  of 
application to farmers who are registered in the information systems of the Ministry of 
Agriculture and Forestry and have the relevant certificates specified in the legislation and meet 
the necessary conditions.  
 
Page 118, Para 4.24  
According to various decrees between 2016 and 2021, other support programmes included the 
Strategic Crops Scheme; Agricultural Insurance and Disaster Payment; Farm Accounting Data 
Network Participation Premium; IPARD National Co -financing Contribution Payments; and 
Agricultural Extension and Consultancy.26 In addition, state -supported agricultural insurance, 
TARSIM, was provided via a public -private partnership.27 Farmers registered in the Farmer 
Registration System or other registration systems of the MAF are covered b y TARSIM, taking into 
account their current land, product, facility, enterprise, and breeding information. The Government 
funds between 50% and 67% of the farmers' total insurance premium.  
 
Question:  
36. Please state the Strategic Crops Scheme in detail.  
 
Answer: Strategic Crops Scheme is determined when necessary according to climate 
evaluation, soil, topography, water constraint, statistical data, crop rotation, and 
recommendations of provincial/district directorates and NGOs. There is no indicative strategi c 
crops scheme determined. The following crops are currently monitored as strategic crops: 
wheat, maize, rice, barley, sunflower, olive oil, red lentil, potato, onion, sugar beet, red meat, 
chicken meat, milk, eggs.  
 
37. Please introduce the implementation of the state -supported agricultural insurance. 
Is the subsidy for such insurance premium related to the type of crops?  
 
Answer:  In order to ensure continuity of agricultural production in our country, stability in 
the income of farmers and balance in the agri cultural economy against various risks and 
natural disasters with increasing severity and frequency due to climate changes at the global 
level, the "Agricultural Insurance Law" No.  5363 dated 14  June 2005 was enacted and TARSİM 
was established and The system started its operations in 2006. The Ministry of Agriculture and 
Forestry, the Insurance and Private Pension Regulation and Supervision Agency (IPRSA), on 
behalf of the Ministry of Treasury and Fina nce, the Union of Chambers of Agriculture of 
Türkiye, the Turkish Insurance Association and Tarım Sigortaları Havuz İşletmesi A.Ş. are the 
relevant parties of the Agricultural Insurance Pool (TARSİM).  
 
The State -Supported Agricultural Insurance System touches every aspect of agriculture and 
offers a wide range of services to the country's farmers through eight agricultural insurance 
lines. Agricultural insurance lines are as follows:  
- Crop Insurance  
- Village Based Drought Yield Insurance  
- Greenhouse Insurance  
- Cattle Insurance  WT/TPR/M/439/Add.1  
 
- 46 - 
 
  - Sheep&Goats Insurance  
- Poultry Insurance  
- Bee Hives Insurance  
- Aquaculture Insurance  
 
In 2021, Revenue Protection Insurance was introduced for wheat crop in Cihanbeyli, K adınhanı 
and Karatay districts of Konya province. The application, which started as a pilot project, was 
implemented throughout Konya province in 2022. Following the pilot project, it will be offered 
to wheat producers all over Türkiye in the 2023 -2024 pro duction season.  
The TARSIM System, which is non -profit and voluntary, is a model of cooperation between the 
state, private sector and non -governmental organisations. Premiums collected from farmers 
and premium subsidies provided by the State are collected in the Agricultural Insurance Pool, 
and losses incurred by farmers are covered by the Pool.  
The State subsidy for premium payments, i.e. premium support, is provided not according to 
product type, but according to risk, or in other words, according to cov erage.  
 
PART II: QUESTIONS REGARDING THE GOVERNMENT REPORT  
Page 11, Para 3.38  
Exports in the textile and apparel sectors (including textile and raw materials, ready -made clothing 
and apparel, carpet, leather and leather products sectors) increased by 26.7%  in 2021 compared to 
the previous year and reached USD  36.2 billion, while imports in these sectors totalled  
USD 12.6 billion. Textile and apparel sectors' exports constituted 16.1 % of Türkiye's total exports.  
 
Questions:  
38. What measures were taken by the Turkish Government to promote the export in the 
textile and apparel sectors (including textile and raw materials, ready -made clothing and 
apparel, carpet, leather and leather products sectors)?  
 
Answer:  There is no sector -specific incentive implemented by the Turkish Government to 
textile and apparel sectors. However, we encourage all the sectors to concentrate in more 
value -added manufacturing.  
 
Page 11, Para 3.41  
Türkiye is the largest producer and exporter of the agricultural and food prod ucts in the Eastern 
European, the North African and the Near and Middle Eastern regions. Despite the negative effects 
of the COVID -19 pandemic, total exports of agricultural and food industry products have increased 
by 4.9% and reached approximately USD  20.7 billion in 2020. Then in 2021 it increased by 21% 
and reached USD  25 billion, which is the highest export figure in the history of Turkish food and 
agricultural products exports. Türkiye exports agricultural and food products to more than 
200 countries in the world. About 30% of the exports are directed to European  Union  countries.  
 
Questions:  
39. What targeted measures were taken by the Turkish Government to mitigate the 
adverse effect of the COVID -19 pandemic on the trade of agricultural products and food ? 
 
Answer : To ensure the sustainability of production due to the impact of the COVID pandemic 
on the agriculture and food sector, to eliminate the problems of access to raw materials caused 
by disruptions in the supply chain and the negativities faced by producers and consumers in 
accessing the markets; measures aimed at ensuring that consumers have access to healthy 
and sufficient food have been implemented. Some of the measures are listed below:  
- A Scientific Board regarding C OVID -19 has been established within MAF. Additionally, a 
Working Group has been established to carry out virus evaluation and follow -up studies.  
- Inspections to ensure that the provisions of the Food Hygiene Regulation and the 
Regulation on Spe cial Hygiene Rules for Foods of Animal Origin are met have been 
increased to the highest level.  
- Information has been provided on the rules that food enterprises must follow regarding the 
technical and hygienic measures to be taken and published on MAF's website and social 
media accounts.  
- Provincial directorates for MAF have been instructed to ensure regular cleaning and 
disinfection of animal sales points and live animal transport vehicles.  
- Online transactions have been facilitated and disseminated.  WT/TPR/M/439/Add.1  
 
- 47 - 
 
  - Information was provided to public within the scope of the "Water, Sanitation, Hygiene 
and Waste Management" document published by the World Health Organization (WHO) 
on 3 March  2020.  
- The sector was informed about the sustainability of production, hygie ne measures to be 
taken, security of supply, access to raw materials and price stability via video -conference 
with representatives of the dairy, red meat, poultry meat, egg and beekeeping sectors.  
- Instructions have been given to continue activities in th e production area for the 
uninterrupted continuation of agricultural production.  
- Emergency Action Plans regarding Covid -19 have been made by MAF's Research Institute 
Directorates.  
 
Page 17, Para 4.31  
Türkiye is an active participant of the Initiative an d is committed to delivering a rulebook fit for 
ecommerce which is balanced in terms of expectations of the business, the consumer and the 
governments.  
 
Questions:  
40. Please introduce in detail the specific ideas and contents of the rulebook fit for e-
commerce.  
 
Answer:  Türkiye has long advocated that e -commerce rules need to be developed under the 
WTO and therefore has been an active participant of the JSI on e -Commerce.  
Given the fact that e -commerce is evolving rapidly, Türkiye recognize the need for a new set 
of rule s. Some of the areas Türkiye believes to be important and that can benefit from 
international rules are:  
- streamlined customs procedures for e -commerce goods since delivery at a timely manner is 
of crucial importance for e -commerce.  
- facilitating e -comme rce through digitizing e -commerce processes and accepting digital forms 
in place of physical such as electronic signatures and electronic contracts.  
- enhancing consumer trust in e -commerce through online consumer protection, preventing 
unsolicited commerc ial electronic messages, personal data protection and such.  
- balancing consumer, business and government expectation especially with regards to 
protection and flow of; and access to data.  
- flexibilities and policy space for legitimate public policy obje ctives and ensuring enforcement 
of domestic laws and regulations  
 
Page 23, Para 4.92  
In relation to digital applications, in 2013, all authorization and coordination procedures regarding 
Single Window System has been given to Turkish customs. From that dat e, a total of 22 government 
and non -governmental institutions authorized for issuance of import and export licenses integrated 
into system. Operators can apply, submit data and receive 170 documents used in foreign trade 
through electronic channels.  
 
Ques tions:  
41. Please enumerate the 22 government and non -governmental institutions 
integrated into the Single Window System, as well as the licences issued by them, 
respectively.  
Answer:  With current numbers; below is the list of government institutions integrated into 
the Single Window System, as well as the licenses issued by them.  
 
Institution 
(Toplam: 23)  Code  TPS Documents(Toplam: 176)  Interface  
BORSA 
İSTANBUL(7)  0766 TPS-Bİ- Uygunluk Yazısı  TPS 
0894 TPS-Bİ- Üyelik Yazısı (işlenmemiş altın ve gümüş)  TPS 
0895 TPS-Bİ- Üyelik Yazısı (işlenmemiş standart dışı altın ve gümüş)  TPS 
0896 TPS-Bİ- Üyelik Yazısı (işlenmemiş standart platin ve paladyum)  TPS 
0897 TPS-Bİ- Üyelik Yazısı (işlenmemiş standart dışı platin ve 
paladyum)  TPS 
0898 TPS-Bİ- Üyelik Yazısı (kıymetli taşlar)  TPS 
1089 TPS-Bİ- Uygunluk yazısı(kıymetli madenler)  TPS 
T.C. ÇALIŞMA VE 
SOSYAL 
GÜVENLİK 
BAKANLIĞI(1)  0855 TPS-ÇSGB - Kontrol Belgesi  TPS WT/TPR/M/439/Add.1  
 
- 48 - 
 
  Institution 
(Toplam: 23)  Code  TPS Documents(Toplam: 176)  Interface  
T.C. SANAYİ VE 
TEKNOLOJİ 
BAKANLIĞI(3)  0850 TPS-STB- Yasal Metroloji İthal İzni (Ölçü Aletleri)  TPS 
0985 TPS-STB- Teknoloji Geliştirme Bölgeleri Gümrük Muafiyet Belgesi  TPS 
0986 TPS-STB-AR-GE ve Tasarım Merkezleri/Faaliyetleri/ Projeleri 
Muafiyet Belgesi  TPS 
T.C. ÇEVRE, 
ŞEHİRCİLİK VE 
İKLİM 
DEĞİŞİKLİĞİ 
BAKANLIĞI(9)  0857 TPS-ÇŞB- Metal Hurda İthalatçı Belgesi  ÇEVİS  
0900 TPS-ÇŞB- Tehlikesiz Atık İhracat İzni  ÇEVİS  
0901 TPS-ÇŞB- Tehlikeli Atık İhracat İzin Yazısı  ÇEVİS  
0943 TPS-ÇŞB- OTİM Belgesi  ÇEVİS  
0945 TPS-ÇŞB- Atık İthalatı Uygunluk Yazısı  ÇEVİS  
0946 TPS-ÇŞB- Atık İthalatı Kapsam Dışı Yazısı  ÇEVİS  
0948 TPS-ÇŞB- Katı Yakıt İthalatı Uygunluk Yazısı  ÇEVİS  
0949 TPS-ÇŞB- Katı Yakıt İthalatı Muafiyet Yazısı  ÇEVİS  
1060 TPS-ÇŞB- Üretici Belgesi ve Analiz Sertifikası  TPS 
T.C. İÇİŞLERİ 
BAKANLIĞI -             
EMNİYET GENEL 
MÜDÜRLÜĞÜ(4)  0860 TPS-EGM- İthalat Uygunluk Yazısı  TPS 
0861 TPS-EGM- İhracat Uygunluk Yazısı  TPS 
1088 TPS-EGM- İlişik Kesme Belgesi  EGM 
1048 TPS-EGM- KDV İstisna Belgesi  TPS 
T.C. İÇİŞLERİ 
BAKANLIĞI -          
JANDARMA(1)    Jandarma -KDV İstisna Belgesi  TPS 
T.C. İÇİŞLERİ 
BAKANLIĞI -              
SAHİL GÜVENLİK 
KOMUTANLIĞI(1)  1036 TPS-Sahil Güvenlik Komutanlığı - KDV İstisna Belgesi  TPS 
ETİ MADEN 
İŞLETMELERİ 
GENEL 
MÜDÜRLÜĞÜ(1)  0856 TPS-EMiGM - İhraç İzin Belgesi (Eti Maden)  ETBİS  
ENERJİ PİYASASI 
DÜZENLEME 
KURUMU(1)  0843 TPS-EPDK - Uygunluk Belgesi  TPS 
T.C. ENERJİ VE 
TABİİ 
KAYNAKLAR 
BAKANLIĞI(2)  1003 TPS-ETKB- PİGM İhraç İzin Belgesi  TPS 
0867 TPS-ETKB- PİGM İthal İzin Belgesi  TPS 
T.C. KÜLTÜR VE 
TURİZM 
BAKANLIĞI(3)  0865 TPS-KTB- Ekspertiz Belgesi  TPS 
0888 TPS-KTB- Kültür Fonu  KÜTBİS  
0904 TPS-KTB- Kültür Fonu Kapsam Dışı Yazısı  KÜTBİS  
T.C. HAZİNE VE 
MALİYE 
BAKANLIĞI(7)  0886 TPS-HMB- E-Fatura  HAZMİS  
0862 TPS-HMB- Yabancı Madeni Para Çıkışı İzin Yazısı  TPS 
0940 TPS-HMB- Vergi Dairesi İstisna Belgesi  HAZMİS  
0988 TPS- HMB- Ayarevi Raporu  HAZMİS  
1035 TPS-HMB- KDV İstisna Belgesi  HAZMİS  
1029 TPS-HMB- Teminatsız Hava Yakıt Alım Sertifikası  HAZMİS  
0996 TPS-HMB- Geri Gelen Eşya Yazısı  HAZMİS  
T.C. SAĞLIK 
BAKANLIĞI -             
TÜRKİYE İLAÇ VE 
TIBBİ CİHAZ 
KURUMU(13)  0845 TPS-SB- İleri Tedavi Ürünleri Kayıt Belgesi  SAGBİS  
1016 TPS-SB- Ön İzin Belgesi  SAGBİS  
1017 TPS-SB- Sağ. Bak. Kont. Tabi Kim.Md. Fiil. İth.Güm.İd.Kul. 
Mah.Kyt. Bel.  SAGBİS  
1015 TPS-SB- Sağlık Bak.Kont.Tabi Madde. İhr. Mah. Ruhsatname 
İhrac Permisi  SAGBİS  
1066 TPS-SB- TİTCK -Tıbbi Tanı Kitleri Uygunluk Yazısı  SAGBİS  
1013 TPS-SB- Kontrol Belgesi  SAGBİS  
1038 TPS-SB- Kontrol Belgesi(Prekürsör)  SAGBİS  
0851 TPS-SB- Kontrol Belgesi (Tıbbi Beşeri Ürün)  SAGBİS  
1023 TPS-SB- TİTCK -Kontrole Tabi Maddelerin İthaline Mahsus 
Ruhsatname  SAGBİS  
1064 TPS-SB- TİTCK -Uyuşturucu ve Psikotrop Madde İhtiva Etmediğine 
Dair Yazı -Ön İzin Belgesi  SAGBİS  
1042 TPS-SB- TİTCK -İlaç Hammaddesi Muafiyet Belgesi  SAGBİS  
1041 TPS-SB- TİTCK -İlaç Hammaddesi Muafiyet Belgesi(Yerli Üretim 
Bilgilendirme Yazısı)  SAGBİS  
1065 TPS-SB- TİTCK -Tıbbi Cihaz ve Koruyucu Donanım Ön İzin Belgesi  SAGBİS  
T.C. TİCARET 
BAKANLIĞI(68)  0951 TPS+C55:C117 - İthal Lisansı (Korunma -Otonom)  İTBİS  
0873 TPS-TB- Kişisel Koruyucu Donanım İthalat İzni  İTBİS  
0875 TPS-TB- KSS İthalat  İTBİS  
0877 TPS-TB- Kayıt Belgesi  EBİRLİK  
0882 TPS–TB- Kayıt Belgesi (Su Ürünleri)  EBİRLİK  WT/TPR/M/439/Add.1  
 
- 49 - 
 
  Institution 
(Toplam: 23)  Code  TPS Documents(Toplam: 176)  Interface  
0884 TPS-TB- Yatırım Teşvik Belgesi  ETUYS  
0885 TPS-TB- Teminatlı Ön İzin Belgesi  ETUYS  
0928 TPS-TB- Oyuncak  TAREKS  
0929 TPS-TB- Telsiz -Telekom  TAREKS  
0930 TPS-TB- Yapı Malzemeleri  TAREKS  
0340 TPS-TB- Kamu İthalatı İzin Belgesi  İTBİS  
0931 TPS-TB- İthalat Uygunluk Belgesi(Sınır Ticareti)  TPS 
0932 TPS-TB- Sınır Ticareti Belgesi  TPS 
0941 TPS-TB- Tıbbi Cihaz Uygunluk Yazısı  TAREKS  
0942 TPS-TB- Pil-Akü Uygunluk Yazısı  TAREKS  
0944 TPS-TB- Ayakkabı Uygunluk Yazısı  İTBİS  
0952 TPS-TB- KSS İhracat Uygunluk Yazısı  TPS 
0953 TPS-TB- Bedelsiz İhracat İzni  TPS 
0954 TPS-TB- İthal lisansı (Tarım -Otonom)  İTBİS  
0955 TPS-TB- İthal Lisansı  (KİM-MET) İTBİS  
0956 TPS-TB- İthal Lisansı (Tarım -Ülke Bazlı)  İTBİS  
0957 TPS-TB- İthal Lisansı (Korunma -Ülke Bazlı)  İTBİS  
0958 TPS-TB- İthal Lisansı (Ozon)  İTBİS  
1005 TPS-TB- TAREKS Araç Parçaları  TAREKS  
0992 TPS-TB- SBİF 5.000 USD ve Altı Sarf ve Demirbaş Mlz.  TPS 
0961 TPS-TB- SBİF TPS 
0962 TPS-TB- Kullanılmış Eşya İzin Belgesi (Liste Dışı)  İTBİS  
0963 TPS-TB- Gözetim Belgesi (Tarım)  İTBİS  
0964 TPS-TB- Gözetim Belgesi (Sanayi)  İTBİS  
0965 TPS-TB- Kati İthalat İzin Belgesi  İTBİS  
0966 TPS-TB- İthal Lisansı (Tekstil)  İTBİS  
0967 TPS-TB- İthal Lisansı (MAK -ELEKT -ELEKTR)  İTBİS  
0968 TPS-TB- Standartlara Uygunluk Belgesi  TAREKS  
0969 TPS-TB- CE Gerektiren Ürünler Belgesi  TAREKS  
0970 TPS-TB- Kullanılmış Eşya Belgesi  TAREKS  
0972 TPS-TB- Standartlara Uygunluk Belgesi/Düşümlü  TAREKS  
0973 TPS-TB- CE Gerektiren Ürünler Belgesi/Düşümlü)  TAREKS  
0975 TPS-TB- Bakliyat, Yağlar, Kuru Ürünler ve Bal İthalatı  TAREKS  
0976 TPS-TB- Bakliyat, Yağlar, Kuru Ürünler ve Bal İhracatı  TAREKS  
0977 TPS-TB- Yaş Meyve Sebze, Yumurta ve Zeytin İthalatı  TAREKS  
0978 TPS-TB- Yaş Meyve Sebze, Yumurta ve Zeytin İhracatı  TAREKS  
0979 TPS-TB- Pamuk İthalatı  TAREKS  
0980 TPS-TB- Pamuk İhracatı  TAREKS  
0981 TPS-TB- Yatırım Teşvik Belgesi(Tutar)  ETUYS  
0982 TPS-TB- Teminatlı İthalat İzni(Tutar)  ETUYS  
0983 TPS-TB- Kıymetli Kağıt İthalat İzin Belgesi  TPS 
0878 TPS-TB- Dahilde İşleme İzni  TPS 
1010 TPS-TB- Tareks Tüketici Ürünleri İthal İzni  TAREKS  
0892 TPS-TB- İRİS İRİS 
0910 TPS-TB- Geçici İthalat İzni  TPS 
0933 TPS-TB- Nihai Kullanım İzni  EBİRLİK  
0971 TPS-TB- Gümrük Kontrolü Altında İşleme İzni  TPS 
1004 TPS-TB- Gümrük Statü Belgesi  TPS 
  TPS-TB-Eşya Teslim Listesi  TPS 
1006 TPS-TB- Hariçte İşleme İzni (Tamir Amaçlı)  TPS 
1019 TPS-TB- Taahhütname  TPS 
0999 TPS-TB- Özel Fatura  TPS 
0991 TPS-TB- Takas İşlemleri Takip Formu  TPS 
1028 TPS-TB- Doğal Arı Balı Belgesi  TPS 
1045 TPS-TB- Kayıt Belgesi  EBİRLİK  
  TPS-TB- İthal Şahadetnamesi  TPS 
  TPS-TB- Nihai Kullanım Sertifikası  TPS 
1093 TPS-TB- İstisnai Kıymet Beyan Formu  TPS 
1095 TPS-TB- Hariçte İşleme İzni(YYS -Sivil Havacılık ve Savunma 
Sanayi)  TPS 
1096 TPS-TB- Kayıt ve Tescile Tabi Araçların İthalatında ÖTV 
Aranmaksızın İşlem Tesisi İçin Motorlu Araç Ticareti ile İşstigal 
Edildiğine Dair Belge  TPS 
  TPS-hidrofil -ithalat  TPS 
  TPS-hidrofil -ihracat  TPS 
1092 TPS-TB- İnceleme,Analiz ve Test Amaçlı Eşya İthalat izin Belgesi  TPS 
T.C. ULAŞTIRMA 
VE ALTYAPI 1025 TPS-SHGM - Uygunluk Yazısı  TPS 
0854 TPS-SHGM - Uygunluk Yazısı  TPS WT/TPR/M/439/Add.1  
 
- 50 - 
 
  Institution 
(Toplam: 23)  Code  TPS Documents(Toplam: 176)  Interface  
BAKANLIĞI -       
SİVİL HAVACILIK 
GENEL 
MÜDÜRLÜĞÜ(2)  
SERMAYE 
PİYASASI 
KURULU(1)  0889 TPS-SPK- Uygunluk Yazısı  TPS 
TÜRKİYE ENERJİ, 
NÜKLEER VE 
MADEN 
ARAŞTIRMA 
KURUMU(2)  0852 TPS-TAEK- Uygunluk Yazısı (Düşümlü)  TPS 
0893 TPS-TAEK- Uygunluk Yazısı (Tek Kullanım)  TPS 
TÜRK 
STANDARTLARI 
ENSTİTÜSÜ(5)  0848 TPS-TSE- İthal Araç Uygunluk Yazısı  TSESİS  
0844 TPS-TSE- TOB Kimyevi Gübrelere İlişkin İthalat Uygunluk Yazısı  TSESİS  
0911 TPS-TSE- TOB Kimyevi Gübreler Dışında Kalan Ürünlere İlişkin 
İthalat Uygunluk Yazısı  TSESİS  
0914 TPS-TSE- TOB Kimyevi Gübrelere İlişkin İthalat Kapsam Dışı 
Yazısı  TSESİS  
0916 TPS-TSE- TOB Kimyevi Gübrelere İlişkin İthalat Parti Teşkil Etmez 
Yazısı  TSESİS  
BİLGİ 
TEKNOLOJİLERİ 
KURUMU(2)  1031 TPS-BTK- Cihaz İhracat Uygunluk Yazısı  TPS 
1032 TPS-BTK- Cihaz İthalat Uygunluk Yazısı  TPS 
T.C. TARIM VE 
ORMAN 
BAKANLIĞI(36)  0858 TPS-TOB- Bitki Koruma Ürünleri/Hammaddeleri İthal İzin Belgesi  TPS 
0879 TPS-TOB- Veteriner İlaç İthalat Uygunluk Belgesi  TPS 
0880 TPS-TOB- Veteriner Biyolojik Ürün İthalat Uygunluk Belgesi  TPS 
0881 TPS-TOB- Veteriner İlaç Hammaddesi İthalat Uygunluk Belgesi  TPS 
0902 TPS-TOB- GTHB Uygunluk Yazısı (Bitkisel Gıda ve Yem)  TARBİS  
0903 TPS-TOB- Uygunluk Yazısı (Bitki Karantinası)  TPS 
0906 TPS-TOB- Gübre İthalatçı Kayıt Belgesi  TPS 
0912 TPS-TOB- Kimyevi Gübreler Dışında Kalan Ürünlere İlişkin İthalat 
Kapsam Dışı Yazısı  TPS 
0913 TPS-TOB- Kimyevi Gübreler Dışında Kalan Ürünlere İlişkin 
numune ithalat yazısı  TPS 
0915 TPS-TOB- Kimyevi Gübrelere İlişkin İthalat Kapsam Dışı Yazısı  TPS 
0917 TPS-TOB- Kimyevi Gübreler Dışı Ürünlere İlişkin İhracat Ön İzni  TARBİS  
0934 TPS-TOB- Uygunluk Yazısı (Hayvansal Ürün)  TARBİS  
0935 TPS-TOB- Uygunluk Yazısı (Hayvansal Yem)  TPS 
0936 TPS-TOB- Uygunluk Yazısı (Hayvansal Yan Ürün)  TPS 
0937 TPS-TOB- Uygunluk Yazısı (Gemi Kumanyacılığı -Hayvansal Ürün)  TARBİS  
0938 TPS-TOB- Uygunluk Yazısı (Canlı Hayvan)  TARBİS  
0960 TPS-TOB- Gübre İhracatçı Kayıt Belgesi  TARBİS  
1002 TPS-TOB- TPS-GTHB Uygunluk Yazısı (BKÜ Olarak Kullanılan Biy. 
Müc. Etmenleri)  TARBİS  
0735 TPS-TOB- Ön İzin Belgesi  SEKİS  
0760 TPS-TOB- Uygunluk Yazısı  SEKİS  
0918 TPS-TOB- Alkol İthalatı Uygunluk Belgesi  TARBİS  
0922 TPS-TOB- Tütün Mamulleri İthalatı Uygunluk Belgesi  TARBİS  
0923 TPS-TOB- Tütün Mamulleri Makaron İthalatı Uygunluk Belgesi  TARBİS  
0924 TPS-TOB- Tütün Mamulleri Makine İthalatı Uygunluk Belgesi  TARBİS  
0925 TPS-TOB- Tütün Mamulleri Makine Yurtdışı Edilmesi Belgesi  TARBİS  
0926 TPS-TOB- Tütün Mamulleri Yaprak Sigara Kağıdı İthalatı 
Uygunluk Belgesi  TARBİS  
0859 TPS-TOB- Kapsam Dışı Yazısı  TARBİS  
0919 TPS-TOB- Alkol Numune ve Özel İthalat İzni  TARBİS  
0920 TPS-TOB- Tütün İhracatı Uygunluk Belgesi  TARBİS  
1011 TPS-TOB- Ön İzin Belgesi(Veterinerlik Ürünleri)  TPS 
0921 TPS-TOB- Tütün İthalatı Uygunluk Belgesi  TPS 
1030 TPS-TOB- Bitki Sağlık Sertifikası  TARBİS  
1007 TPS-TOB- CITES  TARBİS  
1027 TPS-TOB- Bitki Koruma Ürünü Ruhsat Belgesi  TARBİS  
1026 TPS-TOB- Gübre Tescil Belgesi  TARBİS  
1091 TPS-TOB- Kapsamdışı Yazısı  TPS 
T.C. MİLLİ 
EĞİTİM 
BAKANLIĞI(1)  1054 TPS-MEB- KDV İstisna Belgesi  TPS WT/TPR/M/439/Add.1  
 
- 51 - 
 
  Institution 
(Toplam: 23)  Code  TPS Documents(Toplam: 176)  Interface  
TÜRKİYE 
NOTERLER 
BİRLİĞİ(1)  1037 TPS-TNB- İlişik Kesme Belgesi  TPS 
Türkiye Odalar ve 
Borsalar 
Birliği(TOBB)(3)  1058 TPS-TOBB - Ekspertiz Raporu  TPS 
  TOBB - Kapasite Raporu  TPS 
1057 TPS-TOBB - İş Makineleri İlişik Kesme Belgesi  TPS 
MİLLİ SAVUNMA 
BAKANLIĞI(1)  1055 TPS-MSB- KDV İstisna Belgesi  TPS 
TÜRKİYE 
İHRACATÇILAR 
MECLİSİ(1)  1088 TPS-TİM EBİRLİK  
 
PART III: OTHER QUESTIONS  
China notices that recently, the Turkish Government has sharply increased the tariff rate imposed 
on the electric vehicles imported from China. According to the Schedule of Tariff Concessions 
submitted by Türkiye to the WTO, however, the bound tariff rate promised by the Turkish 
Government for electric vehicles is 20%.  Therefore, the decision of Türkiye to raise the tariff rate 
against the electric vehicles imported from China is an obvious violation of its commitment to the 
bound tariff rates submitted to the WTO. Please answer the following questions:  
 
42. How will Türkiy e ensure that it does not contravene provisions of Article  2 on 
Schedules of Concessions under the GATT?  
 
43. As Türkiye imposes additional duties only on the electric vehicles imported from 
China, the electric vehicles made in China are therefore subject to treatment significantly 
less favo urable  than that afforded to similar products manufactured by other members. 
Does Türkiye think that this constitutes discrimination? How will Türkiye correct such 
wrong practice that is in violation of the WTO r ules?  
 
Answers to Question s 42 and 43:  Electric vehicles sector, as an infant industry, has a 
strategic importance for Türkiye. This sector also presents potential for technological and 
know -how spill -over to other sectors.  
  WT/TPR/M/439/Add.1  
 
- 52 - 
 
  COLOMBIA  
3 POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS  
3.1 Medidas que afectan directamente a las importaciones  
3.1.1 Procedimientos y requisitos aduaneros y valoración en aduana  
3.1.1.1 Procedimientos aduaneros  
 
Párrafo 3.5. "Algunas mercancías solo se pueden importar a trav és de oficinas de aduanas 
especializadas. La Dirección General de Aduanas, adscrita al Ministerio de Comercio, es responsable 
de asignar a las nuevas oficinas de aduanas el carácter de especializadas o eliminar esa designación. 
Esas mercancías son las sigu ientes: i) los vehículos automóviles, tractores, motocicletas y sus piezas 
de repuesto y accesorios; ii) los productos textiles; iii) los abonos; y iv) los disolventes y los 
productos petroquímicos y los productos destinados a la industria alimentaria. Las  autoridades han 
indicado que la razón de ser de los requisitos relativos al puerto de entrada es garantizar que se 
disponga de los conocimientos técnicos especializados en materia de aduanas. Estos requisitos no 
se aplican a la Unión Europea, el Reino Uni do y, en algunos casos, Suiza; al parecer, eso es porque 
no existe la misma necesidad de controles especializados ". 
 
1. Podría Türkiye  compartir mayor información sobre cuáles son las condiciones que 
tienen en cuenta para otorgar una excepción en los controles y requisitos para la 
importación de mercancías provenientes de algunos países como los Miembros de la UE, 
el Reino Unido y Suiza.  
 
Answer:  In accordance with the Decision No 1/95 of the EC -Türkiye  Association Council, 
Article  54, Turkish legislation shall be harmonized as far as possible with Community 
legislation in areas of direct relevance to the operations of the Customs Union, including 
customs legislation. In addition to this, UK -Türkiye Free Trade Agreement, Article  1.1, Item 2 
states the objective of the Agreement as "… to preserve preferential conditions relating to 
trade between the Parties, which resulted from the bilatera l trading arrangements between 
the European Union and Turkey, and to provide a platform for further trade liberalisation and 
facilitation of trade between them."  
 
As a result of the agreements mentioned above, European  Union , the United  Kingdom  and in 
some  cases, Switzerland benefit from exemptions for certain goods that subject to 
specialization. Moreover, due to the low trade volume between Türkiye  and 
United  Kingdom/Switzerland, the exemption does not have a negative impact on the 
objectives targeted by specialized customs.  
 
Türkiye  does not plan to expand the list of countries exempt from the practise. However, we 
might expand the list of authorized customs offices in line with the status of customs 
administrations and the demands of importers and manufa cturers.  
 
Párrafo 3.10. "Türkiye  sigue supervisando los precios de importación de determinados productos y 
recopilando datos específicos sobre ellos en el marco de su mecanismo de vigilancia de las 
importaciones. En el marco del sistema, deben obtenerse certificados de vigilancia para la  
importación de determinados productos; para obtener este certificado, es preciso presentar datos 
y/o información adicionales. Como han indicado las autoridades, los datos recopilados durante este 
proceso de vigilancia se utilizan para evaluar las reclamac iones por daños de los productores 
nacionales que podrían llevar a Türkiye a iniciar una investigación en materia de salvaguardias o 
antidumping. La vigilancia también se utiliza para comprobar si existe elusión de medidas 
comerciales correctivas ya vigent es. En el caso de algunos productos, la vigilancia de las 
importaciones se aplica a productos por debajo de un determinado valor c.i.f. En el caso de otros 
productos, no se han establecido criterios relativos al precio. Según las autoridades, esto se 
deter mina sobre la base de las características del propio producto o del objetivo de la solicitud de 
vigilancia. En el caso de que la vigilancia se aplique a productos por debajo de determinado valor 
c.i.f., las autoridades han indicado que la medida tendrá un efecto mínimo en el resto del comercio. 
Sin embargo, se ha expresado preocupación por el hecho de que eso pueda dar lugar a 
sobrefacturación, puesto que los importadores pueden optar por declarar un valor en aduana por 
encima del umbral c.i.f. para evitar el trámite de obtener un certificado y de facilitar la información 
conexa. No se disponía de una lista de los productos actualmente sujetos a vigilancia de las 
importaciones. " 
 WT/TPR/M/439/Add.1  
 
- 53 - 
 
  2. ¿El certificado de vigilancia que es requerido para importar determinados produ ctos 
es obligatorio obtenerlo cuando el producto es originario de países con los cuales Türkiye  
tiene vigente acuerdos comerciales?  
 
Answer:  Surveillance mechanism is applied to a product irrespective of its source.  
 
3. ¿Se han podido cuantificar los beneficios de la implementación de esta herramienta 
de seguimiento y vigilancia?  
 
Answer:  Import surveillance system is based on the Council of Ministers Decision 
No. 2004/7304 published in the Turkish Official Gazette dated 29/05/2004 No.  25476 . The 
purpo se of import surveillance is to closely monitor imports and to collect specific data 
regarding products whose imports are sharply increasing. Data collected during surveillance 
is crucial for the evaluation of the domestic producers' claims on injury that might lead the 
Ministry to initiate an investigation of safeguard, anti -dumping or anti -circumvention. There 
is no specific assessment of the system as it is aiming  data collection only.  
 
4. ¿Qué productos están sujetos a vigilancia de sus importaciones?  
 
Answer:  All details of the surveillance applications of Türkiye  are published in the Official 
Gazette.  
 
3.1.1.2 Facilitación del comercio  
Párrafo 3.11. "Türkiye  ratificó el Acuerdo sobre Facilitación del Comercio (AFC) el 16 de marzo de 
2016; ha notificado todas las disposiciones del AFC designadas en la categoría A, lo que significa 
que está aplicando plenamente el Acuerdo. Sigue manteniendo un Programa de Opera dores 
Económicos Autorizados (OEA) para aumentar la seguridad y facilitar el comercio; a finales de 
septiembre, había 647 operadores económicos autorizados, cuyas importaciones y exportaciones 
equivalían aproximadamente a un 32,62% del valor del comercio t otal. El derecho a beneficiarse de 
la condición de OEA se describe en el anterior examen de Türkiye. El Reglamento de Facilitación de 
los Procedimientos Aduaneros, que regula el programa de OEA en Türkiye, se modificó varias veces 
durante el período objeto  de examen. Eso no dio lugar a modificaciones en los criterios de 
admisibilidad, la concesión de beneficios o los procedimientos de aplicación/evaluación relativos a 
los OEA. " 
 
5. Türkiye  ha establecido Acuerdos de Reconocimiento Mutuo (ARM) de los programas 
OEA con la Unión Europea y los Estados EFTA? De contar con estos Acuerdos ¿cuáles han 
sido los mayores beneficios identificados para los operadores?  
 
Answer:  The Mutual Recognition Agr eements (MRA) of AEO Programs with EU is still on 
negotiation process. In 2022, Türkiye and EU finished the legal assessment process, the IT 
teams came together to work on the exchange of data between EU and Türkiye and the joint 
validation visits were act ualized. The text negotiations are expected to begin soon.  
MRAs provide many benefits for operators regarding the scope of signed agreement. Both 
sides define the framework of the facilitations that will be provided through this agreement. 
Generally, MRAs  establish more secure and predictable supply chain and this provides 
competitive advantages for the operators for accessing foreign markets. The operators are 
subjected to fewer physical checks faster processing of goods at borders. This provides time 
and costs saving for operators.  
 
3.1.3 Aranceles  
3.1.3.1 Derechos NMF aplicados  
 
Párrafo 3.20. "El Arancel de Türkiye  se basa en la nomenclatura del SA 22. El Arancel de 2022, 
notificado a la OMC, comprende 11.581 líneas arancelarias al nivel de 10 dígitos. Como el Arancel 
de 2015 analizado en el momento del anterior examen de Türkiye se notificó al nivel de 12 dígitos 
y comprendía 16.515 líneas arancelarias, no se pueden hacer algunas comparaciones entre el 
Arancel de 2015 y el de 2022.20 Los seis primeros dígitos del Arancel de 2022 corresponden a la 
nomenclatura del SA, los dígitos 7° y 8° corresponden a la nomenclatur a combinada de la Unión 
Europea, y los dígitos 9º y 10º se utilizan para indicar las subpartidas creadas con fines impositivos. " 
 WT/TPR/M/439/Add.1  
 
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  6. Conforme a lo indicado en el informe, en 2015 la nomenclatura arancelaria de 
Türkiye era a 12 dígitos, el undécimo y el duodéc imo dígito se utilizaban a efectos de 
recopilación de datos. Podría Türkiye compartir información sobre con que fines estuvo 
implementando un arancel a 12 dígitos y que tipo de información era recopilada a través 
de la utilización de estos dos últimos dígi tos. 
 
Answer:  Türkiye's tariff is based on HS22 nomenclature and based on 12 digits. The first six 
digits of the tariff reflect the HS nomenclature, the 7th and 8th digits correspond to the 
combined nomenclature of the European  Union , the 9th and 10th digits are used to display 
taxation subheadings, the 11th and 12th digits are used for statistical data collection purposes 
with a more detail product classification.  
 
Párrafo 3.21. "Türkiye  aplica solamente tres tipos diferentes de derechos de importación: i) los 
derechos de aduana; ii) las obligaciones financieras adicionales (AFL); y iii) los derechos de aduana 
adicionales (ACD). El arancel NMF de Türkiye consiste en una combinación de est os diferentes tipos 
de derechos, lo que marca un cambio significativo con respecto a la situación existente en el 
momento del examen anterior de Türkiye, en que el arancel NMF aplicado se componía del derecho 
de aduana y un "elemento agrícola" aplicado a l os productos agropecuarios elaborados. En 
consecuencia, el promedio de los aranceles NMF aplicados por Türkiye es considerablemente más 
elevado en 2022 que en el momento de su anterior examen. También se ha observado que el 
régimen de importación de Türkiy e se caracteriza por unas variaciones arancelarias unilaterales 
relativamente frecuentes ". 
 
7. De acuerdo a lo informado por la Secretar ía en el párrafo 3.21 Türkiye presenta un 
arancel NMF combinado con tres tipos de derechos, lo que ha llevado a que este ar ancel 
haya subido sustancialmente en comparación al aplicado en su anterior examen. Podría 
Türkiye por favor informar, ¿cómo está examinando periódicamente sus derechos y cargas 
(en importaciones y exportaciones) con el fin de atender el compromiso del num eral 1.4 
del art. 6 del AFC que plantea como objetivo reducir el número y diversidad de derechos 
y cargas cuando sea factible?  
 
Answer:  Türkiye's MFN rate consists of CDs, ACDs and AFLs and all three kinds of duties are 
taxes that makes them only applicable for imported goods. Türkiye determines the tariff rates 
within the limits of its WTO bound rates by taking its WTO commitments into ac count.  
 
In this sense, Türkiye may increase the import duties in accordance with the market conditions 
and requests from domestic producers. In accordance with  WTO and FTA obligations, Türkiye 
is periodically reviewing its tariff base and in assessment process for amending tariffs, market 
parameters such as the evolution of imports, production -consumption balance etc. are taken 
into account.  
 
Párrafo 3.24. "Se aplican derechos de aduana adicionales (ACD) a las importaciones procedentes de 
todos los interlocutores comerciales, excepto la Unión Europea y determinados países con los que 
Türkiye tiene un ACR (a los que se aplica un ACD nulo).  Los ACD se establecen, modifican o suprimen 
por Decisión Presidencial y no forman parte de las decisiones anuales sobre el régimen de 
importación. Según las autoridades, la finalidad de estos derechos es defender los intereses de los 
productores nacionales frente a las importaci ones que causan daño a la rama de producción nacional. 
Los ACD se aplican a 3.206 líneas arancelarias (al nivel de 10 dígitos del SA), lo que representa el 
27,7% de todas las líneas arancelarias. Los tipos oscilan entre el 2% y el 30% (cuadro 3.2) ". 
 
8. De ac uerdo con el informe, en Türkiye los Derechos de Aduana Adicionales (ACD) a 
las importaciones se establecen, modifican o suprimen por Decisión Presidencial. ¿Podría 
Türkiye informar cual es el procedimiento (evaluación) que se debe surtir para establecer 
de un ACD?  ¿Se realiza un análisis del impacto de estas medidas en la producción nacional 
y la competencia?  
 
Answer:  All these measures are taken in accordance with the results of quantitative analysis 
conducted by the Ministry of Trade that employ a variet y of economic models, predictive 
schemes and forecasts. All stakeholders are well consulted to compute all possible social, 
economic and environmental costs that can occur as a result of the actions taken.  
 WT/TPR/M/439/Add.1  
 
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  3.1.6 Medidas antidumping, compensatorias y de salvaguardia  
En el informe de la Secretaría, se resalta lo siguiente:  
 
• En las declaraciones aduaneras, solicitan información adicional a la que normalmente se 
pediría, para que sirva como fuente de información en las investigaciones de defensa 
comercial.  
• En 2020 se crea la posibilidad de suspender o modificar los derechos antidumping, cuando el 
producto investigado está sujeto a medidas de salvaguardia. La aplicación de dichas medidas 
se hace de manera prospectiva.  
• Hay dos autoridades in vestigadoras: Una para las prácticas de dumping y subvenciones, otra 
para las prácticas de elusión. En todo caso, ambas hacen parte del Ministerio de Comercio.  
 
De acuerdo con lo anterior, nos surgen los siguientes interrogantes para transmitir a Türkiye  y 
solicitar sus aclaraciones:  
 
9. ¿Cuál es el procedimiento aplicado para determinar si se suspenden o modifican los 
derechos antidumping cuando el producto es sujet o a una medida de salvaguardia? ¿Cuál 
es la metodología aplicada en caso de modificación los derechos antidumping, cuando el 
producto es sujeto a una medida de salvaguardia?  
 
Answer:  According to the Article  9.3 of the Decree on the Prevention of Unfair Competition 
in Imports which was published in the Official Gazette dated 22/10/2020 and entered into 
force, the anti -dumping and countervailing duty measures in force on the import of a product 
for which a safeguard measure is applied in accordance with the Legislation on Safeguard 
Measures in Imports may partially or wholly be suspended or form of measures may be 
amended, for a time limited to the period during which safeguard measure remains in force, 
by a decision of the Board and approval of the Ministry. Decisions to be taken under this 
provision should be applicable prospectively from the date of their entry into force and refund 
of amounts collected prior to that date should not be requested.  
 
With this new rule, it is possible to suspend the i mposition of anti -dumping and countervailing 
duty measures while a safeguard measure is in force for the same product.  
Assuming that a safeguard measure (15% of CIF value) was put in place while an 
anti-dumping measure (25% of CIF value) was in place for o ne product originated in Utopia, 
in order to prevent duplication, 15% part of the anti -dumping measure may be suspended. 
And the anti -dumping measure for the product originated in Utopia will be 10 % as long as the 
safeguard measure remains in force.  
 
If the safeguard measure and the anti -dumping measure for Utopia were at the same level, 
the anti -dumping measure would be suspended wholly for Utopia throughout the duration of 
the safeguard measure.  
 
10. ¿Qué tipo de información adicional solicitan en las declar aciones aduaneras que han 
servido para las investigaciones de dumping, subvenciones y salvaguardias? ¿Qué 
diferencia esta información con la que suministran las partes interesadas en sus 
argumentos o respuestas a cuestionarios o requerimientos de la Autori dad Investigadora? 
¿La información adicional de las declaraciones es tratada como una fuente de información 
primaria o acuden a ella como la mejor información disponible?  
 
Answer:  No further information is requested to be declared additionally after initia tion of an 
investigation. In questionnaires shared with the related parties, Turkish Investigating 
Authority demands more detailed data than the customs declarations include. In general, the 
data provided by the companies and the statistics obtained from the customs declarations are 
fully compatible with each other. However, in cases where inconsistencies are detected, the 
Investigating Authority asks the companies to provide supportive documents regarding the 
discrepancies. Consequently, the  primary address for the source of information is the data 
provided by the company itself during an investigation.  
 WT/TPR/M/439/Add.1  
 
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  3.3.4 Política de competencia y controles de precios  
3.3.4.1 Controles de precios  
Párrafo 3.133. "Como se indicó en el anterior examen de Tü rkiye, se aplican controles de precios a 
la electricidad, el gas natural, las telecomunicaciones y los productos farmacéuticos.  
 
• … El Ministerio de Sanidad utiliza un sistema de precios de referencia para determinar los precios 
al por mayor y al por menor de los productos farmacéuticos en virtud de la Decisión sobre la 
Fijación de Precios de los Medicamentos para Uso Humano de 2017.  Los precios de los productos 
farmacéuticos se determinan utilizando como referencia los precios franco fábrica más bajos 
(precio de venta al almacén/precio de venta del fabricante) en algunos Estados miembros de la 
UE. Se trata de precios fijados en euros ; la conversión a liras turcas se determina aplicando un 
tipo de cambio establecido, que se actualiza una vez al año de conformidad con la Decisión. Sin 
embargo, cuando las empresas experimentan problemas de sostenibilidad debido al precio de los 
productos  farmacéuticos, pueden solicitar un aumento de los precios a la Comisión de Evaluación 
de Precios para que los precios sean sostenibles. Los controles de precios de los productos de 
sangre se evalúan cada dos semanas.  
• En 2021 se estableció un Comité de Es tabilidad de Precios para mantener la estabilidad de los 
precios internos y, entre otras cosas, aplicar controles de precios (sección 1.2.1) ".  
 
11. Podría Türkiye compartir información sobre cómo hacen frente al fenómeno de la 
efectividad de los nuevos medica mentos que entran al mercado referente al precio, es 
decir, estos pueden ser fijados en base a su efectividad real y no publicitarios o en base 
al precio fijado por los países de referencia en la UE en cuyo caso pueden ser más altos.  
 
Answer:  Türkiye, to determine wholesale and retail prices of pharmaceutical products uses a 
reference pricing system. This applies to new medicines which are entering the market. 
Reimbursement policies and internal reference pricing system ensure that the balance in 
market prices is maintained. In reimbursement processes, the effectiveness of medicines, 
scientific publications and value -based systems are taken into account in determining prices.  
 
3.3.7 Derechos de propiedad intelectual  
3.3.7.1 Marco jurídico e inst itucional  
Párrafo 3.179. "Con respecto a los productos tradicionales, mediante una disposición se introdujo la 
protección de la "especialidad tradicional garantizada" para los nombres de productos tradicionales 
que no pueden considerarse denominaciones de origen pero para los que se demuestre que se han 
utilizado tradicionalmente en el mercado pertinente. El período de registro de las indicaciones 
geográficas se ha reducido, al acortarse de seis a tres meses el período de publicación que está 
abierto a la f ormulación de objeciones por terceros; además, se concede al solicitante un derecho 
de oposición contra las decisiones de la Oficina Turca de Patentes y Marcas de Fábrica o de 
Comercio. " 
 
12. Frente a la disposición introducida para la protección de la "especi alidad tradicional 
garantizada", agradecemos si pueden brindar mayor información sobre esta 
reglamentación   
 
Answer:  In Article  34-(3) of the Industrial Property Law No.  6769, the Traditional Product 
Name is defined as follows.  
Names that are not considered as appellation of origin or designation of origin but are proven 
to have been traditionally used in the relevant market for at least thirty years to describe the 
product and fulfil at least one of the following conditions, shall be identified as  traditional 
speciality guaranteed:  
a) Originating from traditional method of production or processing or traditional composition.  
b) Produced with traditional raw material or ingredients.  
Therefore, applications must meet the conditions set forth in the above provision.  
Documents such as invoices, advertising and promotional materials and media news can be 
submitted to prove that the name in question has been used in the relevant market for at 
least 30 years.  
The application and registration procedure s for traditional speciality guaranteed are the same 
as for geographical indications. However, while the use of the official emblem is mandatory 
for geographical indications, the use of the official emblem is optional for traditional speciality 
guaranteed.  
For more information, https://www.turkpatent.gov.tr/en/laws -and-regulations   WT/TPR/M/439/Add.1  
 
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  Párrafo 3.184. "El Código de la Propiedad Industrial de Türkiye contiene disposiciones sobre las 
licencias obligatorias y regula el procedimiento de solicitud y la aplicación de esas licencias. La 
solicitud de licencia obligatoria se realiza ante un tribunal, que inicia u n procedimiento en relación 
con dicha solicitud si se cumplen las condiciones establecidas en el artículo 129; o ante la Autoridad 
de Defensa de la Competencia. Por motivos de interés público (por ejemplo, relacionados con la 
salud pública y/o la seguridad  nacional), el Presidente de la República podrá decidir la concesión de 
licencias obligatorias. A octubre de 2022, se había concedido una única licencia obligatoria en 1998, 
con arreglo a la legislación anterior. " 
 
13. Agradeceríamos si nos pudiesen ampliar la  información respecto al procedimiento 
de solicitud de licencias obligatorias, en el sentido de brindar mayores detalles sobre 
puntos como: Quienes están legitimados para iniciar el procedimiento?; es un 
procedimiento judicial o administrativo?; Oportunida des de los titulares de los DPI para 
ejercer el derecho de contradicción y de defensa?; si existen termino perentorio para 
tomar una decisión final respecto a la solicitud de licencia obligatoria; Existencia y 
Mecanismos de tasación de compensación a los t itulares de los DPI objeto de la licencia 
obligatoria; Mecanismo para establecer el termino de duración de la licencia obligatoria.  
 
Answer:  The opportunity for medicines to benefit from patent protection has entered our 
country with the Agreement on Trade -Related Aspects of Intellectual Property Rights (TRIPS) 
and is regulated in detail in Article  129 and following articles of the Industrial Property Law 
No. 6769. 
Third party is authorized to request the compulsory license from the court under article 129.  
In other words, third party can initiate the CL procedure. Third party needs to provide evidence 
to prove the conditions of article 129 is met. Patentee can submit her/his own counter 
arguments and evidences. The decision is taken by the court.  
In the jud gement of court, the scope, fee and duration of the license, guarantee supplied by 
the licensee, beginning of time for use and measures providing serious and effective use of 
patent shall be specified.  
Issuance  of a compulsory licence under article 129 is generally a judicial procedure with one 
exception.  
 
● If patentee carries out activities distorting, hindering or limiting the competition while 
patent is used, then competition authority is authorized to grant compulsory license.  
Decisions of courts are open to further judicial review in appeal mechanisms.  
IPR holder can submit her/his counter arguments to court and present evidence. IPR holder 
has the possibility to take further judicial remedy. Compensa tion is assessed by the court.  
On the other hand, article 132 of the Code regulates "Compulsory license arising from the 
public interest" as an administrative procedure.  
If use of the invention forming the subject of patent, increase of its use, disseminat ion of it in 
general, improvement of it for a beneficial use have a great importance by the reason of public 
health or national security issues or if non -use of the invention forming the subject of patent 
or its insufficient usage in terms of either qualit y or quantity shall cause serious damages in 
terms of the economic or technological development of the country, it shall be decided by the 
President that a compulsory license for the public interest is given, or there is public interest 
if invention is mad e conditionally the subject of compulsory license in the event that effective 
use of invention to satisfy the public interest can be realized by the patent owner.  
 
4 4 POLÍTICAS COMERCIALES, POR SECTORES  
4.1 Agricultura  
4.1.4 Marco institucional y jurídico  
 
Párrafo 4.11. "Durante 2016 -2021, Türkiye siguió manteniendo juntas de comercialización de 
productos agropecuarios, tales como la Junta de Cereales de Türkiye (TGB) y la Junta de la Carne y 
la Leche, que son entidades de propiedad estatal. La Junta de Ce reales de Türkiye, dependiente del 
Ministerio de Agricultura y Silvicultura, continúa desempeñando su labor de estabilizar los mercados 
de cereales, gestionar el monopolio estatal sobre el opio y los estupefacientes, mantener reservas 
para casos de emergen cia y ejercer otras facultades que le asigne el Presidente. Durante el período 
examinado, los precios de los cereales experimentaron variaciones y, según la información facilitada 
por las autoridades, en 2021, la Junta de Cereales de Türkiye anunció increm entos de los precios 
del trigo y la cebada. Al fijar los precios de compra se tuvo en cuenta la coyuntura de los mercados 
interno y extranjeros. " WT/TPR/M/439/Add.1  
 
- 58 - 
 
   
14. Colombia agradece al Gobierno de Türkiye  brindar información adicional sobre la 
operatividad de las juntas de comercialización: la cantidad de juntas, para los productos 
que operan, la fijación de precios, su funcionamiento en general y cualquier detalle que 
se estime relevante al respecto.    
 
Answer:  As stated in the report, Turkish Grain Board and Meat and Milk Board act according 
to the principles of profitability and efficiency in market conditions.  
 
4.1.5 Política agrícola  
Párrafo 4.15. "Durante el período objeto de examen continuó el proceso de armonización con la 
legislación de la UE, en particular con respecto a la agricultura orgánica, la pesca, el Código, los 
piensos/alimentos, la preservación de los vegetales y la protección de los animales, los residuos de 
plaguicidas, la clasifi cación de los animales, la certificación de importación de los productos de origen 
animal y las actividades legislativas. Además, las autoridades señalaron que estaba previsto aplicar 
actividades destinadas a seguir reforzando la coherencia con la Unión Eu ropea -como la Red de 
Información Contable Agrícola, el Sistema Integrado de Gestión y Control, el Sistema de 
Identificación de las Parcelas Agrícolas y el Sistema de Información Ganadera -, pero que se habían 
retrasado debido a la COVID -19. Asimismo, en el  marco de los programas del Instrumento de 
preadhesión en favor del Desarrollo Rural, se han desarrollado en zonas rurales nuevas actividades 
económicas que se ajustan a la normativa de la UE, como el cultivo y elaboración de plantas 
medicinales y aromátic as, la apicultura, la artesanía, la acuicultura y el turismo rural. " 
 
15. Colombia agradece al Gobierno de Türkiye  brindar mayor información respecto al 
proceso de armonización con la legislación de la UE, referido en este Parágrafo, 
relacionando en la medida de lo posible, los avances alcanzados en dicha armonización, 
así como lo relacionado con la financiación del p roceso de armonización – particularmente 
en cuanto al hecho de que se haya recibido apoyo de cooperantes internacionales (Estados 
de la UE principalmente) en el proceso en mención.  
 
Answer:  The harmonization process includes Turkish alignment to acquis co mmunautaire set 
out bilaterally between Türkiye and the EU.  
 
INFORME DE GOBIERNO - DOCUMENTO WT/TPR/G/439  
5 OBJETIVOS FUTUROS DE POLÍTICA ECONÓMICA Y COMERCIAL  
Párrafo 5.3. "Además, Türkiye  se está centrando ahora en impulsar su comercio con países lejanos, 
así como en tratar de eliminar todos los obstáculos a los que se enfrentan sus operadores económicos 
en esos mercados. A fin de cumplir este objetivo, Türkiye ha aplicado el documento rec tor de 
estrategia, a saber, la Estrategia para Países Lejanos. Gracias a esta Estrategia, además de obtener 
otros beneficios resultantes del fortalecimiento de la cooperación económica y comercial de los 
círculos empresariales de Türkiye con sus homólogos de países lejanos, la distancia media de las 
exportaciones turcas aumentará de los 3.065  km actuales a una media mundial de 4.744  km, y la 
cuota de mercado de las exportaciones turcas se ampliará hasta el 1%, como mínimo, que es la 
parte de Türkiye en las exportaciones mundiales ".  
 
16. ¿cuáles son los elementos fundamentales del programa Estrategia para países 
Lejanos?  
 
Answer:  With the Strategy of Far Countries, Türkiye aims to reveal the potential of 
commercial and economic cooperation and partnerships with far countries and to ensure 
sustainability in trade flows, to diversify its trade markets and to better integrate into glo bal 
value chains as well as to increase the awareness between business communities.  
 
About two -thirds of Türkiye's total exports is to the countries that are relatively close to 
Türkiye; and average export distance remains below the world's mean. The cont inuation of 
the current upward momentum in our exports is now focusing on increasing the range of 
exporters from neighbouring  to faraway countries. In this respect, one of the objectives of the 
Strategy is also to increase the average distance of Türkiye's  exports, which is 3 ,065 km, to 
the world average at 4 ,744 km.  
 
To reach this target, "Far Countries Strategy", with macroeconomic analyses conducted for 
18 distant countries individually selected on the basis of a number of criteria and specifically WT/TPR/M/439/Add.1  
 
- 59 - 
 
  designed action plans both in terms of trade in goods and services have been released in 
2022.  
 
The selected countries are at a distance of more than 2 ,500 km to  Türkiye, having more than 
USD 60 billion imports from all over the world and countries that have a share of 1 % for 
Türkiye in their imports.  
 
On this basis, 18 selected countries are; Australia, Brazil, Canada, China, Chile, India, 
Indonesia, Japan, Mala ysia, Mexico, Nigeria, Pakistan, Philippines, Republic  of Korea , 
Thailand, Viet  Nam, South  Africa  and U nited States . 
 
The action plans include following activities for each 18 countries;  
- Preparing country -based market access guides,  
- Increasing effectiveness of the functioning of business councils in those countries,  
- Organization of B2B matchmaking activities,  
- Networking activities to ensure easy doing business,  
- Intensifying promotional activities, especially advertising activities in the written  and 
visual media through TV series, films and digital games,  
- Improving the cooperation areas in e -commerce,  
- Awareness increasing activities to promote "made -in-Türkiye" brand for Turkish goods 
and services,  
- Promoting www.askturkiye.com  website for those countries,  
- Intensifying sectoral trade fairs.  
 
Strategy report is available only in Turkish accessible at the following website 
https://ticaret.gov.tr/ihracat/uzak -ulkeler -stratejisi .  
 
Párrafo 5.4. "Por último, aunque no por ello menos importante, la liberalización del comercio en 
todos los frentes, y las nuevas oportunidades comerciales que se derivarán de ese proceso, 
permitirán a Türkiye avanzar hacia el logro de los objetivos de su Visión 2023. A este respecto, a 
raíz de la pandemia de COVID -19, Türkiye observó las necesidades de los fabricantes y los 
exportadores, e introdujo soluciones de alta tecnología para ayudarles a encontrar mercados 
alternativos. Por ejemplo, la Plataforma Exportación Fáci l, es un sistema basado en la inteligencia 
artificial que ofrece a los posibles exportadores hasta 15 recomendaciones. Este sistema toma en 
consideración elementos como los derechos de aduana, las medidas no arancelarias y las normas 
de origen; utiliza los  datos y la información de 16 bases de datos diferentes, y ofrece gratuitamente 
a los ciudadanos y las empresas turcas recomendaciones sobre mercados y productos formuladas a 
medida ".  
 
17. Agradecemos a Türkiye  compartir información sobre los aprendizajes y resultados 
de la implementación de la Plataforma Exportación Fácil y las medidas de Aduana Digital 
para la Exportación, así como el impacto que estas plataformas han tenido en el comercio 
internacional del pa ís. 
 
Answer:  There is no evaluation report on the implementation of these two platforms .  
  WT/TPR/M/439/Add.1  
 
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  DOMINICAN REPUBLIC  
Examen de Política Comercial de Türkiye, Documento WT/TPR/S/439  
Informe de la Secretaría  
Página No.  58 
 
3.49. La importación de mercancías a crédito sigue estando sujeta a un recargo del Fondo de Ayuda 
para el Aprovechamiento de Recursos, que se aplica a un tipo del 6% sobre las transacciones de 
importación a crédito con plazos de vencimiento. Desde 2015, se aplica un tipo del 0% a  
determinadas mercancías importadas que figuran en una lista.45 El recargo no se impone a las 
transacciones de importación pagadas en efectivo.  
 
1. ¿Cuáles son los productos a los que se les aplica un tipo de 0%?  
 
Answer:  Resource Utilization Support Fund (RUSF) is not applied for the goods the import 
cost of which are paid in advance. It is applicable for the import of the goods the cost of which 
is paid on credit.  
The products for which RUSF is applied as "0" (zero) per cent from the goods imported on 
credit can be accessed from the following Internet addresses of our Presidency. 
"https://www.gib.gov.tr/fileadmin/mevzuatek/kkdf_mevzuat/1004 2015.pdf ", 
"https://www.gib.gov.tr/kkdf -mevzuat "  
These goods can be summari zed as follows;  
- petroleum, (including petroleum products),  
- fertilizer, fertili zer raw material,  
- wheat and barley,  
- books,  
- electricity,  
- unprocessed precious metals and  
- intermediate goods and investment goods (annexed list)  
 
Página No.  76 
3.68. Al igual que en el anterior examen de Türkiye, los  exportadores (personas físicas y jurídicas) 
deben pasar a ser miembros de una asociación de exportadores para poder realizar transacciones 
de exportación. La asociación de exportadores pertinente debe preparar y aprobar las declaraciones 
de exportación an tes de presentarlas a las autoridades aduaneras. Como han indicado las 
autoridades, la finalidad de este procedimiento es ayudar a orientar a los exportadores en sus 
transacciones de exportación y facilitar y aumentar las exportaciones mediante una coopera ción 
sostenida. Se exige el registro de las exportaciones de determinadas mercancías a efectos de 
vigilancia (recuadro 3.1); las declaraciones de aduana de estas mercancías son registradas por la 
Secretaría General de la asociación de exportadores pertinen te. Durante el período objeto de examen 
se amplió considerablemente el número de las mercancías sujetas.  
 
2. ¿Requieren las Asociaciones de Exportadores algún pago al exportador para ser 
miembro y para la preparación y aprobación de las declaraciones de exportación? en caso 
de ser una respuesta afirmativa ¿Son estas Asociaciones Organizaciones sin fines de 
lucro?  
 
Answer:  By Law No.  5910 exporters' associations are organizations which potential exporters 
must be member of. In that context, exporters are expected to become a member of the 
relevant associations and are charged with a membership fee.  
 
Página No.  78 
3.74. Además, en los últi mos años, tanto el Ministerio de Agricultura y Silvicultura (mediante una 
autorización temporal para reglamentar la exportación de determinados productos agropecuarios 
con fines de seguridad alimentaria) como el Ministerio de Comercio han impuesto prohibic iones de 
la exportación de determinados productos, en gran medida para estabilizar los precios nacionales 
de los productos agropecuarios. Estas prohibiciones incluyen:  
 
• Una prohibición de las exportaciones de mantequilla introducida en abril de 2022 por el Ministerio 
de Agricultura y Silvicultura. Posteriormente, entre junio y septiembre, se introdujo un permiso 
de exportación temporal sin limitaciones en cuanto al volume n de exportaciones o a los 
exportadores autorizados.  WT/TPR/M/439/Add.1  
 
- 61 - 
 
  • Una suspensión cautelar introducida por el Ministerio de Comercio en marzo de 2022, a petición 
del Ministerio de Agricultura y Silvicultura, con respecto a la exportación de cereales, semillas 
oleaginos as, aceites de cocina y otros productos básicos agropecuarios importados retenidos en 
depósitos de aduanas; esta suspensión se suprimió poco después de su imposición.  
• Una prohibición temporal de las exportaciones de aceite de oliva, judías y lentejas desd e el 26 
de febrero de 2022 hasta finales de 2022 impuesta por el Ministerio de Agricultura y Silvicultura. 
Las restricciones a la exportación de aceite de oliva se suprimieron el 7 de julio de 2022.72  
• El Ministerio de Agricultura y Silvicultura impuso una  prohibición temporal de las exportaciones 
de aceite de soja, aceite de girasol, grasas y aceites vegetales, y margarina, vigente entre el 9 
de marzo y finales de 2022. Las restricciones al aceite de soja, las grasas y los aceites vegetales, 
y la margarina  se suprimieron el 29 de agosto de 2022.73  
• Una prohibición temporal del aceite de oliva a granel impuesta por el Ministerio de Agricultura y 
Silvicultura el 11 de marzo de 2021. La prohibición se suprimió el 27 de julio de 2021.  
• Una prohibición de determinados productos forrajeros impuesta por el Ministerio de Agricultura 
y Silvicultura (para el heno el 23 de mayo de 2021 y para la alfalfa el 26 de agosto de 2020). Se 
aplica mediante la no emisión de licencias de exportación duran te un período indefinido; aunque 
en teoría las licencias pueden expedirse periódicamente.74  
• Una prohibición de las exportaciones de harina de trigo de grano de producción nacional impuesta 
por el Ministerio de Comercio en septiembre de 2018. El objetivo e ra garantizar la estabilidad en 
los precios nacionales de la harina, proteger a los consumidores turcos e impedir la especulación; 
estaba previsto que fuera una medida temporal.75 Según las autoridades, en 2018 se aplicó un 
contingente durante un breve per íodo.  
 
3. ¿Son estas medidas compatibles con los Acuerdos abarcados de la OMC?  
 
Answer:  Türkiye, like many other countries, has been taking measures within the framework 
of Article  XI of the GATT Agreement as a result of the conditions that have emerged with the 
pandemic and especially due to climate change and drought in recent years.  
 
4. ¿En virtud de que marco legal la Türkiye regula la estabilización de precios?  
 
Answer:  CBRT is tasked to maintain price stability.  
 
5. ¿Notifica Türkiye  a la OMC de manera previa y cumpliendo con el principio de 
previsibilidad sus medidas restrictivas a la exportación?  
 
Answer:  Due to the COVID pandemic, necessary measures have been taken in accordance 
with Article  XI of the GATT, however, no advance notification could be made in this context.  
 
Página No.  80 
3.79. El Ministerio de Comercio sigue ofreciendo servicios para ayudar a los exportadores. Entre las 
nuevas iniciativas adoptadas durante el período objeto de examen se incluyen la puesta e n marcha 
de la "Plataforma Exportación Fácil", que informa a los exportadores sobre las oportunidades de 
mercado y los procesos de exportación y otros servicios84, y la creación de incentivos con arreglo a 
la Decisión Presidencial N º 5986 sobre Ayuda a la Exportaci ón Electr ónica, en particular para la 
promoci ón en el mercado de empresa a consumidor y los servicios log ísticos.85 Además, el Ministerio 
está creando la Plataforma de Exportación Electrónica de Türkiye, que ayudará a los exportadores 
existentes a  integrarse en el entorno digital y contribuirá a facilitar el acceso de los importadores 
extranjeros a los exportadores turcos.86  
 
6. ¿Cuál ha sido el impacto económico con la implementación de la plataforma 
"Exportación Fácil "? y ¿Que facilidades brinda la herramienta oportunidades de mercado 
a los exportadores?  
 
Answer:  At the 'Easy Export Platform' (www.kolayihracat.gov.tr), which became operational 
on 28  August  2020, all the information which might be required during the export process is WT/TPR/M/439/Add.1  
 
- 62 - 
 
  provided to our exporters and entrepreneurs. It is a continuously updated digital platform 
developed with the aim of providing exporters with a decision support mechanism for ente ring 
foreign markets. The platform integrates data from different government entities, alongside 
various databases, systems, and paid data sources. Information obtained through traditional 
methods, existing regulations, and specific product -market combinat ions are presented to 
users through various modules. Additionally, the "Market Entry Roadmap" module is designed 
to provide exporters with the necessary information for market entry decisions in a specific 
product and target market.  
 
Through the integratio n of diverse data sources into the platform and the utilization of machine 
learning algorithms for analytical modelling, the "Smart Export Robot" module has been 
created. This module, considering global trade statistics and Türkiye's export ecosystem, 
allows exporters to find answers to a wide range of questions related to market access.  
 
Users of this Platform can access detailed information which must be accounted for concerning 
all the products and countries they are willing to export. This platform ensu res accessibility of 
information about issues regarding the foreign trade of related countries to its users. 
Furthermore, the platform explains export processes with a training module and a "step -by-
step export guide" in a simplified manner.  
 
Página No.  129 
4.21. Con respecto a los contingentes autónomos, entre 2016 y 2022, el Consejo de Ministros aprobó 
varios contingentes arancelarios para productos agropecuarios, a saber: productos agrícolas básicos, 
carne de animales de la especie bovina, animales vi vos de la especie bovina y animales vivos de las 
especies ovina o caprina. En este contexto, los contingentes arancelarios para los productos agrícolas 
básicos se redistribuyen cada año, pero los correspondientes a los animales vivos y la carne ya no 
están  en vigor. Estos contingentes se establecieron principalmente para las juntas de 
comercialización con el objetivo de atender las insuficiencias del mercado interno. Además, Türkiye 
ha publicado una nueva decisión sobre un contingente arancelario de 400.000  toneladas para el 
azúcar, que finalizó el 15 de octubre de 2022.  
 
7. ¿Cuál fue la tasa de utilización para el contingente autónomo de azúcar en el año 
2022?  
 
Answer:  In 2022, within the scope of the 400,000 -ton autonomous tariff rate quota for sugar 
imports, Ministry of Trade issued import licenses for the entire quota. On the other hand, the 
final decision regarding the utilization of quotas is the responsibility of the applicant, and in 
that respect the Ministry does not monitor the utilization of t hese quotas.  
 
Página No.  129 
Cuadro 4.6 Contingentes arancelarios autónomos, 2016 -2022  
Producto/Código 
del SA Volumen 
(toneladas)  Fecha de 
finalización  Tipo 
(%) Procedimientos  Referencia  
Carne de animales de 
la especie bovina  
02.01  15.000  31.12.2016  0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Economía  Decisión No 2016/8595, 
de abril de  2016 
Animales vivos de la 
especie bovina  
0102.29  500.000  31.12.2017  0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Economía  Decisión Nº  2016/9664, 
de diciembre de  2016 
Cebada  
10.03  100.000  31.5.2017  0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Economía  Decisión No 2017/9954, 
de marzo de  2017 
Maíz 
10.05  500.000  31.12.2017  0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Economía  Decisión Nº  2017/10101, 
de 1 de mayo de 2017 
Animales vivos de la 
especie bovina  
01.02  500.000 
(unidades)  31.12.2018  0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Economía  Decisión No 2017/10604, 
de agosto de  2017 
Animales vivos de las 
especies ovina o 
caprina  
01.04  475.000 
(unidades)  31.12.2018  0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Economía  Decisión No 2018/11418, 
de marzo de  2018 
Trigo 
10.01  750.000  31.5.2019  0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Comercio  Decisión No 2018/23, de 
agosto de  2018 WT/TPR/M/439/Add.1  
 
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  Producto/Código 
del SA Volumen 
(toneladas)  Fecha de 
finalización  Tipo 
(%) Procedimientos  Referencia  
Cebada  
10.03  700.000  31.5.2019  0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Comercio  Decisión No 2018/23, de 
agosto de  2018 
Maíz 
10.05  700.000  31.7.2019  0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Comercio  Decisión No 2018/23, de 
agosto de  2018 
Arroz  
10.06  100.000  31.8.2019  0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Comercio  Decisión No 2018/23, de 
agosto de  2018 
Semillas de girasol  
1206.00.91.00.19  
1206.00.99.00.19  300.000  30.6.2019  0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Comercio  Decisión Nº  2018/497, 
de diciembre de  2018 
Carne de animales de 
la especie bovina  
0201.20.20.00.00  20.000  31.12.2019  0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Comercio  Decisión Nº  2018/518, 
de diciembre de  2018 
Carne de animales de 
la especie bovina  
02.01  75.000  31.12.2019  0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Comercio  Decisión Nº  2018/518, 
de diciembre de  2018 
Productos en conserva  
2002.90.11.00.00  
2002.90.31.00.00  
2002.90.91.00.00  25.000  31.5.019  0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Comercio  Decisión Nº  2018/650, 
de enero de  2019 
Azúcar  
17.01  400.000  15.10.2022  0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Comercio  Decisión No 2022/5615, 
de mayo de  2022 
Hortalizas de vaina 
secas  
07.13  100.000  1/1-31/12  
Cada año 
civil 0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Comercio  Decisión Nº  2018/649, 
de enero de  2019 
Trigo 
10.01  1.500.000  1/1-31/12  
Cada año 
civil 0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Comercio  Decisión Nº  2018/649, 
de enero de  2019 
Cebada  
10.03  700.000  1/1-31/12  
Cada año 
civil 0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Comercio  Decisión Nº  2018/649, 
de enero de  2019 
Maíz 
10.05  700.000  1/1-31/12  
Cada año 
civil 0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Comercio  Decisión Nº  2018/649, 
de enero de  2019 
Arroz  
10.06  100.000  1/1-31/12  
Cada año 
civil 0 Con sujeción a la expedición de 
una licencia de importación por el 
Ministerio de Comercio  Decisión Nº  2018/649, 
de enero de 2019 
 
8. ¿Cuál fue la tasa de utilización para el contingente autónomo de azúcar en el año 
2022?  
 
Answer:  In 2022, within the scope of the tariff rate quota for rice the Ministry of Trade issued 
import licenses for the requested amount. On the other hand, the final decision regarding the 
utilization of quota is the responsibility of the applicant, and in that respect the Ministry does 
not monitor the utilization of it.  
 
  WT/TPR/M/439/Add.1  
 
- 64 - 
 
  DOMINICAN  REPUBLIC – ADDITIONAL QUESTIONS  
PREGUNTAS  
Página No.  19  
1.10. En 2021, la tasa de crecimiento del PIB real de Türkiye fue la más alta entre los países del 
G20, impulsada por el el evado gasto de los consumidores, un gran mercado interno y la fortaleza 
de las exportaciones. De hecho, las exportaciones de mercancías alcanzaron un máximo sin 
precedentes en 2021, gracias a la demanda externa, en particular de la Federación de Rusia y de  
Asia, ya que Türkiye se benefició de las perturbaciones de las cadenas de suministro registradas en 
otras partes del mundo y de su fuerte capacidad de exportación (sección 1.3.1). Como resultado del 
tirón de la actividad económica, la tasa de desempleo di sminuyó en 2021 y se prevé que descienda 
aún más y se sitúe en el 11% en 2022. El FMI estima el crecimiento real del PIB en el 5,0% para 
2022 y el 3,5% para 2023.21  
 
1. ¿Cuáles fueron los productos de mayor crecimiento en las exportaciones de mercancía 
de Türkiye al mundo en el periodo 2019 - 2021?  
 
Answer:  
 
Code  Product Label  2019  
(Thousand USD) 2021  
(Thousand USD) Growth  
14 Vegetable plaiting materials; 
vegetable products not 
elsewhere specified or included  13,239 33,305 152%  
80 Tin and articles thereof  7,060 15,305 117%  
15 Animal, vegetable or microbial 
fats and oils and their cleavage 
products; prepared edible fats; 
… 1.009.156  2.080.815  106%  
13 Lac; gums, resins and other 
vegetable saps and extracts  19,122 36,850 93% 
50 Silk 3,157 5,924 88% 
TOTAL  All products  180,870,841 225,264,314 25% 
Source: Trademap (ITC)  
 
In the period 2019 -2021, exports reached a record high in 2021, which was benefited from 
supply chain facilities throughout the year of 2021. Türkiye 's exports during the period of 
2019-2021 increased by 25% to USD 225.2 billion. The top five fastest export growing items 
are shown in the table.  
 
2.3.2 Acuerdos comerciales regionales y preferenciales  
2.3.2.1 Acuerdos comerciales regionales  
2.3.2.1.1 Evolución de los ACR en el período exami nado (pág. 37)  
 
"2.22. En 2016, la Comisión Europea propuso modernizar la Unión Aduanera UE -Türkiye  para incluir 
en las relaciones comerciales bilaterales los servicios, la contratación pública y el desarrollo 
sostenible. No obstante, el Consejo Europeo aún no ha adoptado el mandato a ese respecto. Türkiye 
es candidata a la adhesión a la Unión Europea d esde 1999; sin embargo, las negociaciones de 
adhesión están paralizadas desde 2018. En 2021, Türkiye y la Comisión Europea firmaron acuerdos 
por los que se concedía a Türkiye la condición de asociado en tres programas para el período 2021 -
2027, a saber, el  Programa Marco de Investigación e Innovación de la Unión Europea (Programa 
Horizonte Europa); el programa de la UE para la educación y la formación, la juventud y el deporte 
(ERASMUS +) y el Cuerpo de Solidaridad."  
 
2. ¿Qué aspectos han identificado para retomar las negociaciones para su incorporación 
a la Unión Europea?  WT/TPR/M/439/Add.1  
 
- 65 - 
 
   
Answer: Through modernizing the current state of the Customs Union Türkiye expects;  
 
a) to effectively address the structural flaws of the Customs Union,  
b) to address the FTA divergence between the parties,  
c) to facilitate Türkiye 's participation to the decision -shaping mechanisms of the 
Customs Union,  
d) to enhance the bilateral concessions in trade in agriculture,  
e) to extend preferential trade to new areas, such as services, and e -commerce,  
f) to eliminate barriers due to bilateral and transit road quotas,  
g) to establish an effective dispute -resolution mechanism,  
h) to establish close cooperation between parties with regard to implementation of 
their respectiv e green and digital transformation.  
 
In that regard, the modernization of the Customs Union will pave the way for greater economic 
commercial integration between the EU and Türkiye.   
 
3. ¿En qué manera han identificado que pertenecer a la Unión Europea poten ciará sus 
niveles de comercio y relaciones comerciales con demás países?  
 
Answer:  The Customs Union established between Türkiye and the Customs Union in 1995, 
provided a framework of economic integration between the parties. The progressive alignment 
of its regulations with the EU acquis , enable Türkiye to produce industrial goods in global 
standards. This in return, has played an important role in enhancing Türkiye 's participation in 
the regional and global supply chains.  
 
Modernization of the Customs Un ion would have certain impacts on Türkiye 's economic and 
commercial relations with the other counters in a number of ways.  
First of all, the FTA divergence between the parties is planned to be addressed through 
modernization of the Customs Union. In that v ein, we expect that a mechanism which facilitate 
Türkiye 's conclusion of parallel FTAs with the EU would be established under the modernized 
Customs Union. This logically means the greater economic integration between Türkiye and 
those countries which have  preferential trade agreements.  
 
Secondly, in the absence of the risk of trade diversion as well as participation of Tü rkiye into 
decision -shaping mechanism of the EU, Türkiye would be in a more suitable position to align 
its trade policies with that of the European  Union . In that context, further liberalization of 
Türkiye 's trade policies would scale up trade with other countries.  
Additionally, considering the trade -related impact of the green and digital transformation, the 
greater cooperation between Türkiye and the EU would have important reflections on Türkiye 's 
international trade.  
 
In that context, the modernization of the Customs Union presents opportunities not only for 
the bilateral trade between Türkiye and the EU but also T ürkiye 's trade with rest of the world. 
This conclusion is also supported by respective impact analysis studies conducted by both 
Türkiye and the EU.  
 
2.4 Régimen de inversión  
2.4.1 Panorama general y marco de inversión extranjera directa (pág. 42)  
 
"2.32.  La Oficina de Inversiones de la Presidencia se encarga de promover las oportunidades de 
inversión en Türkiye y de ayudar a los inversores, tanto nacionales como extranjeros. Alberga la 
secretaría del Consejo Consultivo de Inversiones, que reúne a altos ej ecutivos de empresas 
multinacionales para abordar los obstáculos a la inversión y las reformas. En 2021, la Oficina de 
Inversiones de la Presidencia publicó su Estrategia de Inversión Extranjera Directa para el período 
2021-2023. El objetivo de la Estrateg ia es aumentar la participación de Türkiye en las corrientes de 
IED hasta el 1,5% en 2023 (tomando como referencia la estimación del 0,8% de 2020) y atraer IED 
de calidad, entendida como aquellas inversiones que contribuyen a la transformación tecnológica,  el 
empleo y el saldo por cuenta corriente.  En la Estrategia también se pone de relieve la importancia 
de armonizar el entorno empresarial con los Objetivos de Desarrollo Sostenible (ODS) de las 
Naciones Unidas, especialmente la economía verde y el desarro llo sostenible, para satisfacer las 
necesidades de los inversores extranjeros. Contiene 11 estrategias y 72 medidas, así como un marco WT/TPR/M/439/Add.1  
 
- 66 - 
 
  de vigilancia y evaluación.38 Las autoridades prevén que todos los objetivos se alcancen plenamente 
a finales de 2023. " (énfasis agregado).  
 
4. En el informe se cita que la Oficina de Inversiones de la Presidencia publicó su 
Estrategia de Inversión Extranjera Directa para el período 2021 -2023, ¿podrían 
precisar cuál es la autoridad designada para conocer de las propuestas de IED?  
 
Answer: The Inv estment Office of the Presidency of the Republic of Türkiye is the official 
organization for promoting Türkiye's investment opportunities to the global business 
community and for providing assistance to investors before, during, and after their entry into 
Türkiye.  Directly reporting to the President of T ürkiye, the Investment Office is in charge of 
encouraging investments that further enhance the economic development of T ürkiye. To this 
end, the Investment Office supports high -tech, value -added, and employ ment-generating 
investments with its facilitation and follow -up services during whole processes of relevant 
investments.  However, there is not any legal obligation for the international investors to apply 
to the Investment Office before investing in Türkiy e. They can freely invest in Türkiye without 
getting any permission from any authority.  
 
5. ¿Cuáles son los criterios que esta autoridad utilizará para determinar que las IED 
poseen la calidad necesaria a la luz de la Estrategia de Inversión Extranjera Direc ta?  
Answer: "Türkiye's Foreign Direct Investment (FDI) Strategy (2021 -2023)" was published in 
the Official Gazette on 22 June 2021. This target -oriented FDI Strategy provides our country 
with a clear roadmap for attracting value -added, knowledge -intensive  investments, which 
create high -quality employment. The Strategy document has been developed in cooperation 
with all public and private industry organizations under the coordination of the Presidency 
Investment Office.  
With this strategy document in place,  it is intended to increase our country 's share in 
knowledge -intensive and high -value -added investments which also create high -quality jobs 
by maintaining Türkiye's central and competitive position in its region. While developing this 
strategy document, th e changing economic conditions with the COVID -19 pandemic and the 
related opportunities for our country were also taken into consideration.  
 
With this national FDI Strategy, we have specifically defined the quality FDI profiles which 
Türkiye prioritizes d uring this period. The main target of the strategy is to increase the share 
received by Türkiye from the global FDI market to 1.5% as of 2023, by increasing its 
performance in terms of quality FDI profiles. Accordingly, in order to reach this target, there  
are 11 strategies and 72 actions designed by the Investment Office in coordination with all 
our stakeholders Türkiye. These 11 strategies and 72 actions will be implemented and 
monitored under 4 different "Implementation Groups ": 
 
1. Investment Promotion and  Investment Attraction Implementation Group  
2. Facilitation Implementation Group  
3. Aftercare Implementation Group  
4. Investment Climate and Competitiveness Implementation Group  
 
The strategy document aims to increase Türkiye's FDI performance in terms of both quantity 
and quality and help to strengthen Türkiye 's position in global value chains. More specifically, 
there are targeted actions which aim to boost the linkages between multinational companies 
operating in Türkiye and the local businesses. The strategy  document also includes specific 
strategies and actions in aftercare and policy advocacy areas.  
 
One of the most important aspects of this strategy is the "quality FDI " definitions. Quality FDI 
for Türkiye is defined as "Investments Supporting Technologic al Transformation, Employment 
and Current Account Balance ".  
 
Seven  quality FDI profiles and four horizontal axes that match the definition of quality FDI of 
Türkiye has been determined.  
 
1. All R&D, design and innovation center investments regardless of sect or 
2. Investments which develop/expand technologies ensuring the digital 
transformation of industries and services  WT/TPR/M/439/Add.1  
 
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  3. Technology intensive production investments with high added value which develop 
supplier bases and have strong backward or forward linkages  
4. Value-added, high -tech service s sector  and business services investments  
5. Investments whose selected location is in priority development regions and which 
provide high employment, regardless of sector  
6. Export -oriented production investments  
7. Investments reducing import dependency in sector/product groups with high 
imports of intermediate goods  
 
In order to attract well -defined "Quality FDI projects " into Türkiye, 11 different strategies and 
72 actions have been designed. Specifically, 11 key strategies have been b uilt in terms of (A) 
FDI services cycle, (B) investment climate and competitiveness (C) cooperation, coordination 
and governance between institutions. These 11 strategies are presented below:  
 
A. FDI Services Cycle Scope:  Services provided to investors and activities carried out in the 
fields of Investment Promotion, Investment Attraction, Facilitation and Aftercare.  
1. Planning and implementing a central and holistic investment promotion campaign that 
focuses on quality F DI 
2. Performing investment attraction studies specifically for quality FDI profiles  
3. Enhancing the facilitating role of public institutions in facilitation processes  
4. Improving the supply of industrial land needed by investors and access to informatio n about 
land that is suitable for investment  
5. Improving the supplier base in Türkiye in accordance with the backward linkage 
requirements of quality FDI profiles  
 
B. Investment Climate and Competitiveness  Scope:  Decision criteria used by investors 
while evaluating potential investment destinations  
6. Enhancing the policy and support mechanisms for the improvement of the investment 
climate, in line with investor feedback  
7. Developing the transportation, logistics , digital and ICT infrastructure needed to attract 
quality FDI to Türkiye  
8. Developing the regulatory framework and the support and incentive mechanisms to enable 
Türkiye to achieve its potential in the FDI market, which transforms according to global 
tendencies  
9. Enhancing the skill sets of the human resources needed to attract quality FDI to Türkiye  
10. Conducting the studies which will boost the compliance of the business climate and the 
regulatory framework with UN 's Sustainable Development Goals (S DGs) and the European 
Green Deal.  
 
C. Cooperation, Coordination and Governance Among Institutions  Scope:  Institutional 
and functional framework for FDI among the public institutions and professional business 
organizations which carry out activities in the field of FDI  
11. Enhancing the information exchange and cooperation mechanisms among FDI 
stakeholders  
 
As the Investment Office of Türkiye, we prioritize sectors in line with our FDI strategy to attract 
high-quality FDI profiles to our country and design our sectoral teams accordingly. Our 
sectoral teams evaluate Türkiye's FDI potential for each specific se ctor. Based on Türkiye's 
strategic goals, we determine our priority sectors. In order to evaluate each investment 
project, we use a comprehensive scoring mechanism which is called as "Investor 
Management Model ". 
 
With this mechanism, our objective is to as sess all investment projects and prioritize high -
quality investments accordingly. The investment projects which cannot exceed a certain 
threshold are not included in our project portfolio.  The "Investor Management Model" allows 
us to evaluate each project  ex ante across five different categories. The main categories 
include investment size , direct contributions of the investment, potential contributions , 
investor quality , and lastly, the SDG compliance  of each project. In this evaluation 
mechanism, we have  developed a detailed SDG Scoring Mechanism  built upon the UN's 17 
SDGs. With it, we assess the possible impacts of each investment in each SDG and prioritize WT/TPR/M/439/Add.1  
 
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  the most impactful ones. Under each SDG, there are specific question sets that must be 
answered t o evaluate their direct impact on specific SDGs.  
 
The FDI projects in our portfolio are categorized into four groups based on their scores: 
Diamond, gold, silver, and bronze , with the diamond category representing the most 
impactful projects. For example, diamond category investments are those that get highest 
scores and we allocate more time and effort to attract these specific investments to our 
country.  
 
6. ¿Qué tipo de incentivos recibirían las IED que se consideren de calidad?  
 
Answer: Türkiye offers generous incentives to international investors with numerous 
programs which are implemented by different governmental institutions. In principle, the 
investments which are technology -intensive, which create high -added value and generate 
high-quality  employment are supported more. For the overview of the incentive schemes, 
more information can be reached in the following links:  
https:// www.invest.gov.tr/en/whyturkey/top -reasons -to-invest -in-turkey/pages/lucrative -
incentives.aspx  
https://www.invest.gov.tr/en/library/publications/lists/investpublications/guide -to-state-
incentives -for-investm ents-in-turkiye.pdf   
 
 
2.4.3 Planes de incentivos a la inversión (pág. 44)  
 
"2.37. Türkiye  tiene cuatro planes de incentivos a la inversión, que están comprendidos en el Decreto 
sobre Ayudas Estatales a la Inversión y tienen por objeto promover el desarrollo regional: se trata 
del Plan de Incentivos a la Inversión General, el Plan de Incentivos  a la Inversión Regional, el Plan 
de Incentivos a la Inversión Estratégica y el Plan de Incentivos para Inversiones Prioritarias. Todos 
estos planes estaban en funcionamiento cuando se realizó el examen anterior de Türkiye, aunque 
se han introducido alguna s modificaciones (cuadro 2.3). El Plan de Incentivos a la Inversión a Gran 
Escala se dejó de aplicar en 2019. "  
 
7. ¿Qué obstáculos se presentaron para que tomaran la decisión de dejar de aplicar este 
plan en 2019? Así mismo, ¿cuáles fueron los resultados obs ervados durante el tiempo 
en que se aplicó el plan?  
 
Answer: We did not encounter any obstacles; it was rather an economic policy decision for a 
better -aligned incentive framework to respond to the needs of investors.   The large -scale 
investment scheme has  overlapped with regional, priority and strategic schemes and became 
idle and, therefore abolished. We have observed that large projects preferred strategic and 
priority schemes along with their value -added investments. In addition, we already provide 
4th region incentive terms to projects that fall into the middle -high technology classification 
of the OECD, which is quite favourable for large projects in the high -value -added 
manufacturing sector. Thereby, the Large -Scale Investments scheme has not grabbed much 
attention due to the better conditions of other schemes in general. Since 2016, we already 
addressed mega projects with the project -based incentive scheme with quite favourable 
support packages.  
 
 
3.3.3 Prescripciones sanitarias y fitosanitarias  
3.3.3 .2 Evolución durante el período objeto de examen (pág. 96)  
 
"3.124. En el marco del Plan Estratégico del Ministerio de Agricultura y Silvicultura para 2019 -2023, 
las prioridades en materia sanitaria y fitosanitaria incluyen: i) mejorar las inspecciones de la 
inocuidad de los alimentos, facilitar información exacta y actualizada sobre la inocuidad de los 
alimentos y desarrollar aplicaciones en la esfera de la inocuidad de los alimentos; ii) proteger la 
salud de los animales mediante el fortalecimiento del control de los piensos; iii) formular estrategias 
para el bien estar de los animales y combatir las enfermedades y plagas animales; iv) aumentar la 
calidad y eficiencia de los productos veterinarios;  y v) adoptar medidas fitosanitarias sólidas desde 
el punto de vista ecológico en lo que respecta a la producción vegeta l." (énfasis agregado)  
 WT/TPR/M/439/Add.1  
 
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  8. ¿Específicamente, cuáles han sido las medidas que se han tomado para aumentar la 
calidad y eficiencia de los productos veterinarios y adoptar medidas fitosanitarias 
sólidas desde el punto de vista ecológico en lo que respecta a la p roducción vegetal? 
Con miras de proveer a los demás países Miembros algunas ideas de cómo pueden 
mejorar estos aspectos.  
 
Answer:  As for plant products; in line with international standards, integrated pest 
management (IPM) practices are encouraged and recommended in order to promote 
environmentally friendly control methods that prioritize the use of methods such as cultural 
measure s, biological control, biotechnical control as alternatives to chemical control. 
Integrated Pest Management - Integrated Controlled Crop Management projects are carried 
out in order to disseminate alternative control methods for chemical use.  
 
Additionall y, the legislation in force in Türkiye on the production, licensing, monitoring and 
prohibition of veterinary medicinal products is in parallel with the EU legislation. 
Internationally recognized standards such as Good Manufacturing Practices, Good Clinica l 
Practices and Good Laboratory Practices are required. In order to monitor the quality and 
effectiveness of veterinary medicinal products such as vaccines and medicines, regular 
inspections are carried out at production sites, samples are taken from the m arket and market 
controls are carried out, and complaints are evaluated through pharmacovigilance studies.  
 
Acuerdo sobre Subvenciones a la Pesca de la OMC  
 
En sus informes no abordan sobre el Acuerdo sobre Subsidios a la Pesca adoptado en la Duodécima 
Conferencia Ministerial (CM12) el 17 de junio de 2022.  
 
9. ¿Podrían identificar y  proveer un avance o actualización de sus procedimientos internos 
con respecto a la aceptación e implementación del Acuerdo sobre Subvenciones a la 
Pesca?  
 
Answer:  The Agreement on Fisheries Subsidies was adopted at the 12th Ministerial Conference 
on 17 June 2022. It was then adopted by the Parliament, on 4  October  2023 and published in 
the Official Gazette on 17 October  2023. Within the framework of the Protocol Amending the 
Marrakesh Agreement establishing the WTO for notification to the World Trade Organization, 
it was approved by our President on 18  November  2023 and published in the Official Gazette. 
The 2/3 majority in the number of countries notifying the WT O, which is required for the entry 
into force of this agreement, has not yet been achieved, and the transposition of the 
agreement to the country legislation is being carried out.  
 
  WT/TPR/M/439/Add.1  
 
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  ECUADOR  
PREGUNTAS CON RELACION AL EXAMEN DE POLÍTICA COMERCIAL DE TÜRK İYE 
 
A. Preguntas sobre temas del entorno económico:  
1. Página 16, subtítulo 1.1 Principales características de la economía, párrafo 1.5:  
 
"Türkiye  está situada en la Cuenca del Mediterráneo, una de las regiones del mundo que se espera 
que se vean más afectadas por el cambio climático. Las recientes inundaciones, los incendios 
forestales y la contaminación marina también han mostrado lo enormemente v ulnerable que es el 
país a los efectos del cambio climático. Además, las perturbaciones del suministro de energía y los 
aumentos de los precios de los combustibles debido a los conflictos geopolíticos han puesto de relieve 
la urgencia de la lucha contra el  cambio climático para contribuir a la seguridad energética y la 
asequibilidad de la energía ". 
 
Pregunta:  
Al verse afectado el país por el cambio climático, que puede perjudicar su zona marítima, 
la fauna marina y la producción de ciertos alimentos dentro  de esa zona: ¿Han considerado 
las autoridades propiciar acercamientos con países abastecedores de productos del mar?  
 
Answer:  In recent years, climate change has affected seafood products in various ways. In 
this regard, the necessity of rapprochement in seafood trade with countries for supply 
purposes has emerged. Türkiye is in cooperation with the regional and international 
organizations to combat the negative effects of climate change on the marine environment 
and conducts dialogue with partner countrie s on this issue.  
 
2. Página 23, subtítulo 1.3.1 Comercio de mercancías, párrafo 1.26:  
 
"Según el Banco Mundial, la creciente participación de Türkiye  en las cadenas de valor mundiales 
coincide con el aumento del valor añadido de las exportaciones. Tiene un potencial considerable para 
ampliar sus exportaciones en general y las que realiza en el marco de las cadenas de valor 
mundiales, especialmente en l os sectores de tecnología más avanzada. No obstante, su participación 
en las cadenas de valor mundiales sigue siendo relativamente baja, la sofisticación de sus productos 
es escasa y los ingresos procedentes de la innovación son limitados. Las cadenas de s uministro 
nacionales de las cadenas de valor mundiales se han ampliado, pero los proveedores de las cadenas 
de valor mundiales pueden esforzarse más para incrementar la productividad. Aunque las 
exportaciones son considerables, todavía están un 50% por deb ajo de su potencial. El Undécimo 
Plan de Desarrollo del Gobierno (2019 -2023) tiene como objetivo, entre otras cosas, mejorar la 
posición de Türkiye en la jerarquía de las cadenas de valor mundiales ". 
 
Pregunta:  
¿Qué medidas tiene previsto implementar Türk iye para mejorar su participación en las 
cadenas de valor mundiales, entre otras en el marco del Undécimo Plan de Desarrollo de 
Gobierno, a fin de tener una mayor participación en dichas cadenas de valor?  
 
Answer:  According to the Eleventh Development Plan, in order to have a more competitive 
economic structure that will enable our country to take place at higher levels of the global 
value chains, our country needs to strengthen physical, human capital and technolog ical 
infrastructure.  While the intensity of the competition based on cheap labor is decreasing; 
high-technology based, faster, flexible and innovative production, design and branding along 
with the efficient commercial channels that are strengthened with logistic infrastructure and 
marketing strategies stand out as the main factors that increase the competitive advantages 
of countries. Productivity gains in these factors have a special place to integrate technological 
progress with production processes and  to integrate competitively into the global value chain.  
 
As it is known, global value chains are activities that cover the stages starting from design for 
the development of a final product, purchasing goods from suppliers, production, marketing, 
sales a nd after -sales services. The importance of this issue is outlined greatly in the 11th 
Development Plan. In this context, Türkiye carries out policies and measures in many areas 
such as production of high -tech products with fast and innovative technologies,  enhancing the 
importance of design and branding, improving the logistics infrastructure and increasing the 
education level with an aim to increase the employment of quality workforce. One of these WT/TPR/M/439/Add.1  
 
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  measures is the "Technology -Focused Industrial Move Progra m" carried out by the Ministry of 
Industry and Technology. Program, with an aim to increase the value -added production in 
Türkiye, focuses on concentrating the supports and incentives provided by the Ministry and 
its affiliated/related organizations on med ium-high and high technology level sectors by 
managing them from a single window. By supporting the companies from end to end, it aims 
to make companies sustainable and value -added in all processes from R&D to investment.  
 
Türkiye is also taking important  steps towards the 2053 Net Zero Carbon target within the 
Paris Climate Agreement. On the other hand, under the leadership of the Ministry of Industry 
and Technology, various applications and projects in the field of digitalization are being 
implemented fo r the main and sub -sectors of the manufacturing industry, focusing on the 
fourth industrial revolution. In this context, various policies and projects are being carried out 
to support digital transformation in the manufacturing industry, increase energy ef ficiency and 
develop innovative solutions in environmental sustainability. In addition, a new "Investment 
Commitment Advance Loan Program " Also, the Ministry of Industry and Technology has 
published the Strategic Priority Products List, consisting of 281 p roducts, and the Technology 
Areas List, consisting of 261 titles, for investment projects worth TRY 1 billion and above, for 
which technology and strategy evaluations are made. This program will ensure that investors 
in Türkiye have access to long -term investment loans under favo urable  conditions.  
 
Lastly, in order to improve participation in GVCs, plan f or creating a new supplier digital 
database is being implemented. Thanks to this platform, suppliers in Türkiye will be able to 
be found by big enterprises and OEMs from all around the world. Beside this platform, as part 
of supplier development strategy, more prospect suppliers are being brought together with 
multinational enterprises (MNE) so they do not only supply to the FDIs but also supply to the 
other factories of those MNEs all over the world.  
 
 
3. Página 28, subtítulo 1.3.3 Inversión extranjera direc ta, párrafo 1.36:   
 
"Durante el período objeto de examen, Türkiye adoptó medidas para facilitar la IED, en especial a 
través de la Oficina de Inversiones de la Presidencia y su Estrategia en materia de IED para 2021 -
2023 y de la creación de asociaciones pú blico-privadas para los principales proyectos de 
infraestructura. Además, Türkiye se ha beneficiado de su posición como centro manufacturero de 
relativamente bajo costo próximo a los mercados de la UE. No obstante, según la OCDE, las recientes 
políticas ec onómicas poco ortodoxas han desalentado a los inversores; Türkiye también se vería 
beneficiada si reforzara el entorno de gobernanza según lo previsto en el Undécimo Plan de 
Desarrollo (2019 -2023), que requiere mejoras, entre otros aspectos, con respecto a l imperio de la 
ley, la credibilidad del sistema judicial y la corrupción (por ejemplo, el blanqueo de dinero y la 
financiación del terrorismo). El volumen acumulado de IED de Türkiye disminuyó en 2021, tras 
alcanzar su nivel máximo en 2020, a pesar de la incertidumbre económica mundial causada por la 
pandemia ". 
 
Pregunta:  
¿Qué opinión tiene Türkiye sobre las políticas económicas que, según la OCDE, se 
considera que han desalentado a los inversores? ¿Qué medidas ha planificado el gobierno 
para mejorar el r iesgo país y promover una mayor IED?  
 
Answer:  FDI to Türkiye has not dropped year on year by any significant levels at all, 
particularly in recent years corresponding to the period referred by the question. In fact, 
Türkiye has been outperforming the world average in attracting FDI in the period following 
COVID -19. With 73.1% upswing in FDI in 2021, Türkiye beat the average performance of 
world (53.7%) and developing countries (36.3%). Further, even though the average FDI in 
the world  dropped by 12.4% and that in developed countries slid by 36.7%, FDI to Türkiye 
increased by 2.1% in 2022, a year marked with crisis in the world.  
 
In addition, annual FDI inflows to Türkiye in the last two years, USD 13.3 billion in 2021 and 
USD 13.6 billion in 2022 respectively, were higher than the average FDI inflows attracted over 
the last 20 years, which is USD 12.6 billion. This is mainly the outcome of strong fundamentals 
such as market -based economy policies, diversified economy, robustness agains t shocks, 
cutting -edge and widespread infrastructure, a young and talented labour pool, strategic 
location, and ever -increasing trend in the exportation.  WT/TPR/M/439/Add.1  
 
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  As highlighted in the Medium -Term Program (2024 -2026) published at the official gazette in 
September  2023, one of the main policy documents that covers macro policies, principles, 
Government 's macroeconomic targets for the next three years, improving the business and 
investment environment is one of the main objectives Türkiye aims to be successful at in o rder 
to maintain a sustainable economic development. More specifically, the main objective is to 
strengthen bureaucratic and legal predictability in the business environment to make the 
economy more competitive and increase employment, exports and producti on. In the Program 
period, priority will be given to making arrangements to improve the legal and financial 
processes by easing company establishment and liquidation processes, reducing bureaucracy 
and transaction costs as well as accelerating transactions . Taking into account the priority 
sectors and regional conditions, private sector investments will be supported, state aids will 
be reviewed, the investment zone allocation system, which is one of the primary elements of 
investment, will be strengthened, and legal processes in investment, trade and finance will be 
facilitated.  
 
Furthermore, the policy makers are well -aware of the importance of stability in the economy 
as the principal measure against risks. Again, in the Medium -Term Program, it is clearly  stated 
that price stability is one of the top prioritized topics to be addressed. During the program 
period, monetary, fiscal and income policies will be implemented in coordination, and in 
particular a tight monetary policy including quantitative tighten ing and selective credit 
practices will be implemented decisively to establish long -term price stability. So far, the 
measures that have been consistently taken in line with the Program have already started to 
yield the fruits in terms of price stability a nd increasing interests to Türkiye from international 
portfolio investors and foreign direct investors . 
 
B. Políticas y Prácticas Comerciales, por Medidas  
4. Página 61,subtítulo 3.1.3.3 Reducciones y exenciones arancelarias , párrafo 3.31:  
"Türkiye  mantiene exenciones arancelarias en virtud de diversas leyes, programas y planes. 
Además, prevé exenciones en el marco de sus planes de incentivos a la inversión y para los 
operadores en sus zonas especiales. También se prevén exenciones arancelarias rela tivas a diversos 
productos industriales y agropecuarios en la Decisión anual sobre el Régimen de Importación, en las 
notas de pie de página de la Lista Nº II (productos industriales) y la Lista Nº VII (productos 
agropecuarios que se benefician de derechos de aduana reducidos para los usos  
finales previstos). " 
 
Pregunta:  
¿Podría proporcionar detalles sobre cómo se determinan los usos finales específicos de 
los productos de la Lista VII; y cuáles son los procedimientos para solicitar y otorgar estas 
reducciones arancelarias, dependiendo la industria o producto?  
 
Answer:  The end -use provides an opportunity for the domestic producers to obtain raw 
materials or intermediate goods with reduced or 0% customs duties only when used 
exclusively in production.  The analysis is conducted by the Ministry of Trade in order to 
determine the goods to be included in the list (List VII) upon the request of the manufacturing 
company.  
 
5. Página 63, subtítulo 3.1.3.5 Los demás derechos y cargas, párrafo 3.34:  
"Türkiye ha co nsolidado "los demás derechos y cargas" (artículo II.1(b) del GATT) para todas las 
líneas arancelarias de su Lista de Mercancías en tipos distintos a cero, salvo en los productos 
marcados con la indicación línea arancelaria "Libre" de derechos (646 líneas arancelarias según la 
lista de aranceles consolidados más reciente). Como se indicó anteriormente, se ha suprimido el 
gravamen destinado al Fondo Público para la Vivienda, que se ha integrado en el arancel NMF 
aplicado como parte de las AFL. Como se indica  en el anterior examen de Türkiye, se aplican 
impuestos del 4% a las importaciones que llegan por transporte marítimo y del 3% a las que llegan 
por carretera, ferrocarril o transporte aéreo.  
 
Pregunta:  
¿Podría detallar cómo estas cargas impositivas se aju stan a los lineamientos de la OMC 
en cuanto al trato nacional; con respecto al impuesto a la importación, dependiendo el 
modo (aéreo, terrestre o marino); y cuáles son las implicaciones y efectos esperados en 
los costos de importación de productos? ¿Podría n facilitarnos un desglose al detalle de las WT/TPR/M/439/Add.1  
 
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  diversas cargas impositivas que se aplican en general a un bien importado y, en particular, 
al banano que llega desde Ecuador?  
 
Answer:  Türkiye has 4% bound levy to imports arriving by maritime transport and 3% bound 
levy for imports arriving by road, rail or air transport. Those taxes currently are not applied.  
Within the framework of the Import Regime Decree of Türkiye, the customs duty applied to 
banana originating from "other countries " (including Ecuador) is %7+626$/tones.  
 
6. Página 67, subtítulo 3.1.4.3 Impuesto sobre los servicios digitales, párrafo 3.47:  
"En virtud de la Ley Nº 7194, que entró en vigor en marzo de 2020, Türkiye introdujo un impuesto 
sobre los servicios digitales del 7, 5% aplicable a los proveedores de estos servicios. El impuesto se 
aplica a los ingresos generados por la venta de determinados servicios digitales, a saber: servicios 
de publicidad en el entorno digital; contenido de audio, visual o digital en el entorno d igital; servicios 
para escuchar, ver, reproducir o grabar contenido digital en dispositivos electrónicos; servicios de 
suministro y explotación de entornos digitales con interacción del usuario; y servicios de 
intermediación suministrados por proveedores d e servicios digitales. Se aplican diversas exenciones. 
En 2021, el impuesto sobre los servicios digitales representó el 0,2% de los ingresos públicos totales. 
Se aplica tanto a los servicios producidos en el país como a las importaciones de servicios. "  
 
Pregunta:  
Por cuanto Türkiye  creó un impuesto sobre los servicios digitales que se aplica a una 
variedad de servicios de este tipo, ¿podrían proporcionar más detalles sobre las 
exenciones aplicadas a este impuesto y cómo se puede determinar qué servicios digitales 
están sujetos a est a carga impositiva? Además, ¿cuál es el impacto del impuesto sobre los 
servicios digitales en la recaudación de ingresos públicos en general y cómo se prevé que 
evolucione este impuesto a futuro en cuanto a montos de recaudación?  
 
Answer:   
Digital Service Tax  
Law No.  7194; Date of Enactment: 12/5/2019; Effective Date: 3/1/2020  
General Communique on Digital Services Application: Official Gazette No:31074 Official 
Gazette Date: 3/20/2020  
 
1. Subject of the Tax:  The revenue obtained from the following services provided in Türkiye 
are subject to digital service tax (DST):  
a) All kinds of advertising services offered in the digital environment (including services such 
as advertisement control and performance measu rement services, data transmission and 
management services concerning users, and technical services pertaining to the delivery 
of the advertisement);  
b) Sale of audio, visual or any digital content (including computer software, applications, 
music, video,  games, in -game applications and the like) in the digital environment and 
services offered in the digital environment for listening to, watching, playing or recording 
such content on electronic devices or using such devices in the digital environment;  
c) Services for the provision and operation of digital environments where users can interact 
with each other (including services provided for the sale or facilitation of the sale of a 
commodity or service among users).  
 
The revenues derived from the intermedi ary services provided by digital service providers in 
the digital environment for the services listed above are likewise subject to DST.  
 
2. Taxpayer and Authorised Tax Office : The taxpayer of DST are the digital service 
providers. It shall not affect the liability of DST regardless of whether or not they are fully 
liable pursuant to the Income Tax Law or Corporate Tax Law, or whether or not they conduct 
the activities in question through their workplaces or permanent representatives in Türkiye in 
case of l imited liability. The tax office authorised to impose DST is the Large Taxpayers Tax 
Office.  
 
3. Tax Base and Tax Rate:  The basis of DST is the revenue derived from the services subject 
to the tax in the corresponding taxation period. The tax rate is 7.5% . 
 WT/TPR/M/439/Add.1  
 
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  4. Exemptions and Exceptions:  Taxpayers who, in the accounting period preceding the 
corresponding accounting period, have revenues of less than TRY 20 million in T ürkiye  or less 
than EUR 750 million or equivalent foreign currency equivalent Turkish Lira s in worldwide 
revenues in respect of the services mentioned in Article  1, are exempt from DST. In the event 
that the taxpayer is a member of a consolidated group with respect to financial accounting, 
the total revenue obtained by the group for the service s subject to the tax shall be taken into 
account in the application of the limits in question. Revenues obtained from the following 
services in digital environment are exempt from DST:  
a) Services for which Treasury share is required to be paid pursuant t o the Additional Article  37 
of the Law on Telegraph and Telephone;  
b) Services on which special communication tax is levied under Article  39 of the Law on  
Expense Taxes;  
c) Services stated in the Article  4 of the Banking Law;  
d) Sales of products manufactured as per R&D activities in R&D centres as defined in Article  2 
of the Law on Supporting Research, Development and Design Activities and services 
provided exclusively through such products;  
e) Payment services falling under Article  12 of the Law on Payment and Securities  
Reconciliation Systems, Payment Services and Electronic Money Institutions.  
 
5. Taxation Period, Declaration, Assessment and Payment of Tax:  The taxation period 
is a monthly period of the calendar year. DST is assessed upon the taxpayer's declaration. 
Tax declarations and payments can be made electronically via https://digitalservice.gib.gov.tr.  
 
Note: For the general framework of the Turkish  Taxation System:  
https://www.gib.gov.tr/sites/default/files/fileadmin/taxation_system2021.pdf  
 
6. Collection Amounts:  In 2021 and 2022, Türkiye's digital services tax collection was 0.24% 
and 0 .23% of total tax revenue respectively. In the January -Octobe r 2023 period DST 
collection is around TRY 8 billion, and this amount corresponds to 0.23 % of tax revenues 
collected. The revenue target estimated in 2023 (Revised Budget) was TRY 9.2 billion. In 2024 
Central Government Budget Law estimates are TRY 15.6 billion for 2024, TRY 20 billion for 
2025 and TRY 23.8 billion for 2026. The shares of these amounts in tax revenues are 0.21 for 
2023, 2024, 2025 and 2026.  
 
7. Página 108,  subtítulo  3.3.6 Contratación pública, sección  3.3.6.1 Marco jurídico e institucio nal 
básico, párrafo  3.157:  
3.157. La contratación pública sigue rigiéndose principalmente por la Ley Nº 47343 de Contratación 
Pública, de 2002 (PPL), y la Ley Nº 4735 de Contratos de Compras del Sector Público, del mismo 
año (PPCL).179 La PPL establece los  principios y el procedimiento aplicables en las compras del 
sector público. (...)  
 
Pregunta:  
¿Mantiene Türkiye, en su normativa nacional, un registro de proveedores de compras 
públicas?, De ser afirmativa su respuesta, ¿puede indicar los requisitos para su 
inscripción?  
 
Answer:  Pursuant to the third paragraph of Article  4 of the Regulation on the Implementation 
of Electronic Public Procurement entitled "Mandatory Issues to be Complied with in 
Procurements", natural persons who are citizens of the Republic of Türkiye and legal persons 
established in accordance with the law s of the Republic of Türkiye who wish to participate in 
procurements shall be registered in the Electronic Public Procurement Platform (EKAP). The 
requirements for the registration of natural and legal persons to EKAP are set out in Article  7 
of the same R egulation. In this framework, a number of documents must be submitted 
together with the protocol signed between the Public Procurement Authority and the natural 
and legal persons for the registration to EKAP. If the relevant person is a natural person, a 
document showing that the person is registered in the chamber of commerce and/or industry 
or the chamber of tradesmen and craftsmen or the relevant professional chamber and a 
notarized signature declaration must be submitted. Legal persons, on the other han d, must 
submit the document showing that they are registered in the relevant chamber of commerce 
and/or industry, the Trade Registry Certificate or Turkish Trade Registry Gazette indicating 
that they are authorized to represent the legal person, and the no tarized signature declaration 
of the representative signing the protocol. In addition to these documents, a notarized power WT/TPR/M/439/Add.1  
 
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  of attorney and notarized signature declaration of the persons authorized to perform 
transactions individually using e -signature on behalf of the natural or legal person must also 
be submitted.  
 
 
Pregunta:  
¿Puede un proveedor extranjero participar y contratar sin necesidad de domiciliarse en el 
país?  
 
Answer:  It has been ruled that all procurements conducted through open procedure, th e 
notification/announcement of which were made on or after 03/10/2022, and the procurements 
realized through negotiated procedure pursuant to subparagraphs (b), (c) and (f) of the first 
paragraph of Article  21 of the Law numbered 4734, must be held by usin g electronic 
procurement (e -procurement) method. Therefore, in order for natural and legal persons to 
participate in the procurements to be held by using e -procurement method, they must first 
register in the Electronic Public Procurement Platform (EKAP). T he procedures and principles 
regarding the registration of foreign natural and legal persons to EKAP were set out by the 
Public Procurement Board decision dated 13  November  2018 and numbered 2018/DK. D -357. 
In this context, foreign natural and legal person s are required to have a foreign identification 
number or a potential tax identification number issued by the tax offices in order to register 
on EKAP. In the online application to obtain a potential tax identification number, the relevant 
person's passpor t information must be submitted and residency in Türkiye is not required.  
 
8. Página 108,  subtítulo  3.3.6 Contratación pública, sección 3.3.6.1 Marco jurídico e institucional 
básico, párrafo 3.159:  
Con arreglo a la PPL, hay cuatro procedimientos de contratación: i) abierta, en la que cualquier 
licitador puede presentar sus documentos de calificación y ofertas; ii) restringida, en la que solo 
pueden participar los licitadores que, tras una invitación abierta al proceso de selección, hayan sido 
considerados calificados e invitados por la entidad contratante a presentar ofertas; iii) negociada, 
en la que se invita al menos a tres licitadores a presentar su documentación de calificación y sus 
ofertas de p recio; y, iv) directa (...)  
 
Pregunta:  
¿Existe procedimientos de compra del tipo "catálogo electrónico", en su normativa 
nacional, a través del cual las Entidades puedan hacer compras directas de manera 
simplificada? ¿De ser así, puede Türkiye informar y transmitir el marco legal del mismo?  
 
Answer:  The Regulation on Goods and Material Demands of Public Institutions and 
Organizations from the State Supply Office includes regulations on procurement through 
electronic catalogs. In this context, procurement through catalog is defined as a service t hat 
is based on a contract, framework agreement or protocol between the State Supply Office and 
economic operators for a certain period of time, which includes a mutual commitment to 
purchase and sell, where the technical specifications and prices of the p roducts determined 
by market research and bargaining method are shown, and which is also offered electronically.  
 
9. Página 111,  subtítulo  3.3.6 Contratación pública, sección  3.3.6.1 Marco jurídico e institucional 
básico, párrafo 3.166:  
(...) En segundo lugar , con independencia de que el valor del contrato sea inferior o superior al 
umbral, puede concederse una ventaja de precio de hasta el 15% a todos los licitadores nacionales 
en la contratación de servicios y obras, y una ventaja de precio de hasta el 15% a  los licitadores 
que ofrezcan productos nacionales en la contratación de mercancías (...)  
 
Pregunta:  
¿Podría indicar Türkiye cómo verifica si efectivamente las mercancías que se contratan y 
sujeta a preferencia son nacionales y en qué fase de la contratac ión se realiza dicha 
verificación?  
 
Answer:  Pursuant to Article  63 of the Public Procurement Law No.  4734, the fact that the 
goods offered by the tenderers are domestic goods is certified by the domestic goods 
certificate issued in accordance with the procedures and principles determined by the Ministry 
of Industry and Technology. The domestic goods certifica te can be confirmed at WT/TPR/M/439/Add.1  
 
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  https://ekap.kik.gov.tr, which belongs to the Public Procurement Authority, during the 
evaluation of the tenders.  
 
  WT/TPR/M/439/Add.1  
 
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  EUROPEAN UNION  
WT/TPR/S/439 – WTO Secretariat Report  
Summary  
Paragraph 11, page 10 : "There have been no changes to FDI restrictions in Türkiye since its previous 
Review. The restrictions apply to 12 sectors: TV broadcasting, civil aviation, maritime transport, port 
services, fishing, accounting, auditing and book -keeping services, financial services, mining,  
real-estate trading, electricity, and education."  
 
EU question 1:  Could Türkiye please explain the reasons for the FDI restrictions in the 
maritime transport and port services sector?  
 
Answer:  There are many foreign port operators providing maritime services in Türkiye. 
However, some of those services, e.g., pilotage and towage are restricted in accordance with 
the Cabotage Law.  
 
EU question 2:  Could Türkiye please provide details with references to domestic legal act 
as regards the FDI restrictions in the sectors referred above (maritime transport and port 
services)?  
 
Answer:  Some of our legislation includes sectoral -based regulations on forei gn investment 
(banking, radio and television broadcasting, etc.). In the maritime transport and port services 
sector, Article  1, Article  2 and Article  3 of Law No.  815 on Cabotage can be cited as examples.  
 
EU question 3:  Could Türkiye please explain why i n its view the restrictions are still 
justified and in how they conform with its international commitments?  
 
Answer:  The specific commitments of Türkiye regarding maritime transport are limited to 
international transport and it is clearly stated that cabotage is not included in the 
commitments. The FDI restrictions in the maritime sector that is mentioned in the Secretariat 
report is about providing cabotage services.  
 
According to our current domestic legal framework, there is no foreign equity cap fo r 
establishing companies to operate in international maritime transport market. That is why we 
have two different ship registries one being the Turkish International Ship Registry, where 
foreign investors have equal access with domestic investors.  
 
In fact , in our GATS commitments not only cabotage is taken out but also 49 % foreign equity 
cap reservation is kept for Mode  3 supply of international transport. On the other hand, in the 
current situation 100 % foreign capital companies can establish and fly the Turkish flag for 
international transport.  Therefore, the current market situation and current legislation are 
much more liberal than our GATS commitments.  
 
On the other hand, 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.  
 
Paragraph 14, page 10 -11: "Over the review period, Türkiye's Single Window System, which allows 
traders to obtain the required import documents and licences through a single point, was extended 
to include more documents used in import and export transactions. Pre -arrival processing has been 
implemented for imports of raw and semi -finished goods arriving by air and sea to speed up customs  
clearance. A Port Single Window System was established in July  2018, and an electronic portal was 
launched for the submission and issuance of advance rulings on tariff classification. A Coordination 
Committee on Trade Facilitation was established to enabl e the implementation of the TFA and other 
international regulations on simplification of border procedures. Türkiye continues to engage in 
efforts to facilitate trade with bordering nations, through simplified customs procedures and through 
cooperation pro tocols/agreements, and to monitor the import prices of selected goods under its 
import surveillance mechanism. Surveillance certificates must be obtained for the import of certain 
products, which involves the provision of additional data and/or information . These data are used to 
evaluate domestic producers' claims of injury that might lead Türkiye to initiate a safeguard or anti -
dumping investigation or to monitor if there is circumvention of trade remedy measures already in 
place."  WT/TPR/M/439/Add.1  
 
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EU question 4:  Could T ürkiye please elaborate on the conditions that prompt a surveillance 
measure and in particular a value -based as opposed to a volume -based one?  
 
Answer:  Import surveillance system is based on Council of Ministers Decision No.  2004/7304 
published in the Turk ish Official Gazette dated 29  May 2004 No.  25476 . The purpose of import 
surveillance system is to closely monitor and to collect specific data regarding the imported 
products that are sharply increasing, but not to bring any quantity or price criteria. Dat a 
collected during surveillance is crucial for the evaluation of the domestic producers claim on 
injury that might lead Türkiye to initiate an investigation of safeguard, anti -dumping or anti -
circumvention.  
 
In order to reduce the effects on trade only the products below a certain CIF value are subject 
to surveillance. It is possible to convey a retrospective surveillance on imports as a rule. The 
surveillance documents are being issued to the importers asked for a document, without a 
restriction on  quantity or the value. Moreover, the issuance of the document is free of charge.  
 
EU question 5:  Could Türkiye please elaborate on the Port Single Window System and 
whether it is proven to make administration easier? If so, how?  
 
Answer:  Port Single Wind ow System of Türkiye was developed in accordance with the 
relevant international conventions (i.e. FAL Convention of International Maritime 
Organization) to prevent administrative burden facilitate the overall ships clarification process 
in the ports. The system shows the functionality and provides benefits as aimed in the 
Convention and is similar to ones that are operational in different parts of the world, including 
the EU Maritime single window.  
 
Paragraph 24, page 12 : "There were significant changes to the ownership of State -Owned 
Enterprises (SOEs) over the review period, with five SOEs being transferred from the Ministry of 
Treasury and Finance portfolio to the Türkiye Wealth Fund (TWF), created in 2016. Major capital 
injections from the Gov ernment were related to increased investments in the railway company and 
capital transfers to the natural gas importing company to ensure energy supply. Privatization activity 
has continued, largely focused on energy (mainly hydroelectric power plants), ma ritime ports and 
marinas, and sugar factories. The TWF falls under the responsibility of the Presidency; it has 
expanded and diversified its portfolio to include 26 companies in a variety of sectors."  
 
EU question 6:  Could Türkiye please explain whether th e privatization of maritime ports 
resulted in any changes affecting international trade?  
 
Answer:  According to the data of the Privatization Administration, 21 ports in Türkiye have 
been privatized through the transfer of operating rights since 1997. With the privatization 
process, a significant part of Turkish ports, especially the main ports, have met international 
standards in terms of service quality and operational performance.  
 
In 2012, 387,426,232 tons of cargo were handled in Turkish ports. There wa s an increase of 
approximately 42% in 2022 compared to 2012, and 542,610,283 tons of cargo were handled. 
The rate of transit cargo on a TEU basis increased by 127% from 2012 to 2022. The amount 
of transit cargo on a weight basis increased from 56,724,431 t ons in 2012 to 81,018,986 tons 
in 2022.  
 
The total number of tractors, trucks, TIR tankers, trailers, and freight wagons coming to 
Türkiye via Ro -Ro increased by 77% between 2012 and 2022.Between 2012 and 2022, the 
number of vehicles coming to Türkiye from European ports via Ro -Ro has increased by 
approximately 84% and reached 251,930 vehicles.  
 
1. ECONOMIC ENVIRONMENT  
1.2.1 Monetary and exchange rate policies  
Paragraph 1.18, page 19:  "The depreciation of the lira has boosted the debts of compan ies and the 
Government, which have increased their foreign borrowings.37 Dollarization has also increased, 
reaching 64.5% of bank deposits at the end of 2021, with the authorities taking measures to curb 
it, decreasing this share to 54.0% as of 20 Septembe r 2022. In January 2022 exporters were asked 
to hand over 25% of their hard currency earnings to the CBRT, which was raised to 40% in April WT/TPR/M/439/Add.1  
 
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  2022. On 24 June 2022, the Banking Regulation and Supervision Agency also announced a new 
directive banning lira -based commercial loans to some firms. According to the directive, a company 
with foreign -currency cash assets of more than TRY 15 million (about USD 895,000) and exceeding 
10% of total assets or annual sales will not be able to obtain a new local -currency loa n. " 
 
EU question 7:  Could Türkiye please clarify whether it plans to lift the obligation for 
exporters to convert a share of their FX revenue into lira? Has there been any assessment 
made on the impact of this measure for exporters and if yes, what was th at assessment?  
 
Answer:  The obligation for exporters selling 40 % of their export proceeds was introduced as 
a macroprudential measure in line with conjunctural developments. As this is a relatively new 
regulation, there is insufficient data to measure other possible effects.  
 
1.2.2 Fiscal policy  
Paragraph 1.19, page 19 : "[…] Tax and social security premium deferrals were used to support the 
most vulnerable segments of society during the pandemic, while fuel subsidies were deployed to 
dampen the impact of inflation […]. "  
 
EU question 8:  Could Türkiye please indicate more information about who are the 
recipients of these subsidies? In addition, could Türkiye please explain in what form they 
are granted and what is the time horizon of these subsidies?  
 
Answer:  The tax and social security premium deferrals were used to sustain employment in 
MSMEs mostly affected by the Pandemic.  
 
1.3.3 Foreign direct investment  
Paragraph 1.36, page 24 -25: "During the review period, Türkiye took steps to facilitate FDI, notably 
through the Investment Office  of the Presidency and its FDI Strategy 2021 -23 (Section  2.4.1), and 
the development of PPPs for major infrastructure projects. In addition, Türkiye has been benefit ing 
from its position as a relatively low -cost manufacturing hub close to EU markets. Nonet heless, 
according to the OECD, recent unorthodox economic policies have discouraged investors; Türkiye 
would also benefit from reinforcing the governance environment as envisaged in the Eleventh 
Development Plan (2019 -23), which requires improvements, inte r alia, regarding rule of law, judicial 
credibility, and corruption (e.g. money laundering and terrorism financing). Türkiye's stock of FDI 
decreased in 2021, after peaking in 2020 (Table  1.4 and Chart  1.4), despite the global economic 
uncertainty caused by the pandemic.  " 
 
EU question 9:  As highlighted by the Secretariat report and shown in Table  1.4, from 2020 
to 2021 there has been marked decrease in total FDI stock. Could Türkiye please provide 
information on the sectors and the origin of the FDI stock accounting for this decline?  
 
Answer:  A currency depreciation witnessed in TRY  against USD was the main reason for the 
decrease materialized in total FDI stock in 2021, mainly occurred in the sectors of financial 
services, and manufacturing such as food and beverage and wholesale and retail trade. 
Nevertheless, thanks to the upswing on the total asset value of the companies, total FDI stock 
bounced back significantly in 2022 and reached to the level slightly less than the 2020 level. 
In this upward correction of the total FD stock, again the manufacturing and financial services 
were t he main contributors.  
 
EU question 10:  Could Türkiye please explain what steps it has taken and/or envisages to 
take to reverse this trend of decreasing FDI stock?  
 
Answer:  Investment decision making process of the international investors is a complex 
process which relies on different factors like micro and macro economy as well as macro 
political factors. So, reversing the FDI values requires a holistic approach which focuses on 
the needs of the international investors. In this regard, Türkiye has been wo rking to offer a 
more attractive investment environment for both foreign and domestic investors with by 
providing generous financial supports within the context of the investment incentive system, 
offering a sound business environment thanks to our investm ent climate reform studies 
carried out by the YOIKK (Coordination Council for the Improvement of the Investment 
Climate) Platform and by creating a predictable legal environment with the bilateral 
investment treaties that we have signed with 113 countries.  WT/TPR/M/439/Add.1  
 
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  In fact, the decrease in total FDI stock was only in 2021. Furthermore, total FDI stock in 
Türkiye  has already bounced back significantly by around 50% in 2022, and reached a level 
close to the 2020 level.  
 
2 trade and investment regimes  
2.3.2.1 Regiona l trade agreements  
Paragraph 2.21, page 33 : "Most of Türkiye's RTAs cover goods only, with services provisions and 
commitments contained only in the recent RTAs with Bosnia and Herzegovina, Montenegro, Serbia, 
the Republic  of Korea , Singapore, and the modernized RTA with EFTA. In recent years, some RTAs 
have included provisions on the environment (Chile, the Republic  of Korea , Malaysia, and EFTA), e -
commerce (Serbia, the Republic  of Korea , Malaysia, Singapore, and EFTA), labour (Chile, the 
Republic  of Korea, and EFTA), and investment liberalization (the Republic  of Korea  and Singapore). 
Several of Türkiye's RTAs contain provisions on SMEs and investment promotion. Factual 
presentations on all but a few of these agreements have been issued by the WTO Secr etariat.20 
Some RTAs have not been notified to the WTO (Section  2.3.1)."  
 
EU question 11:  Could Türkiye please give some examples related to e -commerce Regional 
Trade Agreements? This should include what is the aim, the timeframe, which partners, 
what kind  of data exchange, import -export etc.  
 
Answer:  Türkiye does not have a regional trade agreement in force that covers e -commerce 
only. However, we are in the process of negotiating a Digital Economy Partnership Agreement 
under the Organization of Turkic States (OTS).  
 
The Free Trade Area Agreements (FTAs) with United  Arab Emirates, Bosnia  and Herzegovina, 
EFTA, the Republic  of Korea, Georgia, Malaysia (under ratification), Montenegro, Singapore, 
Serbia and Ukraine (under ratification) have e -commer ce sections/annexes/chapters.  
These e -commerce sections/annexes/chapters aim to provide for streamlined customs 
procedures (such as paperless trading, single windows), acceptance of digital versions (such 
as electronic signatures and contracts), consumer protection (such as spam, personal data 
protection), and cooperation in the field of e -commerce.  
 
As these e -commerce sections/annexes/chapters are covered within the FTAs, they are put 
into force as soon as the whole agreement is put into force and is ex pected to remain valid 
unless either party withdraws from the agreement as a whole. Of course, the texts may evolve 
within the context of mutually agreed terms in accordance with the procedures provided in 
any given FTA such as Joint Committee decisions.  
 
2.4.3 Investment incentive schemes  
Paragraph 2.40, page 41:  "The use of investment schemes varies each year. As before, the General 
Investment Scheme and the Regional Investment Scheme were the most used. Beneficiaries of the 
schemes are largely domestic i nvestors (Table 2.4)."   
 
EU question 12:  Could Türkiye please provide information on the value of the actual 
investment amount within the scope of the incentives granted (particularly for the two 
major incentive schemes)?  
 
Answer:  In 2022, 10 ,633 investment certificates have been generated in the context of 
regional investment incentive scheme which envisages an investment amount of 
TRY 533,633 million and 2 ,828 investment certificate has been generated in the context of 
general investment ince ntive scheme which envisages an investment amount of 
TRY 150,275 million.  
 
EU question 13:  Could Türkiye please also provide information on the actual support of 
the government and the cost of the benefits (including all types of forgone revenues, 
social security premiums, interest/profit share, energy supports, allocated lands) for 
these inves tments?  
 
Answer:  The total social security premium support provided under the regional incentive 
system since 2012 is TRY 10,528 million  and the total interest/profit share support is 
TRY 5,779 million.  
 WT/TPR/M/439/Add.1  
 
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  EU question 14:  Could Türkiye please clarify whethe r it plans to make state -aid inventory 
data transparently and publicly available?  
 
Answer:  Türkiye is taking several measures to improve its state -aid system and a new unit 
under the Presidency is tasked for this.  
 
2.4.4.1 Technology Development Zones (TDZs)  
Paragraph 2.43, page 42 : "As at end -2021, there were 73 TDZs operational in Türkiye dedicated to 
developing the high -technology sector through support to R&D.46 The governing legislation is the 
Technology Development Zones Law of 2 001 and its implementing regulation.47 The Law was 
amended in 2021 to extend the scope of incentives and exemptions set to expire in 2023, until 2028; 
provide support for employment of R&D graduates; and provide subsidies for the employment of 
doctoral stu dents, the construction of workshops and R&D buildings in technoparks, and the 
financing of the machinery, equipment, and software to be used in these workshops. The 
implementing regulation was amended to reflect changes to the law."  
 
EU question 15:  Could  Türkiye please indicate whether it foresees an increase in subsidies 
to the TDZs? Can you explain the rationale behind the allocation of these subsidies?  
 
Answer:  In the coming years, subsidies to the TDZs may be increased according to the needs 
of TDZs. The allocation of subsidies is determined in line with R&D and innovation targets of 
our country and the needs of TDZs.  
 
2.4.4.3 Free Zones (FZs)  
Paragraph 2.47, page 43:  "Türkiye continues to operate FZs, which are defined as special sites within 
the coun try that are deemed to be outside the customs territory with respect to import measures 
and foreign exchange legislation. They aim to provide a supportive environment for export -
orientated investment and production, through exemptions from the following ta xes/fees: customs 
duties and other assorted duties, corporate income tax for manufacturing companies, VAT and 
Special Consumption Tax, stamp duties for applicable documents, real estate tax, income and 
corporate tax for certain logistics services offered i n FZs provided they are export -orientated, income 
tax on employee's wages for companies that export 85% of the f.o.b. value of the goods they 
produce in the FZs, title deed fees when buying and selling a property, VAT exemption for services 
rendered in FZs , and VAT and other taxes for available infrastructure (i.e. electricity, water, gas, 
and sewage). Goods may remain in FZs for an unlimited period and companies may freely transfer 
profits generated from FZs abroad."  
 
EU question 16:  Could Türkiye please elaborate on rules applied in free zones, particularly 
the application of import measures including trade defence measures, origin rules and 
customs procedures with economic impact? For statistical purpose, how are consignments 
in and  out of free zones are accounted for?  
 
Answer:  According to Article  6 of the Free Zones Law No.  3218, "Free zones, although they 
are parts of the Customs Territory of Türkiye, are the areas; location and boundaries of which 
are determined by the President,  where goods not in free circulation are placed without being 
subjected to any customs regime and without being put into free circulation, provided that 
they are not used or consumed except for the cases stipulated the customs legislation, deemed 
to be out side of the Turkish Customs Territory in terms of the implementation of import duties, 
trade policy measures and foreign exchange legislation and where goods in free circulation, 
by virtue of being placed in a free zone, benefit from the opportunities norm ally associated 
with the exportation."  
 
In accordance with this provision, trade defence measures and customs procedures with 
economic impact are not applicable in Free Zones. Parallel to this, trade between free zones 
and other countries is not subject to  the customs regulation.  
On the other hand, according to the interim Article  6 of the Law No.  3218, "Until the date 
Türkiye becomes a full member of the European Union, free zones are deemed to be outside 
of the Customs Territory of Türkiye for the purposes of customs procedures and parts of the 
Customs Territory of Türkiye for the purposes of rules of  origin ." 
In terms of Trade Statistics which are recorded in General Trade System, goods shipped from 
Free Zones or to Free Zones, are accounted in foreign trade (export and import) of Türkiye.  
 WT/TPR/M/439/Add.1  
 
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  2.5 E -commerce developments  
Paragraph 2.52, bullet point one, page 44 : "There were several e -commerce -related developments 
over the review period, including: Significant changes were made to the 2014 Law on the Regulation 
of Electronic Commerce in 2022, which regulates e -commerce principles and procedures. Excep t for 
a few provisions, the new Law will come into effect on 1 January 2023. As indicated by the 
authorities, these changes were largely in response to concerns regarding the tendency of the e -
commerce market towards monopolistic market structure and the n eed to ensure a well -functioning 
and fair competition environment in digital markets and e -commerce. The Ministry of Trade has been 
given the responsibility to ensure the development of e -commerce in a way that maintains an 
effective and fair competition e nvironment and to regulate the activities of e -commerce service 
providers and intermediary service providers. The Law also imposes various new obligations on e -
commerce intermediary service providers. They must (i) prevent intellectual and industrial prope rty 
rights violations and the existence of illegal content on e -commerce marketplaces; (ii) refrain from 
engaging in unfair trade practices; (iii) make payments to sellers within five business days of 
receiving payment from payment service providers; (iv) refrain from unfair competition with sellers 
by using sellers' data obtained on online marketplaces; (v) protect the ability of sellers to transfer 
their data to other e -commerce platforms; (vi) enable sellers to offers goods or services at the same 
or different prices through alternative channels; and (vii) submit an annual audit report prepared by 
an independent audit firm the Ministry. In addition, both e -commerce intermediary services 
providers and e -commerce service providers with a gross merchandise v olume of TRY  10 billion and 
over must obtain an e -commerce licence from the Ministry."  
 
EU question 17 : What are the first experiences of Türkiye's ministry related to these new 
obligations on e -commerce service providers? What are the consequences if service 
providers do not comply with these new obligations?  
 
Answer:  The Ministry of Trade is responsible to ensure the development of electronic 
commerce, to maintain an effective and fair competition environment, and to regulate the 
activities of e -commerce service providers and intermediary service providers. In this context, 
the Ministry of Trade has started to conduct investigations in the relevant electronic commerce 
environments upon complaints received. Consequently, it has been obse rved that unfair 
competition in the market has decreased and there is an increase in the number of new players 
entering the market and growth of existing players in the market. It is also clear that, as a 
result of financial obligations, service providers and intermediary service providers are taking 
steps to ensure a safe e -commerce environment.  
Various steps have been taken for electronic commerce intermediary service providers and 
service providers who do not comply with the obligations. Most of these st eps consist of 
administrative fines. In some cases, it is possible to block access to the relevant e -commerce 
site as well.  
 
Paragraph 2.52, bullet point 3, page 44 : "There were several e -commerce -related developments 
over the review period, including: An amendment to VAT legislation requires services providers not 
resident in Türkiye to pay VAT on electronic services provided to final consumers (Section 3.1.4.1)."  
 
EU question 18: Is this VAT payment an additional tax to the import duties and taxes for 
goods from outside Türkiye?  
 
Answer:  From 1  January  2018, VAT rules for sales of electronic services for consideration to 
non-VAT registered individuals by electronic service providers who do not have a residence, 
business place, legal business center and business centre in Türkiye have been changed. 
Non-resident electronic service providers have to declare and pay VAT which is charged on 
electronic services to non -VAT registered individuals. Electronic services include online 
services like streaming music,  films, gaming services, domain names, hosting, website and 
webpage support etc.  
This regulation only relates to electronic services and does not affect the taxation on imports 
of goods.  
 
Paragraph 2.52, bullet point 5, page 45:  "There were several e -commerce -related developments 
over the review period, including: The introduction in 2020 of new obligations on large foreign social 
media companies; these include data localization requirements and the requirement to appoint a 
local representative in Türkiye. The latter effectively enables the Turkish Information and WT/TPR/M/439/Add.1  
 
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  Communication Technologies Authority (ICTA) to block content accessed on these platforms from 
within the country."  
 
EU question 19:  Does this rule also apply to foreign s ocial media companies selling goods 
to citizens in Türkiye?  
 
Answer:  Under the provisions of Law No.  5651, social network providers are defined as 
natural or legal persons that facilitate users in creating, viewing, or sharing content, such as 
text, images , audio, and location information, on the Internet for the purpose of social 
interaction. In this context, the respective regulation imposes various obligations on domestic 
or foreign -based social network providers. Furthermore, in accordance with the seco ndary 
regulation, platforms that offer social interaction content as a secondary or ancillary service, 
including personal websites, electronic commerce platforms, and news websites, have been 
excluded from its purview.  
 
Paragraph 2.52, bullet point 6, page 45:  "There were several e -commerce -related developments 
over the review period, including: The launch in 2020 of an Electronic Commerce Information 
Platform as an information resource for use by consumers and businesses who want to move their 
business es to the digital environment."  
 
EU question 20:  What is the aim of this platform and what is the added value for customs 
to use this platform? Which data is stored, and is it mandatory to store data?  
 
Answer:  Electronic Commerce Information Platform, whic h can be used by consumers and 
businesses as a source of information, has been put into service in March  2020. The Platform 
has been used effectively by our businesspeople , especially during the pandemic. In the 
Platform, there are 33 training videos and 74 training documents under 8 main headings that 
cover many topics depending from e -commerce site establishment to cross -border 
e-commerce for business. In addition, the Platform contains up -to-date news on e -commerce, 
statistical information, reports,  e-commerce related events. And new ideas can be exchanged 
with our businesses and consumers on e -commerce in the forum section through this platform.  
For customs administrations, the benefit of using such a platform includes easier access to 
information a bout e -commerce regulations enabling them to streamline their processes and 
ensure compliance. The platform may also provide tools for data management and analysis, 
which would contribute to more effective customs operations in the context of e -commerce 
transactions.  
Data is stored in the Electronic Commerce Information System and the data in summary form 
and statistics are published on the Electronic Commerce Information Platform.  
 
Paragraph 2.52, bullet point 8, page 45:  "There were several e -commerce -related developments 
over the review period, including: The implementation of an Electronic Commerce Information 
System (ETBIS) in 2017 to collect and analyse electronic commerce data and register service and 
intermediary ser vice providers. E -commerce enterprises must be registered before they start their 
activities and must notify the system about the websites, mobile sites, or mobile applications they 
operate as well as their contact details; this is accessible to the public  on www.eticaret.gov.tr . 
Enterprises must report additional information, which reportedly is used by the Government to make 
sustainable e -commerce policies and strategies."  
 
EU question 21:  What is the difference between Electronic Commerce Information 
Platform (mentioned in question 20) and ETBIS?  
Electronic Commerce Information System  
 
Answer:  Communiqué on the Electronic Commerce Information System and the Obligations of 
Notification in Electronic Commerce entered into force on 11  August  2017. It aimed to 
continuously compile and track data and indicators for the creation of healthy and sustainable 
policies, strategies and actions in e -commerce. Within the scope of this Commun iqué, electronic 
commerce enterprises shall register through the Electronic Commerce Information System 
(ETBIS) before they start their activities and should notify the System about the Internet site, 
mobile site or mobile applications in which they operat e. The Internet addresses of the 
companies registered and notified to the system is published at " www.eticaret.gov.tr " and 
citizens is informed via this site.  WT/TPR/M/439/Add.1  
 
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  The information regarding contracts made and orders placed over the Internet will be reported 
to the ETBIS on a monthly basis by:  
- Payment and electronic money institutions,  
- Banks,  
- Cargo and logistics operators,  
- Electronic commerce infrastructure providers , and intermediary service providers.  
Statistical data that will allow monitoring and evaluating the development of e -commerce with 
ETBIS will be monitored and evaluated in detail.  
Important data such as the number of real or legal persons engaged in elec tronic commerce 
activities and the volume of electronic commerce will be shared with the public on the website 
www.eticaret.gov.tr . 
 
Electronic Commerce Information Platform  
Electronic Commerce Information Platform, which can be used by consumers and business 
people as a source of information, has been put into service on March  2020. The Platform has 
been used effectively by our business people, the Platform contains up -to-date news on e -
commerce, statistical information, reports, e -commerce related activities are shared. Ideas can 
be exchanged among different users; including consumers and business representatives about 
e-commerce through the platform.  
 
Paragraph 2.52, bullet point 9, page 45:  "There were several e -commerce -related developments 
over the review period, including: The introduction of a trust stamp system in 2017 to encourage 
online transactions by building consumer trust. Online sites that have obtained the authorization to 
use this marking must meet minimum security and quality service standards. Trust stamps are 
provided by the Union of Chambers and Commodity Exchanges of Türkiye (TOBB) as the entity 
designated by the Ministry of Commerce."  
 
EU question 22:  Is this trust stamp system used by customs? Is this a facilitation for 
customs procedures?  
 
Answer:  The trust mark application was put into practice in order to eliminate the concerns 
about security, confidentiality and service quality in electronic comme rce and to establish the 
reliability of e -commerce sites. The trust mark is not a mandatory application. Businesspeople  
wishing to obtain a trust mark are required to comply with legislation. No arrangements have 
been made regarding customs processes withi n the scope of this application.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1.1.1 Customs procedures  
Paragraph 3.3, page 46:  "A summary pre -arrival declaration must be submitted online through the 
Computerized Customs Operations System (BILGE) system (see below) for all goods entering the 
Turkish customs territory, except for cargo in transit; this enables Customs to undertake risk analysis 
for safety and security purposes. The timeframe for submitting this declaration depends on the mode 
of tra nsport. Imports into Türkiye must be accompanied by a customs declaration, a preferential or 
non-preferential certificate of origin, a commercial invoice, a customs value statement of imported 
goods, and a bill of lading or airway bill. Other documents tha t may be required include certificates 
for SPS reasons (Section 3.3.3), certification to prove conformity with the CE mark (Section 3.3.2), 
and import licences or additional documentary requirements for restricted imports (Section 3.1.5) 
or imports subject  to surveillance (see below). The use of customs brokers is not compulsory."  
 
EU question 23: Could Türkiye please provide information whether transit procedure could 
be used for the products stored in the warehouses and if there are any restrictions for 
certain products?  
 
Answer:  Transit procedure can be used for the goods stored in the warehouses. Türkiye 
became party to The Common Transit Convention (CTC -20 May 1987) as of 
1 December  2012. In this context, the contracting parties of the CTC use the NCTS (New 
Computerized Transit System) which is a computerized transit system based on the use of 
advanced computer systems and the electronic processing of data. Goods can be transported 
from the warehouses to a f inal destination with a transit declaration lodged in NCTS.  
Goods classified in Chapters 2 and 16 of the tariff schedule, including red meat (excluding 
canned), bananas, tea, tobacco and tobacco products and canned fish, are not permitted to WT/TPR/M/439/Add.1  
 
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  be transporte d under transit regime to another domestic customs area or abroad after being 
placed under the bonded warehousing regime.  
 
Paragraph 3.7, page 47 : "[…] In 2021, 25% of imports passed through the "green channel", which 
is reserved for authorized economic op erators (AEOs) (Section  3.1.1.2) and involves immediate 
release without examination […]. "  
 
EU Question 24 : Could Türkiye please provide some more explanation on how the green 
channel works and if all AEOs go through that channel or in which cases they might go 
through the yellow or red channel?  
 
Answer:  Turkish Customs Administration has long been using an electronic system in order 
to target risky consignments or declarations in all customs procedures. The ultimate targeting 
tool is Risk Analysis Progr am through which risk profiles are created, updated and terminated.  
These profiles are created according to the degree of risk. The type of customs declaration 
control channel is determined through risk profiles, and whether the company will be AEO or 
not can be added as a criterion to these profiles. When high -risk transactions of AEO 
companies are detected, risk profiles can be created that send these transactions to the red 
channel.  
 
Paragraph 3.10, page 47:  "Türkiye continues to monitor the import pric es of, and collect specific 
data on, selected goods under its import surveillance mechanism.11 Under the system, surveillance 
certificates must be obtained for the import of certain products; to obtain this certificate, additional 
data and/or information m ust be provided. As indicated by the authorities, data collected during this 
surveillance process are used to evaluate domestic producers' claims on injury that might lead 
Türkiye to initiate a safeguard or anti -dumping investigation. Surveillance is also used to monitor if 
there is circumvention of trade remedy measures already in place. For some products, import 
surveillance is implemented to products below a certain c.i.f. value. For other products, there is no 
set price criteria. According to the author ities, this determination is made based on the 
characteristics of the product itself or the target of the surveillance application. For the products for 
which surveillance is applied to products below a certain c.i.f. value, the authorities indicate that t his 
is to have the least effect on other trade. However, concerns have been expressed that this may 
lead to over -invoicing, as importers may choose to declare a customs value above the c.i.f. threshold 
to avoid the process of obtaining a certificate and pr oviding the associated information.12 A list of 
the items currently subject to import surveillance was not available ".  
 
EU question 25:  The Secretariat report states that importers may choose to declare a 
customs value above the c.i.f. threshold to avoid the process of obtaining a certificate and 
providing the associated information. Could Türkiye please provide a list of items (based 
on HS tariff lines) and compatibility with the Customs Valuation Agreement in case of 
declaration by importers of a customs value above the c.i.f. threshold to avoid the process 
of obtaining a certificate?  
 
Answer:  The surveillance certificate does not prevent the implementation of the provisions 
of the Customs Law No.  4458 dated 27/10/1999 regarding the customs value of the goods. 
The c.i.f . value specified in the surveillance does not constitute the basis for the 
implementation of the provisions of Law  No. 4458 regarding the customs value of the goods. 
In this regard, since there is no direct relation between the implementation of the value 
provisions in the Customs Law No.  4458, which are in full compliance with the WTO Customs 
Valuation Agreement, and  certain c.i.f . values used for benchmarking purposes within the 
scope of surveillance practice, these values do not affect conformity with the Customs 
Valuation Agreement.  
All details of the surveillance applications of Türkiye are announced to the public in the Official 
Gazette.  
 
EU question 26: Could Türkiye please provide information on the number of applications 
for obtaining a surveillance certificate and number of cer tificates issued and subsequently 
submitted at customs? What is the percentage of imports of goods (by volume and value) 
under surveillance mechanism with or without certificates?  
 
Answer:  The purpose of import surveillance system is to closely monitor and  to collect specific 
data regarding the imported products. The information submitted by importers in applications WT/TPR/M/439/Add.1  
 
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  for surveillance document provide a wide range of data regarding the production, 
transportation and sales processes of the product subject to surveillance. The purpose and 
the practice of the Ministry of Trade to analyse  this specific product data. In this regard, the 
Ministry does not have a purpose or study of calculating the percentage of imports with or 
without certificate.  
 
3.1.3.2 WTO bou nd duties  
Paragraph 3.30, page 54:  "As at the time of the previous Review, a full comparison between 
Türkiye's bound and applied rates was not possible due to nomenclature differences (Türkiye's 
schedule of bound commitments is in the HS02 nomenclature, wh ile its MFN applied tariff is based 
on the HS22 nomenclature). As such, about 36% of tariff lines could not be compared. This 
notwithstanding, it appears that for at least 31 tariff lines the applied MFN rates exceed bound rates 
(Table  3.4)."  
 
EU question 27:  Could Türkiye please clarify whether it plans to update its schedule of 
bound commitments in HS22 nomenclature?  
 
Answer:  Türkiye is currently working to transpose its schedule to HS 2007. Before reflecting 
the HS amendments for the years 2012 , 2017 and 2022, the control procedure  carried out 
regarding the HS 2007 amendment should be approved in the WTO Market Access Committee. 
The notifications will be made to the Committee in due course.  
 
EU question 28:  Could Türkiye please elaborate on Secr etariat's assessment on the tariff 
lines applied MFN rates exceeding bound rates?  
 
Answer:  Within the framework of EU -Türkiye Customs Union, Türkiye has the obligation to 
undertake EU's Common Customs Tariffs (CCT) regarding the imports from third countries. 
The case for the 47 tariff lines, the applied MFN rates have been implemented as the sam e 
rates with the CCT rates, apparently exceeding Türkiye's bound rates in certain tariff lines.  
 
3.1.3.4 Preferential tariffs  
Paragraph 3.34, page 56:  "For all tariff items in its Goods Schedule, Türkiye has bound "other duties 
and charges" (Article  II.1(b) of the GATT) at non -zero rates for all items except for those marked 
"free" (646 tariff lines according to the latest certified bound schedule). As indicated above, the Mass 
Housing Fund levy has been abolished, and has effectively been in tegrated into the MFN applied 
tariff as part of the AFLs. As indicated in Türkiye's previous Review, taxes of 4% applied to imports 
arriving by maritime transport and 3% for imports arriving by road, rail, or air transport. Information 
was not available on  whether these taxes are still levied."  
 
EU question 29:  Could Türkiye please explain whether the taxes are still levied? If the 
taxes are still levied, could Türkiye please explain why there is a higher tax rate for 
imports arriving by maritime transport?  
 
Answer:  Türkiye has bound to levy 4% tax to imports arriving by maritime transport and 3% 
for imports arriving by road, rail or air transport. Those taxes currently are not applied.  
 
3.1.4.4 Strip stamps for alcoholic beverages and tobacco products  
Parag raph 3.48, page 60:  "Türkiye continues to implement a strip stamp requirement for alcoholic 
beverages and tobacco products, with exemptions applying to alcoholic beverages of 5 cl or less and 
wine during the ageing process. As indicated in the previous Rev iew, strip stamp prices are the same 
for domestically produced and imported products, except for beer, where apparently the price 
difference is due to the cost of the stamp paper (Table 3.10). Stamp prices increased significantly 
over the review period. Fo r imported goods, the codified label may be affixed at production sites 
abroad before the products are shipped to Türkiye, in the customs areas in Türkiye, or at the facilities 
of an authorized company in the provinces of Istanbul, Izmir, or Mersin. Strip stamps are an 
important element in preventing IP piracy."  
 
EU question 30:  Could Türkiye please clarify whether it plans to harmoni ze SCT payment 
conditions for imported and domestic spirits? If yes, when will this harmoni zation happen; 
if no, why not?  
 WT/TPR/M/439/Add.1  
 
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  Answer:  Special Consumption Tax is collected at the import stage for the import of vehicles 
that are not subject to recording and registration in list (II), tobacco products and alcoholic 
beverages in list (III), consumer durable goods and other goods in l ist (IV) annexed to the 
Special Consumption Tax Law No.  4760. 
This practice mainly stems from the structure of the indirect tax system applied in Türkiye and 
the existing legal regulations. As a matter of fact, in Value -Added Tax, which is another indirect  
tax, taxation is levied at the stages of importation and domestic delivery.  
In addition, pursuant to the provisions of the aforementioned Law, SCT is calculated and 
collected at the same time with the customs duty for imports subject to customs duty and 
SCT is calculated and collected as of the date of registration of the declaration or other 
documents accepted in accordance with the customs legislation for imports are not subject to 
customs duty.  
Therefore, SCT is collected in the import of goods subject to customs duty within the 
framework of the procedures and principles subject to customs duty.  
In addition, no provision in the SCT legislation of our country allows for the postponement of 
the goods in question until the final consumption stage, similar t o the tax warehousing or 
postponement practice in the European  Union  legislation for the movement of the goods within 
the Union. This situation is valid, not only for imported goods but also for domestically 
manufactured goods, and regardless of whether th e delivered goods are acquired for 
consumption or trade, they must be declared and paid by the manufacturers or importers 
within the specified periods.  
Therefore, there is no tax discrimination between domestically produced alcoholic beverages 
and imported  ones.  
 
Eu question 31:  Could Türkiye please specify whether it is willing to facilitate the banderol 
(tax stamp) acquisition for imported spirits by simplifying and accelerating the acquisition 
process using a bank guarantee letter?  
 
Answer:  No change at the system is foreseen for the time being.  
 
3.1.5.1 Import licensing  
Paragraph 3.53 and 3.54, page 62:  "Importers must be licensed by the Department of Tobacco and 
Alcoholic Drinks within the Ministry of Agriculture and Forestry to import alcohol. Only members of 
the Borsa Istan bul Precious Metals Market may import unwrought precious metals. Importers of 
rough diamonds must be authorized by the Ministry of Treasury and Finance (MoTF) in accordance 
with the Kimberley Process Certification Scheme. Importers must obtain a control ce rtificate to 
import pharmaceuticals, certain organic chemicals, vaccines for humans and animals, chemicals 
used in cleaning and the food industry; hormones; and certain animals, animal products, and plant 
materials for production.47 Import licensing (certi fication) requirements for consignments of goods 
subject to import surveillance are set out in Section  3.1.1.1. Türkiye's latest notification of its import 
licensing procedures was submitted in September  2022. 48 As previously, import licensing applies 
to certain goods to enforce compliance with international conventions, for national security, or for 
public/worker safety (Table  3.12)".  
 
EU question 32:  Could Türkiye elaborate on the lack of import licensing certification 
requirements for consign ments of goods subject to import surveillance in its latest 
notification of September  2022? Is import possible without a certification for the goods 
subject to a value -based surveillance and if so under what circumstances?  
 
Answer:  Türkiye's import surveil lance mechanism shall not be considered within the scope of 
The Agreement on Import Licensing Procedures.  
 
3.1.6.1 Anti -dumping and countervailing measures  
Paragraph 3.56, page 63:  "Türkiye's laws and implementing regulations on anti -dumping and 
countervailing measures remain: Law No.  3577 of 1989 on the Prevention of Unfair Competition in 
Imports (as amended by Law No.  4412 of 1999); Decree No.  13482 /1999 on the Prevention of Unfair 
Competition in Imports, as amended in 2005 and 2020; and the Reg ulation on the Prevention of 
Unfair Competition in imports, as amended in 2002 and 2006. Article  9 of Decree No.  13482  was 
amended in 2020 to allow the Board, with the approval of the Ministry of Trade, to partially or wholly 
suspend or amend an anti -dumpi ng measure in force when imports of a product are also subject to 
safeguard measures. Such decisions are applicable prospectively from their date of entry into force 
and refund of amounts collected prior to such a decision may not be made."  WT/TPR/M/439/Add.1  
 
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EU question 33 : Could Türkiye please elaborate in detail on these policy changes 
preventing a double remedy as foreseen in the Article  9 of the Decree No.  13482 ? 
 
Answer:  According to the Article  9.3 of the Decree on the Prevention of Unfair Competition 
in Imports which was published in the Official Gazette dated 22/10/2020 and entered into 
force, the anti -dumping and countervailing duty measures in force on the import of a product 
for which a safeguard measure is applied in accordance with the Legislation o n Safeguard 
Measures in Imports may partially or wholly be suspended or form of measures may be 
amended, for a time limited to the period during which safeguard measure remains in force, 
by a decision of the Board and approval of the Ministry. Decisions to  be taken under this 
provision should be applicable prospectively from the date of their entry into force and refund 
of amounts collected prior to that date should not be requested.  
 
With the addition of this new rule, it is possible to suspend the imposit ion of anti -dumping and 
countervailing duty measures while a safeguard measure is in force for the same product.  
Assuming that a safeguard measure (15% of c.i.f. value) was put in place while an 
anti-dumping measure (25% of c.i.f. value) was in place for o ne product originated in Utopia, 
in order to prevent duplication, 15% part of the anti -dumping measure may be suspended. 
And the anti -dumping measure for the product originated in Utopia will be 10 % as long as the 
safeguard measure remains in force.  
 
If the safeguard measure and the anti -dumping measure for Utopia were at the same level, 
the anti -dumping measure would be suspended wholly for Utopia throughout the duration of 
the safeguard measure.  
 
3.1.7.1 Local content measures  
Paragraph 3.66, page 67:  "Local content requirements are contained in some government 
procurement tender specifications (Section  3.3.6). As indicated in Türkiye's previous Review, under 
the Law on Healthcare Public -Private Partnerships (PPPs), at least 20% of the medical equipment  
used in PPP healthcare facilities must be locally produced.63 The DS583 dispute concerned the 
application of a localization requirement as a condition for the reimbursement of pharmaceutical 
products under Türkiye's universal health insurance scheme. In A ugust  2022, Türkiye indicated its 
intention to implement the recommendations and rulings of the Panel and Arbitrators in this dispute."  
 
EU question 34:  As indicated in the report, Türkiye has some local content requirements 
or locali zation plans in place (renewables, railway transportation vehicles, and tobacco 
products, in addition to medical devices) The locali zation requirement on pharmaceuticals 
was the subject of a WTO dispute and Türkiye indicated its intention to implement the 
rulings of the Panel a nd the Arbitrators. Could Türkiye please clarify whether it plans to 
continue its locali zation schemes in the upcoming period and if so, why?  
 
Answer:  Türkiye believes that well designed and WTO compatible localization policies can be 
part of industrialization policies especially for developing countries.  
Türkiye will support its domestic production with various incentives in line with the WTO 
obligations.  
 
3.3.1.2 TÜBITAK support schemes  
Section  3.3.1.2, page 74:  TÜBITAK support schemes  
 
EU qu estion 35 : We understand that the TUBITAK designed subsidy schemes are provided 
in grants. Could Türkiye please specify whether there any other forms of subsidies granted 
by TUBITAK? Is there a formal transparency registry listing the schemes, including al l the 
details of the subsidies granted?  
 
Answer:  Subsidies given for the R&D projects of researchers within the scope of ARDEB 
programmes are all in grant forms. Details on the grant programmes of ARDEB, such as aims, 
scopes, budget, duration, application rules, guidelines, statistics etc., can be reache d form 
TUBITAK website https://tubitak.gov.tr/en/funds/academy/national -support -programmes . 
The information on the industrial support progr ammes can be reached via  
https://tubitak.gov.tr/en/funds/industry/national -support -programmes . WT/TPR/M/439/Add.1  
 
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  Besides regular grant programmes; under  the Technology and Innovation Support Programs 
there are also Türkiye Green Industry Project and Investment -Based Entrepreneurship 
Support.  
 
3.3.1.4 WTO notifications on subsidies  
Paragraph 3.98 and 3.9, pages 79 -80: "In 2021, Türkiye notified its support programmes to the 
Committee on Subsidies and Countervailing Measures. This notification lists several of the KOSGEB 
and TÜBITAK schemes contained in Tables 3.18 and 3.19, together with details on Türk Eximbank's 
facilities, export subsidies for agricultural products, and support to the fisheries and maritime 
transport sectors. Support to the fisheries and maritime transport sectors takes the form of a zero -
rated Special Consumption Tax (SCT) on marine fuels, namely die sel and fuel oil applied since 2003 
(Section  3.1.4.2). The stated aim of the measure is to maximize the potential of seas surrounding 
Türkiye and ease the burden on land transportation. In accordance with Presidential Decree No.  2728 
of 9 July 2020, eligib le beneficiaries of the tax reduction are vessels registered in the Turkish national 
and international ship registries; vessels carrying cargo and passengers or servicing the cabotage 
line; and commercial yachts and fishing vessels."  
 
EU question 36:  Could  Türkiye please clarify whether the vessels registered in 
international ship registries were able to claim the preferential tax rate?  
 
Answer:  Earnings derived from the operation and transfer of ships and yachts registered in 
the Turkish national and Turkish international ship registries are exempt from Special 
Consumption Tax.  
 
3.3.2 Standards and other technical requirements  
3.3.2.1 Legal and institutional framework  
Paragraph 3.104, page 81 : "There were several changes to the legal and regulatory framework for 
technical regulations over the review period. The Product Safety and Technical Regulations Law (Law 
No. 7223) entered into force in Marc h 2021. This replaces previous legislation (Law No. 4703 on the 
Preparation and Implementation of Technical Legislation of Products) and transposes EU rules on 
harmonized products as set out in Regulation (EU) 2019/1020, Regulation 765/2008/EC, Decision 
768/2008/EC, Regulation 2019/515, Directive 2001/95/EC, and Directive 2015/1535/EU. Law No. 
7223 covers general product safety, conformité européenne (CE) marking, conformity assessment 
procedures, conformity assessment bodies and notified bodies, inspection  market surveillance, and 
fines. Among the changes introduced by the new law are: (i) definition and clarification of the 
responsibilities of the economic operators in accordance with the current EU legislation; (ii) 
introduction of mandatory product recal l for unsafe products; (iii) regulation of e -commerce with a 
perspective of product safety; (iv) blocking -off the content in case of a non -compliant products sold 
online; (v) product liability; (vi) traceability; (vii) improved notification of risks and me asures; and 
(viii) administrative fines in accordance with the gravity of the noncompliance. "  
 
EU question 37:  Could Türkiye please elaborate more on the experience gained after the 
implementation of Law No 7223? What are the effective results regarding e -commerce 
operators, such as fines, blocked content, unsafe products, non -compliance?  
 
Answer:  As of the enforcement of Law No.  7223 in 2021, market surveillance reports that 
covers all the relevant information including sanctions and fines is being published annually in 
the official website of Ministry of Trade ( https://www.ticaret.gov.tr/urun -guvenligi/piyasa -
gozetimi -ve-denetimi/izleme -ve-raporlama/yillik -veriler ). 
Draft Regulation on Market Surveillance of Products Offered via Distant Sales has been 
prepared to ensure product safety, consumer production and prevention of unfair competition 
in e-commerce. Draft is submitted to the opinions of public and private secto r. It is planned 
to be published by the end of the year.  
Moreover, the IPA Project of Product Safety on E -commerce is envisaged to start by the end 
of March  2024 with the aim of strengthening  the technical infrastructure and establishing and 
effective e -surveillance.  
 
3.3 Sanitary and phytosanitary requirements  
3.3.3.1 Legal and institutional framework  
Paragraph 3.120, page 85:  "Turkish Food Codex is a framework legislation that determines the 
national standards on minimum technical and hygiene criteria for food and food contact substances 
and materials, the maximum residue levels for plant protection products and veterinary drug s, food WT/TPR/M/439/Add.1  
 
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  additives, contaminants, sampling, packaging, labelling, transportation, storage, and analysis 
methods. The authorities indicate that Turkish Food Codex is prepared by taking into account the 
needs of Türkiye based on the EU acquis, FAO/WHO standar ds, and internationally accepted 
scientifically based approaches, and the legislation is updated as a result of the scientific assessment 
of the determined criteria, taking into account potential physical, chemical, and microbiological 
risks."  
 
EU questi on 38 : Could Türkiye please explain how it justifies the need for customs 
authorities to take substantial samples of spirits for analysis each time goods leave 
bonded warehouses?  
 
Answer:  There are two different aspects of the issue. The Customs, affiliated with the Ministry 
of Trade make the analysis in order to determine whether the Customs Tariff Statistics 
Positions (GTIP) classification of the declared product is correct. On the other hand, the 
Ministry of Agriculture and Forestry makes the conformity assessment of the product with the 
Turkish Food Codex. The sampling frequencies depend on the level of incompliances found in 
importation and updated every year in January.  
 
3.3.4.1 Price  controls  
Paragraph 3.133, page 88:  "[…] The Ministry of Health uses a reference price system to determine 
the wholesale and retail prices of pharmaceuticals under the 2017 Decision of Pricing of Medicinal 
Products for Human Use.153 Prices for pharmaceuti cals are determined using the lowest ex -factory 
prices (sales price to the warehouse/manufacturer sale price) in some EU member States as the 
reference. The currency for these base prices is the euro, with the euro/Turkish lira conversion being 
determined by applying the fixed exchange rate. " 
 
EU question 39:  The EU refers to a Presidency Decision has been published in the Official 
Gazette on the pricing of pharmaceuticals 
(https:// www.resmigazete.gov.tr/eskiler/2023/07/20230723 -6.pdf ) on 22  July 2023. 
Accordingly, the fixed exchange rate value of EURO calculated for the pricing of 
pharmaceuticals has been increased by 30.5% and is set at 1 EUR= 14.0387 TRY.  The rate 
was already increased by 36.37% on 15  December  2022 to 1 EUR= 10.75 TRY, to be valid 
in 2023.  This is still well below the current market exchange rate which is around 29.8 as 
of October  2023. The EU notes that the exchange rate for determining drug prices has not 
been updated sufficiently to reflect currency changes. This, combined with mandated high 
discounts, has resulted in significant losses for foreign pharmaceutical companies and 
difficulties in access to medicines. Could T ürkiye please clarify whether it intends to rectify 
this situation by amending the pricing methodology for pharmaceuticals so that it reflects 
the currency exchange rates with a more regular, predictable and realistic adjustments, 
and if so when?  
 
Answer: The sector's demands regarding pricing and licensing are carried out under the 
coordination of the Ministry of Health with the participation of relevant Ministries. Studies on 
medium and long -term solution proposals regarding these demands continue, taking  into 
account budgetary possibilities.  
Türkiye uses the reference pricing system and fixed euro value. Taking into account the 
changing value of the Euro, updates can be made on the fixed Euro value when deemed 
necessary. In addition, the Price Evaluation Commission reviews prices when necessary to 
ensure the availability of medicines on the market and to meet the needs of the market. 
Additionally, considering changing and evolving market needs, changes to the pricing 
methodology and strategy may be conside red when necessary.  
 
3.3.6.1 Basic legal and institutional framework  
Paragraph 3.158, page 96 -97: "The PPL grants exemptions to the relevant ministries for matters 
related to defence, security, or intelligence. Certain sectors or areas such as utilities, air transport, 
and R&D activities are also not covered by the PPL. With respect to SOEs, any institution, 
organization, association, enterprise, or corporation in which more than half of the capital, directly 
or indirectly, together or separatel y, is owned by those within the scope of the PPL, is required to 
follow the rules of the PPL."  
 WT/TPR/M/439/Add.1  
 
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  EU question 40:  Could Türkiye please provide information on the contract amounts of the 
procurements based on all exemptions provided in the PPL including certa in schemes such 
as public -private partnership projects?  
 
Answer:  According to the Public Procurement Monitoring Report of the Public Procurement 
Authority, the total number of exempted contracts were 15 ,196 (16 .81% of all public 
procurement contracts) tota l value of exempted contracts were TRY 129,486,137,000 
(17.66% of all public procurement contracts) in 2022.  
 
Paragraph 3.162, page 97:  " […] The State Supply Office, an affiliate organization of the MoTF, acts 
as a central purchasing body. However, public organizations are not obliged to purchase from the 
State Supply Office.  
 
EU question 41:  Could Türkiye please clarify whether it plans  to issue the list of products 
which public organisations are obliged to purchase from the State Supply Office?  
 
Answer:  The Presidential Decision No.  2645 on the Fulfilment of the Needs of Public Bodies 
by the Directorate General of the State Supply Office was published in the Official Gazette 
No. 31151 on 10 June 2020. According to the Decision, the Ministry of Treasury and Finance 
will identify and announ ce certain goods and services, among which those listed in the Main 
Statute of the State Supply Office (SSO) and public institutions will be obliged to procure the 
announced goods and services through the SSO. However, the aforementioned list has not 
been published yet.  
 
EU question 42:  Does Türkiye plan to increase the threshold below which state supply 
office is excluded from the public procurement law?  
 
Answer:  State Supply Office's procurement of goods or services within the scope of its 
commercial and  industrial activities below a certain threshold are exempted from PPL. This 
threshold is updated every year by Public Procurement Authority based on the Domestic 
Producer Price Index and is published in the Official  Gazette according to the Article  67 of PPL.  
 
3.3.7 Intellectual property rights  
Paragraph 3.175, page 102:  "An effective system for protecting undisclosed test and other data 
generated to obtain marketing approval for pharmaceutical and agrochemical products (RDP) is an 
incentive to attract investments in pharma sector. Despite the fact that Türkiye has in place a 
regulatory data protection regime since 2005, we are concerned about its limited scope (biologics 
and combination products are excluded) and length (the minimum six -year protection period starts 
running with the date of the first marketing authorisation in any country of the EU -Türkiye Customs 
Union)."  
 
EU question 43:  Could Türkiye please clarify whether it is willing to review the RDP regime 
to create better conditions for foreign and local investments in pharmaceutical industry?  
 
Answer:  TİTCK made the national regulation regarding data exclusivity in the "Regulation on 
the Marketing Authorization of Medicinal Products for Human Use" in 2005, based on the 
relevant 2001/83/EC directive, and this regulation is still valid. As stated in Article  9 of the 
said Regulation on the Marketing Authorization of Medicinal Products for Human Use, the data 
exclusivity period is six years in Türkiye, starting from the marketing aut horization date of the 
pharmaceutical product, limited to the patent period. As can be seen in the Regulation on the 
Marketing Authorization of Medicinal Products for Human Use published in the Official Gazette 
dated 11  December  2021 and numbered 31686, wh ich regulates the relevant provision, no 
changes were made to the article.  
 
3.3.7.1 Legal and institutional framework  
Paragraph 3.189, page 104:  "Article 44 of the Copyright Law provides that natural and legal persons 
who manufacture or import for commerci al purposes any kind of materials carrying works such as 
blank video cassettes, audio cassettes, computer discs, CDs, DVDs, and technical equipment for the 
reproduction of intellectual and artistic works are obliged to collect every month an amount to be 
determined by the Presidency, not exceeding 3% of the manufacturing or importation costs, and 
deposit it in a special account to be opened in a national bank in the name of the Ministry of Culture 
and Tourism. The Presidential Decision, published on the Off icial Gazette No. 31058 on WT/TPR/M/439/Add.1  
 
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  4 March  2020, provides the definitions of technical equipment and the range of the percentages. 
Smart mobile phones were also included in the scope of this decision for the first time in Türkiye."  
 
EU question 44:  Could Türkiye p lease provide more information on the new fees collected, 
notably the amount (how it is assessed and calculated) and the use of them (statement 
of collections and expenses)?  
 
Answer:  The Presidential Decision indicates  the percentages for deduction from these 
imported or manufactured goods. For instance, in accordance with the Decision, the importers 
or manufacturers of smartphones have to pay 1 % of the value. Fees are collected by the 
Ministry of Culture and Tourism. To calculate the amoun t of deduction from the goods, the 
manufacturers declare the value during online submission. For imported goods, the importers 
declare the value within the process of customs clearance before crossing the border. Other 
deduction percentages are provided be low: 
- Printers and offset printing machines; 0 .5% 
- Computers, PCs, laptops, hard disk drives, multimedia external hard disks, USB sticks 
and memory sticks; 0 .5% 
- Smart phones; 1 % 
- Dictaphones with features of recording and copying; 3 % 
- Video cameras; 2 % 
- CDs, DVDs, flash drives, optical discs; 3 % 
- Radios with recording feature; 2 %, 
- Satellite recorders, screens/monitors with features of recording and replaying; 2 %. 
One-fourth of the collected amount goes to the treasury, and the remaining amount is used 
for strengthening the intellectual property system and the execution of cultural and artistic 
activities by the Ministry of Culture and Tourism in accordance with "the Regulation on the 
Procedures and Principles for the Use of Deductions Made from the Costs of  Supporting 
Materials Containing Intellectual and Artistic Works and Technical Devices for the Reproduction 
of These Works".  
 
Paragraphs 3.190 and 3.191, page 104:  "This measure aims at protecting the creative industries, 
as Türkiye is one of the top 10 pe rforming developing economies in trade in creative goods. 
Nevertheless, according to some sources, there are long -standing problems concerning the 
governance and management of collective management organizations because foreign right holders 
are not allowe d to become full members or participate in the decision -making process. On 
7 April 2022, the Regulation on Professional Associations in the Field of Copyright was adopted with 
the objective of making collecting societies more effective and transparent, and adapting to 
technological and international developments, particularly the relevant EU directive 2014/26/EU. In 
order to address issues encountered in the copyright regime, the secondary legislation was amended 
to make the system more effe ctive. The regulation on "The Authorization Certificate to be Given to 
Collecting Societies" entered into force on 1 January  2021 and the regulation "On the Authorization 
Certificate to be Given by the Owners of Intellectual and Artistic Works" was abolish ed. In order to 
strengthen the representation capabilities of collecting societies in licensing activities, a new 
regulation is being prepared in accordance with the Directive No.  2014/26." 
 
EU question 45:  The Copyright Law was amended bringing changes to  the collective 
management organisations (CMOs) and banderol regulation. The changes regarding the 
CMOs have introduced some novelties regarding establishment, membership and working 
principles of CMOs. However, it seems that a foreign producer cannot dire ctly become a 
member with a vote in a Turkish collecting society. Could Türkiye please clarify whether 
it is willing to review the legislation related to the membership requirements to CMOs and 
put an end to this discrimination? More specifically, as regar ds the collective management 
of rights, does Türkiye promote the transparency of collective management organisations 
as provided by the relevant EU directive 2014/26/EU, in particular as regards the 
revenues they collect, deductions applied to such income,  the use of the royalties 
collected, the distribution policy and their repertoire?  
 
Answer:  By-laws on the Collecting societies and Federations for the Authors of the Intellectual 
and Artistic Works and Restricted Right holders , which was the main legislation regulating the 
issues related with collective management organisations, was revoked and Regulation on 
Collecting Societies in the Field of Copyright was published on 7 April 2022.  WT/TPR/M/439/Add.1  
 
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  New Regulation aims to harmoni ze the amendm ents of Law No. 5846 on Intellectual and 
Artistic Works, national developments related with collecting societies, and Directive 
2014/26/EU of the European Parliament and of the Council of 26  February  2014 on collective 
management of copyright and related r ights and multi -territorial licensing of rights in musical 
works.  
 
In this regard, collecting societies shall perform their duties in a transparent, participatory and 
accountable manner. To elaborate, collecting societies shall determine membership criteri a in 
an objective, transparent and non -discriminatory criteria. In that regard, any right holder 
fulfilling the criteria, can get membership regardless of nationality status and exercise the 
rights stemming from membership. In other words, a collecting soc iety can not discriminate 
among different nationalities. On the other hand, there is an exception for legal persons. Right 
holders that are legal persons, should be established in accordance with the relevant Turkish 
Legislation. This exception has been in  force since 1999. In addition to the issue of full 
membership of foreign enterprises being on our agenda, our evaluation studies continue in 
terms of its sectoral effects.  
 
For the transparency issues, according to the Regulation, collecting societies sha ll publish an 
annual transparency report, which includes all income and expenses, compatible with 
regulations in the Directive 2014/26. These reports will be available at the web pages of 
collecting societies. Moreover,  membership criteria, members, repert oire, deductions and 
distribution policy is available at the web pages.  
 
3.3.7.2 International agreements and conventions  
Paragraph 3.195, page 105 : "During the review period, Türkiye modified the scope of some of its 
pre-existing legal commitments. In this regard, on 18  October  2019 the Government withdrew the 
declaration made under Article  14.5 of the Protocol Relating to the Madrid Agreement Concerning 
the International Registration of Marks (Madrid Protocol).223 This means that tradem ark owners 
may register trademarks in Türkiye via a subsequent designation filed through WIPO, also in respect 
of international registrations (basic marks) dated before the implementation date of the Madrid 
System (1  January  1999, the date on which the Mad rid Protocol entered into force in Türkiye). 
Furthermore, since 2021 Türkiye has been integrated to the Madrid System's online interface, which 
allows for international trademark registration applications to be completed directly and in a shorter 
time, as well as facilitating the post -registration management."  
 
EU question 46:  Could Türkiye please provide further information on opposition and 
invalidation procedures for trademarks and more specifically how the system works to 
ensure "proportionality in fees  and reasonable time" and to deal with "bad faith 
applications"?  
 
Answer:  
- Oppositions concerning a trademark application that was published in the Bulletin should 
not be registered in accordance with Articles 5 or 6 of the Industrial Property Code  6769 
(IPC), shall be filed by relevant person within two months following the publication of the 
trademark application.  
- The opposition shall be made to the Office in writing and with grounds. If the grounds for 
opposition are not submitted to the Office wi thin the period set out in the first paragraph, 
the opposition shall be deemed not to have been made.  
- In order for the examination of the opposition, it is mandatory that the opposition fee is 
paid and that the information regarding the payment of the fee  is submitted to the Office 
within the two months period of opposition by the opponent. The fee is not paid by the 
losing party, it should be paid by the opponent in all cases.  
- The Office shall request the applicant to submit his observations concerning th e 
oppositions within one month starting from the notification date of the document.  
- According to Article  19 (2) of the IPC, regarding the oppositions filed in the scope of the 
first paragraph of Article  6, provided that the trademark, which is the ground f or 
opposition, has been registered for at least five years at the date of application or date 
of priority of the application for which the opposition is filed, upon the request of the 
applicant, it shall be required from the opponent to submit evidence pro ving that he had 
genuinely used his trademark on the goods and services relating to the opposition during 
the five -years period before the date of application or the date of priority of the latter 
application or whether he has a proper reason for not using  his trademark during that WT/TPR/M/439/Add.1  
 
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  period. The time limit for submitting the evidence to TÜRKPATENT is one month from the 
date of notification of the request.  
- The maximum period for completion of opposition examination including the levels 
mentioned above is 10 m onths starting from the date of opposition. However, the average 
period of examination is 189 days.  
- In the examination of the oppositions based on bad faith, we look for concrete evidence. 
On the other hand, according to Article  25(6) of the IPC, where a t rademark proprietor 
has acquiesced in the use of a later trademark for a period of five successive years while 
being aware or should have been aware of this situation, trademark proprietor may not 
allege his trademark as an invalidation ground unless the r egistration of the later 
trademark is in bad faith.  
- The grounds for invalidation are mentioned in the Article  25 of the IPC.  
 
EU question 47:  Does Türkiye monitor and have plans to review the practice as regards 
trademark registration and the opposition p rocedure in this regard?  
 
Answer:  The Articles 19 and 26 relating to submission of proof of use and cancellation based 
on genuine use is a barrier for the applications with bad faith. TÜRKPATENT continues to 
receive feedback form the IP ecosystem users to make necessary regulations within that 
context.  
 
3.3.7.3 Border measures and enforcement  
Paragraph 3.201 and 3.202, page 106 and 107:  "[…] Despite recent legislative changes, concerns 
have been expressed regarding overall IP protection and enforce ment in Türkiye […]."  
 
EU question 48:  Could Türkiye please clarify whether it plans further legislative changes 
in order to increase the IP enforcement to address concerns (such as difficulties in 
obtaining search and seizure warrants by right holders con cerning counterfeit goods) 
referred to above in the Secretariat report?  
 
Answer:  Efforts to strengthen the legal and enforcement infrastructure in line with current 
developments in combating digital and physical piracy, as well as counterfeit goods are 
regularly carried out.  
 
Paragraph 3.204, page 107 : "Türkiye has 23 active courts across the country that specialize in IP -
related dispute cases […]."  
EU question 49:  The EU notes that the number of IP courts has decreased over the past 
years, notably in critical areas. Could Türkiye please specify whether it plans to reopen 
the Courts closed few years ago?  
 
Answer:   
The number of the related courts are presented below : 
LOCATION  Criminal Courts for Intellectual and 
Industrial Property Rights  Civil Courts for Intellectual and 
Industrial Property Rights  
Established  Active  Established  Active  
Ankara  2 1 5 5 
Antalya  1 1     
Bakırköy  3 3 2 2 
Istanbul  4 2 4 4 
Istanbul 
Anatolia  2 1 2 2 
Izmir  2 1 1 1 
General 
Total  14 9 14 14 
 
Paragraph 3.206, page 107:  "On 1 January 2019, mediation for commercial disputes regarding 
compensation claims became mandatory in Türkiye […]."  
 
EU question 50:  Could Türkiye please provide more information about this new procedure 
and its implementation in IP area?  
 
Answer:  Since November  2020, the expert mediator trainings have been provided to the 
mediators through the models prepared by Ministry of Justice on  fields such as commerce, WT/TPR/M/439/Add.1  
 
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  intellectual property, banking, finance, and energy law, and thus, the pool for expert 
mediators has been established. As of 10  May 2021, expert mediation practice was initiated 
on commercial law, banking and finance law, intellec tual property law, energy and mining law, 
health law, sport law, insurance law, and construction law.  
Currently, the practice of expert mediation on the abovementioned fields are performed 
efficiently in our country.  
 
Paragraph 3.207, page 107 -108: "The a mended Regulation on the Procedures and Principles 
Regarding the Banderole Requirement entered into force on 14 January 2021 and updated the 
procedures and principles of mandatory and optional banderole (strip stamp) requirements to 
combat piracy and IPR i nfringements. A banderole is the holographic security label or digitally 
produced security strip that is affixed on the reproduced copies of works and non -periodical 
publications and that disintegrates and loses the properties of the material to which it i s attached, if 
dismantled."  
 
EU question 51:  Digital piracy remains widespread in Türkiye. The Law of July  2022 
amending the Regulation on Electronic Commerce introduces some changes concerning 
removal of illegal content by intermediary service providers. The new rules have still some 
shortcomings, especially as regards the management of complaints and objections  of the 
users. When it comes to the physical piracy, the piracy of books is also a serious problem 
in Türkiye so arguably the Banderole Requirement is not sufficient. Could Türkiye please 
specify whether it plans further actions in addition to banderole sy stem and IPR related 
provisions of the e -commerce regulation in order to fight piracy?  
 
Answer:  Efforts to strengthen the legal and enforcement infrastructure in line with current 
developments in combating digital and physical piracy are regularly carried out. In addition, 
it is stated in many international reports that the Turkish Copyright Legislation already 
includes high deterrent prison and fine penalties and is already harmonized with the EU acquis  
and related international agreements.  
 
In terms of enforcement, detection of pirated books and initiation of judicial processes are 
carried out throughout the country by provincial inspection commissions operating in 
81 provinces, and if a violation is detected, an investigation is initiated ex officio  by the 
Prosecutor's Office.  
 
On the other hand, considering that cooperation with e -commerce platforms will yield more 
effective results in terms of fight against the sale of pirated books, consultation meetings were 
held with the representatives of Türkiye's leading e -commerce websites and a joint principle 
decision was reached to fight in cooperation to prevent pirated sales.  
 For this purpose, some data falling under the responsibility of the Ministry of Culture and 
Tourism (such  as certificate information for identifying sellers and ISBN and banderol 
information for books) were shared with these companies, thus aiming to detect sellers selling 
pirated goods.  
 
In addition, the registered addresses of sellers to whom consumers comp lain about selling 
pirated books in the e -commerce environment/province are inspected by the relevant 
Provincial Inspection Commissions. In addition to the active steps taken in practice, the 
Ministry of Culture and Tourism – DG for Copyright is also worki ng together with Collecting 
Societies representing publishers on further possible measures.  
 
In the coming period, it is planned to continue the cooperation between publishers, e -
commerce websites and the Ministry of Culture and Tourism, and to carry out s tudies to 
increase the awareness of consumers who buy books from e -commerce websites.  
 
Paragraph 3.209, page 108 : "IP crimes and penalties are pursuant to various IP laws and are both 
civil and criminal in nature […]."  
 
EU question 52:  As regards criminal enforcement procedures, under Turkish law 
enforcement authorities are competent to ex officio  confiscate pirated material and 
counterfeit goods in specific cases. In practice, however, according to stakeholders, 
authorities rarely take ex officio  actions. Could Türkiye please provide information 
whether Turkish law enforcement authorities take ex officio  actions to confiscate pirated WT/TPR/M/439/Add.1  
 
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  material and counterfeit goods and under what circumstances and if it could provide 
number of cases so far?  
 
Answer:  Turkish National Police (TNP) (General Directorate of Security) is the main 
responsible institution for fighting against counterfeiting and piracy within the domestic 
market. In order to fulfil its duties more effectively and to achieve the uniform impleme ntation 
of the enforcement measures, "Intellectual Property Crime Units" were established in all 
provinces under the Provincial Security Directorates of TNP.  
In order to combat with IPR crimes, responsible police units are in charge of determining the 
location of goods suspected of infringing IPR, conducting operations, seizure of goods 
suspected of infringing IPR, arresting suspects, preparing the official reports regarding those 
studies, submitting the goods seized in the operations and the documents prep ared regarding 
these operations to the judicial authorities and fulfilling the orders of judicial authorities during 
the investigation and prosecution.  
There are also Provincial Inspection Commissions (PICs) established in all provinces which are 
responsib le for the inspection of banderols on the copyrighted materials. PICs are composed 
of the representatives of the Provincial Security Directorates of TNP, Provincial Culture and 
Tourism Directorates, Municipalities, Ministry of Treasury and Finance and Coll ecting Societies. 
The PICs play a significant role in initiating the trial process as a result of the violations of 
copyright rules, especially banderol crimes by performing inspections ex officio  to identify any 
pirated materials.  
During these inspections , if a violation of the banderol obligation is detected (pirated book, 
pirated copy), the relevant Prosecutor's Office initiates an ex officio  prosecution, and a public 
lawsuit is filed.  
Between years 2019 and 2022; 3,210 operations were carried out by the  TNP/General 
Directorate of Security and PICs to fight against piracy, and 3,849,617 pirated materials were 
seized.  
 
4 TRADE POLICIES BY SECTOR  
4.1.6 Market access  
Paragraph 4.22, page 117:  "According to the information provided by the authorities, Türkiye has 
had TRQs on 3,071 tariff lines since 2016 on agriculture, processed agriculture products, and 
meat/fish. TRQs for certain agriculture and processed agricultural products are establishe d in 
Türkiye's agreement with the European  Union 22 and its RTAs with 18 countries.  23 The EU -Türkiye 
agreement on the trade of agricultural products was amended in 2018 to take into account a change 
in definition of a tariff rate quota for beef granted to  the European  Union ." 
 
EU question 53:  Could Türkiye provide data/ information on the use of quotas referred 
therein, to clarify whether or not these allocated quotas are used/fulfilled?  
 
Answer:  There are two allocation methods for the distribution of TRQs. One of them is the 
"request collection method" and the other one is the "first -come first -served method".  
Within the scope of the "Request Collection Method", TRQs are allocated to the applicant 
companies based on the specific criteria mentioned in the relevant Communique and 
afterwards import license is issued to the applicant company. Nevertheless, the decision 
regarding the utilization of quotas is the responsibility of the applicant, and in that respect the 
Ministry does not  monitor the utilization of these quotas.  
 
The TRQs which are allocated by the "First -Come First -Served Method", on the other hand, 
are allocated at the customs offices taking into account the order of the declarations of 
importation until all of the quota  is allocated. The remaining amount for the TRQ is announced 
on our Ministry's website for the importers instantly. 
(https://uygulama.gtb.gov.tr/KotaSorgulama/ )  
 
4.2 Support programmes  
Paragraph 4.23, page 117 : "Türkiye did not notify its domestic support programmes to the WTO 
between 2017 and 2021. Therefore, the discussion in this report on support programmes relies 
heavily on annual reports from the MAF and outsi de sources including the OECD. According to the 
MAF, Türkiye paid an estimated TRY 11.3 billion in support programmes in 2016 and TRY 23.4 billion 
in 2021.25 Support programmes included crop production, animal production, rural development, 
aquaculture, an d R&D (Table 4.7)".   
 WT/TPR/M/439/Add.1  
 
- 97 - 
 
  EU question 54:  Could Türkiye please provide information on the new support mechanisms 
other than the ones mentioned in Table  4.7? 
 
Answer:  Türkiye does not have support mechanism other than those mentioned in the report.  
 
Table  4.8, page 119:  Total PSE and SCT values for selected commodities, 2016 -21 
EU question 55 : Could Türkiye please clarify the reasons for the increase in the producer 
single commodity transfer for potatoes, which rose both in absolute and as percentage of 
gross receipts, from 38 in 2020 to 90 in 2021?  
 
Answer:  All agricultural supports are closely correlated with the input prices and should be 
evaluated in the time period granted.  
 
EU question 56:  Could Türkiye please clarify what are the gove rnment's support measures 
directly linked to the production of a potatoes which account for this increase in producer 
single commodity transfers for potatoes? How does Türkiye intend to notify this type of 
measures in their DS:1 notifications for CYs 2020 and 2021 since Türkiye has not yet 
submitted their Domestic support notifications for the period 2017 -2021?  
 
Answer:  Regarding the agricultural domestic support notifications, Türkiye is in the process 
of completing the notifications for the following years and will be notified when the studies are 
completed.   
 
4.2.1 Export Subsidies  
Paragraph 4.29, page 120:  "Between 2016 and 2021, there were no changes to the share of exported 
quantity eligible to receive the subsidies, except for honey wher e the share decreased from 32% in 
2016-17 to 20% in 2018 -21 (Table 4.9). The maximum payment rate remained the same for all 
commodities except for preserved poultry meat products, which increased from 10% in 2017 to 13% 
in 2018 -21 (Table 4.9)."  
 
EU questio n 57:  We note that there has not been an increase in Export subsidies. Could 
Türkiye please clarify whether it foresees this situation to change?  
 
Answer:  Türkiye eliminated entitlements (Export Subsidy Programme for Agricultural 
Products" -Decree No.  2018/12) at the end of 2022 for products or groups of products, in 
accordance with the Nairobi Ministerial Decision on Export Competition. (Presidential Decree 
No. 6614). 
 
EU question 58:  Concerning the subsidies and subsidy schemes mentioned previous 
questions (on fuel subsidies, Technology Development Zones, TUBITAK support schemes 
and Export Subsidies on Agriculture & Fisheries), could Türkiye please confirm that they 
have all been noti fied under the relevant ASCM provisions, and if not, could you please 
indicate when do you expect the notification to occur?  
 
Answer:  Türkiye regularly makes its notifications under the SCM Agreement.  
 
4.4.4.2 Maritime transport  
Paragraph 4.113, page 140:  "The mission of the Ministry of Transportation and Infrastructure for 
the maritime transport sector is to develop safe, secure, and environmental friendly transport. The 
Transport and Logistics Master Plan, developed by the Ministry, defines the main inves tment 
priorities in the maritime transport services sector until 2053 as follows134: (i)  increasing the 
number of port facilities from 217 to 255; (ii)  making green port applications more available; 
(iii) increasing the adoption of renewable energy sources  in ports; (iv)  developing autonomous ship 
voyages and increasing handling efficiency with autonomous systems in ports; and (v)  increasing 
navigational safety in the Istanbul Strait with the Canal Istanbul project."  
 
EU question 59:  Could Türkiye please ex plain whether the investments proposed by 
Transport and Logistics Master Plan are open for foreign companies to take part?  
 
Answer:  Investments proposed by Transport and Logistics Master Plan are subject to Turkish 
tender and procurement legislation in for ce.  
 WT/TPR/M/439/Add.1  
 
- 98 - 
 
  EU question 60:  Could the Turkish authorities please clarify how they calculate the light 
fees and lifesaving fees charged in the Dardanelles Strait? Could they provide detailed 
explanation on the methodology used (for instance, does Türkiye take the price of gold 
on a g iven day or an average over the last year)? Regarding the annual adjustments, could 
Turkish authorities please clarify whether Türkiye will also do potential downward 
adjustments – in case the price of gold goes down?  
 
Answer:  The taxes and charges which m ay be levied from merchant vessels and the unit 
taken into account in the calculations are defined in the Convention regarding the Regime of 
Straits. Türkiye has applied those taxes and charges in accordance with the Convention since 
the entry into force o f the Convention. The tariff is regularly announced and it is transparent 
to all stakeholders in the maritime industry. There is no potential downward adjustment and 
the tariff will be updated every year in accordance with the provisions of the Convention.  
 
Paragraph 4.114, page 140 : "Maritime transport activities are regulated mainly pursuant to 
Presidential Decree No.  1 published in the Official Gazette No.  30474  of 10  July 2018 and Decree 
Law No.  655 on the Organization and Duties of the Ministry of Transportation and Infrastructure, 
Chapter 5 of the Turkish Commercial Code (Law No.  6102 of 13 January  2011), and Law No.  815 of 
19 April 1926 on Shipping on the Coasts of Türkiye (Cabotage) and the Art a nd Commerce Within 
Ports and Territorial Waters.(135)  
(135) The Law on Shipping on the Coasts of Türkiye (Cabotage) and the Art and Commerce Within 
Ports and Territorial Waters stipulates the rules for the coastal and inland trade by the vessels flying 
the Turkish flag. It also contains provisions on the rights of Turkish -flagged vessels to transport 
goods and passengers from one point to another along Türkiye's shores and to perform towing and 
piloting and all other port services of any type within or bet ween Türkiye's ports and shores."  
 
EU question 61 : "Could the Turkish authorities please explain how the supply of pilotage 
services in the Dardanelles Strait as provided in Turkish law is compatible with T ürkiye's 
commitments under GATS for maritime transport services – freight transportation? More 
specifically, while foreign -flagged vessels must use pilotage services to cross the 
Dardanelles Strait, Turkish -flagged vessels are exempted from this obligation and 
whenever they decide to take a pilot on board, they benefit from a 20% discount. This 
distinction only applies to vessels calling at a port in the Marmara Sea, i.e. not to vessels 
in transit, and to vessels of a certain tonnage category, i.e. above 3000 GT. T ürkiye has 
committed to acco rd to services and service suppliers of any other Member, in respect of 
all measures affecting the supply of services, treatment no less favourable than that it 
accords to its own like services and service suppliers (GATS art. XVII). In its GATS 
schedule o f commitments, T ürkiye does not make reservations for maritime transport 
services – freight transportation (CPC 7212) that would cover the supply of the pilotage 
services in the Dardanelles Strait. In this context, could Turkish authorities please clarify 
how the pilotage services obligation described above  is compatible with T ürkiye's 
commitments under GATS?  
 
Answer:  Turkish Maritime Administration advices all ships to obtain pilot during their passage 
through the Turkish Straits (the Strait of Çanakkale and the Strait of İstanbul) to ensure safety 
of navigation and protection of marine environment against a pollution that might occur after 
an accident. However, according to existing regulations, ships in transit, regardless of their 
flag, do not have pilo tage obligation during their passage. The pilotage fees are defined 
according to the tariffs of Directorate General for Coastal Safety.  
 
Paragraph 4.115, page 140:  "According to Chapter 5 of the Turkish Commercial Law, the National 
Ship Register is reserv ed for vessels owned by Turkish citizens and companies majority -owned (51% 
or more) by Turkish nationals. Ships that fulfil the conditions under the Turkish Commercial Law can 
benefit from the rights stipulated under the Law on Shipping on the Coasts of Tü rkiye (Cabotage) 
and the Art and Commerce Within Ports and Territorial Waters."  
 
EU question 62 : Could Türkiye please explain what are the conditions to be fulfilled under 
the Turkish Commercial Law?  
 
Answer:  The right and obligation to fly the Turkish flag is subject to the matters contained in 
Article  940 of the Turkish Commercial Law.  
 WT/TPR/M/439/Add.1  
 
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  EU question 63:  Could Türkiye please explain whether the rights provided under the 
Turkish Commercial Law are only available to the vessels registered in the Turkish 
National Ship Register?  
 
Answer:  Main right provided for the Turkish flagged vessels is the Cabotage righ t. Cabotage 
rights are detailed in the Law No.  815 on Cabotage.  
 
4.4.4.3 Road  
Paragraph 4.117, page 140:  "Türkiye among other indicates that road transport is the preferred 
mode of domestic transport, accounting for more than 92.5% of the volume of freight and 92.8% of 
passengers in 2021."  
 
EU question 64:  Connectivity from cities to ports etc. thus plays a key role in the context 
of transport and logistic plans.  To avoid that major cities (so -called urban nodes) and 
their functional area (periphery)  become bottlenecks for connectivity along major trade 
routes, could Türkiye please specify whether it is considering to engage in the application 
of sustainable urban mobility plans (SUMPs) - including sustainable logistic plans - for 
such cities, with a focus on first and last mile delivery, multi -modal solutions for traffic 
to, from and around the city and its periphery?  
 
Answer:  In order to provide safer, cleaner, accessible and affordable mobility and contribute 
to liveability and sustainability in cit ies, the Sustainable Urban Mobility Plan (SUMP) projects 
were prepared within the scope of the Sectoral Operational Programme for Transport (SOPT) 
for the cities listed below and submitted to the Delegation of the EU (EUD) to Türkiye.  
These are:  
- EU Support to İzmir Sustainable Urban Mobility Plan Project  
- Kocaeli Sustainable Urban Mobility Plan Project  
- Smart Ankara Sustainable Urban Mobility Plan Project  
- Sustainable Urban Mobility for Trabzon Project  
- İstanbul SUMP: Stage II – Implementation Plan Proje ct 
- Düzce Sustainable Urban Mobility Plan Project  
These projects are being financed by IPA -II funds under EU -Türkiye financial cooperation – 
Instrument for Pre -Accession Assistance (IPA) mechanism.  
 
Paragraph 4.125, page 142:  "The Transport and Logistics Ma ster Plan, developed by the Ministry of 
Transportation and Infrastructure, lays out the priorities of the investments of the air transport 
services sector until 2053.145 The main priorities for the air transport sector include: (i) an increase 
in the numbe r of airports to 61 from 57; (ii) an increase in the number of inbound and outbound 
passengers from 214.9 million in 2023 to 344.4 million; (iii) the establishment and management of 
infrastructure for emission monitoring, reporting, and verification; (iv) the production of 
environmentally friendly bio -fuels and/or synthetic fuels for airline transport; and (v) the further 
development of regional airline cargo transport."  
 
EU question 65 : Could Türkiye please explain what specific measures have been 
undertak en or are planned as concerns the production of environmentally friendly bio -
fuels and/or synthetic fuels for airline transport referred to in point 4.125? How will 
"environmentally friendly" be defined in terms of sustainability criteria and GHG 
emissions  savings? Are there any specific measures foreseen on the side of their uptake?  
 
Answer:  The Green (Sustainable) Scenario was taken as a basis for the Transport and 
Logistics Master Plan and sustainability is an important issue for all sub -sectors of transport 
in the Plan. Since the Master Plan is a high -level policy document, it sets macro le vel targets. 
The expression mentioned in (iv) is a target for air transport to achieve until 2053. Necessary 
strategies, policies and action plans regarding to this target will be determined and 
implemented by relevant institutions during the monitoring an d evaluation phase of the Master 
Plan up to 2053.  
 
WT/TPR/G/439 – Government report  
4  trade policies  
Paragraph 4.6, page 14:  "On the other hand, with the rapid increase in e -commerce activities in the 
aftermath of the COVID -19 pandemic, to create a fair competition environment and prevent unfair WT/TPR/M/439/Add.1  
 
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  trade practices against sellers on e -commerce platforms, the new Turkish e -commerce L aw was 
formulated and was published in the Official Gazette on 1 July 2022.  " 
 
EU question 66:  Could Türkiye please explain the scope of this new e -commerce law?  
 
Answer:  On 1 July  2022, Grand National Assembly of Türkiye adopted the Law on the 
Amendment of the Law on Regulation of Electronic Commerce ("Law") as Law No. 7416. A 
change was made with this law and accordingly, new obligations, definitions, restrictions and 
administrative fines have been introduced.  
The Amending law establishes the definitions of "electronic commerce intermediary service 
provider (ECISP)", "electronic commerce service provider (ECSP)" and "net transaction 
volume".  
The definition of "net transaction volume"  and the number of transactions are used when 
determining the obligations of electronic commerce intermediary service providers and 
electronic commerce service providers.  
 
The obligations that will apply to e -commerce intermediary service providers have been 
divided into four groups based on their net transaction volumes.  
 
The main provisions of the new law can be summarized as follows:  
- Ensuring smooth and fair competition in the market,  
- Preventing intellectual and industrial property rights violations i n e-commerce 
marketplaces and preventing illegal content,  
- Prevention of unfair trade practices in e -commerce.  
- Separation of the sales of ECISPs own branded products from the e -commerce 
marketplace.  
- Preventing ECISPs from unfairly competing with their sellers by using the data they 
obtain.  
- Advertising and discount spending restriction; not engaging in advertising and discount 
activities that exclude competitors from the market.  
- Prevention of electronic commerce intermediary service providers from offeri ng e-wallet -
like services in their marketplace by themselves or by persons with the same economic 
integrity.  
- Restriction of cargo activities of electronic commerce intermediary service providers, 
except for sales in marketplaces, their sales as sellers and  their physical sales.  
- Prevention of electronic commerce intermediary service providers from serving as a 
classifieds platform at its e -commerce marketplace.  
- E-Commerce License.  
 
4.3 Türkiye – EU Relations  
Paragraph 4.47, page 19:  "As of September  2022, 16 chapters have been opened to negotiations, 
one of which was provisionally closed. EU membership is a strategic objective for Türkiye. Türkiye 
is committed to the EU accession process and to the reform agenda it entails. In this respect, Türkiye 
adopted the "EU Strategy" to accelerate the accession process on 18  September  2014. Lately, 
Türkiye updated its National Action Plan for the EU Accession (NAP), which is one of the three main 
pillars of the EU Strategy (political reform and communication strategy are the other two pillars), to 
cover the years 2021 -2023."  
 
EU question 67:  Could Türkiye please specify whether it will adopt the next edition of NAP 
covering the years 2024 and beyond?  
 
Answer:  The National Action Plan (NAP) for the EU Accession serves as a vital roadmap for 
enhancing Türkiye's alignment with the EU acquis . The NAP will undergo an update for the 
period of 2024 -2028. The work on updating the NAP is expected to start in the last quarter of 
2023 and is planned to be completed in 2024.  As in the previous edition of NAP, the updated 
NAP will be monitored regular ly by the Ministry of Foreign Affairs Directorate for EU Affairs 
with the contribution of relevant public institutions.  
 
Paragraph 4.51, page 19:  "Despite all, there occurred a need to revise and update the Customs 
Union."  
 WT/TPR/M/439/Add.1  
 
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  EU question 68 : The need to rev ise and update the Türkiye -EU Customs Union is 
mentioned. However, some implementation issues concerning the current Customs Union 
persist. Could Türkiye please specify whether it is ready to implement the current Customs 
Union to all EU member States, and  whether it is ready to address the breach to the 
Common External Tariff by removing additional duties on a series of products imported 
from third countries?  
 
Answer:  There are certain systemic and political issues in the implementation of the current 
Customs Union. Our approach is that those issues should not be a stumbling block preventing 
the negotiations of the modernization of the Customs Union which may, in any ca se, include 
an effective dispute settlement mechanism.  
 
As regards issues related to our bilateral arrangements with the EU, both Parties have several 
concerns on the implementation of the Customs Union, which are regularly discussed in the 
formal mechani sms established under the Customs Union, as well as in other high level and 
technical meetings. The current arrangement has several deficiencies and this architecture 
requires to be updated. For this reason, Türkiye also has put forward several breaches of  the 
EU in functioning of current arrangement. Having said this, Türkiye has shown its willingness 
and commitment to achieve reciprocal progress in trade concerns of both Parties related to 
the functioning of the Customs Union on several occasions and is e xpecting a decisive stance 
from the EU.  
 
4.3.1.1.4 FTAs under Ratification Process  
Section  4.3.1.1.4, page 20 : FTAs under Ratification Process  
 
EU question 69 : Türkiye is obliged to follow the EU's trade policy with respect to FTAs with 
third countries. Wh ile Türkiye has already implemented FTAs with third countries - such 
as with the Bolivarian Republic of Venezuela and Malaysia - in the absence of EU FTAs, 
could Türkiye please specify whether it intends to implement FTAs also with Qatar and 
Pakistan curre ntly under ratification, even in the absence of EU FTAs with those countries?  
 
Answer:  Türkiye is very well aware of its commitment of aligning its commercial policy with 
the EU's Common Commercial Policy. We believe that together with the Common Customs 
Tariff, the preferential trade regime constitutes an important part of the trade policy of Türkiye 
applied towards the third countries. Even though Türkiye and the EU start to negotiate FTAs 
with the same countries at the same time, there are sever al cases where the EU concludes 
and puts into effect FTAs without completion of FTA negotiations of Türkiye, as this has been 
the case with Japan, Mexico, a number of S outh American countries, Viet  Nam, Canada, 
South  Africa and Algeria among others. Theref ore, we believe that this is an issues to be 
addressed jointly by both sides.  
 
Indeed, once the Commission receives the necessary mandate from the European Council to 
conduct negotiations with a third country, Türkiye conveys its request to start FTA nego tiations 
with that country as well, regardless whether this will be in our interest or not. But, this does 
not necessarily mean the automatic launch of the negotiations as the relevant countries may 
prefer otherwise. Further, Türkiye is not obliged to adop t the exact content of the FTAs that 
the EU has signed, therefore, inevitably, in our FTA negotiations, our own priorities regarding 
industrial and commercial policy are also taken into consideration and this may be seen as 
divergence.  
 
Nevertheless, while  we do our utmost efforts to comply with our commitment but our 
willingness may not always result in the way we would prefer. Currently there are more than 
10 pending agreements with a number of countries who are not enthusiastic about concluding 
such agre ements with Türkiye while they do have such arrangements with the EU.  
 
Regarding the countries in question, the Agreement with Pakistan already entered into force 
on 1 May 2023. As well, Türkiye intends to put into force the Agreements with Qatar, Sudan 
and Ukraine soon. On the other hand, the Agreement with UAE entered into force on 
1 September  2023 and the Protocols updating the FTA with Malaysia has been signed on 
29 September  2022 and are under ratification process.  
Within this context, we are looking  forward to start working on revising the Customs Union 
and address the systematic problems as well as discrepancies faced in conducting FTAs.  WT/TPR/M/439/Add.1  
 
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4.4 Trade Facilitation  
Paragraph 4.93, page 23 -24: "For achieving a faster release of goods, in 2019, Türkiye has initiated 
a "Pre -arrival Processing" scheme for providing a way to submit data for import before arrival of 
goods to be processed. This way, a preliminary risk analysis can be done for goods a rriving through 
air or sea and enable rapid goods cleared through customs rapidly."  
 
EU question 70:  Could Türkiye please explain whether the "Pre -arrival Processing" 
scheme has proven to be effective and making handling of goods faster? If so, how?  
 
Answer:  Pre arrival processing, as a recent addition to the customs clearance methods, has 
been increasin g in terms of applications, number of declarations and types of goods. As 
preferred mostly by the importers of raw materials and semi -finished goods, the figures are 
indicating the success in minimizing the customs clearance time and showing that the trade  
facilitation goal has been achieved. In the forthcoming months, there will be considerations 
on whether it should be extended to the railway transport or not and there will be discussions 
about the necessity for expanding the list of the goods subject to the PAP due to the 
expectations from the importers.  
 
Paragraph 4.94, page 24:  "[…] On the other hand, Türkiye continues to work on transitioning to the 
updated version of its Common Transit System, which is integrated end -to-end with 36 countries, 
including European countries. The project aims to create a temporary storage place for  records of 
goods arriving by air and sea […]."  
 
EU question 71:  Could Türkiye please elaborate on the results of the pilot application on 
the sea route?  
 
Answer:  As a first step, technical arrangements were completed to automatically create 
temporary sto rage location entry records for goods arriving by sea, in line with the data kept 
electronically by port operators and shared with our Ministry via Container and Port Tracking 
System. Then, the technical arrangements were tested at two selected ports.  
 
Following the successful completion of the test runs, the pilot application was started as of 
12 October  2022. The comparison of port waiting times 45  days before and after the pilot 
application shows that the port waiting times for import and transit procedu res have been 
reduced by about 1 .5 days.  
 
As a result of the successful completion of the pilot application, the application has been put 
into operation as of 31 March  2023 in all seaports  where the Container and Port Tracking 
System is implemented. Before the implementation of automatic temporary  storage, 
temporary warehouse entry procedures were performed by the customs officer after all the 
goods are unloaded from the ship. Thanks to the application, these procedures are carried out 
faster, safer and automatically based on data gradually sent by  the port operator without 
waiting for the ship to be fully unloaded.  
 
5 future economic and trade policy goals  
Paragraph 5.2, page 25:  "Achieving its 2023 targets requires Türkiye to transform its export 
composition from low -tech to high -tech products, to  diversify its target markets and sectors for 
exports, and to pursue a pro -active policy both in goods and services exports. In the same vein, as 
the transformation of trade has been under way for some time, Türkiye needs to better locate itself 
in interna tional fragmentation of production in global value chains. Despite the considerable progress 
achieved in the last two decades, additional steps including those related to wider trade and 
economic environment are needed to be taken so that Türkiye, as a cou ntry perfectly located at the 
heart of multiple supply chains, could gain greater visibility in the global value chains. Further 
continuation of domestic reforms is believed to be lifting competitiveness in a way helping Türkiye 
to move up in the global su pply chains."  
 
EU question 72:  Could Türkiye please provide information on the new support mechanisms 
other than the ones mentioned in Table  4.7?  
 
Answer:  All relevant information is included in the table referred to.  
  WT/TPR/M/439/Add.1  
 
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  EUROPEAN UNION – FOLLOW -UP QUESTION  
EU question 43:  Could Türkiye please clarify whether it is willing to review the RDP regime 
to create better conditions for foreign and local investments in pharmaceutical industry?  
TİTCK made the national regulation regarding data exclusivity in the "Regulation on the Marketing 
Authorization of Medicinal Products for Human Use " in 2005, based on the relevant 2001/83/EC 
directive, and this regulation is still valid. As stated in Article  9 of the said Regulation on the 
Marketing Authorization of Medicinal Products for Human Use, the data exclusivity period is 6 years 
in Türkiye, s tarting from the marketing authorization date of the pharmaceutical product, limited to 
the patent period. As can be seen in the Regulation on the Marketing Authorization of Medicinal 
Products for Human Use published in the Official Gazette dated 11  Decemb er 2021 and numbered 
31686, which regulates the relevant provision, no changes were made to the article.  
 
Follow -up Question:  
Despite the fact that Türkiye has a regulatory data protection regime in place since 2005, we are 
concerned about its limited scope (biologics and combination products are excluded) and length (the 
minimum six -year protection period starts running with the  date of the first marketing authorization 
in any country of the EU -Türkiye Customs Union).  
The Turkish response does not reply properly to the initial question. Two points have been raised: 
the question related to biologics and combination products and  the starting date of the first 
marketing authorization  in any country of the EU -Türkiye Customs Union.  
 
Has Türkiye the willingness to review the RDP regime in order to comply with the highest 
international standards?  
 
Answer: The answer previously given remains valid and there is no new plan regarding the 
issue.  
  WT/TPR/M/439/Add.1  
 
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  INDONESIA  
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
SUMMARY  
Page 12 Para 22  
Over the review period, Türkiye issued a handful of food -related SPS regulations that 
impose higher tha n international standards. It also developed its own SPS measures in 
areas where no international standards exist or where regulations are not harmonized 
with the EU acquis . The Biosafety Board was abolished in 2018 and responsibility for approving 
GMOs an d GM products now rests with the Ministry of Agriculture and Forestry. As of end -October, 
there were 45 GM approvals for maize, soybeans, and genetically modified microorganisms. Specific 
trade concerns were raised in the WTO Committee on Sanitary and Phyt osanitary measures about 
Turkish import restrictions on sheep meat, rough rice, and cows for fattening and slaughter.  
Questions:  
1. Please describe the rationale behind the aforementioned measures and its product 
coverage.  
Answer: With regard to the SPS Agreement, Members have the right to take the sanitary and 
phytosanitary measures necessary for the protection of human, animal or plant life or health, 
provided that these measures are not inconsistent with the provisions of this Agreement. In 
addition, M embers may introduce or maintain sanitary or phytosanitary measures that result 
in a higher level of protection than the relevant international standards, if there is a scientific 
justification or as a result of the level of sanitary or phytosanitary prote ction that a Member 
determines to be appropriate under the relevant provisions of the Agreement.  
 
As a candidate country to EU, Türkiye has to transpose EU legislation to its national legislation. 
In the absence of any regulation in the EU legislation, int ernational standards, guidelines and 
implementation rules of the Codex Alimentarius Commission is taken into account while 
preparing the legislation.   
Regarding the STC 's, 
• Türkiye follows the emergency notification reports published in WOAH and determines  its 
import regulations within the framework of WOAH standards. Our country's practices are 
published on the website of our Ministry (https://yasakli.tarimorman.gov.tr/)  
• Article  7 of the International Plant Protection Convention (IPPC), titled Import 
Requirements, states that "In order to prevent the entry and/or spread of pests included 
in the regulations within the borders of their own country, in accordance with applicable 
international agreements, the contracting parties shall have independent authority to 
regulate the entry of plants and plant products and substances included in other articles 
into the country".  
Plant Quarantine Regulation dated 03  December  2011, numbered 281 31 regulates entry 
of the plants, plant products and other substances to Türkiye.  
According to the relevant regulation, if the plants, plant products and other substances 
to be entered into our country are found to be contaminated with harmful organisms 
subject to quarantine, the entry of the product is not allowed and the contaminated 
shipments are destroyed or returned to the country of origin in order to protect the plant 
production of our country from quarantine pests and to prevent their spread to new  areas.  
 
2. Could the government ensure that the measures are supported by strong scientific 
evidence and won't create unnecessarily obstacle trade?  
Answer:  Türkiye 's SPS measures are based on scientific principles and risk assessment is 
carried out by the Ri sk Assessment Department of The Ministry of Agriculture and Forestry. 
Türkiye attaches utmost importance to transparency provisions of the Agreement and is 
committed to obligations under multilateral trading system.  
 
All draft legislation is notified unde r the SPS and TBT Agreements.  
 
Risk Assessment Department within the General Directorate of Food and Control conducts risk 
assessments on animal health and welfare, plant health, feed and food safety based on 
scientific principles. Through Scientific Commi ssions composed of experts from research WT/TPR/M/439/Add.1  
 
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  institutes, research organizations and relevant faculties of universities and/or other experts, 
the Department conducts analyses that form the basis of risk assessments and provides 
scientific opinions. On the other  hand, Türkiye is a member of the Codex Alimentarius 
Commission and other international standard -setting organizations. International standards, 
guidelines and codes of practice of the Codex Alimentarius Commission are considered in the 
preparation of legi slation.   
 
1.2.1 Monetary and exchange rate policies  
Page 17 Para 1.14  
In May  2018, the CBRT simplified its monetary policy framework with the aim of enhancing its 
predictability and reinforcing the transmission mechanism.28 Since 1  June 2018, the one-week repo 
auction rate has become the CBRT's key policy interest rate. Moreover, it was decided that the 
CBRT's overnight -borrowing and lending rates would be set with a margin of +/ - 150 basis points 
around the one -week auction repo rate. Since then, this interest rate has fluctuated from as low as 
8.75% to a peak of 24%. The CBRT's Monetary Policy Committee gradually reduced its main interest 
rate from 19% in September  2021 to 9% on 24  November  2022. According to the authorities, 
Türkiye's monetary po licy aims to enable Turkish firms to increase investment, production, and 
exports so as to benefit from recent international trade developments that are favourable to Türkiye. 
Also, the authorities are using a targeted credit approach and aim at achieving price stability in the 
medium -term. According to the OECD, Türkiye would benefit from bringing the real policy interest 
rate into positive territory as long as inflation and inflation expectations diverge from official 
projections and targets. Restoring th e independence of the CBRT would also be important.  
 
Question:  
3. In accordance to the short -time changes on the auction repo rate, could Türkiye 
elaborate more deeply about how effective that policy in driving financial sector 
stability?  
Answer:  In order to restore the functionality of the monetary transmission mechanisms, a 
number of steps have been taken in monetary policy since June  2023. Following the monetary 
tightening, and the selective credit and quantitative tightening steps, which have been 
implemen ted to support monetary tightening, loan rates increased significantly. As a result, 
loan growth has slowed down and are in line with loan growth limits. In addition, the loan 
composition has improved and follows a more balanced path which contributes to 
macro-financial stability and disinflationary targets. The monetary tightening also raised TL 
deposit rates which had a positive impact on TL savings. The FX -protected deposits and FX 
deposits started to decrease due to the increase in TL deposit rates and the regulations 
encouraging TL deposits. Crucially, the gap between TL loan rates and deposit rates that had 
turned negative in May is now positive, indicating a healthier equilibrium in the financial sector. 
The tightening in monetary policy and suppo rtive measures implemented in the recent period 
will continue to enhance financial stability through different channels.  
 
1.3.3 Foreign direct investment  
Page 24 Table  1.4 FDI stock by sector and origin, 2016 -21 
Total FDI in banking sector remain high in 2020 (24 .2%) but sharply decreased in 2021 (12 .5%). 
Question:  
4. Could Türkiye kindly provide analysis about this circumstance? What does government 
do in response to this?  
 
Answer:  The decline in non -residents' direct investments in the Turkish banking sect or stems 
from the valuation effect (flow -stock reconciliation) observed in data used for the international 
investment position. International investment position indicates stock values which are 
measured at current market prices as of the dates involved (e nd-of-year market prices) and 
converted into USD at end -of-year exchange rates. USDTL exchange rate, which was 7.34 at 
the end of 2020, increased to 12.98 at the end of 2021, which had a significant downward 
effect on the USD equivalent of the related stoc k value. This valuation methodology is in line 
with the standards published by the IMF.  WT/TPR/M/439/Add.1  
 
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2.3 Trade agreements and arrangements  
Page 31 Para 2.3.1  
Since 1 January  2016, Türkiye has been involved in 4 new dispute settlement cases as complainant, 
3 cases as r espondent, and 37 cases as third party (Table  2.1). It has maintained a solid record of 
notifications to the WTO (Table  A2.1), with those outstanding in the areas of agriculture (export 
subsidies notifications from 2016 -21 and domestic support notifications from 2017 -21) and 
intellectual property rights (Industrial Property Code (Section  3.3.7)). Additionally, Türkiye's 
regional trade agreements (RTAs) with the Bolivarian  Republic  of Venezuela , Azerbaijan, and the 
Islamic Republic of Iran; its p articipation in the Developing 8 (D -8) preferential agreement and the 
Organisation of Islamic Cooperation's Trade Preferential System (OIC -TPS); and recent amendments 
to its RTAs with Bosnia and Herzegovina and with Montenegro have not yet been notified to  the 
WTO.  
Question:  
5. Could Türkiye share what is the legal basis of these cases? How significant the RTA 
amendment to disputing parties? Are there any impact of that dispute and its 
settlement to financial service?  
Answer : As can be seen on the WTO website,  the legal basis of disputes listed below that 
Türkiye has been involved as complainant:  
-DS513: Morocco - Anti-Dumping Measures on Certain Hot -Rolled Steel from Türkiye: On 
3 October  2016, Türkiye requested consultations with Morocco regarding the imposit ion of 
definitive anti -dumping measures, and certain aspects of the underlying investigation, by 
Morocco on imports of certain hot -rolled steel from Türkiye. Türkiye considered that the 
measures appear to be inconsistent with Articles 1, 3.1, 3.2, 3.4, 3.5 , 5.10, 6.8, 6.9, 18.1 and 
paragraph 1, 3, 5, 6 and 7 Annex  II of the Anti -Dumping Agreement; and Articles 3.2 and 3.3 
of the Agreement on Import Licensing Procedures; and Articles I:1, VI, X:1, X:2, X:3(a) and 
XI:1 of the GATT  1994. 
-DS523: United  States  - Countervailing Measures on Certain Pipe and Tube Products: On 
8 March  2017, Türkiye requested consultations with the United  States  with respect to 
countervailing measures imposed by the United  States  on certain types of pipe and tube 
products from Türkiye. Türkiye considered that the measures appear to be inconsistent with 
Articles 1.1(b), 2.1(c), 2.4, 10, 12.7, 14(d), 15.3, 19.4, 32.1 of the SCM Agreement; and 
Article  VI:3 of the GATT  1994. 
-DS564: U nited States  — Certain Measures on Steel and Aluminium Products: On 
15 August  2018, Türkiye requested consultations with the United  States  concerning certain 
measures imposed by the United  States  allegedly affecting imports of steel and aluminium 
into the United  States . Türkiye considered that the measures appear to be inconsistent with 
Articles 2.1, 2.2, 3.1, 4.1, 4.2, 5.1, 7, 8.1, 9.1, 11.1(a), 11.1(b), 12.1, 12.2 and 12.3 of the 
Agreement on Safeguards; Articles I:1, II:1(a), II:1(b), X:3(a), XI:1, XIII: 1, XIX:1(a) and 
XIX:2 of the GATT  1994; and Article  XVI:4 of the WTO Agreement.  
-DS595: European  Union  — Safeguard Measures on Certain Steel Products: On 
13 March  2020, Türkiye requested consultations with the European  Union  concerning the 
provisional and definitive safeguard measures imposed by the European  Union  on imports of 
certain steel products and the investigation that led to the imposition of those measures. 
Türkiye considered that the measures appear to be inconsistent with Articles 2.1, 2.2, 3.1,  
4.1(b), 4.1(c), 4.2, 4.2(a), 4.2(b), 4.2(c), 5.1, 5.2, 6, 7.1, 7.4 and 9.1 of the Agreement on 
Safeguards; and Articles I:1, II:1(b), XIII:1, XIII:2 and XIX:1(a) of the GATT  1994. 
Further clarification is needed to second and third parts of the question p osed by Indonesia.  
 
2.4.3 Investment incentive schemes  
Page 39 Table  2.3 Overview of Türkiye's investment incentive schemes  
Regional Investment Incentive Scheme, Strategic Investment Incentive Scheme, Priority Investment 
Incentive Scheme, and Project -Based Investment Incentive Scheme will get interest support.  WT/TPR/M/439/Add.1  
 
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  Question:  
6. Could Türkiye kindly explain further on what kind of interest support that will be 
received by investors? What are the terms and conditions to access this support?  
Answer:  It is a financial aid provided for loans with a minimum 1 -year maturity allocated 
within the scope of the Investment Incentive Certificate. A certain part of the interest 
disbursements is paid back to the investor. The total credit amount cannot ex ceed 70% of the 
total fixed investment amount subject to the incentive certificate. This support element is 
applied for investments to be made within the scope of project -based investments, strategic 
investments, priority investments and regional investmen ts located in the 3rd, 4th, 5th, and 
6th regions. However, in the project -based investments scheme, interest support terms could 
be arranged according to the conditions outlined in the Incentive Decree with a maximum 
utilization duration of 10 years.  
 
3.2.4 Export finance, insurance, and guarantees  
Page 72 Para 3.87  
According to the authorities, Türk Eximbank's interest rates differ on a programme basis, but they 
are broadly in line with market rates. They indicate that the Bank may have a different risk ap petite 
compared to private lenders, especially in times of economic turmoil, as seen during the COVID -19 
pandemic. It can also offer customers niche products addressing their specific needs and provide 
finance with longer tenors than the private sector, wh ile remaining in line with the OECD 
Arrangement on Officially Supported Export Credits  
Question:  
7. Could Türkiye share more information on how effective was this scheme in supporting 
exporter 's funding? Were there any obstacles for banks to analyse their mar ket to 
disburse their funding in current circumstances?  
Answer:  The differences among loan interest rates result from the Bank 's own funding and 
operational costs and market conditions. As also stated in the paragraph, rates do not deviate 
significantly f rom the market. We believe that our practice is effective since these financing 
instruments are especially important where private banks/institutions might refrain from 
offering financing due to high level of market/buyer risk or significant economic volat ility, such 
as COVID -19 pandemic. Therefore, Turk Eximbank plays an important role in meeting the 
demands of Turkish exporters. While doing so, however, it does not compete with commercial 
banks, but instead, complements them . 
 
3.3.1.3 KOSGEB support schemes  
Page 77 Table  3.19 Key features of KOSGEB support schemes, 2022  
Point 4 mentioned SME Finance Support Programme to boost funding for SME.  
Question:  
8. What are the schemes provided from government to be accessed by SME? How 
effective are these  programmes in supporting SME 's funding?  
Answer:  In the top policy documents (for example, the 12th Development Plan) that 
determine the purpose, method and road map for supporting SMEs, there are specific issues 
regarding the ecosystem including SMEs, esp ecially under the headings of "stable growth and 
strong economy" and "competitive production with green and digital transformation". plans 
and strategies are included. Some of the prominent items in these documents are as follows:  
• Green transformation will  be supported in the manufacturing industry, and cyclical and 
sustainable production practices will be increased.  
 
• R&D activities and technology transfer will be supported to adopt, develop and 
disseminate sustainable production and green transformation technologies.  
 
• SMEs' awareness of green transformation will be increased and sectoral transformation 
profiles will be created.  
• Digitalization applications commonly needed in SMEs will be met with a central 
infrastructure and supporting softw are tools.  WT/TPR/M/439/Add.1  
 
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  The support programs implemented by KOSGEB are prepared and implemented by taking into 
consideration the above -mentioned top policy documents and priority issues.  
 
As a result of taking into consideration the plans, frameworks and strategies included in the 
top policy documents, the support programs implemented by KOSGEB provide support to 
especially manufacturing and innovative SMEs in areas such as digitalization, innovation and 
green transformation.  
 
3.3.1.4 WTO notifications on subsidies  
Page 80 Para 3.100  
3.100 Additional fisheries support measures fall under the annual fisheries support programme. The 
programme comprises: (i)  support for traditional coastal and artisanal fisheries in the form of grant 
subsidies; (ii)  an aquacul ture support programme (grant subsidies); (iii)  a support programme for 
puffer fish elimination (grant subsidies); (iv)  zero-rated SCT for marine fuels for fishing vessels (see 
above); and (v)  discounted investment and operational loans from the Ziraat Ban k (Agricultural 
Bank).  
Questions:  
In the context of Türkiye 's fisheries sector, Indonesia would like to seek Türkiye 's views 
on the following issues:  
9. How does Türkiye ensure that subsidies are effectively and sustainably utilized to 
promote positive enviro nmental outcomes and support the livelihoods of artisanal 
fishers?  
Answer:  Aquaculture activities are carried out within the framework of the Law No.  1380 on 
Fisheries. Secondary legislation for the sustainable management of fisheries and aquaculture 
of the sector is established and updated in accordance with this law. In this framework, 
activities are carried out by determining protection areas in accordan ce with international 
norms and areas suitable for aquaculture and hunting, and necessary controls and inspections 
are carried out. Human health, animal welfare and environmentally friendly approaches are 
adopted in fisheries management.  
In order to ensure  the sustainability of agricultural production and food security, the 
development of needed technologies, protection of biological diversity and genetic resources, 
adoption of environmentally friendly approaches in agricultural production and increasing th e 
effectiveness of the policies implemented are taken into consideration when preparing the 
support program.  
With a view to ensure the sustainability of the sector and resources, support activities are 
carried out to protect and support small fisheries, re duce the fishing fleet, establish disease -
free enterprises, reduce or eliminate alien species infecting the source, and notifications 
regarding these support activities are made to the World Trade Organization within the 
framework of Article  25 of the SCM Agreement.  
10. What specific measures or policies does Türkiye have in place to achieve these goals, 
and how are they monitored and evaluated?  
 
Answer:  In order to ensure sustainability in fisheries resources, to prevent illegal, 
unregistered and unregulated fishing (IUU), to prevent overfishing and overcapacity, 
amendments were made to the Fisheries Law in 2020 within the framework of international 
rules. In addition to these rules, fishing vessels were completely removed from the fishing 
fleet on a voluntary basis. Secondary legislation has been regulated and updated in practice. 
Prior to the entry into force of the WTO Agreement on Fisheries Subsidies,  national legislative 
studies are carried out.  
 
11. How does Türkiye balance the need for economic development and growth in the 
fisheries sector with the imperative to protect and preserve the marine environment?  
 
12. What strategies has Türkiye employed to addre ss any potential trade -offs or conflicts 
between these objectives, and how have these strategies been implemented and 
evaluated over time?  
 WT/TPR/M/439/Add.1  
 
- 109 - 
 
  Answer  to question 11 and 12 : In order to regulate fishing, there are regulations such as 
Fisheries Law, regulations , instructions and circulars under this Law. These secondary 
regulations are made by taking into account the recommendations of the advisory board made 
up of representatives of the fisher s' upper management unions, breeders' upper unions, 
universities, res earch institutes affiliated to the Ministry and relevant public institutions. 
Fishing activities are monitored instantly and stricter measures can be implemented when 
necessary.  
 
PART II: QUESTIONS REGARDING THE GOVERNMENT REPORT  
4.1 Multilateral Trade Policy  
Page 15 Para 4.13  
The successful conclusion of the WTO's 12th Ministerial Conference (MC 12), despite being under 
very pressured circumstances, demonstrated the willingness of the countries to continue their 
commitment to the rule s based multilateral trading system with the WTO at its core. The partial 
conclusion of the Fisheries Subsidies Agreement is a sign that to reach multilateral agreements is 
still possible, despite the need to improve the functioning of the system.  
Question s: 
In light of the adoption of the WTO Agreement on Fisheries Subsidies at the 12th 
Ministerial Conference in June  2022, which represents a significant milestone in 
advancing ocean sustainability, Indonesia seeks to understand Türkiye 's perspectives on 
the following issues:  
13. What is Türkiye 's stance on the Agreement, as outlined in Ministerial Decision No 
WT/MIN(22)/33?  
Answer:  In order to discipline the subsidies to fishing or fishing related activities in support 
of illegal unreported and unregulated fishing. Türkiye believes that a multilateral discipline 
should be established. A balanced and effective discipline is crucial for the sustainability of 
global fish stocks. In this sense, Türkiye believes that phase 1 agreement on fisheries was  a 
very important step for preserving future fish stocks and shows that WTO plays crucial role in 
multilateral trading system. Türkiye also supports the signature of the second agreement on 
remained issues and actively participates to the second wave of ne gotiations.  
14. How does Türkiye view future negotiations related to fisheries subsidies, particularly 
in addressing the issues of overfishing and overcapacity, as well as special and 
differential treatment?  
 
Answer : Türkiye believes that the disciplines that need to be put in place should take into 
consideration of the needs of the developing countries in a sustainable manner that will not 
harm fish stocks in the future. In this sense Türkiye is of the view that subsidies related to 
fishing ac tivities that may contribute to overcapacity and overfishing should be banned only if 
it cannot be proven that they do not harm sustainability. Türkiye also thinks that subsidies 
related to distant water fishing activities under bilateral agreements should  be treated equally 
with other subsidies in this regard.  
 
15. How far has the ratification of the Fisheries Subsidies Agreement progressed?  
Answer:  The Fisheries Subsidies Agreement was ratified at the Turkish Parliament on 
4 October  2023, and Türkiye will dep osit the instrument of acceptance to the WTO in due 
course.  
 
4.4.1 Financial services  
4.4.1.2 Institutional and legal framework  
Page 127 Para 4.56  
Chart  4.4 illustrates the structure of financial services regulation, which changed during the review 
period.  
Chart  4.4 Structure of financial services regulation  
Sector: Banking, Capital Markets, Insurance  WT/TPR/M/439/Add.1  
 
- 110 - 
 
  Question:  
16. Could Türkiye kindly explain how is the deve lopment of Fintech ecosystem there and 
how is it regulated in Türkiye 's financial landscape?  
Answer:  The Fintech ecosystem in Türkiye, has rapidly evolved in recent years, witnessing 
significant advancements in digital payment systems, online banking and financial technology. 
Innovative startups and major financial institutions have focused on providing easier and 
faster financial services to consumers through mobile applications and digital payment 
solutions. Regulatory efforts in Türkiye regarding the fi ntech ecosystem aim to supervise, 
secure and stabilize the activities of Banks and financial companies. Banking Regulation and 
Supervision Agency defines and implements regulations. In this context, regulations cover 
aspects like security standards, data P rotection measures, and licensing processes . 
 
PART III: GENERAL QUESTIONS  
Telecommunications and E -Commerce  
Questions:  
17. How does Türkiye filter illegal content relate to intellectual property rights?  
Answer:  The Law No.  6563 on the "Regulation of Electronic Commerce " was amended with 
the amending Law No.  7416 published in the Official Gazette No.  31889  dated 07  July 2022. 
The amendment made in the third paragraph of Article  9 of Law No.  6563; regulates the 
liability of e -commerce (e -sale) platforms  in terms of direct intellectual property rights 
infringements.(including copyright and industrial property) . 
 
ARTICLE 9 - (1) Unless otherwise provided in other laws, the e commerce "intermediary 
service provider " is not responsible for any illegal issues related to the content offered by 
the e-commerce "service provider " and the goods or services subject to the content.  
 
(2) If the e-commerce  "intermediary service provider " is aware that the content provided 
by th e e -commerce  "service provider " is illegal, it shall remove this 
publication/content/product from Internet without delay and notify the relevant public 
institutions and organizations about the unlawful matter.  
 
(3) Upon the complaint of the right holder ba sed on information and documents regarding the 
infringement of intellectual property rights, (copyright and industrial property rights), the e -
commerce "intermediary service provider " shall remove the publication/content/product 
of the e -commerce "service provider " subject to the complaint from Internet and notify the 
situation to itself ( service provider)  and the right holder. If an objection based on 
evidentiary documents contrary of the complaint is submitted by the e -commerce "service 
provider " to the e-commerce "intermediary service provider ", the 
publication/content/product subject to the complaint will be republished. The complaints and 
objections shall include the explicit identity and address information of the relevant parties, 
information about t he product subject to dispute, the reasons why the product should be 
removed from publication, and other matters determined by the Regulation. Those concerned 
reserve the right to apply to judicial and administrative authorities in accordance with general 
provisions. The parties reserve the right to apply to judicial and administrative authorities in 
accordance with general provisions. " 
 
On the other hand, considering that cooperation with e -commerce platforms will yield more 
effective results in terms of fight against the sale of pirated books, consultation meetings were 
held with the representatives of Türkiye 's leading e -commerce websites and a joint principle 
decision was reached to fight in cooperation to prevent pirated sales.  
 
For this purpose, some data under the responsibility of the Ministry (such as certificate 
information for identifying sellers and ISBN and banderol information for books) were shared 
with these companies, thus aiming to detect pirated sellers. In addition, the registered 
address es of sellers to whom consumers complain about selling pirated books in the e -
commerce environment/province are inspected by the relevant Provincial Inspection 
Commissions.  
 WT/TPR/M/439/Add.1  
 
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  In addition to the active steps taken in practice, the Ministry of Culture and Tou rism – DG for 
Copyright is also working together with Collecting Societies representing publishers on 
possible measures. In the coming period, it is planned to continue the cooperation between 
publishers, e -commerce sites and the Ministry, and to carry out  studies to increase the 
awareness of consumers who buy books from e -commerce sites.  
 
18. Please explain the requirements for data localization.  
Answer:  According to Electronic Communications Law No.  5809 and related secondary 
legislation in Türkiye, transfer of traffic and location data of electronic communication services 
to abroad by operators shall be based on explicit consent. Before this consent, subscribers are 
to be informed about the country and t he scope of the data to be transferred, the name and 
full address of the third party where data to be transferred, the purpose of the transfer and 
the duration of processing.  
The primary objective of the recent amendment to Law No.  5651 (Internet Law), whi ch 
includes data localization requirements, is to reinforce collaboration with social network 
service providers. Within this framework, the aim is to establish a cooperative working 
environment with relevant Internet stakeholders, while mitigating challeng es stemming from 
differences in time zones and geography in the context of combating illegal content. This effort 
is driven by the dual objectives of elevating the quality of services and ensuring the security 
of user data.  
19. Indonesia is also interested in learning more about digital services tax.  
Answer:   
Digital Service Tax  
Law No.  7194; Date of Enactment: 12/5/2019; Effective Date: 3/1/2020  
General Communique on Digital Services Application: Official Gazette No:31074 Official 
Gazette Date: 3/20/2020  
 
1. Subject of the Tax:  The revenue obtained from the following services provided in Türkiye 
are subject to digital service tax (DST):  
 
a) All kinds of advertising services offered in the digital environment (including services such  
as advertisement control and performance measurement services, data transmission and 
management services concerning users, and technical services pertaining to the delivery 
of the advertisement);  
b) Sale of audio, visual or any digital content (including computer software, applications,  
music, video, games, in -game applications and the like) in the digital environment and 
services offered in the digital environment for listening to, watching, playing or recording 
such content on electronic devices or using  such devices in the digital environment;  
c) Services for the provision and operation of digital environments where users can interact 
with each other (including services provided for the sale or facilitation of the sale of a 
commodity or service among us ers). 
 
The revenues derived from the intermediary services provided by digital service providers in 
the digital environment for the services listed above are likewise subject to DST.  
 
2. Taxpayer and Authorised Tax Office : The taxpayer of DST are the digit al service 
providers. It shall not affect the liability of DST regardless of whether or not they are fully 
liable pursuant to the Income Tax Law or Corporate Tax Law, or whether or not they conduct 
the activities in question through their workplaces or per manent representatives in Türkiye in 
case of limited liability. The tax office authorised to impose DST is the Large Taxpayers Tax 
Office.  
 
3. Tax Base and Tax Rate:  The basis of DST is the revenue derived from the services subject 
to the tax in the corre sponding taxation period. The tax rate is 7.5%.  
 
4. Exemptions and Exceptions:  Taxpayers who, in the accounting period preceding the 
corresponding accounting period, have revenues of less than TRY 20 million in T ürkiye  or less 
than EUR 750 million or equiv alent foreign currency equivalent Turkish Liras in worldwide 
revenues in respect of the services mentioned in Article  1, are exempt from DST. In the event WT/TPR/M/439/Add.1  
 
- 112 - 
 
  that the taxpayer is a member of a consolidated group with respect to financial accounting, 
the total  revenue obtained by the group for the services subject to the tax shall be taken into 
account in the application of the limits in question. Revenues obtained from the following 
services in digital environment are exempt from DST:  
 
a) Services for which T reasury share is required to be paid pursuant to the Additional Article  37 
of the Law on Telegraph and Telephone;  
b) Services on which special communication tax is levied under Article  39 of the Law on 
Expense Taxes;  
c) Services stated in the Article  4 of the Banking Law;  
d) Sales of products manufactured as per R&D activities in R&D centres as defined in Article  2 
of the Law on Supporting Research, Development and Design Activities and services 
provided exclusively through such products;  
e) Payment services falling under Article  12 of the Law on Payment and Securities 
Reconciliation Systems, Payment Services and Electronic Money Institutions.  
 
Exemptions are mainly for the mobile operators (GSM operators) services and transmission 
services required for communication, banking and insurance transactions even if those 
performed by other companies than banks and it al so covers the services for payment 
services.  
 
5. Taxation Period, Declaration, Assessment and Payment of Tax:  The taxation period 
is a monthly period of the calendar year. DST is assessed upon the taxpayer's declaration. 
Tax declarations and payments can be made electronically via https://digitalservice.gib.gov.tr.   
 
Note: For the general framework of the Turkis h Taxation System:  
https://www.gib.gov.tr/sites/default/files/fileadmin/taxation_system2021.pdf  
 
6. Collection Amounts:  In 2021 and 2022, Türkiye's digital services tax collection was 0.24% 
and 0 .23% of total tax revenue respectively. In the January -Octob er 2023 period DST 
collection is around TRY 8 billion, and this amount corresponds to 0.23 % of tax revenues 
collected. The revenue target estimated in 2023 (Revised Budget) was TRY 9.2 billion. In 2024 
Central Government Budget Law estimates are TRY 15.6 billion for 2024, TRY 20 billion for 
2025 and TRY 23.8 billion for 2026. The shares of these amounts in tax revenues are 0.21 for 
2023, 2024, 2025 and 2026.  
 
  WT/TPR/M/439/Add.1  
 
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  JAPAN  
Report by the Secretariat (WT/TPR/S/439)  
3. TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures directly affecting imports  
3.1.4.5 Other taxes and charges on imports  
(Paragraph 3.49, page 60)  
 
Question 1:  
Japan would appreciate clarification on (1) whether the goods sold domestically on a 
credit basis are subject to a Resource Utilization Su pport Fund (RUSF) surcharge. If yes, 
whether the surcharge rate is the same as for imported goods; and (2) the RUSF surcharge 
is charged regardless of whether the goods are originating goods under Türkiye's RTAs.  
 
Answer:  Pursuant to the RUSF legislation, RUSF in import transactions is levied at the rate of 
6% on imports cost which is paid on credit, and not levied on import cost which is paid in 
advance.  
 
In addition, RUSF is levied at the rate of 15% on the interest accrued on the loans extended 
by banks or financing companies in the event that domestic purchases of goods are financed 
by consumers. In purchases of goods financed through this method, the origin of the goods 
bears no relevance with respect to the RUSF.  
 
The purpose of the RUSF on imports on  credit (term) or domestic purchases of goods on credit 
is not to discriminate between domestic and foreign goods, but to make it difficult for the 
importer or buyer to become indebted.  
 
In this regard, not all purchases and sales of goods are subject to RUSF, but the fund is levied 
on transactions on credit when the transaction in question is on credit or when credit is utili zed. 
 
3. TRADE POLICIES AND PRACTICES BY MEASURE  
3.2 Measures directly affecting exports  
3.2.2 Taxes, charges, and levies  
(Paragraph 3.71, page 69)  
 
Question 2:  
Japan would appreciate clarification on whether the taxes under the Support and Price 
Stabilization Funds are levied only for the specified goods that are exported but not levied 
for the same goods for domestic  consumption.  
 
Answer:  According to the "Article  2" of the Decree on Support and Price Stabilization Fund 
(No. 88/13384) financial sources of the fund are comprised of collections and deductions 
levied on the basis of export prices of certain export produc ts contained in the Decree; 
exchange rate differences to be collected in export transactions in accordance with "the 
Legislation on the Protection of the Value of the Turkish Currency " and the fund 's net assets.  
 
4. TRADE POLICIES BY SECTOR  
4.2 Support programmes  
4.2.1 Export subsidies  
(Paragraph 4.28, page 120)  
 
Question 3:  
Japan would appreciate Türkiye's clarification on whether the export subsidies provided 
between 2016 and 2021 was eliminated either by the end of 2022 or will be by the end o f 
2023 in line with the Ministerial Decision of 19  December  2015 on Export Competition 
(WT/MIN(15)/45, WT/L/980) of the WTO.  
 
Answer:  Türkiye eliminated entitlements (Export Subsidy Programme for Agricultural 
Products" -Decree No.  2018/12) at the end of 202 2 for products or groups of products, in 
accordance with the Nairobi Ministerial Decision on Export Competition. (Presidential 
Decree  No. 6614) . 
  WT/TPR/M/439/Add.1  
 
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  KAZAKHSTAN  
Question  
 
Please indicate if there is a dedicated website for posting information on trade remedies 
in force and the ongoing AD/CVD/SG investigations? If so, please  share  the link.  
 
Answer:  Information regarding trade remedies in force and the ongoing AD/CVD/SG 
investigations can be reached via https://www.trade.gov.tr/legislation/import/trade -defence -
policy .  
  WT/TPR/M/439/Add.1  
 
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  REPUBLIC OF KOREA  
PART I: Questions Regarding the Secretariat Report (WT/T PR/S/439)  
Import surveillance mechanism  
 
Page 11 (para. 11 – Summary)  
Türkiye continues to engage in efforts to facilitate trade with bordering nations, through simplified 
customs procedures and through cooperation protocols/agreements, and to monitor the import 
prices of selected goods under its import surveillance mechanism. Surveillance certificates must be 
obtained for the import of certain products, which involves the provision of additional data and/or 
informat ion. These data are used to evaluate domestic producers' claims of injury that might lead 
Türkiye to initiate a safeguard or anti -dumping investigation or to monitor if there is circumvention 
of trade remedy measures already in place.  
 
Page 47 (para 3.10 – Trade policies and practices by measure (3) / Measures directly affecting 
imports (3.1) / Customs procedures, valuation and requirements (3.1.1) / Customs procedures 
(3.1.1.1) –  
Türkiye continues to monitor the import prices of, and collect specific data  on, selected goods under 
its import surveillance mechanism. Under the system, surveillance certificates must be obtained for 
the import of certain products; to obtain this certificate, additional data and/or information must be 
provided. As indicated by t he authorities, data collected during this surveillance process are used to 
evaluate domestic producers' claims on injury that might lead Türkiye to initiate a safeguard or anti -
dumping investigation. Surveillance is also used to monitor if there is circum vention of trade remedy 
measures already in place. For some products, import surveillance is implemented to products below 
a certain c.i.f. value. For other products, there is no set price criteria. According to the authorities, 
this determination is made based on the characteristics of the product itself or the target of the 
surveillance application. For the products for which surveillance is applied to products below a certain 
c.i.f. value, the authorities indicate that this is to have the least effect on  other trade. However, 
concerns have been expressed that this may lead to over -invoicing, as importers may choose to 
declare a customs value above the c.i.f. threshold to avoid the process of obtaining a certificate and 
providing the associated information . A list of the items currently subject to import surveillance was 
not available.  
 
Page 63 (para. 3.55 - Trade policies and practices by measure (3) / Measures directly affecting 
imports (3.1) / Anti -dumping, countervailing, and safeguard measures (3.1.6)  
As indicated in Section  3.1.1.1, through its import surveillance mechanism, Türkiye requires 
importers of certain products to provide additional data/information beyond that which is included 
in the customs declaration, as this may be needed for future an ti-dumping and safeguard 
investigations. It is also used to monitor circumvention.  
 
Questions  
 
Could Türkiye please detail the process leading to the monitoring of imports of specific 
products under the import surveillance mechanism and describe the rights  of directly 
interested parties, including exporters of the selected products, to obtain information on 
the monitoring of imports of their products?  
 
Answer:  Import surveillance system is based on the Council of Ministers Decision 
No. 2004/7304 published in the Turkish Official Gazette dated 29/05/2004 No.  25476 . The 
purpose of import surveillance system is to closely monitor imports and to collect specific data 
regarding products whose imports are sharply increasing. Data collected during survei llance 
is crucial for the evaluation of the domestic producers ' claims on injury that might lead the 
Ministry to initiate an investigation of safeguard, anti -dumping or anti -circumvention.  
All the details of surveillance applications of Türkiye are announced to public by publishing in 
the Official Gazette. New surveillance applications and the updates to the current ones are 
regulated as secondary legislation (the Communiques). It is possible to reach all the 
surveillance Communiques of Türkiye via t he website of the Official Gazette below:  
T.C. Resmî Gazete (resmigazete.gov.tr)  
 
Reference is made to the use of data collected under the import surveillance mechanism 
"to ev aluate domestic producers' claims on injury". Are these claims notified to other 
interested parties? If so, please explain how.  WT/TPR/M/439/Add.1  
 
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  Answer : The process of surveillance mechanism is carried out within the context of Türkiye 's 
national legislation. According to this, no information is conveyed to any party before the 
decision is taken.  
 
Are surveillance certificates required for all products subject to the import surveillance 
mechanism? If so, what are the conditions and procedures to obtain surveill ance 
certificates?  
 
Answer:  Surveillance certificates are required for the products under certain unit value 
expressed in related Communiques. The details of applying procedure are determined in each 
Communique published in the Official Gazette.  
 
Could Türkiye please (i)  provide Members with a list of products currently subject to 
import measures and (ii)  indicate how the monitoring of goods under the surveillance 
mechanism is notified to directly interested parties and to the responsible WTO bodies?  
 
Answer:  All the details of surveillance applications of Türkiye are announced to public by 
publishing in the Official Gazette. New surveillance applications and the updates to the current 
ones are regulated as secondary legislation (the Communiques). It is p ossible to reach all the 
surveillance Communiques of Türkiye via the website of the Official Gazette below:  
T.C. Resmî Gazete (resmigazete.gov.tr)  
 
Pages 63 (para. 3.56 - Trade policies and practices by measure (3) / Measures directly affecting 
imports (3.1) / Anti -dumping, countervailing, and safeguard measures (3.1.6) / Anti -dumping and 
countervailing measures (3.1.6.1)  
Türkiye's laws and implementing regulations on anti -dumping and countervailing measures remain: 
Law No.  3577 of 1989 on the Prevention of Unfair Competition in Imports (as amended by Law 
No. 4412 of 1999); Decree No.  13482 /1999 on the Prevention of Unfair Competition in Imports, as 
amended in 2005 and 2020;  and the Regulation on the Prevention of Unfair Competition in imports, 
as amended in 2002 and 2006. Article  9 of Decree No.  13482  was amended in 2020 to allow the 
Board, with the approval of the Ministry of Trade, to partially or wholly suspend or amend a n anti -
dumping measure in force when imports of a product are also subject to safeguard measures. Such 
decisions are applicable prospectively from their date of entry into force and refund of amounts 
collected prior to such a decision may not be made.  
 
Questions  
 
Article  9 of Decree No.  13482 , as amended in 2020, allows the Board, with the approval 
of the Ministry of Trade, to partially or wholly suspend or amend an anti -dumping measure 
in force when imports of a product are also subject to a safeguard measure. Could Türkiye 
please explain the justification for maintaining a safeguard measure and an anti -dumping 
measure, even if the latter is suspended or amended, at the same time on imports of a 
given product? Could Türkiye terminate an anti -dumping measure or a safeguard measure 
imposed at the same time on imports of a given product under Law No.  3577  of 1989 on 
the Prevention of Unfair Competition in Imports, as amended by Law No.  4412  of 1999; 
Decree No.  13482 /1999 on the Prevention of Unfai r Competition in Imports, as amended 
in 2005 and 2020; and, the Regulation on the Prevention of Unfair Competition in imports, 
as amended in 2002 and 2006?  
 
Answer:  According to the Article  9.3 of the Decree on the Prevention of Unfair Competition 
in Impo rts which was published in the Official Gazette dated 22/10/2020 and entered into 
force, the anti -dumping and countervailing duty measures in force on the import of a product 
for which a safeguard measure is applied in accordance with the Legislation on Sa feguard 
Measures in Imports may partially or wholly be suspended or form of measures may be 
amended for a time limited to the period during which safeguard measure remains in force, 
by a decision of the Board and approval of the Ministry. Decisions to be t aken under this 
provision should be applicable prospectively from the date of their entry into force and refund 
of amounts collected prior to that date should not be requested.  
 
With this new rule, it is possible to suspend the imposition of anti-dumping and countervailing 
duty measures while a safeguard measure is in force for the same product.  
 WT/TPR/M/439/Add.1  
 
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  Assuming that a safeguard measure (15% of c.i.f. value) was put in place while an anti -
dumping measure (25% of c.i.f. value) was in place for one pro duct originated in Utopia, in 
order to prevent duplication, 15% part of the anti -dumping measure may be suspended. In 
this case, the anti -dumping measure for the product originated in Utopia will be 10 % as long 
as the safeguard measure remains in force.  
 
If the safeguard measure and the anti -dumping measure for Utopia were at the same level, 
the anti -dumping measure would be suspended wholly for Utopia throughout the duration of 
the safeguard measure.  
 
Pages 63 -64 (paras. 3.58 -59 - Trade policies and practi ces by measure (3) / Measures directly 
affecting imports (3.1) / Anti -dumping, countervailing, and safeguard measures (3.1.6) / Anti -
dumping and countervailing measures (3.1.6.1)  
3.58. Türkiye initiated 44 anti -dumping investigations during the period from  1 January  2016 to 1 
July 2022; it imposed 1 provisional measure and 33 definitive measures following original 
investigations. A total of 27 measures expired or were terminated (Table  3.13).  
 
3.59. As of July  2022, Türkiye was enforcing 131 anti-dumping definitive measures, less than in 
previous years. Imports from 23 economies were affected. Imports from China were subject to 
around half of all anti -dumping measures each year over the review period. Other trading partners 
regularly subject t o several measures include India, Indonesia, the Republic  of Korea , Malaysia, 
Chinese  Taipei , Thailand, and Viet  Nam (Table  3.14).  
 
Questions  
 
Türkiye initiated 17 anti -dumping investigations targeting imports of goods from the 
Republic  of Korea  between 19 95 and 2022 and imposed 14 anti -dumping measures on 
these imports. Seven anti -dumping measures are in force. Three have been extended 
three times and have been in place for nearly 20 years or more, while three were imposed 
in 2022. As anti -dumping must nor mally be terminated no later than five years from the 
date of their imposition, could Türkiye detail, how it, inter  alia, (i) assesses the likelihood 
of recurrence of dumping and injury and (ii)  ensures that anti -dumping measures do not 
remain in force for longer and to the extent necessary to counteract dumping that is 
causing injury? The Republic  of Korea  is particularly interested in the assessments that 
are made in expiry reviews after the anti -dumping measures have already been extended.  
 
Answ er: Currently, there are seven  anti-dumping measures in effect against products 
originating from the Republic  of Korea . As of 2006, seven  measures have expired due to the 
completion of their duration, and since 2017, three investigations have been conclude d 
without any measures being taken.  
According to Article  35 of the Regulation on the Prevention of Unfair Competition in Imports, 
domestic producers of the product subject to measures can request the initiation of an expiry 
review investigation at least three months before the expiration of the effective period or an 
expiry review investigation can be initiated ex officio . 
In accordance with the aforementioned provision, an expiry review investigation is initiated 
when there is sufficient evidence that dump ing and injury will continue or recur upon the 
expiration of the anti -dumping measures. In this context, evidence can be presented regarding 
the continuation of dumping and injury or the complete or partial elimination of injury due to 
the existing measure s, or the likelihood of the continuation of injurious dumping arising from 
the development of exporters or market conditions.  
In expiry review investigations, exporters of the product subject to measures, manufacturers, 
representatives of the exporting cou ntry, and domestic producers are given the opportunity 
to express their opinions on the issues raised in the review application and to present their 
counterarguments.  
The final decision is made by meticulously evaluating all evidence and indicators, proper ly 
documented to ascertain whether there is a likelihood of the continuation or recurrence of 
dumping and injury upon the expiration of the measure. This evaluation is conducted in 
accordance with the relevant provisions of the Anti -Dumping Agreement and T ürkiye 's national 
legislation.  
 WT/TPR/M/439/Add.1  
 
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  Page 65 (para. 3.63 - Trade policies and practices by measure (3) / Measures directly affecting 
imports (3.1) / Anti -dumping, countervailing, and safeguard measures (3.1.6) / Safeguard measures 
(3.1.6.2)  
As of 1  September  2022, Türkiye was enforcing a total of five final safeguard measures. Since 
1 January  2016, Türkiye initiated seven new safeguard investigations, with five of these resulting in 
the application of final measures. Three pre -existing safeguard meas ures were extended 
(Table  3.15).  
 
Question  
 
Between 2016 and 2022, Türkiye was the WTO  Member  that imposed the most safeguard 
measures after Indonesia. Could Türkiye please explain how it assesses the following 
elements in safeguard investigations: (i)  increase in imports of the product under 
investigation, particularly when imports are decreasing  at the end of the period 
considered, (ii)  the relation between imports and unforeseen developments, (iii)  serious 
injury and threat of serious injury, and (iv)  causal link?  
 
Answer:  The Turkish Safeguard Legislation is fully in conformity with Article  XIX of 
GATT  1994 and the WTO Agreement on Safeguards. Türkiye 's national legislation is as follows;  
- Council of Ministers Decree No.  2004/7305 of 10  May 2004 concerning safeguard 
measures for imports which was published in the Official Gazette No.  25476  of 
29 May 2004.  
- Regulation on Safeguard Measures for Imports which was published in the Official Gazette 
No. 25486  of 8 June 2004. 
The details regarding the elements in safeguard investigations can be found in Türkiye 's 
abovementioned international and n ational legislation. Türkiye also publishes the details of 
each investigation in its investigation report and WTO notification.  
 
PART II: Questions Regarding the Government Report (WT/TPR/G/439)   
[The Government Report is silent about trade remedies and related issues. We therefore recommend 
addressing all questions to Türkiye under the Secretariat Report]  
 
PART III: Other Questions  
[All general questions have been posed in relation to the Secretariat Report]  
 
  WT/TPR/M/439/Add.1  
 
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  MALAYSIA  
SECRETARIAT REPORT (WT/TPR/S/439)  
Page 14   
1.1 Main features of the economy   
1.1. The Republic of Türkiye covers an area of over 784,000  km (including lakes). It has a relatively 
young population of almost 85  million, with a median age of 31.5 years in 202 1. Population growth 
has been declining steadily in recent years, and currently averages 1.1% per year. Workers' 
remittances, once an important source of foreign exchange, have continued to steadily decline, 
reaching USD  181 million in 2021 (down from USD  575 million in 2016). There are around 4 million 
refugees in Türkiye, the largest refugee hosting country in the world for the past eight years. 
According to one study, in the short term, migration, inter alia, increases inflation and 
unemployment and later on it can stimulate the economy depending on how quickly refugees find 
jobs and integrate into the labour market. Türkiye ranks 54th among 189 countries on the basis of 
the latest UNDP Human Development Index.  
 
Question:   
1. Can Türkiye  clarify its policy on providing refugees, particularly from Syria, with 
work permits?  
 
Answer:  The work permit requests of the Syrians  under temporary protection (SuTP) 
submitted to the Ministry of Labour and Social  Security (MoLSS) are examined and finalized 
in accordance with the International Labour Law No.  6735 and the Regulation on Work Permits 
of Foreigners with Temporary Protection. In this context, SuTP is allowed to work according 
to the following criteria:  
- A temporary protectio n period of at least six months must be completed.  
- Pre-authorization is required in the professions (health, education) that require 
preliminary permission .  
- Foreigners who are provided with temporary protection cannot be paid less than the 
minimum wage.  
- SuTP who will work in seasonal agricultural and livestock works are covered by the work 
permit exemption provided that they fulfil the application requirement.  
- No application form, petition or any documents required physically, all systems are online.  
- Work permit fee amount is TRY 1,724.40 for SuTP, for other foreigners it is TRY 4,635.30.  
 
2. Does allowing refugees to work has an impact on the Turkish labour market 
including in the informal sector?   
 
Answer:  There are several academic research  about the i mpact of Syrians under 
Temporary Protection (SuTP) on the Turkish labour market showing that the impact of 
SuTPs on the Turkish labour market is limited. Research  also show that SuTPs  have a 
complementary effect on the workforce needed by Türkiye especially in areas where labour 
supply is difficult.  
 
Page 38  
2.4.1 Overview and framework for FDI   
2.32. The Investment Office of the Presidency is responsible for promoting investment opportunities 
in Türkiye and for assisting investors, both domestic and foreign. It houses the secretariat of the 
Investment Advisory Council, which brings together senior executives from multinational companies 
to address investment barriers an d reforms. In 2021, the Investment Office of the Presidency 
released its Foreign Direct Investment Strategy for the period 2021 -23. The Strategy's aim is to 
increase Türkiye's share in global FDI inflows to 1.5% in 2023 (from an estimated 0.8% in 2020) 
and to attract quality FDI, which is defined as investments supporting technological transformation, 
employment, and the current account balance. It also highlights the importance of aligning the 
business environment with the United Nations Sustainable Develo pment Goals (SDGs), especially 
the green economy and sustainable development, to meet the needs of foreign investors. It contains 
11 strategies and 72 actions, as well as a framework for monitoring and evaluation. The authorities 
indicate that they anticip ate all targets will be fully achieved by end -2023.  
 
 
 
 WT/TPR/M/439/Add.1  
 
- 120 - 
 
  Question:  
3. How does Türkiye attract quality FDI?  
Answer:  "Türkiye's Foreign Direct Investment (FDI) Strategy (2021 -2023) " was 
published in the Official Gazette on 22 June 2021. This target -oriented FDI Strategy provides 
our country with a clear roadmap for attracting value -added, knowledge -intensive 
investments, which create high -quality employment. With this national FDI S trategy, we have 
specifically defined the quality FDI profiles which Türkiye will prioritize during this period. The 
main target of the strategy is to increase the share received by Türkiye from the global FDI 
market by increasing its performance in terms of quality FDI profiles. Accordingly, in order to 
reach this target, there are 11 strategies and 72 actions  designed by the Investment Office 
in coordination with all our stakeholders. One of the most important aspects of this strategy 
is the " Quality FDI " definitions. Quality FDI for Türkiye is defined as "Investments Supporting 
Technological Transformation, Employment and Current Account Balance".  
Seven  quality FDI profiles and four horizontal axes that match the definition of quality FDI of 
Türkiye have  been determined.  
1. All R&D, design and innovation center investments regardless of sector . 
2. Investments which develop/expand technologies ensuring the digital transformation of 
industries and services . 
3. Technology intensive production investments with high ad ded value which develop 
supplier bases and have strong backward or forward linkages . 
4. Value -added, high -tech service s sector  and business services investments . 
5. Investments whose selected location is in priority development regions and which 
provide high emp loyment, regardless of sector . 
6. Export -oriented production investments . 
7. Investments reducing import dependency in sector/product groups with high imports of 
intermediate goods . 
 
Issues within the framework of the expected shrinkage in the global FDI market in 2021 -2023 
period, the transformation pressure in GVCs and concerns about climate and sustainability 
have been gathered under four horizontal axes. Investments that are deemed to be in line 
with these four horizontal axes are considered quality FDI.  
1. Investments to support infrastructure (Information and Communication Technology - 
ICT, Energy, Transportation and Logistics Infrastructure)  
2. Investments with high expansion and growth potential  
3. Investments in line with UN's Sustainable Development Goals (SDGs)  
4. High-quality financial investments  
 
We plan our investment promotion and attraction activities to focus on these seven  quality 
FDI profiles and four horizontal axes.  
 
4. What is the mechanism used to attract SDG -related investment, especially in the 
green economy and sustainable development?  
 
Answer:  We prioritize sectors in line with our FDI strategy to attract high -quality FDI profiles 
to our country and design our sect oral teams accordingly. Our sectoral teams evaluate 
Türkiye's FDI potential for each specific sector. Based on Türkiye's strategic goals, we 
determine our priority sectors. In order to evaluate each investment project, we use a 
comprehensive scoring mechan ism which is called the " Investor Management Model" . 
With this mechanism, our objective is to assess all investment projects and prioritize 
high-quality investments accordingly. The investment projects which cannot exceed a certain 
threshold are not includ ed in our project portfolio. The "Investor Management Model" allows 
us to evaluate each project ex ante across five different categories. The main categories 
include investment size , direct contributions of the investment, potential contributions , 
investor quality , and lastly, the SDG compliance  of each project. In this evaluation 
mechanism, we have developed a detailed SDG Scoring Mechanism  built upon the UN's 
17 SDGs. With it, we assess the possible impacts of each investment in eac h SDG and prioritize 
the most impactful ones. Under each SDG, there are specific question sets that must be 
answered to evaluate their direct impact on specific SDGs.  
 WT/TPR/M/439/Add.1  
 
- 121 - 
 
  Following green investments enjoy 5th region incentive terms under the Priority Scheme:  
·   Based on the Ministry of Energy and Natural Resources approval, a minimum of 15% 
energy -saving projects in manufacturing factories consume a minimum of 500 tons of oil 
equivalent annual energy.  
·   Electricity generation investments through recycling o f waste heat, except natural gas 
production facilities.  
·   Turbine and generator manufacturing for renewable energy production  
·   Investments that can save at least 15% of water or reduce emissions/waste upon the 
approval of the TÜBİTAK Marmara Research Center Environment and Cleaner Production 
Institute.  
·   Within the scope of Environmental Permit and License Regulation (Under the Ministry of 
Environment, Urbanisation and Climate Change). "Environmental Investments " 
·   Green Transformation Investments (New and Underway): The investments accepted as 
a "Green Transformation " project, by the DG of Strategic Research and Productivity.  
 
Technological and green transformation is also considered as an acceptance criterion under 
the Project Based Investments Scheme. So far, certain projects have received Project based 
investment incentive certificates in Hybrid Engine Production, Electric Vehicles and Related 
Appliances, Electric Vehicle Batteries, Photovoltaic Solar Panel, Metal Recycle, Recycled 
Polymer POY (Partially Oriented Yarn)  
 
Page 39  
2.4.3 Investment incentive schemes  
2.37. Türkiye has four investment incentive schemes that fall under the Decree on State Aid for 
Investments and aim to promote regional development; these are the General Investment Incentive 
Scheme, the Regional Investment Incentive Scheme, the Strategic Investment Incentive Scheme, 
and the Priority Investment Incentive Scheme. All of these schemes were operational at the time of 
Türkiye's previous Review, although  some modifications have been introduced (Table  2.3). The 
Large -Scale Investment Incentive Scheme was discontinued in 2019.   
 
Question:  
5. What are the eligibility criteria to apply for an investment incentive schemes i.e. 
General, Regional, Strategic and Pri ority investments incentive schemes for new 
investment in Türkiye?  
 
Answer:  
·   Minimum capital requirements apply for all kinds of schemes above depending on the 
schemes.  
·   In the regional scheme, only disclosed sectors can receive incentive schemes as outlined 
in the incentive act.  
·  In the strategic scheme, projects must fulfil the criteria mentioned in the legislation 
regarding the foreign trade status and the most recent import data.  
·   In the priority scheme, a specific list sets up the  framework on which projects are available.  
·   Above all, there is a list of sectors unable or conditioned to receive incentives that are 
excluded from the system.  
 
6. Why was the Large -Scale Investment Incentive Scheme discontinued in 2019?  
 
Answer:  The la rge-scale investment scheme overlapped with regional, priority and strategic 
schemes and became idle and, therefore, abolished.  
 
 
GOVERNMENT REPORT (WT/TPR/G/439)  
Page 17  
4.1.3 JSIs under the WTO  
 
4.22. Türkiye always prefers to have multilateral solutions and rule -making to cope with global 
challenges. However, when there are pressing issues, Türkiye sees inclusive plurilateral negotiations 
as a way forward for the discussion of these issues and for setting up further cooperation amon g the 
agreeing members. Therefore, we are actively participating in the Joint Statement Initiatives that 
are of importance to Türkiye.   
 WT/TPR/M/439/Add.1  
 
- 122 - 
 
  4.1.3.1 Joint Statement Initiative on Services Domestic Regulation (JSI on SDR)   
 
4.23. Türkiye supports initiatives ai med at liberalizing and disciplining services trade and believes 
that there is untapped potential to be released by way of trade in services negotiations.  
 
Question:  
 
7. Appreciate if Turkiye could indicate a few of untapped potential for services trade 
that are possible to explore further?  
 
Answer:  The crucial role of the services sector in the economy is growing steadily as a result 
of technological development and changing needs. In parallel with the global developments, 
the service sectors in Türkiye are developing and their share in trade is increasing. Trade in 
services has always made a positive contribution to the development of foreign trade and the 
current account balance. Traditional services sectors like tourism, construction, 
transportation, etc. have always been a part of the process of economic development. 
However, it is necessary to reveal new services areas to further economic development and 
international trade. Türkiye has a huge potential with its labour force and economic structure 
which i s open to innovation and development. Health tourism, travel, gastronomy, education 
and audio -visual services may be some of the areas which have reached popularity worldwide 
and provide for an increased potential for Türkiye's trade in services with their  high added 
value feature. These sectors have become a priority area in terms of Türkiye's trade 
negotiations as well in which Türkiye aims at increased market opportunities.  
 
Some of the service sectors that we see an untapped potential are:  
(i) transport (all modes) and logistics services,  
(ii) health and related services,  
(iii) education services,  
(iv) construction, engineering and architectural services,  
(v) audio -visual services  
 
Page 22  
4.3.2 Türkiye's Green Transition  
4.82. As part of Türkiye's efforts of adaptation and mitigation to climate change and green 
transformation, Türkiye's Green Deal Action Plan was made public on 16  July 2021. With 81 actions 
and 32 objectives under 9 priority headings, Türkiye's Green Deal Action Plan has b ecome a part of 
Türkiye's Green Development Revolution.  
 
Question:   
8. Under the current trends, Türkiye  might face water scarce issue by 2030, which will 
potentially raising concerns over agriculture yield, livelihoods and food security. How the 
Government of Türkiye  incorporate this issue in their green agenda?  
 
Answer:  Within the framework of efficient u se of water resources, Türkiye carries out 
activities for product planning with water -based production modelling, dissemination of 
sustainable agricultural techniques that take into account adaptation to climate change, 
support of irrigation facilities usi ng renewable energy sources, reuse of treated wastewater in 
agriculture, projects new irrigation systems closed, rehabilitation of old irrigation 
systems  carries out studies.  
 
  WT/TPR/M/439/Add.1  
 
- 123 - 
 
  OMAN  
REPORT BY THE SECRETARIAT (WT/TPR/S/439 ) 
Question (1):  
The report states in Para 22 that Türkiye issued a handful of food -related SPS regulations that 
impose higher than international standards.  
 
Could Türkiye explain the reasons behind imposing regulations that are higher than 
international standards?  
 
Answer:  With reg ard to the SPS Agreement, Members have the right to take the sanitary and 
phytosanitary measures necessary for the protection of human, animal or plant life or health, 
provided that these measures are not inconsistent with the provisions of this Agreement.  In 
addition, Members may introduce or maintain sanitary or phytosanitary measures that result 
in a higher level of sanitary or phytosanitary protection than the relevant international 
standards, if there is a scientific justification or as a result of the  level of sanitary or 
phytosanitary protection that a Member determines to be appropriate under the relevant 
provisions of the Agreement.  Türkiye is a member of the Codex Alimentarius Commission and 
other international standard -setting organizations within  the scope of the SPS Agreement.  
 
Due to the absence of any regulation in the EU legislation, international food legislation 
(standards, guidelines and implementation rules of the Codex Alimentarius Commission) is 
used while preparing the legislation.  In addition, Turkish Food Codex is prepared for traditional 
products, taking into account national practices and consumer interests.  
 
The legislation is prepared on the basis of SPS principles, taking into account the relevant 
international st andards.  
  WT/TPR/M/439/Add.1  
 
- 124 - 
 
  PAKISTAN  
1. With reference to Para 3.21. of the Secretariat's Report; we would appreciate if 
Türkiye may provide further elaboration on the nature, scope and rational behind applying 
three different types of duties?  
 
Answer:  Türkiye's applied MFN rates consist of three different types of duty, namely customs 
duties, additional financial liabilities (AFL) and additional customs duties (ACD). The AFLs  are 
imposed on processed agricultural products, fish and fishery products and some basic  
agricultural products on ad valorem  or specific duty basis. The ACDs are a part of ordinary 
customs duties and introducing an additional customs duty means increasing the customs 
duty on that specific product. It is named as "additional" in order to indic ate the difference 
between Türkiye's custom duties and the EU's Common Customs Tariffs.  Türkiye determines 
the tariff rates within the limits of its WTO bound rates by taking its WTO commitments into 
account.  
 
2. With reference to Para 3.123. of the Secretar iat's Report;  it would be appreciated if 
Türkiye could further explain its approach towards harmonization of its national standards 
with international standards where they exist with respect to food -related SPS (Sanitary 
and Phytosanitary) regulations?  
 
Answer:  With regard to the SPS Agreement, Members have the right to take the sanitary and 
phytosanitary measures necessary for the protection of human, animal or plant life or health, 
provided that these measures are not inconsistent with the provisions of this Agreement.  In 
addition, Members may introduce or maintain sanitary or phytosanitary measures that result 
in a higher level of sanitary or phytosanitary protection than the relevant international 
standards, if there is a scientific justif ication or as a result of the level of sanitary or 
phytosanitary protection that a Member determines to be appropriate under the relevant 
provisions of the Agreement.  Türkiye is a member of the Codex Alimentarius Commission and 
other international standard -setting organizations within the scope of the SPS Agreement.  
 
Due to the absence of any regulation in the EU legislation, international food legislation 
(standards, guidelines and implementation rules of the Codex Alimentarius Commission) is 
used while pr eparing the legislation.  In addition, Turkish Food Codex is prepared for traditional 
products, taking into account national practices and consumer interest.  
The legislation is prepared on the basis of SPS principles, taking into account the relevant 
intern ational standards.  
 
3. With reference to Para 2.21 of the Secretariat's report and Para 4.3.1.2 of TPR 
Report by Türkiye; we would appreciate if Türkiye could identify any timelines with 
respect to notifying its remainder RTAs to the WTO. Moreover, it will be  appreciated if 
Türkiye could inform about its current and future plans for modernization of its FTAs ?       
 
Answer:  Türkiye recently notified its FTAs with the UK and EFTA to the WTO, as well as 
Protocols extending the FTA to trade in services with Serbia.  
 
Türkiye will also present its FTAs with Kosovo, Faroe  Islands and United  Arab Emirates and 
the Protocols extending the FTA to trade in services with Montenegro and 
Bosnia  and Herzegovina in the upcoming meetings of the RTA Committee of the WTO.  
 
Furthermore, Türkiye is conducting negotiations to extend the scope of its existing FTA with 
the Republic  of Moldo va. 
 
4.  With reference to Paras 3.21 and 3.30 of the Secretariat's Report;  we note an 
increase of Türkiye total government tax revenue from 2% in 2016 to 3% in 2021, and 
seek clarity if the issue of Türkiye's applied tariffs being in excess of its bound rate s has 
been addressed?  
 
Answer:  Türkiye takes into account its WTO commitments regarding the bound rates. There 
is no relation between the increase of the tax revenue and the situation of Türkiye's applied 
tariffs vis-à-vis its bound rates.  
 WT/TPR/M/439/Add.1  
 
- 125 - 
 
  5. With reference to Para . 3.34 of the Secretariat's Report; we would appreciate if 
Türkiye could provide an information as to whether 4% tax for sea bound and 3% for 
other modes are still applied on import consignments?  
 
Answer:  Although Türkiye has bound to levy 4% tax to imports arriving by maritime transport 
and 3% for imports arriving by road, rail or air transport. Those taxes currently are not applied.  
  WT/TPR/M/439/Add.1  
 
- 126 - 
 
  PHILIPPINES  
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
ECONOMI C ENVIRONMENT  
Para 1.3 (Page 15)  
The size of the informal sector, difficult labour market conditions (particularly among females and 
young people), low levels of workforce productivity, and income inequality remain long -standing 
challenges. According to th e OECD, "low labour force participation of women, widespread informality, 
weak skills, rigid employment rules hampering reallocation and large share of low -quality 
employment have to be addressed for a more inclusive and sustained recovery". According to O ECD 
estimates, productivity per hour worked is 30% lower than that of OECD best performers, while the 
poorest 20% of households earn 6.1% of total income.  
 
Question:  
1. What  programs does the government undertake to increase the labour  force 
participation of women and are those programs effective in improving the labour  market 
conditions in favour  of women?   
 
Answer:  Boosting female labour force participation is one of the most important priorities for 
Türkiye and this has been underscored in the National Employment Strategy (2014 -2023). In 
this regard, numerous plans, programmes and projects have been implemented by different 
departments of the Ministry of Labour and Social Secu rity (MoLSS). Turkish Employment 
Agency (İŞKUR) is the most active department in this regard.  
  
Vocational training courses, on -the-job training programmes and special projects delivered by 
İŞKUR as part of active labour market policies aim to support increasing female employment, 
retaining employment, imp roving vocational skills of the unemployed labour  force and 
eventually reducing unemployment. Among the groups requiring special policies, women are 
the leading group of persons that benefit from active labour market programmes implemented 
by İŞKUR. Betwee n the years 2002 -2022, a total of 4 ,733,153 persons benefit ed from those 
policies and 53% of the benefic iaries were women (2 ,486,689 female clients). Similarly, during 
the year 2022, a total of 84,764 women benefit ed from the programmes of İŞKUR amounting 
to 51% of the total benefic iaries.  
 
Vocational Training Courses  
Through vocational training courses organized within the scope of labour market programmes, 
qualified labour force is trained in areas demanded by the  labour market.  
1,720,585 female participants benefited from vocational training courses organi zed from 2002 
to the end of 2022, and 58% of the participants were women (Total number of participants: 
1,855,981).  
 
On-the-job Training Programmes  
Through on -the-job training programmes, professional and work experience is provided for 
the unemployed people. Within the scope of the programme, unemployed persons registered 
in the İŞKUR systems are provided an opportunity to reinforce their theoretical knowledge 
through practice and to gain professional experience in their workplaces. Until the end of 2022, 
1,191,925 female participants benefited from the on -the-job training programmes, which is 
implemented for the first time in 2009, and 49% of the total particip ants were women (Total 
number of participants: 2 ,421,493).  
 
Employment Incentives  
Within the scope of employment incentives, which is one of the policies implemented to protect 
employment and prevent unemployment, positive discrimination is applied to gro ups that 
require special policies, such as women and youth. With the incentive provided within the 
scope of the temporary article 10 of Law No.  4447, support is provided for periods ranging 
from 6 to 54 months to private sector employers who employ unemployed persons. If the 
person employed is female, the support period varies between 24 and 54 months. Within the 
framework of this incentive, the emplo yer's share of the social security premium is covered 
entirely by the Unemployment Insurance Fund.  
 WT/TPR/M/439/Add.1  
 
- 127 - 
 
  Public Works Programme  
Especially during crisis such as natural disasters, pandemics and emergencies, women are the 
priority group benefiting from the Pub lic Work Programmes which aim to ensure the adaptation 
of the citizens to the labour market by preventing them from moving away from working 
habits and discipline. In light of this policy, the proportion of female participants in 
programmes implemented sin ce 2020 has been approximately 68 .1%.  
 
Provincial Employment and Vocational Training Boards  
Provincial Employment and Vocational Training Boards include important local actors of the 
province and carry out activities for the establishment of employment a nd vocational training 
policies, determination of measures to prevent unemployment and active labour force 
programmes to be implemented and for monitoring and evaluation of employment activities 
and vocational training practices. With the participation of social partners working on female 
employment, Provincial Employment and Vocational Training Boards meet with the agenda of 
female employment in at least one of their four annual meetings in each province.  
 
Also, the Ministry of Trade conducts various proje cts in order to identify the sectors where 
women and young entrepreneurs can gain competitive advantage, thus increasing their 
international competitiveness and their share in e -export. In this direction; export Academy 
Women and Young Entrepreneur Exporte r Training Program and, W2W -National Women 
Entrepreneur Network Platform Projects have been developed.  
 
Para 1.11 (Page 17)  
In March  2021, Türkiye's New Economic Reform Package (ERP) 2021 -23 was launched to tackle 
inflation, fortify financial stability, pr omote de -dollarization of the economy, and place the country 
among the world's top 10 economies by promoting local and foreign investment, production, 
employment, exports, and current account surplus. According to the authorities, the ERP is being 
implemen ted to ensure macroeconomic stability, increase competition and efficiency in the economy, 
take advantage of the opportunities that emerged after the pandemic, encourage high value -added 
production, and promote further integration to global value chains (G VCs). Some of the measures 
in the ERP include establishing a new Price Stability Committee; reforming both State -Owned 
Enterprises (SOEs) and public procurement tenders; enacting the Public -Private Partnership (PPP) 
Framework Law; restructuring the Credit Guarantee Fund to focus on high value -added investment; 
prioritizing import substitution and exports in less developed regions; and reductions in social 
security and unemployment insurance contributions for new hires.  
 
Question:  
2. It appears that Türkiye's ERP has been effective in ensuring macroeconomic stability 
and efficiency in the economy. What key challenges/risks to growth for your economy do 
you foresee over the next two to three years? What could be viable action plans/strate gic 
measures, at this point, to mitigate them?   
 
Answer:  In the first half of 2023, Türkiye's economy grew by 3.9% which was driven by 
domestic demand, contributing 8.8  percentage point s (pps). Net external demand contribution 
was negative with 4.9 pps. Le ading indicators have shown a slowdown in growth for the second 
half of 2023, with tight monetary stance and fiscal measures. But according to the Medium -
Term Program (MTP  2024-26), GDP growth is expected to be 4.4% for 2023.  
 
In 2024, GDP is forecasted to  be 4%. Rebalancing between domestic and net external demand 
will be more visible and contribution of net external demand will turn to positive in 2024. 
Hence, these growth rates will not put pressure on price stability, which is the primary 
objective.  
 
Global trade volume is expected to increase below long -term averages in the upcoming years. 
Interest rate and monetary policies of advanced economies' major central banks have 
tightened global financial conditions.  
 
However, recent policy steps aiming to ac hieve price and financial stability will mitigate these 
challenges in Türkiye. Policy steps towards market and product diversification of exports will 
continue to positively contribute export performance.  
 WT/TPR/M/439/Add.1  
 
- 128 - 
 
  Para 1.14 (Page 18)  
In May  2018, the Central Bank of the Republic of Türkiye (CBRT) simplified its monetary policy 
framework with the aim of enhancing its predictability and reinforcing the transmission mechanism. 
Since 1  June 2018, the one -week repo auction rate has become the CBRT's key pol icy interest rate. 
Moreover, it was decided that the CBRT's overnight borrowing and lending rates would be set with 
a margin of +/ -150 basis points around the one -week, auction repo rate. Since then, this interest 
rate has fluctuated from as low as 8.75% t o a peak of 24%.  Also, the authorities are using a targeted 
credit approach and aim at achieving price stability in the medium -term. According to the OECD, 
Türkiye would benefit from bringing the real policy interest rate into positive territory as long as  
inflation and inflation expectations diverge from official projections and targets. Restoring the 
independence of the CBRT would also be important.  
 
Question:  
3. CBRT uses short -term interest rates, i.e., one -week repo rates, as the main policy 
instrument . What other monetary tools does CBRT use in order to improve the functioning 
of its monetary policy transmission mechanism in pursuit of price stability objectives? 
What types of open market operations (OMOs) does CBRT use to effectively limit the 
intrada y volatility of short -term rates?   
 
Answer:  The instruments used for Liquidity Management and Monetary Policy 
Implementation can be divided into two parts as standing facilities and open market 
operations.  
 
Open Market Operations include repurchase agreem ents (repo transactions and reverse repo 
transactions) while Standing Facilities are deposit contracts.  
 
Like most of other central banks, the CBRT uses short -term interest rate as the main policy 
instrument. In this regard, one -week repo rate is the main  policy instrument through which 
funding need of the banking system is provided. It also represents monetary policy stance. 
Ensuring that market rates remain consistent with policy rates, the CBRT uses other monetary 
tools in order to improve functioning o f monetary policy transmission mechanism.  
 
The CBRT evaluates the liquidity conditions in the market and conducts open market 
operations on a day -to-day basis. In addition to open market operations, standing facilities 
are used by the CBRT in the framework  of the monetary policy objectives to effectively limit 
intraday volatility of short -term rates. Within this context, the CBRT provides Turkish lira 
borrowing and lending facilities for banks and intermediary institutions at specific short -term 
interest ra tes. 
 
In this framework, there are Turkish Lira Deposit and Lending Facilities. Overnight borrowing 
and lending rates are at 150 basis points below and above the one -week repo rate. They can 
be either deposit or repo facilities. If needed, Banks are able t o lend or borrow Turkish lira 
through these facilities against collaterals.  
 
Moreover, CBRT may execute O/N Quotation Repos in Borsa  Istanbul Repo -Reverse Repo 
Market as a player in the market. In BIST Repo Market by giving quotations in line with pre -
announced upper and lower bounds of interest rate corridor, it is aimed to limit intraday 
volatility in overnight interest rates.  
 
Besides, there is an extra channel called Late Liquidity Window (LLW). The CBRT, as lender of 
last resort, provides liquidity to the Banks that are in temporary liquidity needs at the end of 
the day (between 4 PM and 5 PM). The rate for LLW is determined a s one week repo rate plus 
450 basis points. Both LLW repo and LLW deposit facilities are available, LLW repo is mostly 
used by participation banks.  
 
Recently, the CBRT increased its policy rate from 8.5 % to 35% between June and October. It 
also introduced quantitative tightening and selective credit policies to complement the rate 
hikes. For quantitative tightening, it increased reserve requirement ratios on FX -protected 
deposit accounts, and FX deposits. These decisions aim to stabilize excess Turkish lira  liquidity 
and increase the effectiveness of monetary policy. In the context of selective credit tightening, 
the CBRT attached importance to maintaining the economy's production capacity, while 
contributing to rebalanced demand.  WT/TPR/M/439/Add.1  
 
- 129 - 
 
   
The CBRT is also simplifyi ng and improving the existing micro - and macroprudential 
framework in order to strengthen the monetary transmission mechanism. These measures 
aim to encourage the transition to Turkish lira deposits and increase the share of TL in total 
deposits while impr oving functioning of market mechanisms.  
 
Para 1.24 (Page 20)  
Official external reserves increased from USD  104.8  billion in 2016 (5.4 months of imports) to 
USD 109.5  billion (4.3 months of imports) in 2021. According to the IMF, this level of gross 
interna tional reserves is well below the recommended adequacy range; net international reserves 
are negative once foreign exchange swaps with the CBRT are subtracted.  
 
Question:  
4. Which reserve adequacy metric does the CBRT use to measure the risks to the 
balan ce of payments? What is the impact of the negative net international reserves on 
Türkiye's foreign investors and the domestic financial sector?  
 
Answer:  CBRT monitors traditional reserve adequacy metrics to measure broad set of risks 
reflecting potential drains on the balance of payments.  
 
CBRT monitors the IMF ARA metric which considers potential demand for repayments of 
short-term external debt; domestic demand for foreign assets,  potential terms -of-trade 
shocks and other portfolio outflows, respectively. Apart from the IMF ARA metric, other 
traditional reserve adequacy ratios such as short -term external debt and broad money ar e 
also monitored.  
 
Additionally, the reserve level to meet the gross financing need is assessed by using financing 
requirement index which is comprised of short -term external debt (on a remaining maturity 
basis) multiplied by a coefficient of worst -case r ollover ratio and current account deficit 
expectations over a year.  
 
International reserves refer to ready -to-use assets accepted as an international payment 
instrument, which are controlled by countries' monetary authorities. In this regard, 
internationally accepted reserve adequacy indicators are calculated on gross reser ves 
including gold.  
 
A strong uptrend is observed in CBRT's international reserves where total gross reserves grew 
from USD 98.5 billion at the end of May  2023 to USD 126.6  billion on 27 October  2023. 
Moreover, a similar increase in net reserves was also observed during the same period.  
 
At the same time, the banking and financial sector has an ample amount of FX liquidity to 
cover their external debt. The amount of FX liquid assets in the balance sheets of banks are 
more than 150% of their short -term FX liabilities maturing within a year.  
 
TRADE AND INVESTMENT REGIMES  
Para 2.13 (Page 31)  
Trade policy objectives are contained in the Turkish Exports Strategy for 2023, which was launched 
by the Ministry of Trade (the Ministry of Economy at the time) and the  Turkish Exporters Assembly 
in 2009. It sets a long -term target of Türkiye having a 1.5% share in world trade and an 80% 
export/import ratio for goods by 2023, inter alia, through shifting production from low -technology 
sectors to high value -added areas an d generating investments in high -tech sectors. To reach these 
targets, the Government is supporting firms to expand their production capacity, particularly in the 
target sectors of machinery, automotive, electric -electronic, chemicals, and food.  
 
Questions : 
5. What are the domestic and trade -related support measures given by the 
Government of Türkiye to the domestic firms to expand their production capacity, 
particularly in the target sectors of machinery, automotive, electric -electronic, chemicals 
and food that will enable said firms to reach the long -term target of Türkiye of having a 
1.5% share in world trade and an 80% export/import ratio for goods by 2023?   
 WT/TPR/M/439/Add.1  
 
- 130 - 
 
  Answer:  Automotive, chemicals, machinery, electrical and electronics are regarded as 
medium -high and high -tech industries depending on the sub -sectoral breakdowns under the 
OECD classification. Under the regional incentive scheme, medium -high tech investments 
receive the incentives of the 4th region (out of 6) i n terms of duration and density, and high -
tech investments receive incentive terms of the 5th region regardless of the investment 
location of the project.  
 
6. Could Türkiye share its current standing on its long -term target of having a 1.5% 
share in world  trade and an 80% export/import ratio for goods by 2023? What kinds of 
support has the Government extended to further develop its industries?   
 
Answer:  The Investment Incentive Program aims to steer savings into high value added 
investments, to boost produ ction 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 cl ustering 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.  
 
7. Are electric vehicles included in Türkiye's targ et of expanding production capacity, 
particularly in the automotive and electric -electronic sectors?   
 
Answer:  Electric Vehicles can receive 5th region incentive terms as a priority investment 
subject. In addition, electric vehicles are also one of the core subjects of project -based 
investments, thus project -based certificates have been issued for hybrid engine production, 
electric vehicles and re lated appliances and electric vehicle battery projects so far.  
 
In addition, "The Mobility Vehicles and Technologies Roadmap" published by the Ministry of 
Science and Technology in 2022 includes targets for 2025 and 2030 for Electric Vehicles.  
 
For 2025 : 
 
• To produce and export more than one electric passenger vehicle and light commercial 
vehicle manufacturer  
• Increasing electric vehicle sales market share to 10%  
• Reaching approximately 402 ,000 vehicles in electric vehicle stock  
For 2030:  
 
• Reaching at least 75% in electric vehicle localization rate  
• Increasing electric vehicle market share to 35%  
• Reaching approximately 2.5  million vehicles in electric vehicle stock  
• Exporting with solutions developed in the field of micro mobility  and being in the top 5 in 
the world in this ranking  
Para 2.15 (Page 31)  
Türkiye has also been implementing a new guiding strategy for faraway countries since July  2022. 
This lists countries of focus for Turkish exports, based on the following criteria: co untries that are 
more than 2,500  km from Türkiye, that import over USD  60 billion of merchandise from all over the 
world, and that Türkiye has a share of less than 1% in their imports. The 18 countries selected are 
Australia, Brazil, Canada, China, Chile, India, Indonesia, Japan, the Republic  of Korea , Malaysia, 
Mexico, Nigeria, Pakistan, Philippines, Thailand, Viet  Nam, South  Africa , and the United  States . With 
this strategy, Türkiye aims to quadruple the exports of Turkish goods to these countries from re cent 
levels (approximately USD  20 billion on average in 2018 -20) to around USD  80 billion.  
 
Questions:  
8. What are some specific elements of Türkiye's "Far Countries Strategy", (also cited 
in p.25 of the Government report) to increase exports to the listed countries?  
 WT/TPR/M/439/Add.1  
 
- 131 - 
 
  Answer:  With the Strategy of Far Countries, Türkiye aims to reveal the potential of 
commerci al and economic cooperation and partnerships with far countries and to ensure 
sustainability in trade flows, to diversify its trade markets and to better integrate into global 
value chains as well as to increase the awareness between business communities.  
 
About two -thirds of Türkiye's total exports is to the countries that are relatively close to 
Türkiye; and average export distance remains below the world's mean. The continuation of 
the current upward momentum in our exports is now focusing on increasing  the range of 
exporters from neighbouring  to faraway countries. In this respect, one of the objectives of the 
Strategy is also to increase the average distance of Türkiye's exports, which is 3 ,065 km, to 
the world average at 4 ,744 km.  
 
To reach this targe t, "Far Countries Strategy", with macroeconomic analyses conducted for 18 
distant countries individually selected on the basis of a number of criteria and specifically 
designed action plans both in terms of trade in goods and services have been released in  
2022.  
 
The selected countries are at a distance of more than 2 ,500 km to Türkiye, having more than 
USD 60 billion imports from all over the world and countries that have a share of 1 % for 
Türkiye in their imports.  
 
On this basis, 18 selected countries a re; Australia, Brazil, Canada, China, Chile, India, 
Indonesia, Japan, Malaysia, Mexico, Nigeria, Pakistan, Philippines, Republic  of Korea , 
Thailand, Viet  Nam, South  Africa and U nited States . 
 
The action plans include following activities for each 18 countries;  
- Preparing country -based market access guides,  
- Increasing effectiveness of the functioning of business councils in those countries,  
- Organization of B2B matchmaking activities,  
- Networking activities to ensure easy doing business,  
- Intensifying promotional activities, especially advertising activities in the written and 
visual media through TV series, films and digital games,  
- Improving the cooperation areas in e -commerce,  
- Awarenes s increasing activities to promote "made -in-Türkiye" brand for Turkish goods 
and services,  
- Promoting www.askturkiye.com  website for those countries,  
- Intensifying sectoral trade fai rs.  
 
Strategy report is available only in Turkish accessible at the following website 
https://ticaret.gov.tr/ihracat/uzak -ulkeler -stratejisi .  
 
9. What  would be Türkiye's strategy/approach in reaching out to faraway countries, in 
particular, the Philippines and other ASEAN Member States? Aside from the criteria 
mentioned in the Secretariat Report, are there other considerations under Türkiye's "Far 
Count ries Strategy" such as due diligence and other related assessments?  
 
Answer:  Among 11  ASEAN countries (Brunei  Darussalam, Cambodia, Indonesia, 
Lao People's  Democratic  Republic , Malaysia, Myanmar, Philippines, Singapore, Thailand, and 
Viet Nam) only  four countries have been included in the strategy. Rather than focusing on 
regional trade organizations, the analysis regarding this strategy was based on bilateral trade 
relationships.  
 
10. Can Türkiye further expound on this new "guiding strategy for fa raway countries? 
We would also like to request an English version of the said policy, if available.  
 
Answer:  With the Strategy of Far Countries, Türkiye aims to reveal the potential of 
commercial and economic cooperation and partnerships with far countrie s and to ensure 
sustainability in trade flows, to diversify its trade markets and to better integrate into global 
value chains as well as to increase the awareness between business communities.  
 
About two -thirds of Türkiye's total exports is to the countr ies that are relatively close to 
Türkiye; and average export distance remains below the world's mean. The continuation of WT/TPR/M/439/Add.1  
 
- 132 - 
 
  the current upward momentum in our exports is now focusing on increasing the range of 
exporters from neighbouring  to faraway countries . In this respect, one of the objectives of the 
Strategy is also to increase the average distance of Türkiye's exports, which is 3 ,065 km, to 
the world average at 4 ,744 km.  
 
To reach this target, "Far Countries Strategy", with macroeconomic analyses conducted for 
18 distant countries individually selected on the basis of a number of criteria and specifically 
designed action plans both in terms of trade in goods and services have been released in 
2022.  
 
The selected countries are at a distanc e of more than 2 ,500 km to Türkiye, having more than 
USD 60 billion imports from all over the world and countries that have a share of 1 % for 
Türkiye in their imports.  
 
On this basis, 18 selected countries are; Australia, Brazil, Canada, China, Chile, Ind ia, 
Indonesia, Japan, Malaysia, Mexico, Nigeria, Pakistan, Philippines, Republic  of Korea, 
Thailand, Viet  Nam, South  Africa  and U nited States . 
 
The action plans include following activities for each 18 countries;  
- Preparing country -based market access guides,  
- Increasing effectiveness of the functioning of business councils in those countries,  
- Organization of B2B matchmaking activities,  
- Networking activities to ensure easy doing business,  
- Intensifying promotional activities, especially advertising  activities in the written and 
visual media through TV series, films and digital games,  
- Improving the cooperation areas in e -commerce,  
- Awareness increasing activities to promote "made -in-Türkiye" brand for Turkish goods 
and services,  
- Promoting www.askturkiye.com  website for those countries,  
- Intensifying sectoral trade fairs.  
 
Strategy report is available only in Turkish accessible at the following website: 
https://ticaret.gov.tr/ihracat/uzak -ulkeler -stratejisi .  
 
Para 2.18 ( Page 32)  
Since 1 January  2016, Türkiye has been involved in 4 new dispute settlement cases as complainant, 
3 cases as respondent, and 37 cases as third party (Table  2.1). It has maintained a solid record of 
notifications to the WTO (Table  A2.1), with those  outstanding in the areas of agriculture (export 
subsidies notifications from 2016 -21 and domestic support notifications from 2017 -21) and 
intellectual property rights (Industrial Property Code (Section  3.3.7)). Additionally, Türkiye's 
regional trade agree ments (RTAs) with the Bolivarian  Republic  of Venezuela , Azerbaijan, and the 
Islamic Republic of Iran; its participation in the Developing 8 (D -8) preferential agreement and the 
Organisation of Islamic Cooperation's Trade Preferential System (OIC -TPS); and recent amendments 
to its RTAs with Bosnia and Herzegovina and with Montenegro have not yet been notified to the 
WTO.  
 
Question:  
11. Given the fact that Türkiye is very active in dispute settlement cases, what are the 
actions made by Türkiye to support the filling up of vacancies in the WTO Appellate Body 
so that cases pending before the Appellate Body involving Türkiye can be resolved?   
 
Answer:  Türkiye believes that the impediments encountered on the appointment of the 
Appellate Body members should be resolved and the Appellate Body should be able to perform 
its substantive functions as a key constituent of the dispute settlement system. In this regard, 
Türkiye is one of the cosponsors of WT/DSB/W/609/R ev.26 which urges Members to start the 
selection pr ocess for the vacancies of the Appellate Body in compliance with the DSU. In 
addition, Türkiye supports the WTO MC12 Outcome Document which intends to restore the 
dispute settlement system by 2024 without abandoning the basic structure and principles of 
the system. Subsequent to this mandate, Türkiye closely follows and contributes to in the 
most constructive manner the ongoing work of reform on the dispute settlement system with 
a view to finding a lasting multilateral solution.  
 WT/TPR/M/439/Add.1  
 
- 133 - 
 
  Para 2.29 (Page 37)  
Türkiy e's preferences are extended to a total of 66 economies in 2022 compared to 88 in 2015. 
Azerbaijan, China, Colombia, Costa  Rica, Ecuador, Guatemala, Honduras, India, Indonesia, Islamic 
Republic of Iran, Iraq, Maldives, Marshall  Islands, the Republic  of Moldova, Nicaragua, Panama, 
Paraguay, Peru, El  Salvador, Thailand, Turkmenistan, Ukraine, and Viet  Nam have been graduated 
from the scheme, and Kenya was added to the list. Sectoral exclusions apply for Bangladesh (textiles 
and clothing); Cambodia (clothing a nd footwear); Ethiopia (certain textiles); Nepal (certain textiles); 
Pakistan (textiles, clothing, leather products, and furs/skins); and Sri  Lanka  (clothing). Each year, 
the beneficiary countries and exempt product groups are reconsidered and listed in th e annexes of 
the Import Regime (Section  3.1.3), which is published in the Official Gazette.  
 
Question:  
12. What would be the criteria used or the consideration given that would allow for the 
exclusion of certain sectors? Does this follow similar rules in the EU GSP+, noting that 
beneficiary countries and exempt product groups are reconsidered and listed in the 
annexes of the Import Regime (Section  3.1.3) each year?  
 
Answer:  Despite the fact that EU GSP policy is not fully compatible with the stru cture of 
Turkish industry, Türkiye fully adopted the EU's GSP scheme until 2018. However, in the face 
of increasing import pressure, it became a necessity for Türkiye to narrow down the group of 
beneficiary countries and product groups in 2018. Exemption c riteria aren't similar to the rules 
of EU GSP+. Türkiye applies some economic criteria (import share, increase in import volume 
etc.) in order to decide whether a country or a sector would be graduated from GSP+ or not.  
 
Furthermore, Türkiye does not have  a seat in the GSP Committee of the EU which handles the 
decision -making process of the EU's GSP scheme. Since Türkiye's sensitivities regarding 
domestic production and importation needs are not taken into account during this decision -
making process, Türki ye is obliged to diverge from the EU's GSP scheme in order to secure its 
own national interest.  
 
TRADE POLICIES AND PRACTICES BY MEASURE  
Para 3.160 (Page 97)  
An important recent procedural change to the government procurement regime concerns the 
introducti on of e -tendering in 2019. Companies established in Türkiye, and foreign companies, are 
able to register their company and attach any required documents at the Electronic Public 
Procurement Platform (EPPP or EKAP in Turkish) included in the EKAP website, t he centralized public 
e-procurement platform operated by the Public Procurement Authority (PPA). All tender notifications 
and related tender documents are accessible online through the platform. In e -procurement, 
tenderers submit their electronic bids toge ther with self -declarations about their qualifications in 
procurement goods, works, and services. Since 3  November  2022, the use of e -procurement has 
become compulsory in open procedure and negotiated procedures on the grounds specified in 
Article  21 paragraph (b), (c), and (f) of the PPL.  
 
Question:  
13. According to the Secretariat Report, an important recent procedural change to the 
government procurement regime concerns is the introduction of e -tendering in 2019, 
where all tender notifications and r elated tender documents are accessible online through 
its platform, Electronic Public Procurement Platform. Could Türkiye please specify the key 
features, best practices and challenges in the use of its online procurement platform to 
ensure transparency an d prevent corruption in government procurement?  
 
Answer:  The estimated cost is entered into the Electronic Public Procurement Platform (EKAP) 
by authorised users from the contracting authority, the tender document and the notices are 
automatically created  by the document wizard in accordance with the legislation, the tenders 
are submitted by the tenderers via EKAP, the estimated cost is kept encrypted until the date 
and time of the opening of the tenders, and those of who downloaded documents, the 
tenderer s and the tender prices are not known by the contracting authority before the date 
and time of the opening of the tenders.  
 
Tenderers can also submit their tender securities electronically. The contracting authorities 
announce the e -tenders, tender prices  and the estimated cost to the tenderers on the date 
and time of the opening of the tenders, and prepare "Minutes Regarding the Prices Offered by WT/TPR/M/439/Add.1  
 
- 134 - 
 
  the Tenderers" via EKAP, and these minutes can be viewed on the status monitoring screen 
by the tenderers part icipating in the tender. Among the information and documents declared 
by the tenderers in the qualification information table at the bidding stage, the documents 
that can be queried through EKAP and e -tender security can be queried by the contracting 
autho rities through the system during the tender evaluation process. It is ensured that the 
information declared in this process is checked through integrations.  
 
At certain stages of the procurement process, contracting authorities can confirm the 
prohibitions through the system. Notifications are created by contracting authorities through 
EKAP and notified to all relevant parties at the same time in the same forma t. Contracting 
authorities send the result information to our Institution via EKAP.  
 
All these improvements made on EKAP in accordance with the Public Procurement Law 
No. 4734 (Law) in order to ensure transparency and prevent corruption in public procurem ent 
are among the best practices. As of October  2022, more than 99.8 % of the procurements 
subject to the Law in terms of number and amount are carried out electronically as mentioned 
above.  
The "Procurement search" page on EKAP, which is open to the public , publishes procurement 
notices, procurement documents, the status of procurements (such as Procurement Notice 
Published, Tenders Being Evaluated, Contract Award Notice Published) and procurement result 
information. Transparency, one of the basic principle s of the Law, is supported by sharing the 
information with the public.  
 
Since various integrations have been established by our Agency with public institutions and 
organisations, the possibility of technical problems due to the intensity of these integrati ons 
is one of the difficulties of operating the processes in electronic environment.  
 
Para 3.161 (Page 97)  
As indicated in Türkiye's previous Review, suppliers that believe they 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. Furthermore, all decisions of the PPA can 
be challenged before the courts. In 2020 and 2021 further changes were made to allow tenderers, 
candidates, and potential tenderers to use EKAP to submit complaints to the contracting authority 
and to submit appeals to the PPA.  
 
Question : 
14. Based on the Secretariat Report, suppliers that believe that they 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 Public 
Procurement Authority (PPA), where all decisions of the PPA can be challenged before the 
courts. Could Türkiye plea se expound on the grounds for filing a complaint and appeal 
with the PPA, including the procedures and extent of the penalties imposed?  
 
Answer:  The complainant must appeal to the Court of Appeal (CA) within 10 days starting 
from the date when the unlawful act was noticed or must have been noticed. The deadline is 
reduced to 5 days where negotiated procedure is used in urgent matters. Standstill period is 
10 days and CAs cannot sign the contract unless 10 days elapses after the contract award 
decisi on is received by the tenderers (5 days in urgency procedures). CA's and the PPA can 
take three types of decisions which are taking corrective action, annulment of the procurement 
proceedings and rejection of complaint.  
 
Para 3.179 (Page 102 -103)  
Regarding  traditional products, a provision introduced the protection of "Traditional Speciality 
Guaranteed" for the traditional goods' names that cannot be considered as appellation of origin nor 
a designation of origin but are proven to have been traditionally us ed in the relevant market. The 
registration period of GIs has been shortened, by decreasing the publication period that is open to 
third-party objections from six to three months; and an objection right was granted to the applicant, 
against the decisions o f the Turkish Patent and Trademark Office.  
 WT/TPR/M/439/Add.1  
 
- 135 - 
 
  Question:  
15. What are the criteria to consider a product traditionally used in a relevant market?  
 
Answer:  In Article  34-(3) of the Industrial Property Law No.  6769, the Traditional Product 
Name is defined as f ollows.  
Names that are not considered as appellation of origin or designation of origin but are proven 
to have been traditionally used in the relevant market for at least thirty years to describe the 
product and fulfil at least one of the following conditi ons, shall be identified as traditional 
speciality guaranteed:  
a) Originating from traditional method of production or processing or traditional composition.  
b) Produced with traditional raw material or ingredients.  
 
Therefore, applications must meet the conditions set forth in the above provision.  
Documents such as invoices, advertising and promotional materials and media news can be 
submitted to prove that the name in question has been used in the relevant market for at 
least 30 years.  
The applicatio n and registration procedures for traditional speciality guaranteed are the same 
as for geographical indications. However, while the use of the official emblem is mandatory 
for geographical indications, the use of the official emblem is optional for tradit ional speciality 
guaranteed.  
For more information, https://www.turkpatent.gov.tr/en/laws -and-regulations    
 
Para 3.181 (Page 103)  
The new Industrial Prop erty Code also introduced new provisions related to designs for compatibility 
with the EU Community Design Regulation. Ex officio  cancellation was introduced for design 
applications that are not new, thus, aiming to protect genuine design applications.  
 
Question:  
16. What are the new provisions related to designs that were introduced for 
compatibility with the EU Community Design Regulation?   
 
Answer:  
- The previously used "Industrial Design" term has been replaced by the term "Design".  
- Unregistered designs have started to be protected  
- "Complex product" definition was introduced.  
- Visibility requirement was introduced for complex products.  
- Obligation of submitting a description for design applications has been removed.  
- The subclass requirement has been removed for a multiple application. Being in the same 
class is sufficient.  
 
TRADE POLICIES BY SECTOR  
Para 4.52 (Page 125 -126)  
4.52. The textiles and clothing sector is characterized by qualified human resources, design capacity, 
accumulation of know -how, investment in technology, and a large production capacity. In 2021 
Türkiye was the 7th largest supplier of textiles and clothing in the w orld and the 4th largest supplier 
to the European  Union . Accordingly, its global share of knitted clothing is 4.0% (ranked 6th among 
exporting countries) and its share of global woven clothing is 3.2% (ranked 7th among exporting 
countries). Türkiye has an extensive supply of cotton as a traditional cotton -producing country. In 
addition, it has the 8th largest production capacity of synthetic fabrics in the world.  
 
Question:  
17. What are the policies that Türkiye implements to maintain its status as one of the 
top producers of textiles and clothing? Does it encourage its enterprises to expand and 
locate in countries in the Asia -Pacific like the Philippines which is open for investments, 
especially in the textile sector?   
 
Answer:  Türkiye is the 4th largest e xporter with a 4% share of world textile exports and is 
the sixth largest exporter with a 3.5% share of world apparel exports, in 2022. In recent 
years, the issue of sustainability has come to the fore. Addressing the whole life cycle of 
textile/apparel pr oducts and changing the production and consumption patterns of 
textile/apparel products are important for saving the power of the sector. It is important that 
products are not only durable but also easier to reuse, repair and recycle. In this vein, the use  WT/TPR/M/439/Add.1  
 
- 136 - 
 
  of secondary raw materials, combating the presence of hazardous chemicals, separate 
collection of textile waste and recycling are the prominent topics. The Ministry of Industry and 
Technology has directed its incentives and support to sustainability. For more details please 
see https://www.yatirimadestek.gov.tr/questions . 
In the incentive system; in project evaluation documents, additional scoring can be given to 
studies to be carried out in the field of sustainability.  
On the other hand, with the World Bank Supported "Green Transformat ion Project in Industry" 
that we carry out together with KOSGEB and TÜBİTAK; Manufacturing SMEs will be supported 
to adopt green transformation plans to increase resource efficiency.  
KOSGEB provides support to small and medium -sized enterprises that can me et different 
needs. The purpose of the Cooperation Support Program, one of the KOSGEB supports; is to 
contribute to the development of a collaborative working culture between small and medium -
sized enterprises or with large enterprises.  
 
Para 4.60 (Page 12 8) 
The ratio of non -performing loans to total lending stood at 3.9% in December  2021. The IMF noted 
that the non -performing loans level is low due in part to the large credit expansion and flexibility 
introduced during the pandemic.  
 
Question:  
18. What  were the regulatory flexibilities that were introduced by Türkiye during the 
pandemic and what are the parameters that will be considered in ascertaining the timing 
of their reversal?   
 
Answer:  In response to the COVID -19 pandemic, below mentioned tempora ry measures have 
been taken which were in effect between March  2020 and September  2021.  
 
- The 90 -days delay period for the non -performing loan classification was applied as 180 days 
and the 30 days delay period for the classification of the loans in the Second Group was 
applied as 90 days. However, forbearance measures were solely intended for reclassification 
flexibility and IFRS 9 based ECL calculations for loans subject to forbearance were carried 
out in accordance with banks' internal models.  
 
- Banks  were able to define periods by not demanding their receivables including the minimum 
amount from credit card holders during the period which they postpone their card debts.  
 
Para 4.104 (Page 137)  
Presidential Decree No.  3469 of 29  January  2021 increased the special communications tax rate 
from 7.5% to 10% for electronic communications services such as mobile electronic  
communications services, including sales of prepaid lines; radio and television broadcast 
transmission services via satellit e and cable platforms; and wired, wireless, and mobile Internet 
services.  
 
Question:  
19. With  the increase of the special communication tax rate, did the market price of 
covered services increase? What are the projects/programs being funded by the 
additional tax?   
 
Answer:  Increases in the rate of indirect taxes, including the special communicatio n tax, are 
likely to have an effect on the market price of covered services alongside the inflation factor 
and periodic markups.  
 
Tax rates are a component of the prices. Therefore, changes in the rates of the special 
communication tax affects prices. How ever, the increase in prices cannot be attributed solely 
to the increase in tax rates.  
 
In accordance with Article  13 titled 'Budget principles' of the Public Financial Management and 
Control Law No.  5018, which regulates the Turkish Public Financial Manag ement system, it is 
essential that certain revenues cannot be allocated to certain expenses. In this context, the 
resources arising from the increase in Special Communication Tax rates are collected as 
general budget tax revenue and they are not used to fi nance any specific programme but used 
to finance the public services.  WT/TPR/M/439/Add.1  
 
- 137 - 
 
   
Para 4.105 (page 137)  
Law No.  5651 of 31 July 20202provided a legal framework for determining liability and responsibility 
of the main Internet service providers, including collective use providers, access providers, location 
providers, and content providers of collective service providers. As stipulated in the Law, ICTA can 
instruct Internet service providers to remove or block online content in cases related to a catalogue 
of crimes or threats to public order, security, or other pressing and immediate dangers. Moreover, 
the Law instructs the removal or blocking of content by courts in cases concerning the violation of 
personal rights and of privacy. Article  4 of the Law on P ublication on the Internet requires foreign -
based social network providers whose platforms are accessed from within Türkiye more than 
1 million times a day, such as Facebook, Twitter, or TikTok, to appoint a real or legal person 
representative with Turkish  nationality that is authorized to receive service of administrative and 
court orders and respond to other notifications and requests made by service providers under the 
Law (Section  2.5). 
 
Question:  
20. How does the new law protect its people from misinfo rmation, identity theft and 
other cyber -crimes? What are the impacts of obligating Social Network Providers to 
localize their data in Türkiye?   
 
Answer:  The primary objective of the amendment to Law No.  5651 is to reinforce 
collaboration with social networ k service providers. Within this framework, in the context of 
combating illegal content, the aim is to establish a cooperative working environment in 
conjunction with relevant Internet stakeholders, while mitigating challenges stemming from 
differences in time zones and geography. This effort is driven by the dual objectives of 
elevating the quality of services and ensuring the security of user data.  
 
Para 4.143 -144 (Page 147)  
4.143. In 2017, the Ministry of Health published the Regulation on International Health Tourism and 
Tourist Health, which sets the standards of service to be provided within the scope of international 
health tourism services and which regulates the authorization and supervision of health institutions 
and intermediary inst itutions that will carry out such services. The Regulation covers persons who 
come from abroad to receive health services; those who need health services while in Türkiye; and 
public hospitals, university hospitals, and private health institutions and inte rmediaries that provide 
health services to such persons.  
 
4.144. The authorities also provide support to the health tourism sector. The main support is given 
in the form of tax incentives and government contributions for costs associated with education, 
promotions, documents, certificates, and accreditations necessary for hospitals to comply with 
international technical legislation or to operate in foreign markets.  
 
Questions:  
21. The Philippines  would like to know what are the eligibility criteria/specific 
requirements of healthcare facilities in Türkiye to qualify as a health tourism facility? Does 
the Ministry of Health of Türkiye have an existing health tourism accreditation and 
certification scheme for eligible facilities?   
 
Answer:  All healthcare facilities and agencies in Türkiye operating in the field of International 
Health Tourism must acquire "International Health Tourism Authorization Certificate '' given 
by the Ministry of Health of Tü rkiye. Healthcare facilities and agencies are authorized within 
the scope of the Regulation on International Health Tourism and Tourist's Health in accordance 
with the Requirements for International Health Tourism.  
 
This regulation and competency criteria for authorization can be found at 
https://dosyamerkez.saglik.gov.tr/Eklenti/44164/0/ingilizce -yonetmelik -pdf.pdf .  
 
 
2 Regulating Internet Publications and Combating Crimes Committed by Means of Such Publications.  WT/TPR/M/439/Add.1  
 
- 138 - 
 
  22. Does Türkiye have a special set -up for healthcare travellers  in terms of visa 
processing, arrival, transfers/facilitation of ease of travel, etc.?   
 
Answer:  Türkiye has a special "health visa" application to ease visa process for healthcare 
travellers visi ting Türkiye to receive treatment. Healthcare providers or agencies can apply for 
health visas on behalf of patients to Services Exporters' Association (SEA). The health visa 
application is made through the SEA and the visa is issued within approximately t wo business 
days after submission of the application documents. The issued visa can be obtained from the 
related Turkish Embassy/Consulate or from the Embassy contracted visa service company in 
the related country.  
 
Türkiye established Heal in Türkiye ( https://healinturkiye.gov.tr/ ) web portal to increase the 
quality of Turkish healthcare service providers. Hospitals, clinics, wellness/thermal centres, 
elderly/disabled care cen tres and healthcare agents are in the portal as providers. Moreover, 
treatments and other services offered by healthcare providers, their doctors, branches and 
locations can be communicated in the portal as well.  
 
Furthermore, people travelling to Türkiye to take healthcare services can use complicated 
insurance benefits provided through authorized healthcare institutions and healthcare 
agencies which can be found on "HealinTürkiye.gov.tr" portal.  
 
PART II: QUESTIONS REGARDING THE GOVERNMENT REPORT  
ECONOMIC ENVIRONMENT  
Para 3.15 (Page 7 -8) 
In 2022, the CBRT announced its "lira -ization" strategy, which aims to make the Turkish lira the 
essential element of the financial system. In addition, the CBRT assessed that inflation increased 
due to the rise in  energy costs driven by geopolitical developments, the temporary effects of pricing 
formations detached from economic fundamentals, the supply -side factors such as rising global 
energy, food and agricultural commodity prices and supply constraints as well as demand 
developments. Therefore, the CBRT kept the policy rate unchanged during the January -July 2022 
period. The CBRT emphasized the importance of the fact that financial conditions remain supportive 
to preserve the growth momentum in industrial product ion and the positive trend in employment in 
a period of increasing uncertainties regarding global growth as well as escalating geopolitical risks. 
Accordingly, the CBRT reduced the policy rate by 200 basis points in August -September  2022 period. 
Besides th e interest rate policy, the CBRT actively used all other tools at its disposal in an integrated  
framework within the "lira -ization" strategy. Accordingly, the CBRT decisively took measures to align 
the growth rate and composition of loans with real econom ic activity. Also, the CBRT actively used 
its policy set to direct loans to targeted areas, i.e., exports and investments, which will expand the 
production capacity. This, in turn, is expected to bring inflation down to sustainably low levels.  
 
Question:  
23. The CBRT emphasized the use of other tools "in an integrated framework within the 
lira-ization strategy", with the central bank taking measures to align the composition of 
loans with real economic activity (i.e., directing bank loans to targeted areas i ncluding 
exports and investments), to bring inflation down to sustainably low levels. Are these 
measures macroprudential in nature? How is CBRT operationalizing a direct credit to 
targeted areas? How will this impact compliance to regulatory/international credit 
standards?   
 
Answer:  In order to ensure efficient functioning of the credit system, BRSA has taken some 
macro prudential measures which are explained below. Since the measures require to apply 
more prudential risk weightings to loans, there is no misalignment problem with the 
international banking standards. Namely, the international banking standard known as Basel 
standards allow to apply higher risk weightings. With this regard, the macro prudential 
measures are summarized below:  
 
- In calculation of banks' capital adequacy ra tio, the risk weight was increased to 200% 
for commercial TRY -denominated cash loans, except for agricultural loans, small - and 
medium -sized enterprise loans, export and investment loans, loans to public institutions 
organizations and state -owned economic enterprises, corporate credit cards, and loans 
to banks or financial institutions.  
 WT/TPR/M/439/Add.1  
 
- 139 - 
 
  - In calculation of banks' capital adequacy ratio, the risk weight of commercial cash loans 
extended to domestic residents (except for banks and financial institutions) who c arry 
out derivative transactions with non -residents was determined as 500%.  
 
- Banks will not grant any new commercial loans denominated in TRY or apply 500% risk 
weight to companies in case the TRY equivalent of the company's foreign exchange 
assets exceeds  TRY 15 million and the greater amount of the total assets of the 
company or the company's net sales revenue for the last year exceeds the 10% of the 
company's foreign exchange assets. This measure was updated as the thresholds 
TRY 15 million decreased to TRY 10 million and 10% decreased to 5%.  
 
As far as CBRT decisions are concerned, CBRT implements monthly credit growth thresholds 
for non -targeted loans as part of selective credit tightening. While export and investment loans 
are among the targeted catego ry, the remaining commercial loans are under non -targeted 
category. The general purpose and vehicle loans are also subject to credit growth thresholds. 
Majority of loans are classified under non -targeted segments. Upper thresholds for monthly 
growth of thi s segment will reduce excessive credit expansion and curb excessive domestic 
demand. Therefore, these measures are a part of the macroprudential policy set.  
 
Supporting exports and investment projects will help increase production capacity of the firms, 
support productivity, increase supply and reduce current account deficit. These policies will 
contribute to the disinflation process and long -term growth in the medium -run.  
 
Turkish banks implement IFRS reporting standards that adhere to Basel regulatory 
frameworks. All their financial statements and operational activities are audited by the Banking 
Regulatory and Supervisory Agency. Therefore, the current regulatory framework is 
completely in line with international standards.  
 
TRADE POLICIES  
Para 4.1.3.2  (Page 17)  
4.26. Facilitation of investments have been an important strategy for Türkiye in its development 
plan. Having benefited from the disciplines to facilitate investments internally, Türkiye has been an 
active participant of the JSI on IFD with seve ral key propositions to improve the text.  
 
4.27. Türkiye welcomes the initiative as it furthers the JSI SDR to cover non -services investments 
as well as its stress on the development dimension.  
 
4.28. Türkiye is committed to completion of the JSI on IFD negotiations as soon as possible with a 
view to improve transparency and streamlining of administrative procedures surrounding 
investments.  
 
Question:  
24. It can be noted in the Government report that Türkiye places great importance on 
the JSI -IFD and it has been an active participant of the initiative. Given this, what is the 
rationale for Türkiye's withdrawal from the initiative? Does the government plan to rejoin 
the initiative?   
 
Answer:  Türkiye has been an active participant in the JSI -IFD negotiat ions, presented many 
text proposals and contributed to the text of the Agreement in important aspects such as 
objectives, scope, definitions, movement of business persons, responsible business conduct 
etc. 
 
However, in the end we couldn't find a common gro und with some Parties on the aspects that 
we see as indispensable for such an Agreement.  
 
These important aspects for Türkiye were;  
 
(i) clear scope limited only to foreign direct investment (not to portfolio investment),  
(ii) existence of an investment definitio n,  
(iii) meaningful rules for the procedures faced by investment related business people and  
(iv) addressing sensitivities around digital economy investments especially with respect to 
some obligations.  WT/TPR/M/439/Add.1  
 
- 140 - 
 
   
From the very beginning, Türkiye wanted this Agreement to be as promising as possible 
reflecting the real life problems of investors which will guide and provide them guarantee in 
their business operations. Türkiye has repeatedly mentioned that an Agreement not covering 
procedural facilitation for investors and thei r key personnel would be a missing one. 
Furthermore, leaving aside the issues of businesspersons while having a broad and ambitious 
Section  III (covering all types of applications in all sectors) makes the Agreement imbalanced 
not only for us but for devel oping countries given the fact that entry and temporary stay of 
businesspersons is a bigger problem for the investors of developing countries.  
 
Para 4.34 -4.35 (Page 17)  
4.34. Türkiye included environmental sustainability in its 11th Development Plan encomp assing the 
years between 2019 -2023, thus, launched a "Green Development Revolution". Türkiye ratified the 
Paris Agreement in 2021 and set its net zero emission target as 2053. Accordingly, Türkiye renewed 
its nationally determined contribution (NDC) at COP 27 in November  2022 
 
4.35. In order to draw the legal framework of all these efforts, Türkiye started to work on its Climate 
Law including a carbon pricing mechanism. In addition, Türkiye prepared the Green Deal Action Plan, 
to support green transformation  designed in alignment with the European Green Deal.  
 
Questions:  
25. Can you share more information on Türkiye's  Climate Law and the carbon pricing 
mechanism? What has been the progress so far?   
 
Answer:  Türkiye's Climate Law aims to establish the legal basis for combating climate change 
in line with the green development, transition to a low carbon economy and 2053 net zero 
emission target. For this reason, it is important to ensure green transformation in all sectors 
that cause greenhouse gas emissions, and increase the capacity to combat with and adapt to 
climate change.  
 
In line with the net zero emission tar get and national development priorities, it is envisaged 
to establish a carbon pricing mechanism which will be operated effectively, efficiently and 
safely.  
 
26. What is the government's stance and policy direction on the emergence of the 
carbon border adj ustment mechanisms, particularly on the EU CBAM implementation?   
 
Answer:  With regard to CBAM, the most crucial issue is ensuring a non -discriminatory 
treatment that is not more burdensome than necessary to achieve the objectives of CBAM, 
without putting t he importers and imported goods at a competitive disadvantage compared to 
their counterparts in the EU.  
 
Türkiye understands that the European Commission is focusing more on ensuring the 
equivalence of carbon costs applicable in the EU single market and t hose to be applied to the 
imports of CBAM goods. However, it should be noted that the equivalence of the financial and 
administrative burden imposed on the importers and producers in third countries is just as 
important for maintaining fair competition and  ensuring non -discriminatory treatment in the 
EU market. There are some specific issues in current CBAM Legislation that would have 
negative impacts on third country producers and exports, especially for SMEs and we are 
waiting some ameliorations. Türkiye expresses in every platform that these problematic 
elements of CBAM should be eliminated.  
 
After the publication of the draft CBAM Regulation producers and exporter companies and 
relevant sectoral organizations have been informed with awareness -raising act ivities about EU 
CBAM legislation regularly.  
 
Ministry of Trade has set up a working group with the coordination of relevant Ministries, public 
institutions, private sectors and other stakeholders to establish carbon pricing mechanism, of 
which a National Emission Trading System, in order to increase Türkiye's competitiveness in 
export markets and its position in the supply chain, especially in the EU and, not to bear 
additional financial burdens in exports to the EU and generate revenues to finance Türkiye 's 
sectoral green transformation.  WT/TPR/M/439/Add.1  
 
- 141 - 
 
   
27. What are the policies under Türkiye's Green Deal Action Plan? How can those policies 
make Türkiye compliant with the European Green Deal and the regulations under it?   
 
Answer:  Türkiye has established its own Green Deal Action Plan in July  2021 to align itself 
with the European Green Deal and combat climate change. The plan focuses on carbon border 
adjustments, green and circular economy, green finance, clean energy supply, sustainable 
agriculture, smart mobili ty, climate change mitigation, diplomacy, and raising awareness 
about the European Green Deal. It includes a total of 32 objectives and 81 actions to be 
implemented by various institutions and stakeholders. Collaboration among relevant 
institutions and sta keholders will be crucial in implementing the Plan's 81 actions to achieve 
the set objectives.  
 
The Action Plan, prepared by a working group composed of relevant ministries, institutions, 
private sector, NGOs and academicians aims to guide Türkiye's adapta tion to policies 
combating climate change and maintain its integration with the EU.  
 
There are 20 specialised working groups (SWG) which focus on 81 actions within the scope of 
the Action Plan, including horizontal areas such as energy, financing, transpo rtation and 
technology, as well as sectoral areas such as textiles, construction, cement, alumin ium and 
steel. Additionally, SWGs have been formed to address the importance of fair transition 
policies and education, which are not directly included as actio ns in the Plan, but crucial in the 
context of green and digital transformation. These SWGs work considering both sector -specific 
and cross -cutting requirements.  
 
Continuing the Green Deal efforts in our country requires a collective effort and contribution . 
In this regard, it is deemed important to consult with government and private sector 
institutions and organizations, universities, chambers of commerce, professional associations, 
non-profit organizations, and other civil society organizations to benefit  from their opinions, 
experiences, and knowledge. Hence all individuals and organizations who are deemed 
necessary as stakeholders or experts can participate in the activities of the working groups.  
 
Türkiye's green transformation is considered essential f or inclusive and sustainable growth, 
ensuring competitiveness in exports, and integrating into global value chains. The Plan's 
implementation and harmonization with the EU's technical legislation will play a crucial role in 
achieving these goals.  
 
Para 4.4 6 (Page 19)  
Türkiye has linked partnership relation with the EU based on the Association Agreement (Ankara 
Agreement) since 1964 and the Customs Union was established in 1995 between the Parties. The 
European Council granted the status of candidate country to Türkiye in December 1999 and 
accession negotiations were opened in October  2005. 
 
Question:  
28. Due to the Customs Union with the EU, Türkiye initiated a GSP scheme by 
harmonizing with the GSP scheme of the European  Union  on 1 January  2002 3. As the EU 
has yet to agree on the new GSP scheme for 2024 -2034, the extension of the current GSP 
until 2027 has been proposed. Will Türkiye's GSP also align with the proposal and timeline 
of the EU? Could Türkiye share information on the utilizat ion of its GSP, perhaps an online 
database is available? How much tariff savings does Türkiye receive annually on average? 
How effective has been the Scheme in terms of meeting its overall objectives for its 
beneficiaries?   
 
Answer:  Internal assessments re garding the new EU GSP scheme are still ongoing. 
Additionally, the divergence between Türkiye's and EU's GSP schemes and the concerns 
regarding functioning of the EU's GSP scheme is brought to the attention of the related bodies 
of the Customs Union. Stati stical data is not readily available and it requires detailed data 
analysis.   
 
 
3 Viewed  at: https://unctad.org/system/files/official -document/itcdtsbmisc74rev1_en.pdf .  WT/TPR/M/439/Add.1  
 
- 142 - 
 
  Para 4.3.1.2 and 4.3.1.3 (Pages 21 and 22)  
Modernization of Existing Free Trade Agreements and Free Trade Agreements Under 
Negotiation  
 
Question:  
29. The above sections detail that Türkiye has an ongoing FTA with Malaysia and has 
started FTA negotiations with Thailand and Indonesia. Likewise, the Secretariat Report 
mentions that Türkiye has adopted a new guiding strategy in 2022 to improve exports to 
Viet Nam  and the Phil ippines, all of whom are members of ASEAN. What are the 
considerations that constrain Türkiye from negotiating an FTA with ASEAN as a bloc?   
 
Answer:  Negotiations for a region -to-region trade and investment agreement between the 
EU and ASEAN were paused by  mutual consent of the parties in 2009 to pave the way to 
bilateral format of negotiations.  
 
Para 4.74 (Page 22)  
Cognizant of the significance of climate change, Türkiye has accelerated its efforts in green 
transformation in the past few years.  
 
Question:  
30. We positively recognize Türkiye's efforts in green transformation in recent years; 
notably, Türkiye's strategic alignment with its biggest trading partners, the 
European  Union , Green Deal Plan. The country has also mobilized "Green Deal Working 
Groups " in specific sectors such as cement, steel, and textile, which significantly 
contribute to Türkiye's GDP and employment but as well as to carbon emissions. In 
drawing the legal framework for the green transition, what measures is Türkiye intending 
to take  to ensure that sufficient time is given to all concerned stakeholders to adjust to 
changes brought by the legislation? Moreover, how will the green transition affect 
Türkiye's goal of transforming its export composition from a low -tech to a high -tech and 
high-value products segment?   
 
Answer:  Under Green Deal Action Plan of Türkiye 20 specialised working groups (SWG) have 
been established to cover all areas that EU Green Deal covers. In order to realize all 81 actions 
under our Action Plan, government and private sector institutions and organiz ations, 
universities, chambers of commerce, professional associations, non -profit organizations, and 
other civil society organizations work in with collaboration in order to determine sectoral and 
horizontal needs within SWGs. Ongoing and possible legal wo rk under green and digital 
transition is also part of SWGs work plan. Such diverse and large stakeholder involvement 
also helps all stakeholders to adjust themselves in an timely manner at their green transition.  
Continuous awareness raising activities al so part our Action Plan which also designed and 
realized as public and private sector partnership. In addition to that Ministry of Trade website 
and YouTube channel are used for information dissemination on a large scale in order to reach 
as many stakehold ers as possible.  
 
In line with the European Green Deal, sectoral road maps are being prepared for companies 
on green and digital transformation to maintain and increase the competitiveness of priority 
sectors in export markets.  
 
Para 4.75 and 4.76 (Page 22)  
Türkiye launched "Green Development Revolution" and ratified the Paris Agreement on 
6 October  2021, setting the target of net zero emission by 2053.  
 
Türkiye declared its renewed nationally determined contribution (NDC) at COP27 in 2022. Accordin g 
to the new NDC, the previously set emissions reduction target of 21% has been changed to 41% 
from business as usual by 2030."  
 
Question:  
31. Türkiye's Green Transition saw the country launching its "Green Development 
Revolution" and ratifying the Paris A greement in 2022 increasing its emissions reductions 
target from 21% to 41% from business as usual by 2030. According to FAO, 14.7% or 
about 11,334,000  ha of T ürkiye  is forested. In this regard, how much carbon dioxide do WT/TPR/M/439/Add.1  
 
- 143 - 
 
  these forests remove from the atmosphere? Does Sustainable Forest Management play a 
vital role in increasing Türkiye's forests' carbon sequestration capacity?   
 
Answer:  In the carbon stock change rep orting of Türkiye's forests, in addition to the forests 
in the FAO definition, other wooded areas are also reported.  According to Türkiye's National 
Inventory Report (NIR), as of 2020, 48.2 Mt of carbon dioxide  is captured.  Sustainable Forest 
Management po sitively affects carbon sequestration capacity due to biomass increase in 
forests.  
 
FUTURE ECONOMIC AND TRADE POLICY GOALS  
Para 5.3 (Page 25)  
Besides,  Türkiye is now focusing on boosting its trade with distant countries as well as working to 
remove all th e obstacles its economic operators have been facing in those markets. In order for 
Türkiye to realize this target, the guiding strategy document, "Far Countries Strategy" has been 
implemented. Thanks to this strategy, among other benefits for increasing ec onomic and commercial 
cooperation of Turkish business circles with their counterparts in far countries, the average distance 
of Türkiye's exports, which stands at 3,065  km currently, is set to be increased to the world average 
at 4,744  km, and the market s hare of Turkish exports is set to be increased to at least 1%, which 
is Türkiye's share in the world exports.  
 
Question:  
32. What is the philosophy behind Türkiye's "Far Countries Strategy"? How is this 
strategy related to its own Asia Anew initiative? We note that Türkiye has 22 FTAs in force, 
two PTAs in effect, and at least 14 FTAs under negotiation. It also has a Customs Union 
with the EU. Given the number of FTAs already in place, how does T ürkiye  rationalize 
adding more agreements vis-à-vis costs and benefits gained from existing FTAs? Please 
provide an assessment of the gains arising from Türkiye's  enforced FTAs.   
 
Answer:  With the Strategy of Far Countries, Türkiye aims to reveal the potential of 
commercial and economic cooperation and  partnerships with far countries and to ensure 
sustainability in trade flows, to diversify its trade markets and to better integrate into global 
value chains as well as to increase the awareness between business communities.  
 
About two -thirds of Türkiye's  total exports is to the countries that are relatively close to 
Türkiye; and average export distance remains below the world's mean. The continuation of 
the current upward momentum in our exports is now focusing on increasing the range of 
exporters from neighbouring  to faraway countries. In this respect, one of the objectives of the 
Strategy is also to increase the average distance of Türkiye's exports, which is 3 ,065 km, to 
the world average at 4 ,744 km.  
 
To reach this target, "Far Countries Strategy", with macroeconomic analyses conducted for 18 
distant countries individually selected on the basis of a number of criteria and specifically 
designed action plans both in terms of trade in goods and services ha ve been released in 
2022.  
 
The selected countries are at a distance of more than 2 ,500 km to Türkiye, having more than 
USD 60 billion imports from all over the world and countries that have a share of 1 % for 
Türkiye in their imports.  
 
On this basis, 18  selected countries are; Australia, Brazil, Canada, China, Chile, India, 
Indonesia, Japan, Malaysia, Mexico, Nigeria, Pakistan, Philippines, Republic  of Korea), 
Thailand, Viet  Nam, South  Africa and U nited States. 
 
The action plans include following activities for each 18 countries;  
- Preparing country -based market access guides,  
- Increasing effectiveness of the functioning of business councils in those countries,  
- Organization of B2B matchmaking activities,  
- Networking activities to ensure easy doing business,  
- Intensifying promotional activities, especially advertising activities in the written and 
visual media through TV series, films and digital games,  
- Improving the cooperation areas in e -commerce,  WT/TPR/M/439/Add.1  
 
- 144 - 
 
  - Awareness increasin g activities to promote "made -in-Türkiye" brand for Turkish goods 
and services,  
- Promoting www.askturkiye.com  website for those countries,  
- Intensifying sectoral trade fairs.  
 
Strategy report is available only in Turkish accessible at the following website 
https://ticaret.gov.tr/ihracat/uzak -ulkeler -stratejisi .  
 
This Strategy does not cover necessarily any kind of preferential trade agreements with the 
countries concerned.  
 
Para 5.4 (Page 25)  
Last but not the least, trade liberalization at all fronts, with its potential to deliver new tra ding 
opportunities, will be carrying Türkiye forward towards accomplishing its 2023 Vision. In this respect, 
with the outbreak of the COVID -19 pandemic, Türkiye observed the needs and requirements of the 
manufacturers and exporters, and introduced high -tech solutions to assist their quest of finding 
alternative markets. The "Easy Export Platform," for example, is an AI -based system offering 
potential exporters up to 15 recommendations. The system takes into consideration features like 
customs duties, non -tariff measures and rules of origin; and benefits from data and information of 
16 different databases, and provides tailor made market and product recommendations for free to 
Turkish citizens and companies.  
 
Question:  
33. We commend Türkiye's innovative use  of technology in driving its international 
trade ambitions, particularly the "Easy Export Platform" which is seen as a platform to 
support the realization of export growth potential. Could Türkiye share information on the 
platform's utilization since it w as launched? How many inquiries led to an increase in 
exports? How effective is the platform in meeting its objectives? What other innovative 
technologies is Türkiye utilizing to support its international trade ambitions?  
 
Answer:  At the 'Easy Export Platform' (www.kolayihracat.gov.tr), which became operational 
on 28  August  2020, all the information which might be required during the export process is 
provided to our exporters and entrepreneurs. It is a continuously updated digital platform 
developed with the aim of providing exporters with a decision support mechanism for entering 
foreign markets. The platform integrates data from different government entities, alongside 
various databases, systems, and paid data sources. Information obtained thr ough traditional 
methods, existing regulations, and specific product -market combinations are presented to 
users through various modules. Additionally, the "Market Entry Roadmap" module is designed 
to provide exporters with the necessary information for mar ket entry decisions in a specific 
product and target market.  
 
Through the integration of diverse data sources into the platform and the utilization of machine 
learning algorithms for analytical modelling, the "Smart Export Robot" module has been 
created. T his module, considering global trade statistics and Türkiye's export ecosystem, 
allows exporters to find answers to a wide range of questions related to market access.  
Users of this Platform can access detailed information which must be accounted for concerning 
all the products and countries they are willing to export. This platform ensures accessibility of 
information about issues regarding the foreign trade of related countries to its users. 
Furthermore, the platform explains export processes with a training module and a "step -by-
step export guide" in a simplified manner.  
 
PART III: OTHER QUESTIONS  
Other General Questions  
 
34. How does Türkiye determine practices which  undermine competition, particularly 
those involving conflict of interest or beneficial ownership in government procurement, 
including the procedures involved and corresponding penalties imposed to minimize, if 
not prevent, collusion and corruption in the conduct of government procurement?   
 
Answer:  In Article  11 of Public Procurement Law No.  4734, those who cannot participate in 
any procurement, directly or indirectly or as a sub -contractor, either on their own account or 
on behalf of others are listed in detail, which involves conflict of interest. According to this WT/TPR/M/439/Add.1  
 
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  Article, the tenderers who participate in a public procurement despite the listed prohibitions 
are disqualified and their tender securities are registered as revenue. Also those who are 
establi shed to be involved in acts and conducts set forth in Article  17 which includes conflict 
of interests are prohibited from participating in public procurements, for at least one year and 
up to two years depending on the nature of the listed acts and conducts.  
 
35. How does Türkiye measure "best value of money" in government procurement and 
how is this considered in the award of contract? Do they consider lifecycle costing analysis 
as a factor in determining this? If yes, when and how is this undertake n by the procurer?   
 
Answer:  According to the second paragraph of Article  40, the economically most 
advantageous tender is determined either solely on the basis of price or on the basis of both 
price and non -price factors such as operation and maintenance costs, cost effectiveness, 
productivity, quality and technical value. In procurement where the economically most 
advantageous tender is determined by taking into account the non -price factors in addition to 
the price, the monetary values or relative weight s of these factors are specified in procurement 
documents.  
 
Therefore, it is at the discretion of contracting authority to determine whether the 
economically most advantageous tender is evaluated solely on the basis of price or on the 
basis of both price and non -price factors. In the current Turkish public procurement legislation, 
the term "life -cycle cost" is not defined or mentioned. However, for contracting authorities, 
there is not any restriction regarding the use of this type of non -price factors.  
 
36. Could Türkiye share the grounds, procedures, appeals and challenges in the 
suspension or exclusion of erring suppliers from government procurement?   
 
Answer:  As mentioned above, the remedies system of Türkiye during the public procurements 
has three ste ps which include appealing to the contracting authority, then appealing to the 
Public Procurement Authority and then challenging the decisions of the PPA before the courts. 
The complainant must appeal to the CA within 10 days starting from the date when th e 
unlawful act was noticed or must have been noticed. The deadline is reduced to 5 days where 
negotiated procedure is used in urgent matters. Standstill period is 10 days and CAs cannot 
sign the contract unless 10 days elapses after the contract award deci sion is received by the 
tenderers (5 days in urgency procedures).  
 
CA's and the PPA can take three types of decisions which are taking corrective action, 
annulment of the procurement proceedings and rejection of complaint. All the details 
regarding the co mplaint process and the durations are explained in the related legislation 
which are called Public Procurement Law No.  4734, Regulation on Applications Regarding 
Procurement and Communique on Applications Regarding Procurement respectively.  
 
If an economi c operator is suspended from the public procurements by a relevant Ministry or 
Entity, it can challenge that suspension decision before the courts. The list of economic 
operators who are prohibited from participating in tenders is kept by Public Procuremen t 
Authority publicly.  
 
37. What are the perceived impact effects to the economic and trade policy goals of 
Türkiye due to the recent devastating earthquake that hit Türkiye, and the ongoing 
Russian  Federation -Ukraine crisis? What are the sectors which Tür kiye will prioritize to 
facilitate recovery from these natural and man -made calamities?   
 
Answer:  The earthquakes affected 11 cities and 14  million people, and led to the loss of over 
50,000 lives and the destruction of 850 ,000 independent units. The total economic cost of the 
earthquake on Türkiye is estimated to be around USD  103.6  billion, projected to reach almost 
10% of GDP in 2023. The effect of the earthquake on growth is calculated as negative 
0.6 percentage point  in 202 3. 
 
Due to the earthquakes, there is an urgent need for housing and infrastructure investment. 
The construction of residences continues as well as offices and commercial buildings. This 
year, 3 % of GDP will be allocated for reconstruction and mitigation activities. In 2024, we will 
allocate 1 trillion 28 billion TL (2.5 % of GDP) for the earthquake expenses.  WT/TPR/M/439/Add.1  
 
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In a challenging environment, we are taking steps to strengthen macro financial stabilit y, 
which is the bedrock of recovery. In addition, we aim to increase our productivity and 
competitiveness through structural reforms.  
 
Türkiye's high competitiveness in construction and contracting, tourism, transport and airlines 
is helping to recover and  improve the position in the global supply chains. Moreover, we have 
a very comprehensive agenda on disaster management, green and digital transformation.  
 
On the other hand, due to the Russia n Federation -Ukraine War, Türkiye's trade structure with 
both pa rties has been disrupted and serious commercial losses have occurred. Disruption of 
transportation important raw materials due to this tension led to supply shocks in the global 
economy. In particular, the inability to deliver critical raw materials and us e them in production 
has caused economic bottlenecks. These negative global developments have also severely 
affected the Turkish economy.  
 
Food prices, which gained momentum with the pandemic, started to rise more sharply after 
the war between the Russia n Federation  and Ukraine. The global food supply chain has been 
significantly damaged, due to decline in production and malfunction in logistics. Grain Corridor 
Agreement between the Russia n Federation -Ukraine, which signed with the initiative of 
Türkiye and  UN, alleviated the severe effects of the food crisis.  
 
Textile and ready -made clothing sectors in Türkiye are among the sectors that are affected 
the most by the conflict between the Russia n Federation  and Ukraine, in terms of exports.  
 
  WT/TPR/M/439/Add.1  
 
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  RUSSIA N FEDERATION  
TRADE POLICY REVIEW – 
REPORT BY TÜRKIYE  
4 TRADE POLICIES  
 
Page 14, para 4.6. The Report by Türkiye states that "on the other hand, with the rapid increase in 
e-commerce activities in the aftermath of the COVID -19 pandemic, to create a fair compe tition 
environment and prevent unfair trade practices against sellers on e -commerce platforms, the new 
Turkish e -commerce Law was formulated and was published in the Official Gazette on 1 July 2022".  
 
Question No. 1 
The Russia n Federation  would appreciate further information on Turkish new e -commerce 
Law and how it prevents unfair trade practices.  
 
Answer : On 1 July  2022, Grand National Assembly of Türkiye adopted the Law on the 
Amendment of the Law on Regulation of Electronic Commerce ("L aw") as Law no. 7416. A 
change was made with this law and accordingly, new obligations, definitions, restrictions and 
administrative fines have been introduced.  
The Amending law establishes the definitions of "electronic commerce intermediary service 
provider (ECISP)", "electronic commerce service provider (ECSP)" and "net transaction 
volume".  
The definition of "net transaction volume" and the number of transactions are used when 
determining the obligations of electronic commerce intermediary s ervice providers and 
electronic commerce service providers.  
 
The obligations that will apply to e -commerce intermediary service providers have been 
divided into four groups based on their net transaction volumes.  
 
The main provisions of the new law can be  summarized as follows:  
- Ensuring smooth and fair competition in the market,  
- Preventing intellectual and industrial property rights violations in e -commerce 
marketplaces and preventing illegal content.  
- Prevention of unfair trade practices in e -commerce.  
- Separation of the sales of ECISPs own branded products from the e -commerce 
marketplace.  
- Preventing ECISPs from unfairly competing with their sellers by using the data they 
obtain.  
- Preventing ECISPs from unfairly competing with their sellers by using the data they 
obtain.  
- Advertising and discount spending restriction; not engaging in advertising and discount 
activities that exclude competitors from the market.  
- Prevention of electronic commerce intermediary service providers from offering e-wallet -
like services in their marketplace by themselves or by persons with the same economic 
integrity.  
- Restriction of cargo activities of electronic commerce intermediary service providers, 
except for sales in marketplaces, their sales as sellers and th eir physical sales.  
- Prevention of electronic commerce intermediary service providers from serving as a 
classifieds platform at its e -commerce marketplace.  
- E-Commerce License.  
 
Also, upon complaints made or inspections carried out by electronic commerce intermediary 
service providers, if it is determined that the electronic commerce intermediary service 
provider engages in unfair commercial practices against the electronic commerce service 
providers to which it provides intermediary services, adm inistrative sanctions will be imposed 
on the electronic commerce intermediary service providers.  
 WT/TPR/M/439/Add.1  
 
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  TRADE POLICY REVIEW – 
REPORT BY THE SECRETARIAT  
1 ECONOMIC ENVIRONMENT  
1.1. Main features of the economy  
Page 15, para 1.5. According to the Report, "Türkiye is located in the Mediterranean Basin, one of 
the regions in the world expected to be most affected by climate change. Recent floods, forest fires, 
and sea pollution have also shown how highly vulnerable the country is to the impacts of climate 
change. In addition, energy supply disruptions and fuel price increases because of geopolitical 
conflicts have underscored the urgency of climate action in support of energy security and 
affordability. As part of its efforts to tackle these challenges, Türkiye adopte d its Green Deal Action 
Plan in August  2021 to comply with the European  Union 's European Green Deal. Some of the main 
actions under the Green Deal Action Plan include limiting carbon emissions; promoting green 
financing and circular economy; encouraging cl ean, economic, and safe energy supply; supporting 
sustainable agriculture; and fostering sustainable smart travels".  
 
Question No. 2 
Please clarify whether Türkiye is planning to align its regulations with the EU CBAM. How 
would the compatibility of this alignment with the WTO law be insured?  
 
Answer : As a result of the Customs Union, our country has largely aligned its national 
legislation with EU legislation through technical regulations, and our advanced level of 
compliance in this  area has made a significant contribution to our country's production 
capabilities in line with international standards.  
 
In this context, because of CBAM has some elements that effects the market entry of products 
such as requirement on calculation of pr oduct emissions rather than installation emissions, 
verification requirement and accreditors being EU entities , the most crucial issue is ensuring 
a non -discriminatory treatment that is not more burdensome than necessary to achieve the 
objectives of CBAM, without putting the importers and imported goods at a less competitive 
position compared to their counterparts or products in the EU.  
 
We understand that the Commission is focusing more on ensuring the equivalence of carbon 
costs applicable in the EU single market and those to be applied to the imports of CBAM goods. 
However, it should be noted that the equivalence of the financial and administrative burden 
imposed on the importers and producers in third countries is important for maintaining fair 
comp etition and non -discrimination in the EU market. There are some specific issues in current 
CBAM Legislation that would have negative impacts on third country producers and exports, 
especially for SMEs. In that sense, Türkiye is waiting for some modificatio ns to eliminate these 
problematic elements of CBAM.  
 
There is not a CBAM legislation underway in Türkiye yet but Türkiye strongly expects from the 
EU that the EU CBAM is compatible with WTO law and Customs Union requirements.  
 
Question No. 3 
Could Türkiye share what are the expected timelines and goals of the Green Deal Action 
Plan, per its element ( e.g. limiting carbon emissions, promoting green financing, etc.).  
 
Answer:  Green Deal Action Plan includes a total of 32 objectives and 81 actions under the 
9 main headings to be implemented by various institutions and stakeholders. Collaboration 
among relevant institutions and stakeholders will be crucial in implementing the plan's 81 
actions to achieve the set objectives. All of the actions have different time lines and the latest 
deadline is extended until 2027 for some actions. On the other hand, many actions regarding 
green finance infrastructure have already been completed.  
Additionally, we have started the process of updating the action plan.  
 
Question No. 4 
Could Türkiye provide the initial results of the Green Deal Action Plan realization (% of 
reduction of CO 2 emissions, the volume of green finance etc.)?  
 
Answer:  The actions planned to be completed in the first phase within the scope of the Green 
Deal A ction Plan include the creation of "low -carbon sectoral roadmaps", "the establishment WT/TPR/M/439/Add.1  
 
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  of green finance infrastructure", "the enactment of climate law". These mentioned goals will 
be completed according to the projected timelines.  
 
Question No. 5 
Which fina ncial support measures have been implemented by the government in order to 
promote the concept of «sustainable agriculture»?  
 
Answer:  In order to promote sustainable agriculture, the development of necessary 
technologies, the protection of biodiversity and genetic resources, and the adoption of 
environmental approaches in agricultural production are prioritized.  In this context, 
supporti ng individual irrigation systems; renewable energy investments within the scope of 
rural development investments; processing, drying, freezing, packaging and storage of plant 
and animal products; infrastructure investments for the development of family bus iness 
activities; environmental activities such as organic agriculture, good agricultural practices; soil 
analysis; solid organic organomineral fertilizer for the protection of soil and underground water 
resources; biological and biotechnical control and t he use of bumblebees are supported.  The 
sustainability of the fisheries and aquaculture sector is ensured within the  framework of the 
relevant law and secondary legislation, which includes related controls and inspections.  
 
Question No. 6 
Could Türkiye ple ase clarify what is meant by the term "sustainable smart travels "? 
 
Answer:  "Sustainable Intelligent Transportation" is one of the nine targets determined in the 
Green Deal Action Plan. The actions of the action plan with the target of sustainable intelligent 
transportation are as follows:  
- The "Combined Transportation" Regulation and the "Logistics Centers" Regulation will 
be put into eff ect to support the balanced development of transportation types and 
methods.  
- Efforts to improve and develop the railway infrastructure between the EU and Türkiye 
will continue.  
- It is aimed to prepare national legislation regarding the Green Port Certificate Program 
and to hold meetings in order to obtain maximum benefit from this program and raise 
awareness.  
- Within the scope of the studies for declaring the Mediterranean as a SECA (Sulfur 
Emission Control Area), our country will carry out preparat ory work for harmonization.  
- It is planned to carry out studies to reduce harmful emissions arising from the maritime 
sector and to support green maritime.  
- Strategy development and planning activities will be carried out for the development of 
electric vehi cles and charging infrastructure.  
- "4.5" in the National Intelligent Transportation Systems Strategy Document and 2020 -
2023 Action Plan. The effective implementation of the "Use of Electric Vehicles in Public 
Transport Fleets and Service Vehicles and Promot ion of Public Transport" action will be 
monitored.  
- In order to reduce exhaust emissions and provide alternative fuel, low -emission 
individual transportation opportunities, necessary legislative studies will be completed 
to increase the use of micro mobilit y vehicles such as bicycles and shared electric 
scooter systems, Bicycle Transportation Master Plans will be prepared and bicycle/e -
scooter roads, parking and charging facilities will be completed. stations will be built.  
- In the context of sustainable urba n mobility, IPA funds will be used in urban 
transportation projects, especially bicycle paths.  
 
Question No. 7 
Could Türkiye please provide more detailed information concerning the green finance 
programmes that have been implemented?  
 
Answer:  In order for the goals of the Paris Agreement to be realized, it is essential that 
investments support countries' climate policies. Especially in developing economies, global 
financing flows need to be directed in a way to close the financing gaps for critical step s to be 
taken for the climate. The involvement of financial sector actors in the transition to a low -
carbon economy and the widespread use of instruments such as green loans and bonds will 
have critical facilitating effects.  WT/TPR/M/439/Add.1  
 
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  In this context, Türkiye is tak ing rapid and decisive steps to combat climate change. In line 
with the goal of developing a sustainable, efficient and green economy, we are strengthening 
our green finance ecosystem in line with national priorities and international standards to 
mobilize  national and international financing flows. In this context, the Capital Markets Board 
prepared the "Sustainability Principles Compliance Framework" in 2020 to guide the 
sustainability practices of publicly traded companies. In 2022, it published the "Gre en Debt 
Instrument, Sustainable Debt Instrument, Green Lease Certificate, Sustainable Lease 
Certificate Guide" to regulate the use, management and reporting of green debt instruments. 
The "Sustainable Financing Framework Document" prepared by the Ministry of Treasury and 
Finance, which enables sustainable government bond issuances, was published in 2021.  
 
The "Sustainable Banking Strategic Plan", which includes a roadmap for the development and 
dissemination of sustainable finance practices in the banking sector, was published by the 
Banking Regulation and Supervision Agency in 2021. In addition, a "Green Asset Ratio 
Communiqué" defining the basic principles of green financial assets is being developed by the 
Banking Regulation and Supervision Agency.  
 
1.3.3 Foreign direct investment  
Pages 24 -25, para 1.36. According to the Report, "During the review period, Türkiye took steps to 
facilitate FDI, notably through the Investment Office of the Presidency and its FDI Strategy 2021 -
23 (Section  2.4.1), and the deve lopment of PPPs for major infrastructure projects. In addition, 
Türkiye has been benefit ing from its position as a relatively low -cost manufacturing hub close to EU 
markets. Nonetheless, according to the OECD, recent unorthodox economic policies have 
discouraged investors; Türkiye would also benefit from reinforcing the governance environment as 
envisaged in the Eleventh Development Plan (2019 -23), which requires improvements, inter alia, 
regarding rule of law, judicial credibility, and corruption (e.g. mon ey laundering and terrorism 
financing). Türkiye's stock of FDI decreased in 2021, after peaking in 2020 (Table  1.4 and 
Chart  1.4), despite the global economic uncertainty caused by the pandemic".  
 
Question No. 8 
Which sectors of the Turkish economy account for the largest amount of FDI during the 
period under Review?  
 
Answer:  For the period of January  2016 to the end of 2022, Türkiye has received 
USD 47.3 billion of equity inflow (not equivalent to total foreign direct investment inflow since 
it excludes intra -company loan transactions and real estate investments). The following 
sectors have attracted the largest equity inflows in that period; Manufacturing (24.5%), 
Wholesale and Retail Trade (20.3%), Financial an d Insurance Activities (18.3%), 
Transportation and Storage (7.9%), Information and Communication Services (7.9%), Energy 
(5.1%).  
 
2.2. Trade policy formulation and objectives  
Page 31, para 2.14. The Report states that the "trade policy objectives are also  contained in the 
Government's Eleventh Development Plan (2019 -23), which emphasizes the importance of exports 
of goods and services for ensuring balanced economic growth and in improving Türkiye's position in 
the hierarchy of GVCs. It foresees an export -orientated transformation of the Turkish economy, 
inter alia, through policies to increase the competitiveness and productivity of the industrial sector 
as well as through support to sectors with a competitive potential and a high foreign trade deficit. 
The Plan also envisages the negotiation of new, and expansion of existing, free trade agreements, 
as well as the Government's aim to make the country a regional hub for trade in e -commerce".  
 
Question No. 9 
Could Türkiye share which measures are used in order to support economy sectors with 
high a competitive potential and a high foreign trade deficit?   
 
Answer:  As you know, Türkiye has achieved significant success in exports in recent years; 
especially in high value -added sectors suc h as automotive, defence  industry, machinery, 
electronics, chemicals, pharmaceuticals and medical devices. Our exports of high and 
medium -high technology products have increased significantly even during periods of 
pandemic, global conflicts and increases in raw material prices.  
According the TURKSTAT data the total value of exports of medium -high and high -technology 
products increased by 47.8% in five years to USD 88.7 billion in 2022.  WT/TPR/M/439/Add.1  
 
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  Türkiye aims at maintaining sustainable increase in exports of both goods and services. In 
this context, in order to increase our value -added exports with high -tech products, Türkiye is 
focusing especially on R&D, innovation, and participation in supply ch ain projects.  
Medium -high technology products are at the forefront of the measures taken against the 
foreign trade deficit in Türkiye. In this respect, a credit programme called Single Credits with 
Investment Commitments (SCIC) was announced by Turkish Ce ntral Bank in line with its 
objectives of price and financial stability. Within the scope of this credit mechanism, 
TRY 20 billion is allocated to sustainable and productive investment commitments in selective 
sectors that help reducing trade and current a ccount deficits in Türkiye.  
 
In addition, Ministry of Industry and Technology carries out the Technology -Focused Industrial 
Move Program in order to increase value -added production by concentrating incentives on 
medium -high and high -technology sectors. Th is program aims at developing the domestic 
production capacity of products that are of critical importance for Türkiye and have high future 
export potential, such as high added value chemicals, medical devices, pharmaceuticals, 
computers, electronics, opti cs, electrical equipment, machinery and transportation vehicles.  
 
Question No. 10 
Please clarify what is meant by the 'expansion of existing, free trade agreements'? Would 
such expanded FTA include WTO+ provisions? Which spheres would such provisions 
cover ?  
 
Answer:  That means to expand the scope of existing FTAs by enlarging the agricultural 
products concessions and to include chapters on services and investment, SPS, TBT, IPR, 
competition, trade remedies, or dispute settlement aiming to introduce WTO+ provisions.  
 
Question No. 11 
Which measures are envisioned/implemented to promote the 'Government's aim to make 
the country a regional hub for trade in e -commerce'?        
 
Answer:  Some of the areas Türkiye believes to be important are as f ollow:  
- streamlined customs procedures and logistics for e -commerce goods since delivery at a 
timely manner is of crucial importance for e -commerce.  
- facilitating e -commerce through digitizing e -commerce processes and accepting digital 
forms in place of physical such as electronic signatures and electronic contracts.  
- enhancing consumer trust in e -commerce through online consumer protection, preventing 
unsolicited commercial electronic messages, personal data protection and such.  
- balancing con sumer, business and government expectation especially with regards to 
protection and flow of; and access to data.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures directly affecting imports  
3.1.1 Customs procedures, valuation, and requirements  
3.1.1.1 Customs procedures  
Page 47, para 3.10. The Report states that "Türkiye continues to monitor the import prices of, and 
collect specific data on, selected goods under its import surveillance mechanism. Under the system, 
surveillance cert ificates must be obtained for the import of certain products; to obtain this certificate, 
additional data and/or information must be provided. As indicated by the authorities, data collected 
during this surveillance process are used to evaluate domestic pr oducers' claims on injury that might 
lead Türkiye to initiate a safeguard or anti -dumping investigation. Surveillance is also used to 
monitor if there is circumvention of trade remedy measures already in place. For some products, 
import surveillance is imp lemented to products below a certain c.i.f. value. For other products, there 
is no set price criteria. According to the authorities, this determination is made based on the 
characteristics of the product itself or the target of the surveillance application . For the products for 
which surveillance is applied to products below a certain c.i.f. value, the authorities indicate that this 
is to have the least effect on other trade. However, concerns have been expressed that this may 
lead to over -invoicing, as imp orters may choose to declare a customs value above the c.i.f. threshold 
to avoid the process of obtaining a certificate and providing the associated information. A list of the 
items currently subject to import surveillance was not available".  
 WT/TPR/M/439/Add.1  
 
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  Question No. 12 
Could Türkiye clarify calculation methodology for determining a "certain c.i.f. value"?  
Answer:  The calculation methodology depends on the product and specific conditions of the 
related industry.  
 
Question No. 13 
Could Türkiye share the list of the it ems currently subject to import surveillance?  
 
Answer:  All details of the surveillance applications of Türkiye are published in the Official 
Gazette.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures directly affecting imports  
3.1.7 Other measures affecting imports  
3.1.7.1 Local content measures  
Page 66, para 3.65: According to the Report, "under the Law on the Utilization of Renewable Energy 
Resources for the Purposes of Generating Electrical Energy as amended in 2010 (Law on Renewable 
Energy Law), and Presidential Decree No. 3453 of 20 January 2021, the State guarantees feed -in 
tariff (FIT) rates for the purchase of electrical energy by renewable energy power plants. It also 
provides additional incentives to power plants using domestically  produced mechanical and/or 
electro -mechanical products in the form of a top -up to the FIT (the so -called RER support 
mechanism). The objectives of this scheme are to increase the share of renewable energy sources 
in total electricity production, reduce de pendency on imported energy, and support renewable 
industry development in Türkiye, including through job creation and reduced dependency on imports 
of these components. The application of FIT and RER support was originally for eligible power plants 
commis sioned before December 2020; the deadline was subsequently extended to 30 June 2021. 
These supports were intended to be temporary. However, through Presidential Decree No. 3453, a 
new mechanism was introduced for power plants commissioned between 1 July 20 21 and December 
2025 under which the FIT rates are set for 10 years and the RER support mechanism incentives for 
5 years. Local content rates were decreased; previously they ranged from 0.023 USD/kWh to 0.092 
USD/kWh according to the type of production fac ility and they are now 0.08 TRY/kWh (Table 3.16). 
The FIT rates and RER supports are adjusted quarterly according to a basket composed of currencies 
and price indexes, and are subject to a USD cap".  
 
Question No. 14 
Are there any additional criteria for th e new support mechanism to be eligible for power 
plants commissioned between 1 July  2021 and December  2025?  
 
Answer:  Renewable energy resources support mechanism (YEKDEM) is implemented within 
the scope of the Law No.  5346 on the Use of Renewable Energy Resources for Electrical Energy 
Production, with policies and practices developed for the purpose of investing in electricity 
generation facilities based on renewable energy resources. With the YEKDEM application, 
guaranteed  purchase prices are provided for electricity produced from licensed renewable 
energy facilities. There are not any additional criteria for renewable energy support 
mechanism to be eligible for power plants commissioned between 1  July 2021 and 
December  2025. 
 
For unlicensed facilities that have started operation from 10  May 2019, Retail Single Term 
Electricity Prices  determined by Energy Market Regulatory Authority (EMRA) in Turkish Lira 
are applied for 10 years from the date of commissioned.  
 
Question No. 15 
What kinds of renewable energy plants are entitled to purchase electrical energy at FIT 
rates? Can such purcha ses be made by private entities in the course of their commercial 
activities?  
 
Question No. 16 
What kinds of plants can be considered to be «eligible power plants»?  
 
Answer to questions 15 and 16: Renewable energy resources support mechanism 
(YEKDEM) is implemented within the scope of the Law No.  5346 on the Use of Renewable 
Energy Resources for Electrical Energy Production, with policies and practices developed for WT/TPR/M/439/Add.1  
 
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  the purpose of investing in electricity generation facilities based on renewab le energy 
resources. Private entities are also eligible.  
 
Question № : 17  
Could Türkiye please describe RER support mechanism in detail? What kinds of additional 
incentives are available to power plants using domestically produced mechanical and/or 
electro -mechanical products?  
 
Answer:  For power plants using domestic machinery and equipment, there is no different 
support measures that are provided according to our investment incentive scheme.  
Renewable energy resources support mechanism (YEKDEM) is implemented within the scope 
of the La w No.  5346 on the Use of Renewable Energy Resources for Electrical Energy 
Production, with policies and practices developed for the purpose of investing in electricity 
generation facilities based on renewable energy resources. With the YEKDEM application, 
guaranteed purchase prices are provided for electricity produced from renewable energy 
facilities. As a result of guaranteed purchase prices and other incentive practices, efforts in 
renewable energy, which have been strengthened with strong hydroelectric power plant 
investments since the early 2000s, have gained variety with other renewable types over time, 
and Türkiye has shown a significant development in the last 10 years.  
 
YEKDEM FOR LICENCED ELECTRICITY GENERATION FACILITIES  
 
- For facilities that have  started operation by the end of 2020, YEKDEM prices are applied 
for 10 years from the date of entry into operation.  
 
- For facilities that have started operation between 01/01/2021 and 30/06/2021, YEKDEM 
prices determined are applied from 10 years from the year of entry into operation until 
31/12/2030.  
 
YEKDEM FOR UNLICENSED ELECTRICITY GENERATION FACILITIES  
 
- For facilities that have started operation until 10/5/2019, YEKDEM prices are applied for 
10 years from the date of entry into operation.  
 
- For facilities that have started operation from 10/5/2019, Retail Single Term 
Electricity Prices  determined by Energy Market Regulatory Authority (EMRA) are 
applied for 10 years from the date of entry into operation.  
 
Retail Single Term Electricity Prices for unlicensed facilities that have started operation from 
10/5/2019. The current tariffs are shown on the table below.  WT/TPR/M/439/Add.1  
 
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3.2.4 Export finance, insurance, and guarantees  
Page 73, para 3.88. The Report by the Secretariat states that "during the review period, Türk 
Eximbank successively lowered lending rates for SMEs and exporters of high -tech products from 
15.19% in August 2019 to 7.95% in November 2019 in order to strength en their competitiveness. 
An export credit scheme for young entrepreneurs was launched in May 2019 together with Turk Is 
Bank, with preferential interest rates for eligible companies. The bank also launched an initiative in 
March 2019 to give loans through  partner banks at preferential rates to female entrepreneurs; this 
initiative was expanded in May 2019 to include more partner banks and increased resources".  
 
Question No. 18 
Could Türkiye please clarify what is the average preferential rate for female 
entrepreneurs?  
 
Answer:  Within the scope of the facility addressed to female entrepreneurs, a discount of 
0.25 point was applied over the interest rates of only FX pre -shipment export credit program 
of Turk Eximbank.  
 
Question No. 19 
Do young entrepreneurs  have to reach a certain volume of export sales in order to meet 
the requirements of export credit programmes?  
 
Answer:  No. 
 
3.3 Measures affecting production and trade  
3.3.1 Incentives  
3.3.1.1 Introduction  
Page 74, para 3.91. The Report states that "as of October  2022, Türkiye's legal framework on the 
control of state aid was still not operational. While Law No.  6015 on the Monitoring and Control of 
State Aid officially entered into force in 201096, the secondary legislation required for it to be 
effecti ve has not yet been enacted. Law No.  6015 sets out provisions on state aid as well as the 
procedures and principles for monitoring such support. The Law does not apply to state aid in the 
agricultural, fishery, and services sectors".  
 
Question No. 20 
Could Türkiye clarify whether its legal framework on the control of state aid has entered 
into force?  
 
WT/TPR/M/439/Add.1  
 
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  Answer:  The works on the secondary legislation are in progress.  
 
3.3.1.3 KOSGEB support schemes  
Page 78, para 3.96. According to the Report, the "KOSGEB' s support programmes fall under five 
overarching programmes as well as the COVID -19-related Rapid Support Program for Micro and 
Small Enterprises (Table  3.19). Eligible beneficiaries of these schemes are SMEs registered and 
active with KOSGEB. As indicated  by the authorities, while supports are available to all SMES, the 
manufacturing sector is the main beneficiary in practice. Key changes introduced to KOSGEB 
schemes since January  2016 have included: (i)  the implementation of the Green Transformation 
Suppo rt Program in 2022 under the SME Development Support Programme; (ii)  revisions to the 
ISGEM/TEKMER programme in 2019; (iii)  the launch of the Traditional and Advanced Entrepreneur 
Support Programmes in 2019; (iv)  expansion of the SME Development Support Pr ogramme from 
2019 to SMEs which are both technology suppliers and users of smart digital technologies; (v)  the 
launch of the SME Finance Support Programme in 2018; (vi)  the launch of the Vegetables and Fruits 
Cold Chain Leasing Support Programme in 2018; a nd (vii)  the implementation of the Strategic 
Product Support Programme in 2017".  
 
Question No. 21 
Could Türkiye please elaborate on the key requirements that companies (SMEs) have to 
meet to qualify for the Green Transformation Support Program? What kind of support 
measures are envisioned by this Program for SMEs?  
 
Answer:  The program  aims SMEs to improve their energy and resource performance and 
reduce their carbon emissions. The program will support manufacturing SMEs in adopting 
green transition pl ans to improve their resource efficiency (with a focus on energy, water, and 
waste management efficiency). The Program will raise the awareness among SMEs about the 
current and future sustainability requirements in local and export markets, potential 
techn ologies to improve firm's sustainability and their expected impact on firms' performance, 
and recommended standards for green sustainability. More information on: 
https://www.kosgeb.gov.tr/site/tr/genel/detay/8707/turkiye -yesil-sanayi -projesi .   
 
3.3.4.2 Competition policy  
3.3.4.2.1 Legal and institutional framework  
Page 89, para 3.134. According to the Report, the "Law No. 4054 of 1994 on the Protection of 
Competition remains the principal legal basis for the promotion and enforcement of competition in 
goods and services markets. It addresses three types of behaviour: (i) anti -competitive agreements, 
concerted practices, and  decisions; (ii) abuse of dominant position; and (iii) mergers and acquisitions 
distorting the competitive structure of the market. The Turkish Competition Authority (TCA), led by 
a seven -member competition board, remains responsible for the implementation  of the Law. While 
the Law applies to all sectors without exclusion, the TCA has signed protocols with the Public 
Procurement Authority, the Banking Regulation and Supervision Agency, ICTA, the Personal Data 
Protection Authority, and EMRA to ensure that th ere is no overlap in their respective functions. The 
TCA has a protocol in place with ICTA (Section 4.4.3), whereby it is obliged to seek the opinion of 
ICTA before opening an investigation. The TCA has signed MOUs with its counterparts in various 
third co untries to promote cooperation and the exchange of information".  
 
Question No. 22 
Could Türkiye clarify whether there are any international cooperation agreements 
between the Turkish Competition Authority and competition authorities in other 
countries?  
 
Answer:  The TCA has taken steps to sign bilateral agreements with other competition 
authorities from around the world. We believe that the bilateral agreements such as 
Memorandum of Understandings (MoU) are declaration of intention for a better cooperation 
and provide more specific framework than the multilateral cooperation tools. The list of MoUs 
the TCA signed so far can be seen via the link: https://www.rekabet.gov.tr/en/Sayfa/About -
us/international -relations/bilateral -relations/ -co-operation -agreements -with-other -comp .  
 
Question No. 23 
Could Türkiye share statistics on the detection rate during the period under Review 
regarding the three types of anti -competitive behaviour identified in paragraph 3.134: 
(i) anti-competitive agreements, concerted practices, and decisions; (ii)  abuse of WT/TPR/M/439/Add.1  
 
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  dominant position; and (iii)  mergers and  acquisitions distorting the competitive structure 
of the market  
Files Concluded Under the Scope of Articles 4 and 6 of the Competition Act  
Year Article  4 Article  6 Mixed  
 (Article  4 & 6)  Total  
2016 41 29 13 83 
2017 37 29 13 79 
2018 46 23 19 88 
2019 30 26 13 69 
2020 36 22 7 65 
2021 40 23 11 74 
2022 58 14 6 78 
 
Results of Merger and Acquisition Notifications  
Year Cleared  Cleared with Conditions  Blocked  Out of Scope  
2016 177 _ _ 31 
2017 150 2 1 1 
2018 201 4 _ 18 
2019 185 2 _ 21 
2020 190 1 1 28 
2021 277 3 _ 29 
2022 209 2 _ 34 
 
3.3.6 Government procurement  
3.3.6.1 Basic legal and institutional framework  
Page 96, para 3.157. The Report by the Secretariat states that the "public procurement continues 
to be mainly governed by Law No. 4734 of 2002 on Public Procurement (PPL) and Law No. 4735 of 
2002 on Public Procurement Contracts (PPCL).179 The PPL establishes the principles and procedures 
to be applied in public procurements. The PPCL regulates the implementation of public procurement  
contracts awarded through the application of procurement procedures carried out in accordance with 
the provisions of the PPL. The PPL covers all stages of procurement procedures, except for the 
execution and termination of contracts, which are covered exc lusively by the PPCL. The PPL and the 
PPCL cover procurement undertaken at the central government and subcentral levels. The scope of 
application of the PPL and the PPCL includes public supply contracts, public service contracts, and 
public works contracts ". 
 
Question No. 24 
Could Türkiye clarify whether there are any bans or restrictions in terms of foreign 
suppliers' access to public procurement?  
 
Answer:  There is no ban or restriction in terms of foreign suppliers' access to public 
procurements in Türki ye. However, it is mandatory to be registered to Electronic Public 
Procurement Platform of Türkiye for all economic operators (domestic or foreign) who are 
willing to participate to the public procurement tenders.  
 
Question No. 25 
Please indicate which law s govern sectors of the economy that are not covered by the 
Public Procurement Law.  
 
Answer:  In the first article entitled "Purpose" of Law No.  4734, it is stipulated that the 
purpose of this Law is to establish the principles and procedures to be applied in any 
procurement made by public authorities and institutions governed by public law or under 
public control or using public resources. In the second article entitled "Scope" it is stated that 
the procurement of goods, services or works, the costs of whic h are paid from any resources 
at the disposal of the contracting authorities within the scope of the Law shall be carried out 
in accordance with the provisions of this Law. In this context; in terms of Law No.  4734, a 
purchase or work to be carried out within the scope of exceptions must first be evaluated 
within the scope of the said Law, due to its nature (scope or contracting authority). Under this 
framework, some different contracting authorities and institution s may follow different 
legislation regarding exceptions according to the nature of the tender in terms of public 
procurements by taking the opinion of Public Procurement Authority.  
 WT/TPR/M/439/Add.1  
 
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  Question No. 26 
Could Türkiye share which legal acts regulate decision -making on tender purchases?  
 
Answer:  As mentioned in the Secretariat Report, the public procurement process is governed 
by Public Procurement Law No.  4734 of 2002 (PPL) and its secondary legislation. The 
implementation of public procurement contra cts awarded through the application of 
procurement procedures carried out in accordance with the provisions of the PPL is governed 
by Public Procurement Contracts Law No.  4735 of 2002 (PPCL) and its secondary legislation.  
 
3.3.7 Intellectual property rights  
Page 102, para 3.174. The Report states that "Türkiye started implementing its National Intellectual 
and Industrial Property Strategy during the period 2015 -2018. One of the most significant results of 
the Strategy was the new Industrial Pr operty Code. Currently, Türkiye is implementing the 2019 -
2023 Intellectual Property Strategy, which was jointly prepared by the Ministry of Culture and 
Tourism and the Turkish Patent and Trademark Office. The General Directorate of Copyright, as 
provided f or the Eleventh Development Plan, is responsible for 13 policy measures contained in the 
chapter on IPRs, which aim at strengthening the legal framework and practice, developing an 
ecosystem that supports IPRs, and accelerating the commercialization of IPR s". 
 
Question No. 27 
Could Türkiye share additional information regarding its' 2019 -2023 Intellectual Property 
Strategy and 13 policy measures contained in the chapter on IPR of the Eleventh 
Development Plan?  
Answer:  "The 2019 -2023 Intellectual Property St rategy" (IP Strategy) was prepared in 
cooperation with the Ministry of Culture and Tourism and the Turkish Patent and Trademark 
Office, taking into account the importance of intellectual property rights for its contribution to 
socio-economic development an d the high added value of the relevant innovative and creative 
industries. This IP Strategy document, which determines the steps to be taken for the 
development of the intellectual property system in our country for the 2019 -2023 years, 
constitutes a chapt er within the 11th Development Plan.  
 
Within the 11th Development Plan, main policy measures specified in the chapter "intellectual 
property rights", aim to strengthen the legal infrastructure and practice in the intellectual 
property system, the developme nt of the ecosystem that supports the creation of intellectual 
property rights, and the acceleration of the commercialization of these rights.  
 
Main policy measures under the responsibility of the Directorate General of Copyright of the 
Ministry of Culture  and Tourism contained in the chapter on IPRs of the Eleventh Development 
Plan are provided below:  
 
454.4. Information activities will be carried out in order to raise public awareness about 
copyrights.  
454.7. In the software and informatics sector, inform ative and promotional activities will be 
carried out in order to increase the efficiency and awareness of the copyright 
registration practice.  
455.1. The existing records, data and national statistics on the cultural industries subject to 
copyrights will be diversified.  
455.2. A measurement report will be prepared on the economic dimension of the cultural 
industries subject to copyrights.  
455.4. The database of intellectual and artistic works will be integrated with the databases of 
collect ing societies and will be enriched to include up -to-date data on copyright 
ownership.  
456.13.  Auction halls and art galleries where fine art works are offered for sale will be 
identified and legislative work will be carried out to certify them.  
456.14. The  Regulation on Fees for the Copyright and Adaptive Works Payable by Public 
Institutions and Organizations will be updated to include issues of works and related 
rights.  
456.15. Regular training activities  will be provided to the commission members to ensur e 
uniformity in implementation and inform the members about the up -to-date 
legislation in order to increase the effectiveness of provincial audit commissions.  WT/TPR/M/439/Add.1  
 
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  457.4. The projects for copyright -based cultural industries will be supported by observing the 
Convention on the Protection and Promotion of the Diversity of Cultural Expressions 
of the United Nations Educational, Scientific and Cultural Organization (UNESCO).  
460.1. The applicable legislation will be updated in order to enable the collecting societie s to 
operate more efficiently and transparently.  
460.2. A guideline will be prepared and implemented in order to increase the institutional 
capacity of collecting societies on collective rights management including professional 
management, data production, human resources and digital environment.  
 
4.3 Manufacturing  
4.3.1 Features  
Page 122, 4.32. The Report states that "in terms of technology levels, the share of high and middle -
high technology use among SMEs in the manufacturing sector is small ( 0.6% and 10.9%, 
respectively); most SMEs in the manufacturing industry use low technology (56.7%) (Chart 4.3). 
Similarly, the majority of large -scale enterprises (47.6%) produced in the low -technology category 
and 2.9% in the high -technology category (Char t 4.3). In Türkiye, adopters of high -technology 
manufacturing include the automotive, aviation, electronics, chemicals, and textiles and clothing 
industries".  
 
Question No. 28 
Could Türkiye please indicate whether there are plans to improve access of SMEs to high 
and middle -high technology?  
 
Answer:  KOSGEB Advanced Entrepreneur Support Program is designed to provide different 
ranges of machinery hardware and software support programs according to the technology 
features of newly established products.  
According to Advanced Entrepreneur Support Programme Machinery, Equipment and Software  
 
Support Upper limits of grants are listed below:  
- Companies operating at medium -low and low technology levels: 100.000TL  
- Companies operating at medium and med ium high technology levels: 200.000TL  
- Companies operating at high technology levels: 300.000TL  
 
Thus, it is aimed to increase the share of high -tech enterprises in the economy.  
Besides, KOSGEB have some support programs in the field of medium -high and high  
technology sectors such as Technology Development Centers (TEKMER) Support Programme,  
Research & Development (R&D), Product Development (P&D) and Innovation Support 
Program.  
 
  WT/TPR/M/439/Add.1  
 
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  KINGDOM OF SAUDI ARABIA  
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
4.4.4.4 Air transport  
Page 143 (Para 125)  
The Transport and Logistics Master Plan, developed by the Ministry of Transportation and 
Infrastructure, lays out the priorities of the investments of the air transport services sector 
until 2053. The main p riorities for the air transport sector include: (i)  an increase in the number of 
airports to 61 from 57; (ii)  an increase in the number of inbound and outbound passengers from 
214.9  million in 2023 to 344.4  million; (iii)  the establishment and management o f infrastructure for 
emission monitoring, reporting, and verification; (iv)  the production of environmentally friendly bio -
fuels and/or synthetic fuels for airline transport; and (v)  the further development of regional airline 
cargo transport.  
 
Question:  
1. Could Türkiye please elaborate on priority (v); what policies would take in order to 
achieve this plan?  
 
Answer:  The Green (Sustainable) Scenario is taken as a basis for the Transport and Logistics 
Master Plan and sustainability is an important issue for all sub -sectors of transport in the Plan. 
Since the Master Plan is a high -level policy document, it sets macro lev el targets. The 
expression mentioned in sentence (v) is a target for air transport to achieve until 2053. 
Necessary strategies, policies and action plans regarding this target will be determined and 
implemented by relevant institutions during the monitorin g and evaluation phase of the Master 
Plan up to 2053.  
 
Page 83 (Para 3.110.)  
3.110. The import control system of Türkiye relies on product -specific communiqués for the rules, 
conditions, and required documents for different product groups to be imported i nto Türkiye. These 
are updated annually and are listed in Table  A3.5. Türkiye's risk -based electronic control system 
TAREKS is used to undertake safety checks on certain products (Section  3.1.1.1). According to the 
European Commission, Türkiye's product sa fety controls on imported goods processed through 
TAREKS may require additional documentation and information for products coming from the 
European  Union . 110 Over the review period, specific trade concerns (STCs) were raised by the 
United  States , and late r by Mexico and Canada, regarding Türkiye's inspection requirements on 
toys.111 In the context of this Review, the authorities indicate that relevant test reports are 
demanded only if the EU Declaration of Conformity lacks the required information. With re spect to 
safety controls on imports of toys, the authorities indicate that following risk analysis under TAREKS, 
inspections are conducted as document/marking checks. Products are sent to accredited laboratories 
only when the product is lacking relevant do cuments and laboratory testing is only done on an 
exceptional basis.  
 
Question:  
2. What are the conformity assessment procedures that applied to the local and 
imported products?  
 
Answer:  Irrespective of whether they are local or imported, products placed on the Turkish 
market, are subject to national legislation hence inspected by the competent authorities to 
control if they are in compliance with relevant technical regulation. The regulations require 
specific conformity assessment procedures concer ning the product groups. In cases where 
there is a technical regulation but the regulation does not have provisions about human health 
and safety or if the product does not have a technical regulation, then the inspection is carried 
out according to the Ge neral Product Safety Regulation.  
 
The inspections are conducted based on document/marking (such as CE Mark) checks and 
products are sent to laboratory testing only if latter stage of inspection fails to prove 
compliance of products with relevant regulation.  
Market surveillance is under the responsibility of nine competent authorities in Türkiye, and 
all market surveillance activities carried out and coordinated by the Ministry of Trade, DG 
Product Safety and Inspection.  
 WT/TPR/M/439/Add.1  
 
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  Some of the product group s regarded as risky are subject to import product safety controls. 
There are 11 import control communiqués concerning industrial products. The communiques 
are in line with the national legislations and are carried out to convey the requirements of the 
relevant regulations.  
 
Import controls of the products are based on conformity document/marking and physical 
controls. Test reports provided by manufacturers are deemed as comprehensive evidence to 
justify safety of the product.  
 
The import control communique s comprised of product groups such as mobile phones, toys, 
certain consumer products, batteries, personal protective equipment, construction materials 
and medical devices, raw/intermediate materials, machines, electrical equipment. The 
controls are carried  out through a web -based software, "Risk -Based Trade Control System 
(TAREKS®)".  
 
All the economic operators including manufacturers, importers, authorised representatives, 
shall follow the national legislation since all the products that are placed on mark et whether 
they manufactured in or imported to Türkiye shall be in comply with regulations. For instance, 
Communique of Product Safety and Inspection No. (2023/11) is based on Personal Protective 
Equipment Regulation (Official Gazette, d. 1  May 2019 and no . 30761) which is compatible 
with the Personal Protective Equipment Directive (PPE) of the EU. In import control processes 
and also market surveillance of personal protective equipment, CE marking and other 
requirements that specified in the regulation is checked both for imported and local products. 
The economic operators are responsible in different degrees for the compliance of products - 
products shall address the requirements of the relevant regulations and provide related 
documents/marks in the regulat ion. 
 
PART II: QUESTIONS REGARDING THE GOVERNMENT REPORT  
Page 18 (Para 4.43.)  
4.43. Türkiye's strong engagement in regional organizations/arrangements has yielded a number of 
solid achievements so far in the area of trade liberalization, setting the ground for deeper cooperation 
with respective member states in the years to come.  
 
Question:  
3. Could you please highlight some of Türkiye's achievements in this regard?  
 
Answer:  Türkiye is a founder member of multiple regional organizations, namely, the 
Organization of Islamic Cooperation (OIC), the Economic Cooperation Organization (ECO), the 
Eight Developing Countries (D -8), the Black Sea Economic Cooperation Organization and the 
Organization of Turkic States (OTS). Türkiye pioneers many of the projects /initiatives to 
promote trade and economic cooperation under each of these organizations.  
 
- As a result of Türkiye's dedicated efforts, Preferential Trade System (TPS -OIC) among OIC 
Member Countries is in force since 1 July  2022 and the D -8 Preferential T rade Agreement 
since 1 July  2016. Once full implementation of the said agreements by all parties could be 
achieved, Türkiye would be ready for expanding the product scope and including other 
sectors such as services and investments, not yet covered under t he respective agreements, 
through subsequent round of negotiations.  
- Türkiye holds the chairmanship of the Standing Committee for Economic and Commercial 
Cooperation of the Organization of the Islamic Cooperation (COMCEC), which is the 
multilateral econom ic and commercial cooperation platform of the OIC.  
- Türkiye is an active member of the COMCEC Trade Working Group, which recently focused 
trade facilitation and e -commerce issues; and has initiated and participated in many projects 
under COMCEC Project Development Fund.  
- Türkiye prepared Trade Facilitation Strategies in D -8, ECO and OTS. Implementation of these 
Strategies after approval processes, would contribute to the facilitation of trade and customs 
procedures among the members of these reg ional organizations . 
- Türkiye is the coordinator -country of BSEC Trade and Economic Development Working group, 
where agenda based on trade facilitation and e -commerce is currently progressing.  
- Pan Euro -Mediterranean Cumulation System and Western Balkans  Cumulation System 
emerged based on Pan European Cumulation System in early 2000s. Türkiye has been at 
the center of both systems since their inception. Consequently, Regional Convention on Pan WT/TPR/M/439/Add.1  
 
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  Euro-Mediterranean Preferential Rules of Origin which harmoniz ed PEM and West Balkans 
Cumulation System was entered into force in 2013. Türkiye was one of the first signatories 
of the Convention and has been a leading actor in the PEM region ever since. Countries in 
the PEM region have been incorporated in the abovem entioned system via model origin 
protocols annexed to the respective FTAs among these countries. Türkiye has been doing 
the same in its FTAs.  
 
Page 23 (Para 4.87.)  
4.87. With the goal of becoming a trade centre that is easy to do business with, Türkiye is a strong 
supporter of the trade facilitation agenda. As an effective instrument to reduce time and cost to 
trade as well as to cut the red tape at the border, trade facilitation is foreseen as a key in terms of 
economic growth and the competitiveness of th e country. Wide -range of trade facilitation efforts 
being applied, enabled Türkiye to show better performance in international indexes, as was shown 
by the World Bank Doing Business Index where Türkiye was listed in the 33th place, in 2020, moving 
up from the 62nd place in 2016.  
 
Question:  
4. How Türkiye is supporting the trade facilitation agenda, are there any national 
initiatives or strategies in this regard?   
 
Answer:  Türkiye continues its efforts to be able to take stronger share in regional and 
international trade flows and better locate herself in the global value chains. Trade facilitation 
measures, that reduce trade costs and customs release time and increase the e ffectiveness of 
border management procedures, while directly impacting on the easiness of doing job are 
highly relevant to achieve this primary goal.  
 
Türkiye's score in the World Bank Doing Business index climbed 18 ranks advancing from 62nd 
place in 201 6 to 44th place in 2020. This result has been driven by the acceleration of the 
reform process in the related areas including trade facilitation reforms.  
 
Trade facilitation reforms initially motivated mostly by the EU -Türkiye Customs Union requiring 
adapt ation of commercial policies and customs procedures then continued particularly after 
2000s through a set of economic reforms to improve government transparency and 
consistency.  
 
This progress has positively impacted Türkiye's overall performance in trade facilitation 
indexes and also enabled it to strongly support the WTO Trade Facilitation Agenda. Türkiye 
has notified all technical provisions of the Agreement under Category "A" a nd has become one 
of the best practicioners of the Agreement since then. National Trade Facilitation Committee 
of Türkiye which was established back in 2016 has been a platform to move forward trade 
facilitation agenda at national level.  
 
Today, Trade Fac ilitation Coordination Committee is at the center of Türkiye's trade facilitation 
reforms. Indeed, the Committee goes beyond the implementation of WTO TFA provisions 
aiming a WTO plus approach. The Committee with its 23 public and private sector members 
adopted Trade Facilitation Strategy and 2018 -2023 Action Plan. The implementation of the 
Action Plan is operationally being ensured through the work of the three different working 
groups on Transparency, Customs and Foreign Trade, and Infrastructure and Logi stics. These 
Working Groups, meet periodically and carry out technical studies / discussions specific to 
each item of the Action Plan. The Plan has been implemented successfully despite the 
pandemic and other regional and economic developments, through ref orming various areas 
on customs and trade procedures, transparency, and infrastructure and logistics issues.  
 
Recently, a new Action Plan covering the 2024 -2028 term has been drafted and it will be 
submitted to the Committee for its approval in November  2023. With the implementation of 
this Action Plan Türkiye aims to accelerate its trade facilitation reforms.  
 
Accordingly, Türkiye actively contributes into the trade facilitation agenda of the WTO. Türkiye 
also prepares and submits regional trade facilita tion strategies in regional organizations in 
which it is a member, namely D -8, Black Sea Economic Cooperation Organization and the 
Organization of Turkic States. Lastly, a regional trade facilitation strategy for the Organization 
of Turkic States was prepa red and approved. BSEC and D -8 Trade Facilitation Strategies are WT/TPR/M/439/Add.1  
 
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  waiting for ratification by Trade Ministers. Last year, COMCEC, Trade Working Group focused 
on trade facilitation and set of policy recommendations were adopted at ministerial level. This 
would guide OIC members countries to design their own national trade facilitation policies and 
also contribute to the overall trade and economic objectives and performance of the OIC.  
 
Additionally, Türkiye also started to negotiate specific chapters on Trad e Facilitation under its 
Preferential and Free Trade Agreements. Thus far, comprehensive cooperation on trade 
facilitation has been established with the UK and UAE under the respective Free Trade 
Agreements.  
 
Page 23 (Para 4.93.)  
4.93. For achieving a faster release of goods, in 2019, Türkiye has initiated a "Pre -arrival Processing" 
scheme for providing a way to submit data for import before arrival of goods to be processed. This 
way, a preliminary risk analysis can be done for goods arrivin g through air or sea and enable rapid 
goods cleared through customs rapidly.  
 
Question:  
5. Can you please share the challenges that facing Türkiye in implementing the 
"Pre-arrival Processing" scheme, and how does Türkiye manage these challenges?  
 
Answer:  The Communiqué on Pre -Arrival Processing (PAP), covering imports of raw and semi -
finished goods, has been published in the Official Gazette on 23  January  2019 starting with 
the maritime transport. After considering the requests from the private sec tor and traders, 
this implementation expanded to the air transport starting from 2021. Up to date, the number 
of the declarations, types of the goods subject to PAP and number of the authorized traders 
have been increased.  
 
In the beginning of this new im plementation, there were two main challenges requiring 
immediate solutions; the first one was determining the types of the goods and the second 
challenge was to decide the traders who are eligible. The Communiqué established the criteria 
for the traders an d the types of the goods applying some exceptions for the AEO's.  
 
  WT/TPR/M/439/Add.1  
 
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  CHINESE TAIPEI  
PART  I: REGARDING  THE  SECRETARIAT  REPORT  (WT/TPR/S/439)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures directly affecting imports  
3.1.6 Anti -dumping, countervailing, and safeguard measures  
3.1.6.1 Anti -dumping and countervailing measures  
 
Page 63 (Para 3.56)  
Türkiye's laws and implementing regulations on anti -dumping and countervailing measures remain: 
Law No.  3577 of 1989 on the Prevention of Unfair Co mpetition in Imports (as amended by Law 
No. 4412 of 1999); Decree No.  13482 /1999 on the Prevention of Unfair Competition in Imports, as 
amended in 2005 and 2020; and the Regulation on the Prevention of Unfair Competition in imports, 
as amended in 2002 and 2006. Article  9 of Decree No.  13482  was amended in 2020 to allow the 
Board, with the approval of the Ministry of Trade, to partially or wholly suspend or amend an 
anti-dumping measure in force when imports of a product are also subject to safeguard measure s. 
Such decisions are applicable prospectively from their date of entry into force and refund of amounts 
collected prior to such a decision may not be made.  
 
Question(s):  
Could Türkiye please provide examples and elaborate on how the amended Article  9 
applies to the prevention of double remedies on imports that are subject to both 
anti-dumping  and safeguard measures?  
 
Answer:  According to the Article  9.3 of the Decree on the Prevention of Unfair Competition 
in Imports which was published in the Official Gazette dated 22/10/2020 and entered into 
force, the anti -dumping and countervailing duty measures in force on the import of a product 
for which a safeguard measure is applied in accordance with the Legislation on Safeguard 
Measures in Imports may  partially or wholly be suspended or form of measures may be 
amended for a time limited to the period during which safeguard measure remains in force, 
by a decision of the Board and approval of the Ministry. Decisions to be taken under this 
provision shoul d be applicable prospectively from the date of their entry into force and refund 
of amounts collected prior to that date should not be requested.  
 
With this new rule, it is possible to suspend the imposition of anti -dumping and countervailing 
duty measures while a safeguard measure is in force for the same product.  
Assuming that a safeguard measure (15% of c.i.f. value) was put in place while an anti -
dumping measure (25% of c.i.f. value) was in place for one product originated in Utopia, in 
order to  prevent duplication, 15% part of the anti -dumping measure may be suspended. In 
this case, the anti -dumping measure for the product originated in Utopia will be 10 % as long 
as the safeguard measure remains in force.  
If the safeguard measure and the anti -dumping measure for Utopia were at the same level, 
the anti -dumping measure would be suspended wholly for Utopia throughout the duration of 
the safeguard measure.  
 
4. TRADE POLICIES BY SECTOR  
4.3 Manufacturing  
4.3.4 Automotive  
 
Page 124 (Para4.40)  
The sector comprises several foreign owned firms, joint ventures with foreign companies, and firms 
operating under foreign licences. Türkiye's three main automobile producers are joint ventures with 
global brands: Tofas (Fiat S.p.A and  Koç Holding), Oyak -Renault, and Ford Otosan. These producers 
accounted for around 62% of all vehicles manufactured in 2021. Other important producers are 
Daimler, AVL Toyota, Hyundai Assan, Mercedes Benz Türk, MAN Türkiye, Anadolu Isuzu, and Honda 
Türkiye . Türkiye's first electric car, Togg, is being developed, and according to the authorities sales 
are expected in the first quarter of 2023. Several international companies also have R&D centres in 
Türkiye, including Ford Otosan, Fiat, Daimler, and AVL Toyo ta. 
 
Question(s):  
1. The mass production of TOGG is a great achievement in the development of Türkiye's 
auto industry development. Currently, governments around the world are injecting WT/TPR/M/439/Add.1  
 
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  massive resources to subsidize their respective domestic EV industries. Th erefore, we can 
expect fierce competition in each country's domestic market, as well as in the 
international market. Will the Turkish government thus assist its domestic EV industry in 
market expansion locally? If so, how will it prevent unfair competition  with EV 
manufacturers from other countries in Türkiye?  
Answer:  TOGG, which is a private company with legal entity established on 25/6/2018 and 
operates to produce Türkiye's domestic and national vehicles, was supported within the scope 
of support items d efined in the legislation, like all companies benefiting from project -based 
support. Special Consumption Tax is a type of tax that has been applied in Türkiye for years. 
SCT calculation for vehicles is made according to the qualification of the vehicle. Th e volume 
and number of cylinders of the vehicle play a big role in the SCT discount calculation phase. 
The base price of the vehicle, that is, its tax -free price, is also important in SCT calculations. 
SCT is reflected on vehicles as a percentage, and thes e percentages are determined according 
to the vehicle's cylinder volume and number. In this respect, all electric vehicles are offered 
to the market with the same tax rates.  
 
2. Will the domestic charging stations in Türkiye be sufficient to supply the needs of 
the domestic EV industry for its future development? While developing its EV industry, 
will the Turkish government continue to provide opportunities for fair competition to 
international EV producers?  
 
Answer:  The number of electric vehicles is increas ing day by day, and the need for a large 
charging network becomes inevitable in response to the increasing number. Türkiye, has put 
our local and national car Togg on the roads, and it has become mandatory for charging 
stations to be accessible in 81 provi nces and highways in Türkiye.  
  
In parallel with the rapid development of electric vehicles in our country, investments in the 
installation of charging stations for electric vehicles have also accelerated. As of the beginning 
of 2022, investments involving  the installation of electric vehicle charging stations have begun 
to be supported by the general incentive system. So far, 33 investment incentive certificates 
have been issued for these investments to be made by both domestic and foreign capital 
companie s and requests for incentive certificates for investments in this field continue to 
increase day by day. Therefore, investments in charging stations for electric vehicles are 
sufficient to meet the needs of the sector for the time being and it is estimated  that it will 
increase according to the development speed of the sector.  
 
Continuing its policy to fight against climate change and focusing on its work in line with the 
European Green Deal, our country, as a result of the projection studies carried out , will 
increase the electric vehicle stock to 45 thousands and the number of public charging sockets 
to 12.5 thousands in 2023. It was concluded that in 2025, the electric vehicle stock will reach 
160 thousands, the number of public charging sockets will reac h 30 thousands, and in 2030, 
the electric vehicle stock will reach 1.6  million and the number of public charging sockets will 
reach 160 thousands.  
 
In this context, the "Fast Charging Infrastructure Support Program for Electric Vehicles" was 
designed by the Government. It has taken on an encouraging role and started the program to 
give grants to companies that will invest in this area  within the scope of the program, it was 
decided to support the establishment of 1,572 charging stations in 81 provinces, 216 districts 
and 75 provincial highways. Thanks to the program, awareness has increased and the number 
of licensed companies has reached 144, including companies that received licenses without 
public support. While the number of DC sockets serv ing in all 81 provinces exceeded 2,800, 
the number of AC sockets approached 7,300. On the other hand, with the development of 
battery technologies, the range of electric vehicles is increasing rapidly, and the range of the 
majority of cars sold in the mark et is over 400  km.  
 
In this context, the support provided by our Ministry is for DC charging units of 90  kW and 
above that allow fast charging, and it is possible to charge up to 80% within 30 minutes with 
these charging units. While designing the support  program, the projection of electric vehicle 
density on the province -district and highways was taken into account and the planning was 
made according to this projection, and the installed units are built to allow uninterrupted 
intercity travel. As all coun tries do, it provides various investment incentives to global WT/TPR/M/439/Add.1  
 
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  companies investing in Türkiye, but all brands entering the market compete on equal terms, 
regardless of whether they are domestic or imported, and a fair environment for competition 
is provided  with the applied tax policy.  
 
PART II: REGARDING THE GOVERNMENT REPORT (WT/TPR/G/439)  
 
4 TRADE POLICIES  
4.3  Türkiye -EU Relations  
4.3.1 Preferential Trade Agreements  
4.3.1.3 Free Trade Agreements under negotiation  
 
Page 22 (Para 4.72)  
There are 14 countr ies/country blocs that Türkiye has started FTA negotiations. Türkiye has been 
actively engaged in negotiations with four of them; namely Japan, Thailand, Indonesia, and U AE In 
addition to that Türkiye continues its efforts to speed up the FTA negotiations with Mexico, Peru, 
Colombia, MERCOSUR, Ecuador, Somalia, Cameroon, Gulf Cooperation Council, Seychelles and 
Djibouti.  
 
Question(s):  
1. What are Türkiye's key considerations for initiating negotiations on FTAs or ECAs?  
 
Answer:  In order to increase its duty -free trade network, for increasing the welfare benefits 
of international trade, strengthening the competitiveness of its industries, better integrating 
into the global value chains and attract foreign investments, Türkiye is negotiating deep and 
comprehensive Free Trade Agreements (FTA) that include areas such as trade in goods, as 
well as services and investments. Through Türkiye's FTA s and ECAs, Turkish private sector 
becomes more integrated with the world economy on the basis of fair and balanced 
competition conditions, and through trade creation effects of these agreements, investments 
and employment is being encouraged. On the other  hand, as having a Customs Union with 
the EU Türkiye also takes into consideration of the prefential trade agreements and 
negotiations of the EU.  
 
2. Besides Japan, Thailand, and Indonesia, has the government of Türkiye considered 
launching FTA/ECA negotiations with other WTO  Member s?  
Answer:  Türkiye aims to put into effect the agreements we signed with Qatar, Ukraine and 
Sudan soon. Additionally, Türkiye conducts negotiations to extend the scope of its existing 
FTA with the Republic of Moldova and finalized the same process with Malaysia. On the other 
hand, Türkiye is also pursuing to align its free trade network with the EU due to its Customs 
Union relation.  
 
4 TRADE POLICIES  
4.3 TÜRKİYE -EU RELATİONS  
4.3.2 Türkiye's Gre en Transition  
 
Page 22 (Para 4.80, 4.81)  
As with all EU legislations, Türkiye has been closely following the developments on the European 
Green Deal from the outset. In this respect, Türkiye's priority is to ensure that the new measures 
introduced by the EU Green Deal such as carbon border adjustment mechanism (CBAM) and policies 
under the circular economy action plan do not run contrary to the requirements related to the 
Customs Union and other international commitments of both sides.  
 
For this pu rpose, T ürkiye maintains close cooperation and dialogue with the European Commission 
to align its trade policies in this regard with the EU and to promote the green transformation of the 
European and Turkish economies in line with mutual development goals.  
 
Questi on(s):  
1. Would Türkiye please explain the effectiveness of its dialogue with the European 
Commission?   
 
Answer:  As a Customs Union partner with the EU, Türkiye closely follows the European Green 
Deal. Türkiye is one of the countries that have contributed the most in public consultation WT/TPR/M/439/Add.1  
 
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  processes to the EU's green deal legislative proposals. Türkiye attaches great im portance to 
combating all challenges resulting from climate change. In this direction, Türkiye effectively 
contributes to the efforts to fight climate change both at the bilateral and international levels, 
largely through our own capacity. In this respect,  Türkiye published its own Green Deal Action 
Plan in 2021.  
 
Our technical cooperation with the European Commission continues on the basis of both EU 
candidacy and the existing Customs Union. Within the scope of the High -Level Climate 
Dialogue led by our Mi nister of Environment, Urbanization, and Climate Change and the 
European Commission, both high -level and technical cooperation are being maintained 
between Türkiye and the EU, including for deepening the cooperation on the green 
transformation of the econo my. 
 
On the other hand, Türkiye and the EU are following a joint agenda to make progress in 
addressing certain challenges encountered in the operation of the Customs Union, and to 
deepen our cooperation on the green and digital agenda.  
 
2. Does the Government of Türkiye intend to implement the CBAM mechanism, similar to 
that of European  Union , in the future?   
Answer:  Our country's Climate Law is in the legislative drafting process. In this drafting stage, 
different carbon pricing mechanisms are also considered with all dimensions.  
 
4 TRADE POLICIES  
4.4 Trade Facilitation  
Page 23(Para 4.88)  
Since its entry into force, Türkiye is devoted to the WTO trade facilitation agenda and is a strong 
supporter of the implementation of the WTO Trade Facilitation Agreement. With the two notifications 
made in 16  July 2014 (WT/PCTF/N/TUR/1) and 15  March  2018 (G/TFA/N/TUR/1) respectively, 
Türkiye has notified all provisions of the Section  II of the FTA in Category A.  
 
Page 24(Para 4.95)  
In line with bilateral and regional relations, Türkiye is pursuing a trade facilitation agenda with its 
trading partners for lowering release times and costs, increasing trade volume and establishing 
efficient coordination mechanisms. In ECO, BSEC, D -8 and organization  of Turkic States (OTS), with 
the initiative of Türkiye, Regional Trade Facilitation Strategy talks are still continuing. Also, within 
context of bilateral trade, Türkiye tries to establish bodies for joint meetings for National Trade 
Facilitation Committe es for solving bottlenecks together with trading partners.  
 
Question(s):  
1. What are Türkiye's key considerations to promote cooperation with other 
WTO  Member s on trade facilitation, such as mutual reorganization of AEO?  
Answer:  Türkiye is aware of the need for a close cooperation among border agencies, so that 
the expected outcome of trade national efforts cou ld be effectuated.  
 
Regarding mutual recognition of AEOs, one of our key trade considerations is the trade 
statistics. The trade volume of a member state with Türkiye is important to initiate any process 
for mutual recognition on AEOs. Beside this, the other important point i s the number of AEOs 
in the partner country. The number of AEOs between two sides is supposed to be comparable 
in order to reach a balanced trade flow under this scheme. In addition to the number of AEOs, 
the level of improvement in AEOs programmes is also  supposed to be similar in promoting 
cooperation with regard to the mutual recognition of AEOs.  
 
2. With which WTO  Member s does Türkiye give priority for cooperation?   
 
Answer:  Türkiye gives importance to cooperation in customs matters not only with 
neighbouring countries but also with all the WTO  Member s with which Türkiye has a significant 
amount of trade volume. The main aim is to provide secure supply chain by facilitating trade.  
In particular, Türkiye is of the view that there is a merit to esta blish cooperation between 
National TF Committees especially with those in the same region, on a bilateral or regional 
basis. So far, Türkiye has supported a regional project on Central Asia in which Kazakhstan, 
Kyrgyz  Republic  and Tajikistan, have also bee n among beneficiaries. As part of the project, WT/TPR/M/439/Add.1  
 
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  Turkish NCTF's Secretariat, attends regional NCTF meetings, to share Türkiye's experience 
under the Article  23.2 of the Agreement. Especially for WTO  Member s that are in the process 
of establishing their own N CTFs, Türkiye is ready to offer every possible support, as well as to 
provide technical assistance to all WTO  Member s in need in implementing WTO Trade 
Facilitation Agreement.  
  WT/TPR/M/439/Add.1  
 
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  THAILAND  
Page 6 Section  3.1 Fiscal policy Paragraph 3.7  
Background : The Report by Türkiye states that "Türkiye proactively applied fiscal policies in order 
to alleviate the impact of the global C OVID -19 pandemic. The policies led to increase in government 
spending, and lowered tax revenues".  
 
1. Does the Turkish government have any policies or measures to support Türkiye's 
important export industries such as automotive, machinery, electrical and  electronics, or 
iron and steel? If yes, please provide the details of such policies or measures.  
 
Answer:  Automotive, ma chinery, electrical and electronics are regarded as medium -high and 
high-tech industries depending on the sub -sectoral breakdowns under the OECD classification. 
Under the regional incentive scheme, medium -high tech investments receive the incentives of 
the 4th region (out of 6) in terms of duration and density, and high -tech investments receive 
incentive terms of the 5th region regardless of the investment location of the project. In 
addition, Türkiye has recently been drafting new support policies for fost ering green 
transformation of these sectors.  
On the other hand, The Turkish iron and steel industry has not been supported within the 
context of the investment incentive system due to the provisions of the Treaty establishing 
the European Coal and Steel Co mmunity (ECSC).  
 
Page 14 Section  4 Trade Policies  
 
2. Are there any chapters or articles under Türkiye's Free Trade agreements related to 
state -owned enterprises? In addition, does the Turkish government have any plans or 
strategies for those state -owned enterprises to benefit from FTAs? If yes, please provid e 
more information.  
 
Answer:  Below are some examples of the chapters and articles related to state -owned 
enterprises:  
 
EFTA FTA:  Article  XVII of the GATT  1994 and the related Understanding are incorporated 
into and made part of the Agreement, mutatis  mutandis  (Article  2.16).  
Republic  of Korea  FTA: On Article  3.8: State Enterprises, state enterprises shall not disrupt 
the functioning of the market and harm trade through anti -competitive practices when it 
interferes with their designated tasks.  
BH Revised FTA:  There are two narrow provisions involving information exchange regarding 
State Enterprises and refer to the WTO within the context of state trading ent erprises.  
Morocco FTA:  In the Article  21: State Monopolies section, there is a national treatment 
provision between the two countries.  
 
Also, there are similar provisions of National Treatment for state -owned enterprises in the 
FTAs with other countries su ch as Palestine, Morocco, Israel, North  Macedonia, Egypt, Tunisia, 
Serbia and Montenegro.  
 
Page 22 Section  4.3.2 Türkiye's Green Transition Paragraph 4.82  
Background : Para 4.82, under WT/TPR/G/439 indicated that during the review period, Türkiye has 
been applying "Türkiye's Green Deal Action Plan" comprising 81 actions and 32 objectives under 9 
priority headings which mention in footnote 8 that Green is one of nine priority headings.  
 
3. In this regard, could Türkiye specify sub -sector or industrial sectors under Green 
and Circular Economy as well as main supporting measures to promote and propel Green 
and Circular Economy?  
 
Answer:  We continue our efforts to accelerate steps on the path to green transformation. In 
this regard, we have reached the final stages of determining our country's roadmap or 
activities with the aim of supporting the reduction of greenhouse gas emissions in priority 
manufacturing industry sectors within the framewor k of the Green Deal Action Plan.  
Within this scope, the ongoing low -carbon roadmap projects will identify the best available 
techniques and emerging clean production technologies, supportive policy measures, and WT/TPR/M/439/Add.1  
 
- 169 - 
 
  financing needs for transition to a low -carbon production structure in the steel, aluminium , 
cement, and fertilizer sectors in line with our 2053 net -zero target.  
Additionally, in the context of green transformation, we believe that our companies can gain 
a competitive advantage primarily through R&D and the adaptation of new technologies within 
the changing global trade structure. Therefore, within the framework of our Action Plan, 
"Green Growth Technology Roadmap" studies are being conducted under the umbrella of 
TÜBİTAK.  
 
The Ministry of  Environment, Urbanization, and Climate Change of Türkiye is conducting a 
project called "Technical Support Project for Assessing Türkiye's Transition Potential to Circular 
Economy." The project, which started in 2022, will last for 3 years and aims to pro mote the 
transition to a circular economy that contributes to more efficient resource and waste 
management nationwide in Türkiye, strengthen the institutional and technical capacity of 
Türkiye in transitioning to a circular economy in line with the EU Circ ular Economy Model, and 
prepare a comprehensive National Strategy and Action Plan tailored to our country's 
conditions.  
 
Work under this Project covers many areas of circular economy such as batteries and 
automotive, electronics, circular textile, eco -design, construction products, waste 
management, packaging and packaging waste, green claims, plastics  (macro and micro), food 
and biomass, industrial  symbiosis and recycled material etc.  
The following green investment projects benefits from 5th region incenti ve terms under the 
Priority Scheme:  
● Based on the Ministry of Energy and Natural Resources approval, a minimum of 15% 
energy -saving projects in manufacturing factories consume a minimum of 500 tons of 
oil equivalent annual energy.  
● Electricity generation inv estments through recycling of waste heat, except natural gas 
production facilities.  
● Turbine and generator manufacturing for renewable energy production  
● Investments that can save at least 15% of water or reduce emissions/waste upon the 
approval of the TÜBİT AK Marmara Research Center Environment and Cleaner 
Production Institute.  
● Within the scope of Environmental Permit and License Regulation (Under the Ministry of 
Environment, Urbanisation and Climate Change). "Environmental Investments "  
● Green Transformation Investments (New and Underway): The investments accepted as 
a "Green Transformation " project, by the DG of Strategic Research and Productivity.  
 
Technological and green transformation is also considered as an acceptance criterion under  
the Project Based Investments Scheme. So far, certain projects have received project -based 
investment incentive certificates in hybrid engine production, electric vehicles and related 
appliances, electric vehicle batteries, photovoltaic solar panel, metal  recycling, recycled 
polymer poy (partially oriented yarn) . 
 
Additionally, Green Transition Support Program which addresses all aspects of green transition 
such as low carbon production, circular economy and the protection of natural resources will 
be impl emented under the Türkiye's Green Deal Action Plan.  
 
Background : as a WTO member, Türkiye is committed to the obligation under the agreement on 
Subsidies and Countervailing Measures to notify relevant subsidies to the Committee on Subsidies 
and Countervailing Measures, and the Trade Policy Report prepared by the Secret ariat also contains 
the information regarding Türkiye's subsidies. However, Türkiye's subsidies are not mentioned in 
the Trade Policy Report which was prepared by the government.  
 
4. We would like to know the reason of such discrepancies on Türkiye's subsidie s 
between the government's Trade Policy Review and the Secretariat's version.  
 
Answer:  Our Government Report and Secretariat  Report do not necessarily reflect the same 
points and can concentrate on different aspects, which is valid for all reports reviewed at 
WTO.  
 
On the other hand, our notifications for subsidies are regularly submitted to related bodies 
at WTO.  WT/TPR/M/439/Add.1  
 
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Page 15 Sec tion 1.1 Main features of the Economy Paragraph 1.5  
 
5. After Türkiye adopted its Green Deal action Plan in august 2021, has Türkiye made 
any changes regarding import/export requirement, cross -border trade restrictions, or 
establishment of foreign business in its territory?  
 
Answer:  No measure has been designed or implemented yet.  
 
Page 33 Section  2.3.2.1 Regional trade Agreements Paragraph 2.21.  
Background : According to the paragraph 2.21. it is stated that "most of Türkiye's RTAs cover goods 
only, with services provisions and commitments contained only in the recent RTAs" and only limited 
numbers of modernized RTAs cover the area of investment promotion and  e-commerce.  
 
6. Does Türkiye plan to review/upgrade its existing trade agreements to cover 
services, investment, and other emerging issues in the near future?  
 
Answer:  Türkiye has been revising its existing FTAs and making them compatible with the 
new generation comprehensive FTAs. Türkiye aims to include provisions on services and 
investment, environment, IPR, competition, labour, digital trade and dispute settlement while 
revising its existing FTAs, recently with Malaysia and Georgia.  
 
Page 46 Section  3.1.1.1 Customs Procedures Paragraph 3.5  
Background : In paragraph 3.5, the Secretariat Report indicates that the specialized customs 
procedures requirements are not applied to the European  Union , the United  Kingdom , and 
Switzerland because there is not the same need for specialized controls.  
 
7. Can Türkiye please provide further clarification regarding the reasons for these 
exemptions?  
 
Answer:  In accordance with the Decision No 1/95 of the EC -Türkiye  Association Council, 
Article  54, Turkish legislation shall be harmonized as far as possible with Community 
legislation in areas of direct relevance to the operations of the Customs Union, including 
customs legislation. In addition to this, UK -Türkiye  Free Trade Agreement, Article  1.1, Item 2 
states the objective of the Agreement as "… to preserve preferential conditions relating to 
trade between the Parties, which resulted from the bilateral trading arrangements between 
the European Union and Turkey, and to provide a platform for further trade liberalisation and 
facilitation of trade between them."  
 
As a result of the agreements mentioned above, European  Union , the United  Kingdom  and in 
some cases, Switzerland benefit from exemptions for certai n goods that subject to 
specialization. Moreover, due to the low trade volume between Türkiye  and 
United  Kingdom /Switzerland, the exemption does not have a negative impact on the 
objectives targeted by specialized customs.  
 
Türkiye  does not plan to expand the list of countries exempted from the practise. However, 
we might expand the list of authorized customs offices in line with the status of customs 
administrations and the demands of importers and manufacturers.  
 
Page 54 Section  3.1.3.2 WTO bound duties Paragraph 3.30  
Background : Regarding the Trade Policy Review of Türkiye, there are at least 31 tariff lines that 
the MFN Applied Rates exceed Bound Rates committed under WTO due to nomenclature 
differences (Türkiye's schedule of bound commitments is in the HS02 nomenclature, while its MFN 
applied tariff is based on the HS22 nomenclature).  
 
8. Please provide exactly MFN Applied Rates of the problematic tariff lines, including 
the solution for the case of MFN Applied Rates exceed Bound Rates.  
 
Answer:  Within the framework of EU -Türkiye Customs Union, Türkiye has the obligation to 
undertake EU's Common Customs Tariffs (CCT) regarding the imports from third countries. 
The case for the 47 tariff lines, the applied MFN rates have been implem ented as the same WT/TPR/M/439/Add.1  
 
- 171 - 
 
  rates with the CCT rates, exceeding Türkiye's bound rates in certain tariff lines. We will 
consider this matter in consultation with the European Commission.  
On the other hand, all applied rates can be found at WTO Tariff Analysis Online Database.  
 
Page 63 Section  3.1.6.1 Anti -dumping and countervailing measures Paragraph 3.56  
Background : The report by Secretariat indicates that "… Article 9 of Decree No. 13482 was amended 
in 2020 to allow the Board, with the approval of the Ministry of Trade, to partially or wholly suspend 
or amend an anti -dumping measure in force when imports of a produc t are also subject to safeguard 
measures. Such decisions are applicable prospectively from their date of entry into force and refund 
of amounts collected prior to such a decision may not be made."  
 
9. Please elaborate further on the rationale behind the amend ment of Article 9 of 
Decree No.  13482  in 2020, including the criteria for the no refund policy of the collected 
amount.  
 
Answer:  According to the Article  9.3 of the Decree on the Prevention of Unfair Competition 
in Imports which was published in the Official Gazette dated 22/10/2020 and entered into 
force, the anti -dumping and countervailing duty measures in force on the import of a product 
for which a safeguard measure is applied in accordance with the Legislation on Safeguard 
Measures in Imports may  partially or wholly be suspended or form of measures may be 
amended, for a time limited to the period during which safeguard measure remains in force, 
by a decision of the Board and approval of the Ministry. Decisions to be taken under this 
provision shou ld be applicable prospectively from the date of their entry into force and refund 
of amounts collected prior to that date should not be requested.  
 
With the addition of this new rule, it is possible to suspend the imposition of anti -dumping and 
countervail ing duty measures while a safeguard measure is in force for the same product.  
Assuming that a safeguard measure (15% of CIF value) was put in place while an anti -
dumping measure (25% of CIF value) was in place for one product originated in Utopia, in 
order to prevent duplication, 15% part of the anti -dumping measure may be suspended. And 
the anti -dumping measure for the product originated in Utopia will be 10 % as long as the 
safeguard measure remains in force.  
 
If the safeguard measure and the anti -dumping measure for Utopia were at the same level, 
the anti -dumping measure would be suspended wholly for Utopia throughout the duration of 
the safeguard measure.  
 
Page 92 Section  3.3.5 State trading, state -owned enterprises, and privatization  
 
10. Please provide further information on the legislation, regulations, obstacles, and 
solutions in enhancing and regulating state -owned enterprises, specifically the state 
objectives and strategic directions.  
 
Answer:  Turkish government's objectives for state owners hip of corporations are increasing 
capital accumulation, supporting stable growth, ensuring the financing of large infrastructure 
investments and managing strategic resources. In practicing its ownership rights, the 
Government adheres to ensure that SOEs o perate according to the same principles as private 
companies (e.g. profitability and efficiency) and successfully contribute to sustainable 
economic growth through maintaining supply and production at critical goods and services.  
According to internationa l definitions, SOEs are defined as companies whose majority capital 
is owned by the state, whose majority of the board of directors are appointed by the 
government to exercise ownership rights or more than half of the voting rights are under the 
public con trol. In regard to these definitions, SOEs and their subsidiaries which are subject to 
different laws can be classified in Türkiye as follows:  
 
- SOEs and subsidiaries subject to the Decree Law No.  233 (DL. 233),  
- Enterprises under Privatization Administratio n portfolio,  
- State banks,  
- Corporations with the right to appoint more than half of the board members but the 
majority capital is not owned by the state,  
- SOEs of local administrations,  
- Other companies and funds with special status.  WT/TPR/M/439/Add.1  
 
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Although there are different classification of SOEs, in our legislation, SOEs are those subject 
to the DL. 233 and whose whole capital belongs to the state.  
The DL. 233 sets up the formation of SOEs and their subsidiaries, their economic needs and 
product ivity, and the specific provisions granted to them. It draws the main legislative 
framework for SOEs in Türkiye, though it does not apply to the state -owned banks, enterprises 
owned by local administrations and other SOEs which operate under separate laws.  Also, The 
Decree Law No.  399 regulate recruitment, duties and authorities, qualifications, 
appointments, progress, promotion, rights, liabilities and other personal rights of the SOEs 
subject to the DL. 233. Enterprises are subject to the provisions of pr ivate law other than the 
issues reserved by the DL. 233.  
 
The SOEs subject to DL.233 are named as Public Economic Enterprises (PEE) and this is the 
common name for the State Economic Enterprise (SEE) and Public Economic Institutions (PEI). 
SEE is a PEE of which the whole capital is owned by the State and is established to operate in 
conformity with the commercial principles in the field of economy. PEI is a PEE of which the 
whole capital is owned by the State and established to execute production and market ing of 
the monopoly goods and services, due to its public obligations, produced by the PEI are 
accepted as privilege.  
 
Ministry of Treasury and Finance is the main body that can collect and evaluate the financial 
and non -financial data of SOEs. Within the scope of the Official Statistics Program, aggregate 
financial and non -financial statistics are published annually and quarterly on the Ministry's 
website in order to enhance accountability and transparency. The Ministry prepares and 
publishes Annual Owners hip Report of SOEs since 2006.  
The reporting obligations of SOEs are established through the Communique on Monitoring and 
Reporting the Activities of Public Enterprises and the General Investment and Finance Decree 
published in every year. The Communique,  was first published in 2009 and revised version 
was published in 2021. The purpose of the Communique is to determine the procedures and 
principles regarding the collection, compilation and reporting in order to increase 
accountability and transparency in the public sector.  
 
On the other hand, important measures have been taken to improve accountability, 
transparency and effectiveness in SOEs. Since 2015, SOEs are subject to independent external 
audit in line with international financial reporting standards. In addition, according to annual 
General Investment and Finance Decrees published in the period 2014 -2023, SOEs have to 
establish their internal control systems and internal auditing units. Public internal audit 
standards are also applied to SOE s. 
 
In order to ensure SOEs to be transparent in their operations and responsive to public 
demands for information, SOEs are obligated to prepare an updated website in line with 
corporate governance principles since 2005, prepare annual working plans since  2007, and 
prepare and publish their strategic plans and annual reports since 2008. According to the 
General Investment and Finance Decree, public enterprises publish their annual reports on 
their websites in May of each year. Minimum content of annual rep orts is specified in the 
provisions Regulation on Determining the Minimum Content of Annual Reports of Companies.  
Also, Turkish Court of Accounts (TCA) audits SOEs annually from the economic, financial, 
administrative, legal and technical perspectives on behalf of Turkish Grand National Assembly 
taking into consideration the generally accepted international standards of audit.  
 
In this regard, TCA reviews compliance of enterprise budgets with requirements and their 
transactions with budgets; compliance an d accuracies of cost balance sheets, income 
statements and other accounts, assesses whether the enterprises operate within principles of 
efficiency and profitability. The reports prepared by TCA are published and are open to public.  
Lastly, Türkiye is an a dherent to the OECD Guidelines on Corporate Governance of SOEs and 
OECD Guidelines for Multinational Enterprises on Responsible Business Conduct. Also, Türkiye 
is represented in OECD Corporate Governance Committee and Working Party on State 
Ownership and P rivatization Practices.  
 WT/TPR/M/439/Add.1  
 
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  Page 117 Section  4.2 Support programmes Paragraph 4.23.  
 
11. Could Türkiye provide an information why Türkiye did not notify about domestic 
support programmes to the WTO during 2017 – 2021?  
 
Answer:  Agricultural domestic support notifications were provided for the years 2002 -2004 
as a result of the studies carried out in 2017.  In 2018, notifications for the years between 
2005-2009;  In 2019, notifications for the years between 2010 -2013;  As of 2020, notifications 
for the years betw een 2014 -2016 have been made.  
 
Regarding the agricultural domestic support notifications, Türkiye is in the process of 
completing the notifications for the following years and will be notified when the studies are 
completed.  Türkiye is aware of its commitm ents and is doing its best to fulfil its obligations to 
provide accurate information to WTO  Member s.  
 
  WT/TPR/M/439/Add.1  
 
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  SINGAPORE  
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
QUESTION:  
2.4.2 Investment policy and promotion  
Page 39 (Para 2.36)  
 
1. The WTO Secretariat Report notes that Türkiye's New Economic Reform Package 
2021 -23 entails the enactment of a law on the "protection of private sector investments 
to enhance the predictability in investments, reduce red tape, and offer solutions to issues 
encount ered during the investment process". Has this law been enacted, and if so, could 
Türkiye share further details on the law, including on how the law can help address the 
issues encountered during the investment process for foreign private sector investments ? 
If it has not been enacted, could Türkiye share the current state -of-play and the timeframe 
for the expected completion?   
 
Answer:  Türkiye has implemented a number of reforms to make the country's investment 
environment predictable and transparent. These reforms include:  
 
- Presidential Decision No.  31760 : This decision, promulgated in February  2022, 
requires regulatory impact analysis (RIA) to be conducted on all draft legislation. RIA is 
a process that assesses the potential impact of new regulations on businesses, 
consumers, and other stakeholders. This helps to ensure that new regulations are 
necessary, effective, and efficient, and that they do not impose undue burdens on 
businesses.  
 
- Establishment of specialized courts:  The Turkish judicial system has established 
specialized courts in a number of areas, including cybercrime, consumer complaints, 
expropriation, and financial disputes. These courts are staffed by judges and prosecutors 
with specialized knowledge in the relevant area of  law. This facilitates faster and more 
efficient judicial processes, resulting in more accurate decisions. This is particularly 
important for complex and technical cases, where specialized knowledge is essential.  
 
- Annual action plans based on the World Bank's Ease of Doing Business 
Index:  We has prepared annual action plans based on the World Bank's Ease of Doing 
Business Index. These plans have led to a number of reforms, such as:  
− Reducing the cost and time of company establishment procedures  
− Improving the company liquidation processes  
− Improving the building permit processes provided by municipalities  
− Reducing various costs related to foreign trade transactions  
− Accelerating land registry procedures  
− Facilitating infrastructure permit processes such as telecommunications 
infrastructure permits  
− Simplifying commercial registry procedures . 
 
These reforms have made it easier and less costly for businesses to invest in Türkiye. They 
have also helped to create a more transparent and predictab le investment environment, which 
is essential for attracting and retaining foreign investment.  
 
The need for a framework law on the protection of private sector investments is diminished 
as a result of aforementioned reforms. These reforms have already mad e significant progress 
in enhancing predictability, reducing red tape, and offering solutions to issues encountered 
during the investment process.  
 
2.4.3 Investment incentive schemes  
Page 41 (Para 2.40)  
 
2. The WTO Secretariat Report notes that the beneficiaries of the investment incentive 
schemes by the Ministry of Industry and Technology are largely domestic investors, could 
we understand if Türkiye is looking at promoting greater uptake of these investment 
incentive schemes by foreign investors?   WT/TPR/M/439/Add.1  
 
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  Answer:  National treatment is the key principle of Turkish FDI Law No.  4875. In this context, 
international investors have the same rights and  obligations with the local investors. Once 
those international investors are registered, they are fully regarded as "local investors". So, 
there is no direct or indirect obstacle against the international firms with regards to accessing 
investment incentives.  
 
On the other hand, it is obvious that the number of Turkish investors investing in the Turkish 
market outwe ighs the number of international investors. This might be the reason why the 
number of investment incentive certificates published for local investors is much more than 
the ones that are published for international investors. Moreover, we have not received  any 
complaints from international investors claiming that they have not accessed the investment 
incentives properly.  
 
2.52 E -commerce developments  
Page 44 (Para 2.52)  
 
3. The WTO Secretariat Report notes that Türkiye has made significant changes to the 
2014 Law on the Regulation of Electronic Commerce in 2022. This imposes various new 
obligations on e -commerce intermediary service providers. Would Türkiye be able to 
elaborate further on (a) how the changes to the Law have been implemented, and (b) 
whether the obligations are applied equally to both local and foreign intermediary service 
providers.   
 
Answer:  The obligations that will apply to e -commerce intermediary service providers have 
been divided into four groups based on their net transaction vol umes. Also, upon complaints 
made or inspections carried out by electronic commerce intermediary service providers, if it 
is determined that the electronic commerce intermediary service provider engages in unfair 
commercial practices against the electronic commerce service providers to which it provides 
intermediary services, administrative sanctions will be imposed on the electronic commerce 
intermediary service providers.  
 
On the other hand, the obligations determined by the law apply equally to all electr onic 
commerce intermediary service providers and electronic commerce service providers subject 
to Turkish law.  
 
Page 45 (Para 2.52)  
 
4. The WTO Secretariat Report notes that Türkiye has introduced new obligations on 
large foreign social media companies; t hese include data localization requirements and 
the requirement to appoint a local representative in Türkiye. Could Türkiye (a) share the 
rationale for these requirements; (b) clarify whether the data localization requirements 
apply only for specific subse ts of data, e.g. personal data; (c) if the requirements are on -
storage or if a copy of the data would suffice; and (d) the length of the data retention 
period.   
Answer:  Law No.  5651 on regulating Internet Publications and Combatting Crimes Committed 
by Means of Such Publication has been amended in 2020. The primary objective of the 
amendment to Law No.  5651 is to reinforce collaboration with social network service 
providers. Within  this framework, in the context of combating illegal content, the aim is to 
establish a cooperative working environment in conjunction with relevant Internet 
stakeholders, while mitigating challenges stemming from differences in time zones and 
geography.  
This effort is driven by the dual objectives of elevating the quality of services and ensuring 
the security of user data. In this amendment all social media companies with 1  million daily 
access from Türkiye are held responsible for the content shared in t hat social media platforms. 
Such responsibilities include overviewing/responding complaints by users who claim that their 
individual rights have been breached by a content shared; if this breach has been recognized 
by the courts of Türkiye remove that cont ent; and report the complaints received with action 
taken to resolve it.  
 
Therefore, foreign  social media companies are required to appoint local representatives in 
Türkiye to receive notifications made by courts as well as to represent the company in its 
relations with government offices. As such, this amendment aims to ensure enforcement of WT/TPR/M/439/Add.1  
 
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  court rulings and domestic law by requiring companies to have representation in Türkiye as 
an interlocutor.  
 
The data localization requirement of said amendment is not  binding and does not specify how 
this data needs to be kept in Türkiye. So, the social media companies are allowed to choose 
among alternatives as long as the data is accessible by the Turkish authorities when required 
by law such as in the case of a comp laint of individual rights breach by a user.  
 
3.1.1 Customs procedures  
Page 47 (Para 3.6)  
 
5. The WTO Secretariat Report also notes that Türkiye has implemented "Risk 
assessment of imports of various industrial goods for product safety purposes and risk 
assessment of imports and exports of certain agricultural commodities for quality control" 
and t hat "Importers (and exporters) of these items must apply through the TAREK system 
to have their products inspected". Can Türkiye provide a list of the specific goods and 
agricultural commodities that are subject to risk assessment and provide information o n 
the criteria for having imports physically assessed?  
 
Answer:  Import controls of the products are principally based on conformity document, 
marking and physical controls. Test reports provided by manufacturers are deemed as 
comprehensive evidence to justify the safety of the product.  
The import control communiques c omprised of product groups such as mobile phones, toys, 
certain consumer products, batteries, personal protective equipment, construction materials 
and medical devices, raw/intermediate materials, machines, electrical equipment.  
Türkiye has provisions for  the quality control of certain agricultural goods at the export and 
import stage pursuant to the Communiqué on Commercial Quality Controls on Certain 
Agricultural Produce at Export and Import Stage (Communiqué on Product Safety and 
Inspection No.  2023/21). This regulation applies to fresh fruits and vegetables, dried 
agricultural products, edible oils, chicken eggs, olives, laurel oil and honey and has been 
implemented to promote high -quality production, prevent rejection of goods abroad, protect 
the image  of Turkish products in world markets, improve the competitiveness of the exported 
products and protect the consumers. Products are expected to adhere to specific standards 
with respect to commercial quality measures upon exportation and importation.  
 
The Communiqué  lays down principles and procedures regarding risk -based inspections of 
these products with respect to quality compliance with the commercial quality standards at 
the export and import stage.  
In accordance with the Communiqué on Inspections of  Cotton (Communiqué on Product Safety 
and Inspection No.  2023/24), cotton is also subject to quality controls at export and import 
stages.  
The list of the agricultural goods that are subject to risk assessment are in the annexes 1/A, 
1/B, 1/C, 1/D and 2 of  the Communiqué No.  2023/21 and Article  26 of the Communiqué 
No. 2023/24. 
https://www.resmigazete.gov.tr/eskiler/2022/12/20221231M4 -19.htm   
https://www.resmigazete.gov.tr/eskiler/2022/12/20221231M4 -21.htm   
Related Communiqués for industrial products are also listed below;  
 
• Communiqué of Product Safety and Inspection: 2023/1  
In accordance with the Communiqué on Product Safety and Inspection No.  2023/1, raw 
materials within the scope of some Turkish Standards, which are at the same time mandated 
in the domestic marke t, are subject to inspection by the Turkish Standards Institution (TSE). 
The inspections are carried out in respect of minimum health, safety and protection of 
environment requirements, providing adequate information to the consumers.  
 
• Communiqué of Prod uct Safety and Inspection: 2023/8  
This Communiqué on import controls for radio and telecommunication terminal equipment is 
implemented as of 1/5/2006 transposed from the EU legislation.  
 
• Communiqué of Product Safety and Inspection: 2023/9  
The Communiqué on Product Safety and Inspection No.  2023/9 regulates the product safety 
controls of certain products that require CE marking such as machinery, low voltage WT/TPR/M/439/Add.1  
 
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  equipment, electromagnetic compatibility, pressure equipment, simple pressure vessels, 
appliances b urning fuels, lifts and hot -water boilers. The controls are based on mainly 
document checks and physical controls, and carried out by the Turkish Standards Institution 
(TSE) at the import stage. The controls are carried out with respect to the essential 
requirements in the technical regulations regarding the products in compliance with the EU 
legislation.  
 
• Communiqué of Product Safety and Inspection No. (2023/10)  
In accordance with the Communiqué of Product Safety and Inspection No.  2022/10, import 
controls of toys are implemented as of 12/12/2005, in compliance with the EU legislation.  
 
• Communiqué of Product Safety and Inspection No. (2023/11)  
With the Communiqué Product Safety and Inspection of No.  2023/11, the imports controls of 
the Personal Pr otective Equipment are implemented in compliance with the EU legislation.  
 
• Communiqué of Product Safety and Inspection No. (2023/12)  
Communiqué on Product Safety and Inspection No.  2023/12 regulates the import controls of 
certain consumer products such a s pacifiers, baby bottles, baby care products, stationery 
supplies, mouse pads, imitation jewellery, wrist watches, etc.  
 
• Communiqué of Product Safety and Inspection No. (2023/14)  
Communiqué on Product Safety and Inspection No.  2023/14 regulates the impo rt controls of 
construction products such as cement, iron and steel bars, etc. in compliance with the EU 
legislation.  
 
• Communiqué of Product Safety and Inspection No. (2023/15)  
The Communiqué of Product Safety and Inspection No.  2023/15 regulates the im port controls 
of batteries and accumulators in compliance with the EU legislation.  
• Communiqué of Product Safety and Inspection No. (2023/16)  
Communiqué on Product Safety and Inspection No.  2023/16 regulates import controls of 
medical devices such as in v itro, active implantable medical devices, etc. in compliance with 
the EU legislation.  
 
• Communiqué of Product Safety and Inspection No. (2023/18)  
In accordance with the Communiqué on Product Safety and Inspection No.  2023/18 various 
textile and leather p roducts are subject to inspection by the Turkish Standards Institution 
(TSE).  
 
• Communiqué of Product Safety and Inspection No. (2023/25)  
In accordance with the Communiqué on Product Safety and Inspection No.  2023/25, motor 
vehicle components are subject to inspection by the Turkish Standards Institution (TSE).  
Within the context of aforementioned Communiqués, various product groups are subject to 
import controls at customs before they are made available on the market.  
Risk assessment of imports and export s of certain agricultural commodities for quality control 
purposes and industrial product import controls are carried out through a web -based software, 
named "Risk -Based Trade Control System (TAREKS®)". Importers and exporters of these 
items must apply thr ough the system to have their products inspected.  
The risk criteria are determined on the basis of the data collected from market surveillance. 
Furthermore, the criteria include CN code, origin, brand, model, importer, price, quantity, 
exporter, importer, rejected products, user errors, etc.  
 
Page 47 (Para 3.10)  
 
6. The WTO Secretariat Report states that "surveillance certificates must be obtained 
for the import of certain products" and "to obtain this certificate, additional data and/or 
information must be provided". Can Türkiye provide information on their respective 
minimum value -thresholds for these specific goods?   
 
Answer:  Import surveillance system is based on the Council of Ministers Decision 
No. 2004/7304 published in the Turkish Official Gazette dated 29/05/2004 No.  25476 . The 
purpose of import surveillance is to closely monitor imports and to collect specific data 
regarding products whose imports are sharply increasing. Data collected during surveillance WT/TPR/M/439/Add.1  
 
- 178 - 
 
  is crucial for the evalua tion of the domestic producers' claims on injury that might lead the 
Ministry to initiate an investigation of safeguard, anti -dumping or anti -circumvention.  
All details of the surveillance applications of Türkiye are published in the Official Gazette for 
transparency purposes.  
 
3.3.2.1 Legal and institutional framework  
Page 80 (Para 3.102)  
 
7. The WTO Secretariat Report notes "a new Halal Accreditation Agency was 
established in 2018 to accredit halal conformity assessment bodies". How does the new 
Halal A ccreditation Agency intend to regulate halal -related conformity assessment 
activities of halal certification bodies outside of Türkiye? Will there be a pathway for 
mutual recognition of halal conformity assessment between government agencies to 
facilitate trading of halal -certified products into/out of Türkiye?   
 
Answer:  Halal Accreditation Agency of Republic of Türkiye (HAK) was established in 2018, 
mainly to provide halal accreditation services to halal conformity assessment bodies located 
both in Türkiye  and abroad and to ensure that these bodies operate according to national or 
international standards.  
Within this framework, the HAK evaluates the accreditation applications in accordance with 
the OIC/SMIIC halal standards (which are prepared by The Standa rds and Metrology Institute 
for Islamic Countries/SMIIC, an affiliated body of the Organization of Islamic 
Cooperation/OIC), other technical requirements mentioned in these standards and normative 
guidelines carefully prepared by the HAK and grants accredi tation to the ones which fulfilled 
these requirements.  
 
As of October  2023, The HAK has received 140+ halal accreditation applications from 33 
different countries and granted accreditations to 36 conformity assessment bodies (12 of 
which are from abroad).  As of October  2023, The HAK has 40+ ongoing evaluations - half of 
which are from abroad.  The list of certification bodies accredited by the HAK globally can be 
accessed through the following link:  https://english.hak.gov.tr/accredited -hcabs . 
 
In addition to accreditation services, the HAK as a member of SMIIC's Accreditation Council, 
contributes to efforts on establishing a mutually recognized halal accreditation mechanism 
among OIC countries, within the scope of OIC/SMIIC Standards. In that regard, the HAK 
supports the recently established Islamic Forum for Halal Accreditation Bodies (IFHAB), a new 
internat ional mechanism which will serve as a roof institution for halal accreditation bodies 
and is expected to play a paramount role in the process of mutual recognition of halal 
certificates.  
 
3.3.2 Standards and other technical requirements  
Page 84 (Para 3.115 ) 
 
8. The WTO Secretariat Report also states that over the review period, non -notified 
labelling requirements were introduced, including "a new obligation for labels and price 
lists of goods offered for retail sale to include a "domestic production logo" i f the goods 
are produced within Türkiye". Can Türkiye clarify the criteria for a good to be qualified as 
having been obtained and manufactured in Türkiye as listed in Article  18 of Customs Law 
number 4458?   
 
Answer:  The Communiqué on The Use of the Domesti c Production Logo on the Labels and 
Price Lists of Goods (" Communiqué ") has been published in the Official Gazette dated 5 
October  2018. 
The Communiqué aims to determine the procedures and principles that regulate the use of 
the domestic production logo which must be included on labels and price lists for goods offered 
to consumers.  
 
Goods Considered to be Domestically Produced:  
According to Article  6 of the Communiqué, goods considered to be domestically produced and 
therefore entitled to bear the domestic production logo are as follows:  
- Goods produced in Türkiye according to Article  1 of the Industrial Registry Law ("Law 
No. 6948") by industrialists;  WT/TPR/M/439/Add.1  
 
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  - Handcrafted and domestically crafted goods manufactured in Türkiye; and  
- Goods obtained or manufactured in Türkiye and listed under Article  18 of the Customs 
Law (Law  No. 4458), e.g. mining products, herbal products, fishing and hunting 
products etc.  
 
According to the Communiqué, to determine whether the domestic production logo is r equired, 
the following criteria must be indicated on the labels and price lists of goods:  
- Place of production;  
- Any distinctive characteristics;  
- Sales price, including any applicable taxes;  
- Unit price;  
- Effective date of the relevant sale and unit price of t he goods; and  
- Form, logo or symbol determined and announced by the Ministry for goods produced in 
Türkiye.  
 
The abovementioned legislation on Domestic Production Logo explains the general framework 
of the conditions and requirements, therefore it has to be  in line with the Customs Law 
comprising the details and conditions needed for goods to be declared as obtained and 
manufactured in Türkiye which is in harmony with the EU legislation.  
 
3.3.7. Intellectual Property Rights  
Page 104 (Para 3.190)  
 
9. The WTO Secretariat Report also notes that on intellectual property rights "there are 
long-standing problems concerning the governance and management of collective 
management organizations because foreign right holders are not allowed to become full 
members or  participate in the decision -making process". Can Türkiye provide information 
on the competencies of collective management organisations and will Türkiye allow 
foreign right holders to attain full membership in the foreseeable future?   
 
Answer:  New Regulat ion on Collecting Societies in the Field of Copyright was published on 
7 April 2022. This regulation aims to harmoni ze the amendments of Law No. 5846 on 
Intellectual and Artistic Works, national developments related with collecting societies, and 
Directive  2014/26/EU of the European Parliament and of the Council of 26  February  2014 on 
collective management of copyright and related rights and multi -territorial licensing of rights 
in musical works.  
In this regard, collecting societies shall perform their duti es in a transparent, participatory and 
accountable manner. So, any right holder fulfilling the criteria, can get membership regardless 
of nationality status and exercise the rights stemming from membership.  
In other words, a collecting society can not discriminate among different nationalities. On the 
other hand, there is an exception for legal persons. Right holders that are legal persons, should 
be established in accordance with the relevant Turkish Legisla tion. This exception has been in 
force since 1999. In addition to the issue of full membership of foreign enterprises being on 
our agenda, our evaluation studies continue in terms of its sectoral effects.  
There are 27 collecting societies, (7 literary work s, 7 musical works, 11 cinematographic 
works, 1 broadcasters, 1 works of fine arts) 3 federations (book publishers, music authors, 
music related rights holders) exist in Türkiye. These societies represent more than 36.000 
rightholders and more than 2  million works. Moreover, by bilateral agreements (with more 
than 170 countries), societies carry out their representative duties on an international level. 
Finally, Ministry of Culture and Tourism supervises the collecting societies ex officio  or upon 
complaint.  
 
PART II: QUESTIONS REGARDING THE GOVERNMENT REPORT  
3 Economic Environment  
Page 5 -6 (Paras 3.1 and 3.4)  
 
1. The Government Report cites that "private consumption and fixed capital investments" 
is the contributing factors to growth in 20 16, 2017, and 2021. Could Türkiye share 
whether there were specific policies introduced during the 2020 -2021 period which 
incentivi zed private consumption and fixed capital investments that contributed to the 
substantial 11.4% GDP growth?  WT/TPR/M/439/Add.1  
 
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  Answer:  Türkiye has a well -functioning social security system, a strong banking sector, sound 
public finances and low household indebtedness.  
The increase in consumption expenditures (15.4%) in 2021 was driven by the weak outlook 
in the previous years (2018: 0.7% , 2019: 1.5%, 2020: 3.2%, 2002 -17 Average: 5.3%), the 
realization of demand that had been postponed due to the pandemic.  
Investments remained low in 2018 (0.1%) and contracted in 2019 ( -12.5%). In addition, the 
strengthening of exports due to the change i n supply chains caused by the pandemic, the 
strong domestic demand and favourable credit conditions increased investments (2020: 7.3%, 
2021: 7.2%).  
Strong increases in the machinery and equipment category (2020: 21.3%, 2021: 21.8%) 
were the main driver of investment growth, while the construction sector contracted in the 
2019-22 period.  
 
Page 12 (Para 3.48)  
2. The Government Report notes that "Fintech, cybersecurity, gaming, ICT in healthcare, 
ICT in mobility, e -commerce, e -government, and telecommunicatio ns are just a few of the 
sub-sectors within the ICT industry that have seen rapid technological development and 
growth". Could we understand if there were specific policies introduced to aid in the 
growth of these sub -sectors?  
 
Answer:  Recently, Turkish In formation and Communication Technologies (ICT) sector has 
shown a rapid development. Turkish services exports in ICT sector amounted to 
USD 2,958 million in 2022. Software, video games, fintech, blockchain software and 
technologies, telecommunications, dat a center, and cyber security are among the sub -sectors 
within the ICT industry that have seen rapid technological development and growth. The 
reasons for Turkish ICT sector's success are the qualified workforce, excellent 
telecommunication infrastructure a nd a broad network of dedicated governmental bodies.  
 
"Regulation on Authorization of Participants within the Scope of Public IT Service Procurement" 
was published in order to ensure that service procurements for IT projects made by public 
administrations comply with security and quality standards. Within the scope of the 
Regulation, the Ministry issues authorization certificates. The authorization certificates issued 
are referred to in the General Communique on Public Procurement and it det ermines which 
type of authorization certificate is required for which type of tenders.  
 
For technological products and services obtained from technology centers, private sector R&D 
centers, technology development zones, publicly supported R&D projects, pre -competitive 
cooperation projects and equity R&D projects; Technological Product Experience document, 
which replaces the "Work Experience Certificate" in public tenders, is issued.  
A guide has been prepared to increase the cyber resilience of the industry,  and it is planned 
to carry out audits and guidance processes related to the implementation of the guide.  
 
4.3 Türkiye – EU Relations  
Page 19 (Para 4.53)  
 
3. The Government Report notes that "during the high -level consultations in 2014, Türkiye 
agreed with  the EU Commission to negotiate for updating the Customs Union. In this 
context, the report which forms the main framework for the negotiations, was endorsed 
in May 2015 by the parties. Based on this background, on 21 December 2016, the 
Commission applied to the Council for a mandate to initiate formal negotiations for the 
update of the Customs Union." Does Türkiye have plans in the Customs Union review, to 
have their food import regulations to align with EU standard, more specifically on the 
allowance of a  small percentage of GMO ingredients in processed food?  
 
Answer:  The negotiations for the modernization of the Customs Unions have not started yet. 
Therefore, it is not possible to comment on that question at that stage. In the report of the 
"Senior Official Working Group on the Update of the EU -Türkiye Customs Union and Trade 
Relations" (SOWG) issued on 27  April 2015, Türkiye's alignment with the EU's GMO regime is 
not covered.  
 
4.3.2 Türkiye's Green Transition  
Page 22 (Para 4.84)  WT/TPR/M/439/Add.1  
 
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  4. The Government R eport notes that "In order to draw the legal framework of all these 
efforts, [Türkiye] started to work on our Climate Law with a Climate Council including 
representatives from the public, private sector, academia and finance. This framework 
will include a carbon pricing mechanism with a focus on establishing an ETS in Türkiye." 
Can Türkiye elaborate on the structure of the carbon pricing mechanism and is there an 
timeline on the implementation of the framework?   
 
Answer:  Main features and approach of the planned carbon pricing mechanism will be defined 
in Climate Law which will be the basis of the system and according to the studies conducted 
and the wide -ranging consultations held. Accordingly, integrity in the climate policies will be 
guaranteed on e nhanced coordination and consultation principles.  
With new regulation, the principle of transparency will be established and policy predictability 
will be ensured for the participants.  
 
It is planned that the system will start with a pilot period, which is  a consensus agreed by the 
stakeholders and reflected in the Climate Council decisions. This aims to create a smooth 
transition period.  
 
  WT/TPR/M/439/Add.1  
 
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  UKRAINE  
PART I: QUESTIONS REGARDING THE SECRETARIAT  REPORT  (WT/TPR/S/439)  
1 ECONOMIC ENVIRONMENT  
1.1 Main features o f the economy  
 
Page 15 (Para 1.5)  
According to the Report "Türkiye is located in the Mediterranean Basin, one of the regions in the 
world expected to be most affected by climate change. Recent floods, forest fires, and sea pollution 
have also shown how highly vulnerable the country is to the impacts of climate change. In addition, 
energy supply disruptions and fuel price increases because of geopolitical conflicts have underscored 
the urgency of climate action in support of energy security and affordabil ity. As part of its efforts to 
tackle these challenges, Türkiye adopted its Green Deal Action Plan in August 2021 to comply with 
the European Union`s European Green Deal. Some of the main actions under the Green Deal Action 
Plan include limiting carbon emi ssions; promoting green financing and circular economy; 
encouraging clean, economic, and safe energy supply; supporting sustainable agriculture; and 
fostering sustainable smart travels".  
 
Questions:  
1. Could Türkiye, please, indicate measures that have bee n taken to support sustainable 
agricultural development?  
 
Answer:  In order to promote sustainable agriculture, the development of necessary 
technologies, the protection of biodiversity and genetic resources, and the adoption of 
environmental approaches in agricultural production are prioritized. In this context, supporting 
individual irrigation systems; renewable energy investments within the scope of rural 
development investments; processing, drying, freezing, packaging and storage of plant and 
animal prod ucts; infrastructure investments for the development of family business activities; 
environmental activities such as organic agriculture, good agricultural practices; soil analysis; 
solid organic organomineral fertilizer for the protection of soil and unde rground water 
resources; biological and biotechnical control and the use of bumblebees are supported. The 
sustainability of the fisheries and aquaculture sector is ensured within the framework of the 
relevant law and secondary legislation, which includes r elated controls and inspections . 
 
2. What results were achieved in the field of agriculture due to the adoption of the Green 
Deal Action Plan and its implementation?  
 
Answer : The Green Deal Action Plan aims to ensure sustainable growth and development in 
Türkiye in an inclusive manner and to support the green transformation of the Turkish 
economy and industry; to maintain competitiveness in trade and to improve integration into  
transforming global value chains.  However, as the Green Deal Action Plan was adopted in 
2021, it is still early to assess the achievements  under the action Plan, which includes mostly 
structural reform steps.  
 
1.3 Trade and investment performance  
1.3.1 Tr ade in goods  
Pages 21 -22 (Para 1.30)  
Chart  1.2 shows that metallurgy products were among the top three goods imported by Türkiye in 
2021. According to the International Trade Centre, around 8% of Türkiye's total ferrous metals 
import (HS Code 72) and around 12% of its total ore mineral import (HS Code 26) was provided by 
Ukrainian producers. In 2022, due to the full -scale Russia n Federation 's invasion, Ukraine's exports 
of ferrous metals and ore minerals to Türkiye fell sharply (by, respectively, 81% a nd 87%).  
 
Questions:  
3. Would Türkiye assess the impact of diminishing one of the key suppliers of raw 
materials, in particular mining and metallurgical products, on the Turkish metallurgical 
sector?   
 
Answer:  Türkiye does not follow a policy to determine and direct the countries from which 
products are imported. The country of imports is determined entirely by the preferences of 
importers within the framework of market conditions. Similarly, the decrease in imp orts of 
ferrous metal and ore minerals from Ukraine is considered to be due to the new market WT/TPR/M/439/Add.1  
 
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  conditions. Finally, the base effect stemming from the high imports in 2021 should also be 
taken into account in this high level of decline.  
 
In order to overc ome the challenges caused by disruptions in international trade, exploring 
new markets and supply channels, especially in import -dependent sectors, is among Türkiye's 
top priority on foreign trade policies.  
 
According to International Trade Centre 2022 dat a, Türkiye's total imports of ore minerals 
(HS 26) were recorded as USD 1.7 billion, with a 23% decrease in value compared to the 
previous year. The share of India, South  Africa, Serbia, Peru, Mexico and Uzbekistan in the 
Turkish imports of the product in question has increased sharply. As for iron and steel products 
(HS 72), Türkiye's total import volume rose by 3% and reached a value of USD 28 billion in 
2022.  
 
In addition, Türkiye is not only an importer but also an exporter of iron and steel products. I n 
this context, Türkiye embraces industrial strategies to encourage domestic and national 
production level and takes necessary steps towards this end. It is also utmost important to 
move Türkiye's foreign trade to higher levels by focusing on more qualifie d and higher added 
value products in the iron and steel products.  
 
4. What measures were implemented by Türkiye to support its metallurgical sector and to 
diversify the source of supply of needed raw materials?  
 
Answer:  The Turkish iron and steel industry has not been supported within the context of the 
investment incentive system due to the provisions of the Treaty establishing the European 
Coal and Steel Community (ECSC). However, the firms that fall under the SME definition as 
enabled by this Tr eaty can benefit from VAT exemption and customs duty exemption 
incentives.  
  
The production of metals other than iron and steel, such as aluminium, copper, zinc in Türkiye 
benefits from regional support mechanisms including VAT exemption, customs duty 
exem ption, social security premium support (employer's share), interest support, and tax 
deduction.  
 
In the event that the investment has taken place in the raw material supply of the metallurgy 
sector, scrap recycling and mining activities have been considere d among the priority -
supported areas according to Decision No.  3305, and thus they benefit from the same support 
elements at higher rates.  
 
2 TRADE AND INVESTMENT REGIMES  
2.3 Trade agreements and arrangements  
2.3.2 Regional and preferential trade agreement s 
2.3.2.2 Preferential trade arrangements  
 
Page 37 (paragraphs 2.28 -2.29)  
The Report informs that Türkiye narrowed the scope of beneficiary countries under its GSP scheme 
in 2018, eliminating unilateral preferences to more than 20 economies, including Ukraine. It also 
stresses alignment of Türkiye's commercial policy, counting GSP rules, with the European  Union 's 
Common Commercial Policy that has become more challenging from the Turkish perspective because 
of the European  Union 's conclusion of  deep and comprehensive RTAs with third countries. According 
to Report, "Modernization of the Customs Union agreement has not progressed and Türkiye's 
accession negotiations to the European  Union  have been at a standstill since 2018".  
 
Questions:  
5. Would  Türkiye, please, share its opinion concerning impact of challenges arisen in its 
commercial policy, due to the European  Union 's conclusion of deep and comprehensive 
RTAs with third countries, in particular on the list of GSP beneficiaries, considering tha t 
Türkiye's accession negotiations to the EU have been at a standstill since 2018?  
 
Answer:  Türkiye is of the opinion that the divergence between EU's and Türkiye's FTAs and 
the lack of Türkiye's inclusion in the policy making process under Common Commerci al Policy 
including preferential and autonomous regimes constitute serious concern for the proper WT/TPR/M/439/Add.1  
 
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  functioning of the Customs Union. Türkiye and the EU agreed to address this issue within the 
scope of the moderni zation of the Customs Union. However, the Council has not provided the 
necessary mandate to launch the moderni zation process to the European Commission since 
2016 and under the current mechanisms established within the Parties, we have not been able 
to agree on a systemic solution to address Türki ye's concern until now.  
 
6. Has Türkiye considered a possibility of resuming unilateral preferences under its GSP 
scheme for countries that have concluded deep and comprehensive RTA with the EU as 
well as signed FTA with Türkiye until the latter will become effective?  
 
Answer:  No, in this case, while the EU would enjoy bilateral concessions under these 
agreements, Türkiye would be forced to offer unilateral concessions to those countries under 
the GSP scheme. This imbalance has the potential to harm Tu rkish producers' competitiveness 
vis-à-vis the EU producers.  
 
2.4 Investment regime  
2.4.3 Investment incentive schemes  
Page 39 (Para 2.37)  
The Report informs that Türkiye has four investment incentive schemes that fall under the Decree 
on State Aid for Investments and aim to promote regional development; these are the General 
Investment Incentive Scheme, the Regional Investment Incentive Sche me, the Strategic Investment 
Incentive Scheme, and the Priority Investment Incentive Scheme.  
 
Questions:  
 
7. Could Türkiye, please, provide more detailed information about investment incentive 
schemes and appropriate legislation, giving the links to concr ete articles of regulatory 
acts on these schemes?  
 
Answer:  For attracting more capital inflows and qualified investments, we have adopted an 
investment incentive system in June  2012. This system involves special programs in order to 
attract different types  of investments, namely general, regional, priority and strategic 
investment incentive schemes. The investors benefit from certain incentive tools based on 
their size, sector and location of investments.  
 
The Regional Investment Incentive Scheme supports t he industries in each province based on 
the competitive potential and economic scale of that specific province. The intensity of the 
incentive tools depends on the development level of the province and increases from most 
develop to least developed regions . Türkiye is divided into six regions for this purpose.  
 
Priority investment areas are also defined within our incentive system and can benefit from 
attractive rates of supports as well. These sectors cover a wide range from manufacturing 
(automotive, defence, pharmaceuticals, carbon fibers etc.) to services (education, railroad 
and maritime transportation, convention centers); from energy (production from local coal, 
energy efficiency investments, etc.) to R&D related business (test facilities, wind tunnels, 
investments made to produce products developed by an R&D Project, high technology 
sectors). Therefore, the investment opportunities to be highlighted are numerous for 
international investors.  
 
The Strategic Investment Incentive Scheme supports inv estment projects for the 
manufacturing of products crucial for the production base of our economy. Investments which 
do not fall within the above -mentioned schemes are supported by the General Investment 
Incentive Scheme with the minimum intensity of suppo rts. 
  
All documents, presentations and guidelines can be found in both Turkish and English on the 
website of the Ministry at the link below:  
https://www.sanayi.gov.tr/destek -ve-tesvikler/yatirim -tesvik -sistemleri    
Regulatory Acts and Legislation also can be found at the link below in Turkish. Incentive  
 
Implementation and FDI should be selected in the Dropbox  above:  
https://www.sanayi.gov.tr/mevzuat/diger   
 WT/TPR/M/439/Add.1  
 
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  Major Legislation:  
Decree No.  2012/3305 on State Incentives for Investments  
Decree No.  2016/9495 on Project Based State Incentives for Investment  
 
8. What investment incentive scheme, described in the Report, seems to be the most 
effective?  
 
Answer:  The share of the strategic investments amount has consistently increased 
throughout the years. Both the deflated amount and share of the medium -high technology 
manufacturing and the priority investments addressing industrial and socioeconomic 
development a re also on the rise, compliant with the macroeconomic aspirations of the 
Program. Besides, the regional investment scheme is very well able to relocate labour -
intensive investments to the 6th region (the least developed) and spur the investments along.  
 
9. Would Türkiye also kindly inform more about other investment support programmes, 
which are available in Türkiye and have positive impact on Türkiye's economy?  
 
Answer:  Apart from the 4 Pillar Investment Incentive System (Regional, Priority, Strategic, 
General), the project -based investment incentive scheme is the boldest among them, applied 
through a separate Presidential Decree and regulation. The purpose of this scheme is to 
support innovative, R&D -intensive and high -value -added investments that would c ontribute 
to the development path of the country in order to ensure security of supply and reduce foreign 
dependency in line with the targets pronounced in the development and annual programs . 
 
2.4.4 Investment zones  
2.4.4.3 Free Zones (FZs)  
Page 43 (Para 2.47)  
Under the Report, Türkiye continues to operate 18 free zones (FZs), that provide a supportive 
environment for export -orientated investment and production, through exemptions from the 
following taxes/fees: customs duties and other assor ted duties, corporate income tax for 
manufacturing companies, VAT and Special Consumption Tax, stamp duties for applicable 
documents, real estate tax, income and corporate tax for certain logistics services offered in FZs 
provided they are export -orientate d, income tax on employee's wages for companies that export 
85% of the f.o.b. value of the goods they produce in the FZs, title deed fees when buying and selling 
a property, VAT exemption for services rendered in FZs, and VAT and other taxes for available 
infrastructure (i.e. electricity, water, gas, and sewage).  
 
Question:  
 
10. Would Türkiye kindly provide more detailed information concerning current operation 
of free zones, in particular with respect to following aspects:  
● types of FZs and principles of their organization;  
● particularities of taxation, requirements for receiving tax benefits with clarification 
what exactly VAT exemptions are applied in every single FZ;  
● general VAT rates and transactions exempted from taxation;  
● specifics of ac counting of VAT benefits and their impact on development of 
appropriate FZ?  
 
Answer:  Free Zones are defined as special investment sites within the country that are 
deemed to be outside of the Turkish customs territory for the purposes of implementation of 
import duties, commercial policy measures, and foreign exchange regulations.  
The objectives of the free zones are defined in Article  1 of Free Zones Law No.  3218 as 
"promoting export -oriented investment and production, accelerating foreign direct investment 
and technology entry, directing enterprises towards export and developing international 
trade."  
 
Companies operating in free zones are exempted from; income ta x or corporate income tax 
(manufacturing companies only), income tax calculated for the wages of the workers 
employed by free zone companies provided that at least 85% of the FOB value of the products 
manufactured in these zones are exported (manufacturing  companies only), real estate tax, 
stamp duty and fees for the transactions made and papers issued regarding the activities 
carried out in these regions.  WT/TPR/M/439/Add.1  
 
- 186 - 
 
  To operate in free zones, companies must obtain an Operating Licence. Free zones incentives 
are valid for the duration of the Operating Licence.  
 
There are two types of users in free zones. The first one is the "investors" who build their own 
buildings on the land that they purchase or rent. The second type of user is the "tenants" who 
rent already existin g buildings. Duration of free zone licences according to the user type is 
shown below.  
  
  Investor  Tenant  
Manufacturing  45 years  20 years  
General Trading or  
any other activities  30 years  15 years  
 
Value Added Tax is not applicable to goods that are placed in Free Zones. For this reason, for 
goods brought from Türkiye, VAT is refunded to the exporter in Türkiye. The goods brought 
from abroad to Free Zones are also exempted from customs duties and value added tax. As 
Free Zones are deemed outside the T urkish Customs Territory, exemptions from customs 
duties and VAT are the normal consequence of this fact and there is no further VAT exemption 
for Free Zone companies.  
 
In addition to these tax exemptions, logistics services that are offered to Free Zone c ompanies 
for the transportation of exported goods, are exempted from Value Added Tax. However, the 
beneficiary of this VAT exemption is not the Free Zone company, but the shipping company.  
 
Page 43 (Para 2.48)  
The Report informs about the amendment made t o the Law on Free Zones in 2017 that gave the 
authority to the President to modify income tax rates on employee salaries for companies that export 
at least 85% of the f.o.b. value of goods produced in FZs. It also allowed the President to reduce 
the rate t o 50% and to increase it to its statutory level. The Report clarifies that the rate can also 
be differentiated according to the region, sector, or field of activity of strategic, large -scale, or 
priority investments, and to project -based investment incenti ves. 
 
Question:  
11. Ukraine would appreciate if Türkiye could inform more about its income tax regime, 
in particular about income tax rates, which are applied, as well as about particularities in 
determination of rates' charge.  
 
Answer:  Article  103 of the Income Tax Law No.  193 titled "Basic tariff" sets out the tax tariff 
to be applied to income subject to income tax. The rate to be applied to the income that does 
not exceed the first bracket of this tariff is 15%, and if the total income exceeds the i ncome 
in the first bracket (70.000 TL for 2023) during the year, the excess part is taxed in the second 
and upper brackets.  
 
The income bracket amounts of the tax tariff based on the taxation of income subject to 
income tax in the first paragraph of Articl e 103 of the Income Tax Law are applied by 
increasing the revaluation rate determined in accordance with the provisions of the Tax 
Procedure Law for the previous year under the provision of the Article  123bis of the same Law 
titled "Authorisation". The Pre sident is authorised to increase or decrease the rates and 
amounts determined in this way by up to half.  
 
In addition, pursuant to the Free Zones Law No.  3218, until the end of the taxation period of 
the year including the date of full membership to the Eu ropean  Union , taxpayers exporting at 
least 85% of the FOB value of the products produced in free zones to abroad are provided 
with income tax withholding incentive by deducting the income tax calculated on the wages 
paid to the personnel employed by the ta xpayers from the tax accrued on the withholding tax 
return to be submitted. Employers benefit from this incentive.  
 
 WT/TPR/M/439/Add.1  
 
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  3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.3 Tariffs  
3.1.3.1 Applied MFN duties  
Page 49 (Para 3. 21)  
The Report states that "Türkiye applies three different types of duty on imports only: (i)  customs 
duties; (ii)  additional financial liabilities (AFLs); and (iii)  additional customs duties (ACDs). The 
combination of these different types of duty comprises Türkiye's MFN tariff, and marks a significant 
change from the situation at the time of Türkiye's previous Review when the MFN applied tariff was 
calculated as being composed of the customs duty and the "Fund as Agricultural Component" as 
applied to processed agricultural products. Consequently, Türkiye's average applied MFN tariff is 
considerably higher in 2022 than at the time of its previous Review. It has also been observed that 
Türkiye's import regime is marked by relatively frequent unilatera l variations in tariffs".  
 
Questions:  
12. Would Türkiye, please, clarify the grounds of its policy regarding the significant 
change of Türkiye's tariff regime and inform about its impact on the domestic industry 
and trade?   
 
Answer:  Türkiye's tariff regime is regulated in compliance with the WTO commitments, 
Customs Union with the EU, FTA obligations and the national legislation. The gap between 
bound and applied duties gives Türkiye the possibility to arrange the tariff rates according to 
the necessi ties of the domestic market.  
 
In order to protect its domestic industry, Türkiye takes necessary actions in terms of tariff 
regimes by taking into account its obligations in the General Agreement on Tariffs and Trade 
and Customs Union.  
 
13. Could Türkiye a lso indicate any recent measures implemented or planned with the aim 
of simplification/reduction of its applied tariffs?  
 
Answer:  Türkiye reduced the ACDs applied to more than 400 products on 24  February  2022 
with Presidential Decree No.  5207.  
 
Those products include colours in sets, fireworks, builders' joinery and carpentry of wood; 
casks, barrels, vats, tubs and other coopers' products and parts thereof; packing cases, boxes, 
crates, drums and similar packings of wood; wooden frames, certain t ypes of toilet papers, 
skins and other parts of birds with their feathers, wigs, beards, eyebrows, eyelashes, bangs 
and the like, of human hair, animal hair or other textile materials.  
 
Türkiye also reduced its MFN rates to 0% for prefabricated houses on 10 March  2023 with 
Presidential Decree No.  6921, 6922.  
 
Page 51 (Para 3.24)  
The Report informs about application of additional customs duties (ACDs) to imports from all trading 
partners, except the European  Union  and certain countries with which Türkiye has an RTA (for whom 
an ACD zero rate is applied). ACDs are introduced, amended, or abolished by Presidential Decision 
and are not part of the annual Import Regime decisions. According to the authorities, the purpose 
of these duties is to defend domestic p roducers' interests against imports that cause injury to the 
domestic industry. ACDs are applied to 3,206 tariff lines (at the HS 10 -digit level), representing 
27.7% of all tariff lines. Rates are ranging from 2% to 30%.  
Introduction of ACDs directly affec ted imports from Ukraine.  
For example, since the beginning of 2018, the Türkiye's duty on imports of Ukrainian -made plywood 
has been increased three times, together up to the level of 31%, because of the following reasons:  
- since 1 January  2018, Ukraine h as been excluded from the list of Türkiye's GSP 
beneficiaries that resulted in increase of the duty from 3.5% to 7%;  
- on 28  March  2018, Türkiye introduced an additional customs duty with 20% rate applied 
on imports of plywood originating from Ukraine as wel l;  
- since 20  April 2020, a decision on additional customs duties on industrial products has 
been implemented within the scope of additional decisions to separate decisions on the 
import regime, according to which the additional customs duty on imports of plywood 
originating in  Ukraine increased from 20% to 24%.  WT/TPR/M/439/Add.1  
 
- 188 - 
 
  The de facto application of import duty of 31% has almost stopped imports of Ukrainian -made 
plywood to Türkiye since 2018.  
 
 
Questions:  
14. Could Türkiye, please, elucidate what points were considered for introduction of ACDs 
and determination of their rates?  
 
Answer:  All these measures are taken in accordance with the results of quantitative analysis 
conducted by the Ministry of Trade that employ a variety of economic models, predictive 
schemes and forecas ts. All stakeholders are well consulted to compute all possible social, 
economic and environmental costs that can occur as a result of the actions taken.  
 
15. Has Türkiye considered possibility to eliminate or to reduce ACDs regarding imports 
from trading partners, with which Türkiye has signed the FTA but it is still not in force, 
with the aim of developing mutually beneficial trade relationship?  
 
Answer:  Import regime is regulated in line with the international commitments of Türkiye. 
Therefore, only the EU countries and the FTA partners are exempted from the ACDs.  
 
16. Were there any amendments to appropriate Presidential Decision on ACDs, in 
particular concerning imports of such goods as plywood?  
 
Answer:  Türkiye reduced the 24% additional customs duty on plywood to 20% as of 2021.  
 
3.1.3.2 WTO bound duties  
Page 54 (Para 3.30)  
Table  3.4 of the Report shows at least 31 tariff lines where Türkiye's applied MFN rates exceed bound 
tariff rates in the WTO.  
 
Question:  
 
17. Would Türkiye, please, indicate what progress has been made toward lowering its 
applied MFN rates in accordance with bound commitments?  
 
Answer:  In the framework of EU -Türkiye Customs Union, Türkiye has the obligation to 
undertake EU's Common Customs Tariffs (CCT) regarding the imports from third countries. 
For the 47 tariff lines, the applied MFN rates have been implemented as the same rates with 
the CCT rates, apparently exceeding Türkiye's bound rates in certain tariff lines. We will 
consider this matter in consultation with the European Commission.  
 
3.1.4 Other charges affecting imports  
3.1.4.1 Value added tax  
Page 57 (Para 3.36)  
The Report de scribes legislative framework for VAT taxation in Türkiye.  
 
Question:  
18. Could Türkiye, please, share the form of tax declaration for VAT, if there is such 
possibility, as well as inform about procedure of its filling?  
 
Answer:  Taxpayers submit their VAT returns electronically, not physically.  
 
3.1.4.2 Special Consumption Tax  
Page 59 (Para 3.40)  
Under the Report, the Special Consumption Tax (SCT) continues to be levied on imports and 
domestic production of the following goods that are contained in the  additional lists to the Special 
Consumption Tax Law. These are petroleum products (List I); motor vehicles, aircraft, and vessels 
(List II); alcoholic beverages and tobacco products (List III); and durable consumer goods (List IV).  
 WT/TPR/M/439/Add.1  
 
- 189 - 
 
  Questions:  
 
19. Would Türkiye kindly share its opinion whether the Special Consumption Tax, applied 
in Türkiye, corresponds by its content to such kind of indirect taxes, as, for example, 
excise duty applied in the EU?  
 
Answer : The Special Consumption Tax Law, published in the Official Gazette dated 
12 June 2002 and numbered 24783, is a law prepared by taking into account the basic rules 
and principles of the European  Union  Special Consumption Tax System, the goods that must 
be within the scope of the tax, the t axation measures and the European  Union  Directives 
determining the structure of the taxes.  
 
The Special Consumption Tax (SCT) Law No.  4760, which was published in the Official Gazette 
dated 12  June 2002 and numbered 24783 and entered into force on 1  August  2002, can be 
accessed from the official Internet address of our Presidency ( www.gib.gov.tr ). 
 
Direct Link:  
(https://www.gib.gov.tr/sites/default/files/fileadmin/mevzuatek/otv_oranlari_tum/ozeltuketi
moranlari -OpenPage.htm?cid=1 ) 
 
20. Ukraine would appreciate it if Türkiye could specify the list of durable consumer goods 
contained in List IV.  
 
Answer:  The most up -to-date version of the list numbered (IV) attached to the SCT Law 
No. 4760 can be accessed from the official Internet address (www.gib.gov.tr) of our 
Admini stration.  
 
Direct Link:  
(https://www.gib.gov.tr/sites/default/files/fileadmin/mevzuatek/otv_oranlari_tum/ozeltuketi
moranlar i-OpenPage.htm?cid=1 ) 
 
Page 59 (Para 3.41)  
The Report informs about SCTs on petroleum products, Twhich  are specific rates (either TRY/m3, 
TRY/kg, or TRY/litre). It states that, compared with 2015, SCT rates on most petroleum products 
have increased slightly, except for fuel oils, liquefied natural gas (LNG), auto and fuel biodiesel, and 
zero-rated items. E xemptions are applied to energy products delivered to the armed forces; energy 
products used for petroleum exploration and production activities; and diesel for vehicles leaving 
Türkiye for export.  
 
Question:  
21. Could Türkiye kindly inform how the control for the amount of production and the 
release of petroleum products is undertaken in Türkiye?  
 
Answer:  Petroleum market is regulated under Petroleum Market Law numbered 4646 and 
through EMRA which submits regular reports to the Ministry of Energy an d Natural Resources.  
 
3.1.4.3 Digital Services Tax  
Page 60 (Para 3.47)  
The Report states that "Through Law No. 7194, which entered into force in March 2020, Türkiye 
introduced a Digital Services Tax of 7.5% on digital service providers. The tax is applied  on the 
revenue generated from the sale of specified digital services, namely advertising services in the 
digital environment; audible, visual, or digital content in the digital environment; services for 
listening, watching, playing, or recording of digita l content on electronic devices; services for the 
provision and operation of digital environments involving user interaction; and intermediary services 
provided by digital services providers. Various exemptions apply. In 2021, the Digital Service Tax 
accou nted for 0.2% of total government revenue (Table A3.1). It is applied both to domestically 
produced services and imports of services. As indicated by the authorities, in the context of the 
ongoing OECD Base Erosion and Profit Shifting (BEPS) negotiations o n the taxation of digital services, 
once the OECD reaches an agreement, the Digital Services Tax will be removed and replaced with 
the OECD outcome."  
 WT/TPR/M/439/Add.1  
 
- 190 - 
 
  Questions:  
22. Would Türkiye, please, inform about the state of play in the context of the digital 
services taxation in Türkiye considering OECD BEPS negotiations?  
 
Answer:  One of the founding members of the OECD, Türkiye has actively participated and 
supported the efforts to find a solution to the difficulties experienced in the taxation of digital 
services under BEPS project since 2013 as a member of the Inclusive Framework  which was 
created by the OECD to ensure compliance with and contribution to BEPS action plans.  
The digital service tax, which Türkiye has established based on its sovereign rights to prevent 
tax evasion and loss in the digital service s sector  and ensure tax justice, among many other 
jurisdictions does not constitute an obstacle to the works carried out by international 
institutions, especially the OECD, and these works are closely followed and the challenge is 
comprehensively addressed. We continue to sup port efforts to find a solution.  
 
However, the digital service tax is not designed as a transitory tax and it is going to continue 
to be implemented according to the intended decision of the political will unless a satisfactory 
and applicable solution is r eached based on reconciliation in terms of Turkish interest or duly 
executed international agreement is will be ratified by Turkish Parliament.  
On the other hand, Türkiye is among the countries that approved the Outcome Statement 
released by OECD/G20 Inclu sive Framework on BEPS (IF) in July  2023. 
 
23. Ukraine would appreciate it if Türkiye could update information about the current rate 
of a Digital Services Tax applied on digital service providers, clarifying what kind of 
companies and services it is appli ed to, what operations are under taxation and what 
exemptions are applicable now.  
 
Answer:  Main framework (tax rate, covered services etc.) of digital service tax is as follows:  
 
1. Subject of the Tax:  The revenue obtained from the following services provided in Türkiye 
are subject to digital service tax (DST): a) All kinds of advertising services provided in digital 
environment (including advertisement control and performance measurement services, data  
transmission and management related to users, and technical services related to the delivery 
of advertising); b) Audible, visual or any digital content (including computer programs, 
applications, music, video, games, in -game applications and the like) for  sale on digital 
environment and services provided on digital environment for listening, watching, playing or 
recording of such content on electronic devices or for use on such devices; c) Services for the 
provision and operation of digital environments wh ere users can interact with each other 
(including services provided to sell or to facilitate the sale of a product or service between 
users).  
The revenue from the intermediary services provided by digital service providers in the digital 
environment for th e services above -mentioned are also subject to the DST.  
 
2. Taxpayer and Authorised Tax Office:  The taxpayer of the DST is the digital service 
provider. If they are fully accountable pursuant to the Income Tax Law and Corporate Tax Law 
and whether they car ry out their activities through their workplaces or permanent 
representatives in Türkiye in the limited liability to tax do not affect the tax liability for digital 
service. Large Tax Payers Tax Office is the tax office authorized to impose DST.  
 
3. Tax Ba se and Tax Rate: The basis of the DST is the revenue generated due to services 
subject to the tax in the relevant taxation period. The tax rate is 7.5%.  
 
4. Exemptions and Exceptions:  In the period prior to the relevant accounting period, those 
whose reven ues in Türkiye are less than TRY 20 million or whose worldwide revenues are less 
than EUR 750 million or equivalent foreign currency equivalent Turkish Lira for the services 
covered by the Law are exempt from the DST. If the taxpayer is a member of a conso lidated 
group in terms of financial accounting, the total revenue of the group for services subject to 
the tax shall be taken into account in the application of these limitations.  
The revenues from the following services performed in digital environment a re exempt from 
the DST:  
a) Services requiring the payment to the Treasury share according to the additional 37th 
article of the Law on Telegraph and Telephone;  WT/TPR/M/439/Add.1  
 
- 191 - 
 
  b) Services to subject special communication tax under the 39th article of the Law on Expense 
Taxes;  
c) Services under the Article  4 of the Banking Law;  
d) Sales of products created as a result of R&D activities in R&D centers as defined in the 2nd 
article  of the Law supporting research, development and design activities and services 
provided exc lusively through these products;  
e) Payment services under the 12th article of the Law on Payment and Securities Reconciliation 
Systems, Payment Services and Electronic Money Institutions.  
 
5. Taxation Period, Declaration, Assessment, Payment of the Tax: The taxation period 
is every single month of the calendar year. DST is assessed upon the declaration of the 
taxpayer. Tax returns can be sent and paid e lectronically at  https://digitalservice.gib.gov.tr/   
 
3.1.4.4 Strip stamps for alcoholic beverages and tobacco products  
Page 60 (Para 3.48)  
According to the Report, "Türkiye continues to implement a strip stamp requirement for alcoholic 
beverages and tobacco products, with exemptions applying to alcoholic beverages of 5 cl or less and 
wine during the ageing process. … For imported goods, the c odified label may be affixed at 
production sites abroad before the products are shipped to Türkiye, in the customs areas in Türkiye, 
or at the facilities of an authorized company in the provinces of Istanbul, Izmir, or Mersin. Strip 
stamps are an important  element in preventing IP piracy."  
 
Questions:  
24. Would Türkiye, please, inform if there is the system of monitoring for the turnover of 
alcoholic beverages and tobacco products in Türkiye?  
 
Answer:  Product Monitoring System (PMS) established by the Rev enue Administration is 
based on the principle of tracking produced and imported tobacco products, empty cigarette 
tube, rolling cigarette papers and alcoholic beverages through tax stamps, codes or coded 
labels by using technological means to reach taxpaye rs' tax bases in order to prevent tax 
losses and evasion and to ensure a fair and balanced distribution of the tax burden since 2007.  
 
25. Can the strip stamp be considered as element of control for production and turnover 
of alcoholic beverages and tobacc o products?  
 
Answer:  Product Monitoring System (PMS) is applied by the Revenue Administration to follow -
up the manufacturers and/or importer firms that operate in the tobacco products, empty 
cigarette tube, rolling papers and alcoholic beverages to ensure tax security.  
 
- Product Monitoring System with Banderol (BÜİS) has already been monitoring alcoholic 
beverages and tobacco products since 2007.  
- All imported, domestic and exported alcoholic beverages and tobacco products and are 
Directorate of Reven ue (GİB) in Türkiye and Turkish MINT (Darphane) operates the 
Product Monitoring System with Banderol (BÜİS) which was introduced in 2007 to cope 
with tax evasion and counterfeiting of alcoholic beverages and tobacco products.  
 
Domestic and imported tobacc o products, export cigarettes, cigarette papers, empty paper tubes 
for cigarettes, alcoholic beverages and beer  with a total of 10  billion  product per year.  
The System provides many advantages  such as;  
 
- Excessive tax revenue  
- Tax stamps with various overt and covert security features that not only protected the 
system against unauthori zed stamp replication but also enabled on -the-spot controls,  
- Establishing the tax stamp programme within the structure of Treadury and Finance 
Ministry  
- Extensive on -site inspections by Revenue Administration personnel with the help of 
other institutions  
 
26. What is the procedure of obtaining and affixing of such s tamps?  
 
Answer:  According to the "General Communiqué on the Implementation of Product 
Monitoring System for Tobacco Products, Macarons, Leaf Cigarette Papers and Alcoholic WT/TPR/M/439/Add.1  
 
- 192 - 
 
  Beverages", tax stamp orders of firms are sent for the Revenue Administration's appr oval. 
The Revenue Administration evaluates the tax stamp orders of the companies registered in 
the product tracking system within the framework of the principles specified in the 
Communiqué.  
First of all, an importer or a producer needs to submit their doc uments to able to register to 
the System.  
After registration, the importer or the producer orders tax stamp by creating an order within 
the System. The order needs to be approved by both Directorate of Revenue (GİB) and Turkish 
MINT (Darphane). After the approval and production processes, tax stamp is delivered to the 
importer or the producer.  
After being delivered, the stamps are applied to products either automatically or manually by 
the importers / producers. While applying the tax stamp, the stamp and product are matched 
by the System. Each tax stamp has a unique serial number which allows government bodies 
to track each product individually.  
 
27. Could Türkiye also clarify whether strip stamps are accounted?  
 
Answer:  The system provides online monitoring and management of tax stamps.  
6- Product Monitoring System with Banderol (BÜİS) plays an important role for the 
revenue of the excise tax. The System is up and running for 16 years to collect the 
excise tax and public health purposes.  
7-  
8- Directorate  of Revenue (GİB) personnel and law -enforcement officers do inspections 
throughout Türkiye to be able to fight against illicit trade and fraud with the help of 
Product Monitoring System with Banderol (BÜİS).   
 
4 TRADE POLICIES BY SECTOR  
4.1 Agriculture  
4.1.5 Agriculture policy  
Page 115 (Para 4.15)  
The Report informs that under the Instrument for Pre -Accession in Rural Development programmes, 
new EU -standard businesses have been developed in rural areas, such as growing and processing 
medicinal -aromatic pla nts, beekeeping, handicrafts, aquaculture, and rural tourism.  
 
Question:  
28. Ukraine would appreciate it if Türkiye could give an explanation how implementation 
of EU -standard businesses influenced rural development.  
 
Answer:  Since 2011, through IPARD supports, many enterprises have started to produce on 
EU standards by means of the projects submitted. In this way, productivity in the production 
area has increased considerably, losses in agriculture and animal husbandry have be en 
minimized and the potential for value -added products has increased significantly. This 
strengthening in production potential has helped reduce rural -urban migration. The additional 
employment created has increased household incomes.  
 
In addition, the I PARD Program encourages production by creating positive discrimination for 
youth, women entrepreneurs and cooperatives in their projects. This has been an incentive 
for disadvantaged areas and groups and enabled them to contribute to production. It has 
increased the potential of planned production by increasing the number of producer 
organizations.  
 
Page 115 (Para 4.16)  
Under the Report, the Ministry of Agriculture and Forestry (MAF) in partnership with the Food and 
Agricultural Organization of the United Nations (FAO) developed Türkiye`s National Strategy 
Document on Prevention, Reduction and Monitoring of Food Loss and Waste and its Action Plan in 
2019. The objectives of the policy are to develop a "sustainable and resilient food system" and "to 
contribut e to the sustainability of the global consumption and production agri -food system".  
 
Question:  
29. Could Türkiye, please, specify the key steps of Türkiye`s policy towards sustainable 
and resilient food system according to Türkiye`s National Strategy Docum ent on WT/TPR/M/439/Add.1  
 
- 193 - 
 
  Prevention, Reduction and Monitoring of Food Loss and Waste, developed in partnership 
with the FAO and the MAF?  
 
Answer:  According to "Food use -not-loss-or-waste hierarchy", the action plan is designed 
around four strategic goals:  
1) Prevent and reduce food loss and waste  
2) Food recovery and redistribution for direct human consumption  
3) Converting former foodstuffs to ani mal feed, without competing with recovery and 
redistribution for direct human consumption  
4) Recycle food loss and waste  
 
Around these four strategic goals almost hundred actions are defined and followed up to reach 
these goals. The English version of the  document is available below:  
https://www.tarimorman.gov.tr/ABDGM/Belgeler/Uluslararas%C4%B1% 20Kurulu%C5%9Fla
r/Save%20Your%20Food%20Strategic%20Document%20and%20Action%20Plan.pdf   
70% of the action plan is completed but as combatting with food loss and waste is a continuous 
activity, in each and every occasion i n the food chain MAF continues its implementation.  
 
PART II: QUESTIONS REGARDING THE REPORT  BY TÜRKIYE  (WT/TPR/G/439)  
2 CONSTITUTIONAL CHANGE TO PRESIDENTIAL SYSTEM AND THE NEW MINISTERIAL 
STRUCTURE THAT DEAL WITH ECONOMY AND TRADE  
 
Page 5 (Para 2.5)  
The Report mentions the Presidential Decree No.  59, which defines the task of determining and 
implementing the principles of the "National Technology Move" aimed at technological breakthrough.  
 
Question:  
30. Would Türkiye, please, provide more detailed inf ormation concerning technology -
oriented concept of Türkiye's industry development (legislative regulation, efficiency, 
problem issues, arisen due to its implementation, etc.)?  
 
Answer:  Policies that will increase Türkiye's global competitiveness and ensure breakthroughs 
in critical technologies that will ensure its economic and technological independence are 
structured in the "National Technology Move" approach. The first successful exam ple of this 
approach was the technology development projects implemented in the defence  industry. 
Defence  industry projects have increased the technology production ability of domestic 
suppliers, reduced costs and revealed product development capacity in a dvanced technologies 
such as unmanned aerial vehicles, missiles, radar systems and satellites. Gains from defence  
industry technology development projects and self -improving domestic suppliers set an 
example for the work of other sectors.  
 
Within the scope  of the National Technology Move, the Ministry of Industry and Technology 
takes measures, implements support and incentive programs, and carries out programs and 
projects to increase the competencies of people and companies on big data and artificial 
intelligence and to develop and disseminate smart applications based on these technologies.  
It supports and encourages activities carried out in this field in order to increase the production 
of science -based, national and unique high -tech products and systems,  contributes to the 
creation of the needed infrastructures and determines the procedures and principles regarding 
supports.  
 
Also, the Ministry of Industry and Technology's Technology Focused Industrial Initiative 
program is ongoing. KOSGEB Strategic Produ ct Support Program is being carried out within 
the scope of the Program.  
 
KOSGEB Strategic Product Support Program's objective is development of the technological 
production abilities of SMEs so that strategic products could be produced nationally. The 
Technology -Oriented Industry Initiative Program is a special program to concentrate the 
support and incentives provided by the Ministry of Industry and Technology and its affiliated 
institutions to the medium -high and high -tech sectors in order to increase va lue-added 
production. In this program support upper limit TYR 6 million, whereas TYR 1.8 million is 
non-reimbursable, TRY 4.2 million is reimbursable.  
 WT/TPR/M/439/Add.1  
 
- 194 - 
 
  In the framework of KOSGEB's support programs machinery -equipment, software expenses, 
staff costs, train ing and consulting costs are provided for SME's investment projects.  
 
3 ECONOMIC ENVIRONMENT  
3.3 Financial Sector Reforms  
 
 
Page 9 (Para 3.24)  
The Report informs that at the end of 2021 the Banking Regulation and Supervision Agency (BRSA) 
published the Sustainable Banking Strategic Plan (2022 –2025).  
Under Para 2.1 of the above -mentioned Plan, the lack of a green classification (taxonomy) for 
economic activities is the biggest institutional barrier for the country's effort to develop sustainable 
financing because of the non -existent possibility to mark assets/liabilities and financial instruments 
according to their recovery/sustainability and a li mited possibility to generate consistent and reliable 
data, as well as the complexity of doing proper assessment and analysis of financial risks related to 
climate change.  
At the same time, as envisaged by this Plan (Target 1.1, Action 1.1.1), active parti cipation in 
preparation of a national green taxonomy should be ensured by the end of 2023, under coordination 
of the BRSA in collaboration with the Ministry of Environment, Urbanization and Climate Change, the 
Central Bank of the Republic of Türkiye, the C apital Markets Board, the Banking Association of 
Türkiye and the Participation Banks Association of Türkiye.  
 
Questions:  
31. Would Türkiye, please, inform in what way the mentioned agencies and bodies 
cooperate in the process of developing and implementing a taxonomy; and what the areas 
of responsibility of each one of them are?  
 
Answer:  Under the Green Deal Action Plan published in 2021, the Ministry of Environment 
Urbanization and Climate Change is responsible institution for the development of the 
taxonomy. The BRSA, the Capital Markets Board, Energy Exchange Istanbul (EXIST) and other 
relevant agencies support the efforts of the Directorate of Climate Change.  
 
Since the basic aim of the taxonomy is to classify economic activity with environmental and 
sustainability goals, capital market stakeholders are potential users of a green finan ce 
taxonomy in case sustainable finance activities such as issuing ESG labelled bonds/debt 
instruments occur. Currently the Capital Markets Board has been included in formal technical 
working groups as well as the approval commission for the development an d taxonomy, and 
it participates as needed in consultations.  
 
In February  2022 the CMB has published the Guidelines on Green Debt Instruments, 
Sustainable Debt Instruments, Green Lease Certificates and Sustainable Lease Certificates. 
The Guidelines are bas ed on the Green Bond Principles of the International Capital Markets 
Association and they aim to ensure that issuance of green bonds, sustainable bonds, green 
sukuk and sustainable sukuk is conducted under best practices and standards applicable in 
interna tional markets, and to increase transparency, honesty, consistency and comparability 
in the financing of sustainable and green projects. In the absence of a formal national 
taxonomy, in defining eligible green projects, the Guidelines cite the following as  a non -
exhaustive list:  
 
- Renewable energy,  
- Energy efficiency,  
- Prevention and control of pollution,  
- Environmentally sustainable management of living natural resources and land use,  
- Conservation of terrestrial and aquatic biodiversity,  
- Clean transport,  
- Sustainable water and wastewater management,  
- Climate change adaptation,  
- Eco-efficient products, production technologies and processes, and/or products 
production Technologies and processes adapted to circular economy, and  
- Green buildings.  
 WT/TPR/M/439/Add.1  
 
- 195 - 
 
  The Guidelines also allow issuers to use internationally accepted taxonomies, especially the 
EU taxonomy. Once the Turkish taxonomy is published, it will replace the classification of 
eligible green projects in the Guidelines.  
 
32. What agency or body is respo nsible for developing and defining technical assessment 
and selection criteria for sustainable projects, including criteria for calculating carbon 
emission level?  
 
Answer:  The criteria for identifying sustainable projects will be determined by the supervisory 
authorities' own regulations until the national taxonomy comes into force. For example, 
sustainable projects financed by green bonds, are defined according to the "Guidelines on 
Green Debt Instruments, Sustainable Debt Instruments, Green Lease Certificates and 
Sustainable Lease Certificates" published by the Capital Markets Board. Additionally, the BRSA 
has prepared a draft Communiqué on "Green Asset Ratio" and a set of classification criteria in 
line with the EU taxonomy for the definition and classification of sustainable economic 
activities to determine green loans and other bank assets.  
 
33. Could Türkiye kindly share a list of legislative acts used for developing Türkiye's 
taxonomy?  
 
Answer:  The current and draft regulations in the BRSA's jurisdiction where the national 
taxonomy will be taken into account in banking activities are listed below:  
 
- Guidelines on Loan Origination and Monitoring Processes  
- Communiqué on Green Asset Ratio (Draft)  
- Guidelines on Effective Management of Climate -related Financial Risks by Banks (Draft)  
 
34. What are the roles of Türkiye's Government and Parliament in this respect?  
 
Answer:  The preparation of green taxonomy is being carried out by the Ministry of 
Environment, Urbanization, and Climate Change and taxonomy legislation is in its pre -draft 
stage. Taxonomy classifies green activities, it does not require mandatory implementation. On 
the other hand, green taxonomy should be in compliance with sustainability reporting 
standards, green bonds, banking guid elines, and similar documents. Therefore, taxonomy 
studies conducted in our country are coordinated with the private sector, public sector, finance 
sector and NGOs. The special commissions as well as the General Assembly of the Parliament 
will be involved as necessary with respect to enactment of legislation.  
 
4 TRADE POLICIES  
4.3 Türkiye – EU Relations  
4.3.2 Türkiye's Green Transition  
Pages 22 -23  
The Report describes efforts in green transformation and informs that Türkiye has been developing 
its own carbon gases trade system.  
 
Question:  
35. Could Türkiye, please, clarify if there are any plans to expand this system to cover also 
goods from third countries, similar to the EU's carbon border adjustment mechanism 
(CBAM) instrument?  
 
Answer:  Our country's Climate Law is in the legislative process. With the enactment of the 
Climate Law, a carbon pricing mechanism will be established in our country.  
 
  WT/TPR/M/439/Add.1  
 
- 196 - 
 
  UNITED KINGDOM  
Secretariat Report (S439)  
1 ECONOMIC ENVIRONMENT  
1.1 Main features of the economy  
Paragraph 1.6  
 
UK Question 1:  Please may Türkiye explain how not setting a coal phase out target and 
expanding domestic fossil fuel production will impact its ability to set ambitious climate 
change targets?   
 
Answer:  According to Türkiye National Energy Plan, in 2035, Coal power plants will reach an 
installed capacity of 24.3 GW. Electricity generation in coal -fired power plants will continue to 
decrease up to 2035.  
 
UK Question 2:  Please can Türkiye explain if it has included maximi zing its renewable 
energy potential in its new long -term National Energy Plan?  
 
Answer:  Türkiye tends to exploit its own natural resources, including coal reserves, in an 
environment friendly way possibl e. In that context, Türkiye plans on setting and acquiring  
effective climate change targets while utilizing domestic coal reserves in closing the national 
energy gap.  
According to Türkiye National Energy Plan, in 2035, Hydroelectric power plants will reach  an 
installed capacity of 35.1 GW. Wind power installed capacity will reach 29.6 GW and solar 
power installed capacity will increase to 52.9 GW. The installed capacity of geothermal and 
biomass power plants will reach 5.1 GW in total.  
 
Secretariat Report S 439 
1 Economic Environment  
1.3 Trade and Investment Performance  
1.3.3  Foreign direct investment  
Section  1.36 
 
UK Question 3:  Please could Türkiye share what sectors the PPP infrastructure projects 
are in and whether they are subject to investment incentives and/or governed by different 
laws?  
 
Answer:  The PPP model is frequently used in the realization of infrastructure investme nts in 
our country. We have a project portfolio in various areas such as health, transportation, 
energy, tourism, and the environment. The Build -Operate -Transfer ("BOT") and Build -Operate 
("BO") models have been among the most commonly used public -private -partnership ("PPP") 
models in Türkiye since the 1990s. The BO model, used exclusively for energy projects ,is 
governed under Law No 3096 whereas the BOT model governed under Law No 3996 has a 
wider scope. Both models enabled the construction and successful operation of a number of 
infrastructure projects including power plants and airports. The Build Lease Transfer model 
which is governed by Law No 6428 is used for PPP projects in the healthcare sector.  
 
"Investment incentives are regulated by the '2012/3305 Decree on State Aids for 
Investments.' The implementing body of this Decree is the Ministry of Industry and 
Technology. All investments eligible for an incentive certificate (including natural persons, 
ordinary partnerships, joint -stock companie s, cooperatives, associations, business 
partnerships, public institutions and organizations, professional organizations with the status 
of public institutions, associations, foundations, and branches in Türkiye of foreign companies 
abroad) can benefit from  investment incentives. In this context, PPP projects, as a qualified 
investment eligible for an incentive certificate under the mentioned Decision, can benefit from 
investment incentives.  
 WT/TPR/M/439/Add.1  
 
- 197 - 
 
  Secretariat Report (S439)  
2 TRADE AND INVESTMENT REGIMES  
2.1 Gener al framework  
Paragraph  2.10 
UK Question 4 : The report states that in February  2022 new provisions were brought to 
ensure the consultation and participation of governmental and non -governmental 
stakeholders is taken into account in the drafting of legislati on. Could Türkiye please 
clarify a) if consultations and responses to consultations will be made publicly available, 
b) if relevant stakeholders based outside of Türkiye are able to respond to consultations 
and c) what types of legislation require consulta tions with stakeholders while they're 
being drafted?  
 
Answer:  
a) It is clearly stated within the scope of the Regulation on the Rules and Procedures 
for Drafting Legislation that importance will be attached to consultations and 
participation in the preparation of the draft legislation and that the opinions of local 
administrations, universities, trade unions, public professional organizations, non -
governmental organizations regarding the draft legislation and additionally, the 
opinions of private sec tor stakeholders concerning the drafts related to the business 
and investment environment will be benefited from within this context. There are 
no mandatory or prohibitive provisions on whether the consultation processes and 
the opinions received within th is framework will be disclosed to the public or not. 
Therefore, it is possible to share the consultation processes with the public as per 
the assessment of the institution preparing the draft.  
 
b) There are no obstacles which preclude submission of comments b y the relevant 
stakeholders outside Türkiye on draft legislation.  
 
c) It is possible to conduct consultation processes for all draft legislation within the 
scope of the Regulation on the Rules and Procedures for Drafting Legislation. The 
definition of legisla tion includes codes, presidential decrees, presidential decisions, 
regulations and other regulatory acts.  
 
UK Question 5 : Please can Türkiye clarify when guidance on how to conduct Regulatory 
Impact Analysis (RIA) is expected to be issued?   
 
Answer:  "The Rules and Procedures on the Implementation of Regulatory Impact Analysis" 
was put into force by the Presidential Decision dated 3/6/2022 and numbered 5681. 
Additionally, "The Guide on How to Conduct Regulatory Impact Analysis" was published in 
Februar y 2023 and this guide can be accessed at " https://www.sbb.gov.tr/wp -
content/uploads/2023/03/Duzenleyici -Etki-Analizi -Rehberi.pdf".  
 
UK Question 6 : Please can Türkiye clarify what progress has been made on the 
implementation of Türkiye's amendment to the Regulation on Legislation Preparation 
Procedures and Principles decision (February  2022) and its impact on Regulatory  Impact 
Assessments, consultations and other elements of GRP? When will it be made accessible?   
 
Answer:  With the By -Law put into effect in 2022, the public institutions and organizations 
have been given the authority and duty to draft laws, Presidential d ecrees, regulations and 
other regulatory transactions. Article  26 of the same By -Law, titled "Regulatory impact 
analysis, imposes the obligation to conduct regulatory impact analysis for the draft laws and 
presidential decrees prepared by the relevant ministry or public institution and organization."  
The By -Law regulates the procedures and principles regarding draft laws or presidential 
decrees for which the regulatory impact analysis will be prepared, the elements to be included 
in the regulat ory impact analysis, the principles regarding the preparation of the regulatory 
impact analysis and other issues will be prepared by the Presidency of Strategy and Budget 
and determined by the President.  
 
In this context, the Regulatory Impact Analysis Department was established within the scope 
of the Presidency of Strategy and Budget in March  2022. Subsequently, on 4 June 2022, the 
Procedures and Principles Regarding the Implementation of Regulatory Impact Assessment 
came into force by being p ublished in the Official Gazette.  WT/TPR/M/439/Add.1  
 
- 198 - 
 
   
In February  2023, Guide for Regulatory Impact Analysis was prepared and released. As of 
November  2023, for nearly 100 laws and presidential decrees, regulatory impact analysis 
processes have been implemented to be used in  the legislation process. With the Procedures 
and Principles, qualitative analysis and consultation with shareholders is compulsory for above 
some defined budget burden threshold value. The policymakers can have a systematic and 
analytical understanding of  the potential outcomes and impacts of the laws and Presidential 
decrees on public, economy, social life, related sectors and environment with the help of 
methods described in the Procedures and Principles.  
 
Moreover, institutional capacity for preparing regulatory impact analysis has been improving 
in public institutions. In this respect, several training sessions have been held for public 
institutions.  
 
UK Question 7 : The report states that "Under Article 26 of the Regulation, the preparation 
of a regula tory impact analysis (RIA) for draft laws and presidential decrees is 
envisaged".  Is it possible to share what proportion of laws Türkiye aims to subject to 
RIAs?  
 
Answer:  Regulatory impact assessment process is to be carried out for all laws and 
presidential decrees which have been prepared by public institutions. Regulatory impact 
assessment is not required only on the arrangements to be made in situations such as state 
of war, natural disaster, dangerous epidemic disease, severe economic crisis or acts of 
violence to disrupt public order, budget and final accounts law proposals, and draft laws 
regarding the approval of international agreements.  
 
UK Question 8: Please may Türkiye also clarify on which regulations it conducts RIAs?   
 
Answer:  In our  legislative system, with the amendment of the Regulation on Legislation 
Preparation Procedures and Principles in February  2022, the regulatory impact analysis has 
been introduced as a governance tool that systematically examines the potential benefits and  
costs, as well as the positive and negative effects of existing and forthcoming regulations. The 
regulation introduced an obligation for public institutions and organizations to conduct 
"regulatory impact analysis" for draft  laws and presidential decrees prepared by them. 
Subsequently, in June  2022, the Procedures and Principles for the Implementation of 
Regulatory Impact Analysis were put into effect, providing detailed regulations on how 
"regulatory impact analysis" should be carried out. Furthermore, in  February  2023, a 
comprehensive guidance was made available to the public in order to increase awareness and 
strengthen institutional capacity on RIA. During this process, with the central coordinating role 
of the Presidency of Strategy and Budget, regulat ory impact analyses have been conducted in 
nearly 100 laws and presidential decrees as of November  2023.  
 
UK Question 9: Could Türkiye please give an outline of its approach to transparency – 
including publication of regulations online and in English?   
 
Answer:  Türkiye has a website "https://www.mevzuat.gov.tr" where legislation is kept up -
to-date and published online. All general regulatory acts (codes, presidential decrees, 
presidential decisions, regulations, presidential circulars and communiqués) publ ished in the 
Official Gazette are published on this website. The issue of which regulations will be published 
in the Official Gazette is stated in the fourth article of Presidential Decree No.  10. These are; 
codes, Bylaw of the Grand National Assembly of T ürkiye, the decisions of the Grand National 
Assembly of Türkiye requested by the Presidency to be published in the Official Gazette, 
international agreements and conventions, presidential decrees, presidential decisions and 
circulars considered appropriate  to be published in the Official Gazette by the Presidency of 
the Republic of Türkiye, and regulations (regulating the provisions regarding cooperation, 
areas of authority and duties, comprising general provisions regarding civil servants and 
regulations w hich are related with the ) specified in the Law No.  3011 dated 24  May 1984 on 
the Regulations to be Published in the Official Gazette.  
Legislation is only available in Turkish at "https://www.mevzuat.gov.tr".  
 WT/TPR/M/439/Add.1  
 
- 199 - 
 
  Secretariat Report (S439)   
2 TRADE AND INVESTMENT REGIMES   
2.3  Trade agreements and arrangements   
2.3.2  Regional and preferential trade agreements   
2.3.2.1 Regional trade agreements   
Paragraph  2.21  
 
UK Question 10 : The Secretariat Report notes that Türkiye ratified or approved trade and 
econo mic cooperation agreements with several countries. These agreements 
strengthened cooperation on specific areas including SME development. Can Türkiye 
please provide information on their cooperation (or planned cooperation) with partner 
countries on SME dev elopment and reflections on its success, and detail how it supports 
its SMEs to take advantage of RTAs?   
 
Answer:  SME related provisions are mostly regulated under Cooperation Chapters of Türkiye's 
FTAs. In order to promote business and investment opportunities between SMEs; provisions 
related to exchange of information on related areas, collaboration in assisting capacity 
building, and cooperation between Chambers are provided. There are also SME provisions in 
Customs and Trade Facilitat ion Chapters, in order to support SMEs in the areas advance ruling 
and trade facilitation measures for authorised operators.  
 
On the other hand, bilateral investment treaties aim to create a predictable investment 
environment so that the ultimate goal is t o increase bilateral investment flows between 
countries. However, those agreements do not focus on company sizes,  so they don't 
specifically refer to SMEs or SME development.  
 
UK Question 11: The secretariat report notes that "Most of Türkiye's RTAs cover  goods 
only, with services provisions and commitments contained only in the recent RTAs with 
Bosnia and Herzegovina, Montenegro, Serbia, the Republic  of Korea , Singapore, and the 
modernized RTA with EFTA.". Is Türkiye able to provide further information on  its 
ambitions for services provisions in trade policy more broadly?   
 
Answer:  We have several aims and ambitions with respect to trade in services negotiations;  
- eliminating existing trade barriers,  
- creating new markets and opportunities through new collab orations,  
- locking at least the current market situation,  
- provide transparency and predictability through good governance principles.  
 
Some of the areas and service sectors that we see an untapped potential are:  
- facilitation of movement of businesspersons  
- disciplines on domestic regulation  
- transport (all modes) and logistics services,  
- health and related services,  
- education services,  
- construction , engineering and architectural services,  
- audio -visual services  
- rules of trust building in e -commerce.  
 
Secretariat Report (S439)  
2. Trade and Investment regimes  
2.4. Investment regime  
2. Investment incentive schemes  
Paragraph  2.39 and Table  2.3 
 
UK Question 12: Could Türkiye please clarify whether foreign businesses operating in 
Türkiye are eligible for its  investment incentive schemes, such as the Technology -
Orientated Industry Move Program (TFIMP)?   
 
Answer:  National treatment is the key principle of Turkish FDI Law No.  4875. In this context, 
international investors have the same rights and obligations with the local investors. Once 
those international investors are registered, they are fully regarded as "local investors". So, 
there is no any direct or indirect obstacle again st the international firms with regards to WT/TPR/M/439/Add.1  
 
- 200 - 
 
  accessing investment incentives. Moreover, we have not received any complaints from 
international investors claiming that they have not accessed to the investment incentives 
properly.  
 
UK Question 13: Could Türki ye please clarify which sectors or activities are covered under 
"certain listed areas" for its Priority Investment Incentive Scheme?   
 
Answer:  Sectors listed in the Priority Investment Incentive Scheme are:  
· Pharmaceuticals,  
· Office, accounting and computing  machinery,  
· Radio, TV and communications equipment,  
· Medical, precision and optical instruments,  
· Aircraft and spacecraft  
· Investments to manufacture products as an outcome of the R&D  
· Defence  Industry Investments  
· Test center  investments for products in the medium  high and high -tech industry  
· Specific automotive and engine manufacturing investments  
· Mining and Mine -Exploring Investments  
· Education Investments  
· Energy efficiency investments  
· Investments made to generate electricity through waste heat recovery  
· Liquefied natural gas (LNG) investments and underground gas storage investments  
· Investments made to generate electricity from coal  
· Investments of carbon fiber or the composite materials made from carbon fiber  
· Railroa d transportation investments  
· Maritime transportation investments  
· Tourism investments in Cultural and Touristic Preservation and Development Regions and 
thermal tourism investments  
· Licensed warehousing investments  
· Investments made to manufacture turbines an d generators for renewable energy and 
wind turbine wings for wind power.  
· Integrated investments for aluminium flat products using direct chill slab casting and hot 
rolling methods  
· Medium -high technology investments amounting to a minimum TRY 500 million  
· Nuclear power plant Investments  
· Qualified laboratory investments  
· Airline transportation investments  
· Greenhouse investments based on automation with a minimum of TYR 5 million, 25 
decares and domestic spare parts  
· Investments in the production of software and information products to be made in 
specialized free zones  
· Investments subject to Environmental License within the scope of Environmental Permit 
and License Regulation  
· Elderly and Disabled care centers and wellness investments  
· R&D and environmental investme nts 
· Manufacturing electric or hydrogen -powered transportation vehicles  
· Data center investments that meet the minimum white space requirement of 5,000  m² 
· Tourism investments in Cultural and Touristic Preservation and Development Regions and 
thermal tourism investments  
· Investments in the production of software and information products to be made in 
specialized free zones  
· Investments within the scope of the Digital Transformation Support Program  
· Investments within the scope of the Green Transformation Support Program  
· Carrier columns and transmission columns from vulcanized rubber  
· Investments subject to Environmental License within the scope of Environmental Permit 
and License Regulation  
 WT/TPR/M/439/Add.1  
 
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  Secretariat Report (S439)  
2 Trade and Investment Regimes  
2.4 Investment Regime  
2.4.2 Investment policy and promotion  
Section  2.33 
 
UK Question 14:  Could Türkiye please share information on whether the Foreign Direct 
Investment Law No.  4875  is likely to be updated in the next 5 years, and what sectors will 
be affected?  
 
Answer:  Türkiye continues to have a liberal approach in terms of its FDI policy a lthough 
protectionist  measures are rising globally. The priority of Türkiye is to protect both our local 
and international investors while making any legislative changes.  
 
UK Question 15:  Please can Türkiye clarify what roles regulatory bodies in Türkiye play in 
the restriction of foreign investment?   
 
Answer:  Restricting FDI in critical sectors is a global phenomenon, where we can observe in 
both developed and developing countries. We believe that it is much more important to sustain 
transparency on this matter. According to our FDI Law, restrictions on FDI can only be made 
with a specific reference in a law. So, it is not possible to make a restriction by regulations or 
decrees according to Turkish administrative structure.  
  
All the sectors referred to in the question have some ties with the security concerns. According 
to the OECD FDI Restrictions Index, Türkiye's FDI restrictions are lower than the OECD 
average. No further liberalization is foreseen in the near future for the areas where foreign 
equity participation is restricted or prohibited.  
 
UK Question 16:  Please can Türkiye clarify if it has any intention to open any of the 12 
restricted sectors further to foreign investment or as PPP projects?   
 
Answer:  First of all, restricti ng FDI in critical sectors is a global phenomenon where we can 
observe in both developed and developing countries. We believe that it is much more 
important to sustain transparency on this matter. According to our FDI Law, restrictions on 
FDI can only be m ade with a specific reference in a law. So, it is not possible to make a 
restriction  by regulations or decrees according to Turkish administrative structure. All the 
sectors referred  in the question have some ties with the sovereign rights and we are expecting 
from the member countries to respect Türkiye's sovereign rights. Moreover, once Türkiye's 
FDI restrictions are analysed  according to the OECD FDI Restrictions Index, the overall  level 
of restrictions are lower than the OECD average. We do not foresee any liberalization in the 
near future for the areas where foreign equity participation is restricted or prohibited.  
 
UK Question 17:  Please can Türkiye clarify if it has any intentio ns of implementing an 
investment screening process in the future?   
 
Answer:  Türkiye has one of the most liberal and welcoming FDI Laws in the world. The main 
principles of this law rely on investment freedom. In an international setting where various 
count ries have fastened to implement policies with regards to the screening mechanisms with 
the rising concerns over national security especially after the C OVID -19 pandemic, Türkiye 
still continues to have a liberal approach on this topic.  
 
Secretariat Report (S439)  
2 Trade and Investment Regimes  
2.4 Investment Regime  
2.4.2 Investment policy and promotion  
Section  2.36 
UK Question 18:  Could Türkiye please provide an update on the state of play of the law on 
the protection of private sector investments?  
 
Answer:  There is currently no active process to enact a law on the "protection of private 
sector investments to enhance the predictabi lity in investments, reduce red tape, and offer 
solutions to issues encountered during the investment process".  WT/TPR/M/439/Add.1  
 
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UK Question 19:  Under Türkiye's New Economic Reform Package, a new system for the 
protection of Private Sector Investments will be introduced. Please can Türkiye provide 
more detail of what this will entail and how it will interact with Türkiye's Foreign Direct 
Investmen t Law which also includes investor protection?   
 
Answer:  The framework law on the protection of private sector investments would offers a 
number of potential benefits to Türkiye, including:  
- Enhanced predictability and transparency in the investment environ ment:  The 
law would require public institutions to establish investment coordination units and 
make draft legislation available to the public on a centralized website. This would help 
investors to better understand the investment process and reduce the ris k of 
unexpected surprises.  
- Reduced regulatory burden:  The law would also require investment coordination 
units to expedite the issuance of permits and licenses. This would help to streamline 
the investment process and make it easier for businesses to inves t in Türkiye.  
- A rapid and efficient mechanism for resolving disputes between investors and 
public authorities:  The law would establish the Investment Disputes Authority, whose 
decisions would be binding. This would provide investors with a quick and reliab le way 
to resolve disputes with public authorities.  
 
However, the study to implement this framework law has not been finalized and the process 
has been put aside. Instead, there has been some other reforms implemented to meet the 
motivation of this framewo rk law. For instance, the Presidential Decision No.  31760, 
promulgated on 24 February  2022, contains provisions on regulatory impact analysis and 
regulates the procedures for obtaining the opinions of public institutions, professional 
organizations, and non -governmental organizations on draft legislation. This presidential 
decision is an important step in improving the quality of regulation in Türkiye and could help 
to increase predictability of the investment environment by ensuring th at new regulations are 
necessary, effective and efficient, and by making it easier for public institutions to obtain 
feedback on draft legislation from all stakeholders.  
 
Besides, the establishment of specialized courts in the Turkish judicial system, anot her area 
of reform, has enhanced transparency and predictability in the investment landscape. These 
courts, staffed by judges and prosecutors with specialized knowledge in a particular area of 
law, facilitate faster and more efficient judicial processes, r esulting in more accurate decisions. 
Specialized courts play a particularly vital role in complex and technical cases, such as 
cybercrime, consumer complaints, expropriation cases, and financial disputes, contributing to 
a more efficient and effective judi cial process.  
 
With the help of the implementation of certain reforms within the context of annual action 
plans based on the World Bank's Ease of Doing Business Index, the business and investment 
environment of Türkiye become more competitive, predictable and transparent. These plans 
have led to a number of reforms, such as:  
-  Reducing the cost and time of company establishment procedures  
-  Improving the company liquidation processes  
-  Improving the building permit processes provided by municipalities  
-  Reducing various costs related to foreign trade transactions  
-  Accelerating land registry procedures  
- Facilitating infrastructure permit processes such as telecommunications infrastructure 
permits  
-  Simplifying commercial registry proc edures  
 
The need for enacting a framework law on the protection of private sector investments has 
diminished as a result of aforementioned reforms. These reforms have already made 
significant progress in enhancing predictability, reducing red tape, and off ering solutions to 
issues encountered during the investment process.  
 WT/TPR/M/439/Add.1  
 
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  Secretariat Report (S439)  
2 Trade and Investment Regimes  
2.4 Investment Regime  
2.4.2 Investment policy and promotion  
 
Section  2.40 
UK Question 20:  If the use of investment schemes varies each year, please can Türkiye 
clarify if it provides investors with a) forewarning of the change, b) guidance on how to 
apply for the new scheme, and c) enough time to apply?  
 
Answer:  The investment incentive system backbone remains steady, only fin e tunings and 
forthcoming or pop -up development needs are addressed in amendments without a regular 
schedule.  
Application procedures are all available on the website of the Ministry of Industry and 
Technology with guideline documents.  
 
The investment incentive system has no time limitations for investors to apply. An investor 
enjoys the privileges as drawn in the up -to-date incentive act. Only exceptional measures 
such as earthquake renovation etc applications were taken in a limited tim e period.  
 
UK Question 21: Could Türkiye please explain why most of the beneficiaries to the General 
Investment Scheme and the Regional Investment Scheme are largely domestic investors?  
 
Answer:  National treatment is the key principle of Turkish FDI Law N o. 4875. In this context, 
international investors have the same rights and obligations with the local investors. Once 
those international investors are registered, they are fully regarded as "local investors". So, 
there is no direct or indirect obstacle against t he international firms with regards to accessing 
investment incentives.  
 
On the other hand, it is obvious that the number of Turkish investors investing in the Turkish 
market outweighs the number of international investors. This might be the reason why th e 
number of investment incentive certificates published for local investors is much more than 
the ones that published for international investors. Moreover, we have not received any 
complaints from international investors claiming that they have not access ed the investment 
incentives properly.  
 
Secretariat Report (S439)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures directly affecting imports  
3.1.4  Other charges affecting imports  
3.1.4.2 Special Consumption Tax  
Paragraph  3.42.  
 
UK Question 22: Please can Türkiye clarify if there any plans to amend or exempt the SCT 
rates for electrified vehicles?  
 
Answer:  Special consumption tax is levied at the rates and/or amounts as shown in the lists 
attached to the SCT Law No.  4760. 
 
For passenger cars in the list (II), those with conventional engines (petrol/diesel) are subject 
to SCT at rates ranging from 45% to 220% based on the engine cylinder volume and special 
consumption tax base (the tax -free price of the vehicle).  
 
Pursuant to "Decision on Re -determination of Special Consumption Tax (SCT) Bases of Certain 
Goods on the basis of SCT Rates" No 6885 published in the Official Gazette dated 
3 March  2023 and numbered 32121, stated in the 2nd list attached to the SCT Law No.  4760 
in order to promote the pur chase of electric vehicles with 87.03 H.S. number, SCT rates are 
set according to tax base and electric motor power as follows:  
 
- Vehicles with 160  kW or less electric motor power; 10% for those of which SCT base (sales 
price excluding taxes) does not ex ceed 1.250.000 TL, 40% for those of which SCT base 
(sales price excluding taxes) exceeds 1.250.000 TL.  WT/TPR/M/439/Add.1  
 
- 204 - 
 
  - Vehicles with electric motor power more than 160  kW; 50% for those of which SCT base 
(sales price excluding taxes) does not exceed 1.350.000 TL, 60% f or those of which SCT 
base (sales price excluding taxes) exceeds 1.350.000 TL.  
 
In this way, it has been ensured that the vehicles in the tax brackets subject to the regulation 
are taxed at a lower rate.  
 
Secretariat Report (S439)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures directly affecting import  
3.1.4  Other charges affecting imports  
3.1.4.2  Special Consumption Tax  
Paragraph  3.43  
 
UK Question 23 : Could Türkiye please outline whether an assessment has been made by 
the Turkish government on the impact high excise duties have on trade in illicit counterfeit 
spirits?   
 
Answer:  In all policy making processes, Türkiye monitors all aspects.  
 
UK Question 24: Could Türkiye please clarify if it plans to harmoni ze Special Consumption 
Tax payment conditions for imported and domestic spirits? If yes, when will this 
harmoni zation happen; if no, why not?  
 
Answer:  Special Consumption Tax is collected at the import stage for the import of vehicles 
that are not subject to registra tion and registry in list (II), tobacco products and alcoholic 
beverages in list (III), durable consumer goods and other goods in list (IV) annexed to the 
Special Consumption Tax Law No.  4760. 
 
This practice mainly stems from the structure of the indirect tax system applied in Türkiye and 
the existing legal regulations. As a matter of fact, in Value Added Tax, which is another indirect 
tax, taxation is levied at the stages of importation and domestic delivery.  
In addition, pursuant to the provisions of the aforementioned Law, SCT is calculated and 
collected at the same time with the customs duty for imports subject to customs duty and 
SCT is calculated and collected as of the date of registration of the declaration or other 
documents accepted in accordance w ith the customs legislation for imports not subject to 
customs duty.  
 
Therefore, SCT is collected in the import of goods subject to customs duty within the 
framework of the procedures and principles subject to customs duty.  
In addition, no provision in the  SCT legislation of our country allows for the postponement of 
the goods in question until the final consumption stage, similar to the tax warehousing or 
postponement practice in the European  Union  legislation for the movement of the goods within 
the Union . This situation is valid not only for imported goods but also for domestically 
manufactured goods, and regardless of whether the delivered goods are acquired for 
consumption or trade, they must be declared and paid by the manufacturers or importers 
within  the specified periods.  
 
Therefore, there is no tax discrimination between domestically produced alcoholic beverages 
and imported ones.  
 
Secretariat Report (S439)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1. Measures directly affecting imports  
3.1.7 Other measures affecting imports  
3.1.7.1 Local content measures  
 
UK Question 25: Can Türkiye please explain if it has plans to reduce local content 
requirements in sectors such as offshore wind and hydrogen technologies?  
 
Answer:  There is no change foresee n at the time being.  
 WT/TPR/M/439/Add.1  
 
- 205 - 
 
  Secretariat Report (S439)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures directly affecting imports  
3.1.7 Other measures affecting imports  
3.1.7.1 Local content measures  
 
Paragraph  3.66 
UK Question 26:  Can Türkiye please expl ain what its timeline is for implementing the WTO 
decision on forced pharmaceutical locali zation measures?   
 
Answer:  Turkish Medicines and Medical Devices Agency issued an announcement on 
18 April 2023 stating that "Transition from Import to Manufactured Products Project" had been 
terminated. Türkiye is currently in compliance with its WTO obligations.  
Secretariat Report (S439)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.2 Export prohibitions, restri ctions, and licensing  
3.2.3  Taxation and Incentives  
 
Paragraph  3.2.3.1  
UK Question 27 : Can Türkiye please confirm if the temporary ban on exports of olive oil, 
beans, and lentils from 26  February  2022 until end -2022, and exports of soyabean oil, 
sunflower seed oil, vegetable fats and oils, and margarine from 9  March  2022 until end -
2022, have been lifted?  
 
Answer:  As stated in the Report.   
"A temporary ban on the exports of olive oil, beans, and lentils from 26  February  2022 until 
end-2022 issued by the Ministry of Agriculture and Forestry. Export restrictions on olive oil 
were removed on 7  July 2022. 
A temporary ban on the exports of soyabean oil, sunflower seed oil, vegetable fats and oils, 
and margarine from 9  March  2022 until end-2022 issued by the Ministry of Agriculture and 
Forestry. Restrictions on soybean oil, vegetable fats and oils, and margarine were lifted by 
29 August  2022."  
 
On the other hand, with the notification published in the Official Gazette dated 8  March  2023 
and numbered 32126, the Communiqué numbered 2022/1 was abolished. Currently, the 
Ministry of Commerce has the authority to make export regulations regarding the mentioned 
products.  
 
Secretariat Report (S439)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.2 Measures directly affecting exports  
3.2.3 Export prohibitions, restrictions, and licensing  
Paragraph  3.76.  
 
UK Question 28: Can Türkiye please explain how it is addressing delays in Good 
Manufacturing Practice (GMP) inspection and regulatory ap proval?  
 
Answer:  The GMP inspection system conducted by Türkiye is aligned with the EU and our 
relevant authorities are constantly increasing their capacity for addressing delays that may be 
encountered during the process.  
 
Secretariat Report S439  
3. Trade  policies and practices by Measure  
3.3. Measures affecting production and trade  
3.3.1. Incentives  
3.3.1.1 Introduction  
Paragraph  3.02 
 
UK Question 29 : Could Türkiye please clarify whether it has implemented any measures 
to regulate the provision of investment incentives and subsidies to its services sectors, 
and how these measures are enforced at both the central and regional / local levels?   
 WT/TPR/M/439/Add.1  
 
- 206 - 
 
  Answer:  Services sector investments can enjoy investment incentives as any other sector 
deemed essential for  development goals. General and regional incentive schemes apply to 
service investments while projects with high socioeconomic value -added such as hospitals, 
schools and licensed warehouse investments can receive priority incentive tools (5th region) 
regar dless of the location of the Project.  
 
Secretariat Report (S439)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures affecting production and trade  
3.3.1 Incentives  
3.3.1.1  Introduction  
Paragraph  3.91 
UK Question 30: Can Türkiye please provide an update as to when their legal framework 
on the control of state aid will be operational?  
 
Answer:  The works on the secondary legislation are in progress.  
 
Secretariat Report (S439)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production  and Trade  
3.3.1  Incentives  
3.3.1.3  KOSGEB support schemes  
Paragraph  3.97 
 
UK Question 31 : The report states that "Over the review period, KOSGEB also digitalized 
all support processes, implemented a monitoring and evaluation system for its support 
programmes, and established a KOSGEB e -Academy to give free -of-charge 
entrepreneurship trainings".  Could Türkiye please clarify if all, or some, support schemes 
available online? If so, which ones? And what information resources are available to 
businesses ?  
 
Answer:  The aim of KOSGEB Entrepreneurship trainings is to increase the knowledge and 
skills of entrepreneurs in establishing, developing and running a business. KOSGEB Online 
Entrepreneurship Training Program is provided free of charge as a prerequisi te to benefit from 
KOSGEB Entrepreneurship Supports. Two different training programs were modelled  according 
to the support program to be applied. If the entrepreneur is going to apply for the Traditional 
Support Program, he must complete the Traditional E ntrepreneurship Training consisting of 
eight modules. Traditional Entrepreneurship Training, designed for entrepreneurs who plan to 
take part in service sectors, covers the following topics;  
1- Basic concepts in entrepreneurship  
2- Entrepreneurial opportun ities and creating/developing ideas  
3- Feasibility analysis  
4- Business models, customers, value propositions and revenue sources  
5- Economy, industry, competition and customer analysis  
6- Legal background  
7- Ethical foundations of the enterprise  
8- Market ing principles and management  
 
Entrepreneurs who will operate in the field of manufacturing should complete the Advanced 
Entrepreneur Training, which consists of eight different modules, together with the Traditional 
Entrepreneurship Training. Advanced Entrepreneur Education is offered to cover the following 
topics:  
1- Networking  
2- Determination and management of the financial structure of the enterprise  
3- Access to financial resources for new ventures  
4- Innovation management  
5- Intellectual property rights  
6- Professional management of enterprise and strategic management in SMEs  
7- Management of the growth process and growth strategies  
8- Developing a business plan  
 WT/TPR/M/439/Add.1  
 
- 207 - 
 
  Information about entrepreneurs who have completed KOSGEB Entrepreneurship Training and 
received a certificate to date i s summarized below. 44% of those receiving entrepreneurship 
training are women.   
 
UK Question 32 : Could Türkiye please outline what challenges KOSGEB helps Turkish SMEs 
overcome when trying to trade internationally?   
 
Answer:  KOSGEB designs the support it offers to SMEs within five -year strategic plans. During 
the preparation phase of the strategic plan in question, the opinions and suggestions of SMEs 
are taken through an external stakeholder survey.  
 
Secretariat Report S439  
3. Trade policies and practices by Measure  
3.3. Measures affecting production and trade  
3.3.1. Incentives  
3.3.1.4. WTO notifications on subsidies  
Paragraph  3.98.  
 
UK Question 33 : Could Türkiye please clarify what domestic mechanisms it has in place to 
implement and enforce its subsidy obligations under the Agreement on Subsidies and 
Countervailing Measures, both at the central and regional/local levels?  
 
Answer:  Türkiye is preparing its biannual full and new subsidies notifications for submitting 
it to the SCM Committee under th e coordination of the Ministry of Trade. Under this practice, 
the subsidies applied throughout all governmental agencies are being reviewed by the relevant 
agencies according to the SCM Agreement.  
 
Secretariat Report S439  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures affecting production and trade  
3.3.1 Incentives  
3.3.1.4 WTO notifications on subsidies  
Paragraph  3.99 
 
UK Question 34: Can Türkiye please clarify if it is continuing its subsidy on marine fuels 
and is it looking to subsidi ze alternative sources of energy for marine transportation?  
 
Answer:  The Green (Sustainable) Scenario was taken as a basis for the Transport and 
Logistics Master Plan and sustainability is an important issue for all sub -sectors of transport 
in the P lan. 
 
Secretariat Report (S439)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures affecting production and trade  
3.3.2 Standards and other technical requirements  
3.3.2.1 Legal and institutional framework  
Paragraph  3.102  
 
UK Question 35 : Can Türkiye pl ease provide an overview of how other WTO members 
engage and participate in the work being conducted by the Halal Accreditation Agency?  
 
Answer:  Since the demand for halal experiences is in a surge,  it is imperative to establish a 
reliable halal certification system operating at a global level for the consumer to be able to 
trust the products and services claiming to be halal and for the internatio nal trade of these 
products to continue increasingly free from technical barriers.  Within this context, the Halal 
Accreditation Agency of Republic of Türkiye (HAK) was established in 2018 to operate in the 
field of halal accreditation in Türkiye and global ly.  
 
The HAK evaluates the accreditation applications in accordance with the international 
OIC/SMIIC halal standards (which are prepared by The Standards and Metrology Institute for 
Islamic Countries/SMIIC, an affiliated body of the Organization of Islami c Cooperation/OIC), WT/TPR/M/439/Add.1  
 
- 208 - 
 
  other technical requirements mentioned in these standards and normative guidelines carefully 
prepared by the HAK and grants accreditation to the ones which fulfilled these requirements.  
 
In addition to accreditation services, the HAK as  a member of SMIIC's Accreditation Council, 
contributes to efforts on establishing a mutually recognized halal accreditation mechanism 
among OIC countries, within the scope of OIC/SMIIC Standards. Within this framework, HAK 
supports the recently establishe d Islamic Forum for Halal Accreditation Bodies (IFHAB), a new 
international mechanism which will serve as an umbrella institution for halal accreditation 
bodies with the goal of mutual recognition of halal certificates.  
 
Secretariat Report (S439)  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures affecting production and trade  
3.3.2 Standards and other technical requirements  
3.3.2.6 Labelling requirements  
Paragraph  3.114  
 
UK Question 36: Can Türkiye please explain if a decision been made over whether to grant 
a transition period for the implementation of Türkiye's energy labelling regulations?  
 
Answer:  Transition measures are set out in Article  17 of the Regulation on Framework for 
Energy Labelling published in the Official Gazette on 2 March  2021. The transition period of 9 
months is the same as the transition period defined in Article  20 of the EU legislation. Since 
the delegate acts for the products covered by this article were published on 21 March  2021, 
the transitional measures are no long er valid.  
 
Secretariat Report (S439)   
3    TRADE POLICIES AND PRACTICES BY MEASURE   
3.3   Measures affecting production and trade   
3.3.2   Standards and other technical requirements   
3.3.2.6 Labelling requirements   
Paragraph  3.115    
 
UK Question 37 : Can Türkiye please explain what steps have been taken to ensure it is 
meeting it's WTO notification obligations for new or revised labelling requirements?   
 
Answer:  The product safety legislation containing labelling requirements, implemented in our 
country is  mostly harmonized with the EU legislation. The transposed EU legislation is explicitly 
referred in the harmonized regulation. Türkiye is making its TBT notifications on all measures 
which it considers falling under this category. Ministry of Trade has a n otification website to 
inform the stakeholders about the WTO notifications on TBTs.  
 
Secretariat Report (S439)   
3   TRADE POLICIES AND PRACTICES BY MEASURE   
3.3  Measures Affecting Production and Trade   
3.3.3  Sanitary and phytosanitary requirements   
Paragraph  3.3.3.1    
 
UK Question 38 : The UK notes Türkiye's coverage of animal welfare in Law No.  5996  on 
Veterinary Services, Plant Health, Food and Feed. Could Türkiye please describe the 
animal welfare outcomes that have been observed, or are anticipated, following 
implementation of this law and the associated regulations on the welfare and protection 
of animals during their transportation?   
 
Answer:  Law No.  5996 was published on 13 June 2010. Following this legislation; general 
provisions on the welfare of farm animals, minimum standards on the protection of calves, 
minimum standards on the protection o f laying hens, minimum standards on the protection 
of broiler chickens, enriched cage systems of the regulation on the protection of laying hens 
and regulations on the welfare and protection of animals during their transportation were 
issued.  
 WT/TPR/M/439/Add.1  
 
- 209 - 
 
  The provisi on of the Regulation on the protection of laying hens regarding enriched cage 
systems will enter into force on 1 January  2026, and the provisions to be applied for 
alternative systems will enter into force on 31 December  2025.  
 
In order to ensure animal welfare during long journeys, the construction of two resting stations 
(in Burdur and Gaziantep provinces) has been comple ted. 
  
Secretariat Report (S439)   
3 TRADE POLICIES AND PRACTICES BY MEASURE   
3.3 Measures affecting production and trade   
3.3.3.4  WTO, regional, and bilateral agreements   
Paragraph  3.130   
 
UK Question 39:  The UK recogni zes that there is demand from Turkish  industry to import 
UK sheep breeds, mainly as embryos, but also as live animals. Could Türkiye please help 
the UK to understand the factors that are holding back this request?   
 
Answer:  Sheep and goat imports are not considered appropriate due to Scrapie Disease.  
 
UK Question 40: A number of issues were raised at the last TPR, and Türkiye still has a 
number of restrictions on the import of foods, such as poultry, due to no Export Health 
Certificates - will Türkiye be able to consider allowing UK po ultry imports soon? There are 
also ongoing restrictions by Türkiye on import of UK Beef – will Türkiye also consider 
lifting these restrictions?   
 
Answer:  As a result of the on -site inspection carried out by the experts of Ministry, 
segmentation was made. Türkiye is currently importing hatching eggs from the 
United  Kingdom . 
 
Regarding the import of beef to Türkiye; "Country and establishment approval procedure for 
beef imports is as follows:  
Within the framework of the Regulation on Special Hygiene Rules fo r Food of Animal Origin, 
imports of animal -origin food subject to veterinary controls upon entry from permitted 
countries and establishments according to the Regulation Determining Special Rules for the 
Official Control of Food of Animal Origin are allowed  if they meet the conditions in the 
veterinary health certificate and other documents.  
 
A questionnaire is sent to countries requesting beef exports to Türkiye on animal and public 
health, veterinary services, and the infrastructure of laboratories and sl aughterhouses. After 
receiving the information about the country, an expert delegation conducts on -site inspection 
if health conditions are deemed appropriate. Ministry adds countries and establishments to 
the list on the official website when the requirem ents are met.  
 
Pursuant to the relevant regulation, the beef must be obtained from cattle that have 
undergone health examinations by official veterinarians appointed by the MAF and slaughtered 
in accordance with the customs and traditions of Türkiye. In addition, according to the 
conditions to be determined by the MAF, the BSE test certificate of the cattle from which the 
meat is obtained will be submitted during importation.  
 
Secretariat Report (S439)   
3 TRADE POLICIES AND PRACTICES BY MEASUR E  
3.3 Measures affecting production and trade   
3.3.4  Competition policy and price controls   
3.3.4.1 Price controls   
Paragraph  3.133.   
 
UK Question 41:  We note that the Ministry of Health uses a reference price system to 
determine the wholesale and retail prices of pharmaceuticals under the 2017 Decision of 
Pricing of Medicinal Products for Human Use. The currency for these base prices is the 
euro, with the euro/Turkish lira conversion being determined by applying the fixed 
exchange rate. Could Türkiye plea se specify how it will maintain sustainability and WT/TPR/M/439/Add.1  
 
- 210 - 
 
  predictability for foreign pharmaceutical companies and more importantly secure public 
access to innovative medicines while it's limited with the low fixed exchange mechanism?   
 
Answer:  Türkiye uses the reference pricing system and fixed euro value. Taking into account 
the changing value of the Euro, updates can be made on the fixed Euro value when deemed 
necessary. In addition, the Price Evaluation Commission reviews prices when necessar y to 
ensure the availability of medicines on the market and to meet the needs of the market. 
Additionally, considering changing and evolving market needs, changes to the pricing 
methodology and strategy may be considered when necessary.  
 
Secretariat Repor t S439   
3.  Trade policies and practices by Measure   
3.3.  Measures affecting production and trade   
3.3.4  Competition policy and price controls   
3.3.4.2 Competition policy   
Legal and institutional framework   
Paragraph  3.134   
 
UK Question 42: Could Türkiye  please clarify which activities or business practices are 
currently exempt from its Competition Law or from the block exemptions issued by the 
Turkish Competition Authority (TCA), and whether any of these exemptions have 
expiration dates?   
 
Answer:  In accordance with the Communiqué on Block Exemption on Insurance Sector 
(Communiqué No: 2008/3), some categories of agreements limiting competition made by 
undertakings in the insurance sector for the purpose of determining, promoting and 
distributing calcul ations and tables have been exempted as a block. If it is determined that 
there are effects incompatible with the exemption conditions provided, it is possible for the 
Competition Board to withdraw this recognized exemption.  
 
In accordance with the Block Exemption Communiqué on Vertical Agreements in the Motor 
Vehicle Sector (Communiqué No.  2017/3), vertical agreements about purchase, sale or re -
sale of motor vehicles, purchase, sale or re -sale of spare parts and supplying repair and 
maintenance serv ices for motor vehicles will benefit from block exemption. Vertical 
agreements concluded between competing undertakings operating in the motor vehicle sector 
cannot benefit from the exemption. Agreements between the parties in which the provider is 
the man ufacturer and distributor of the goods or services subject to the agreement, while the 
buyer is the sole distributor, may benefit from the recognized exemption. The Competition 
Board may withdraw the exemption if the vertical limitations provided for in th e vertical 
agreement benefiting from the exemption cover more than 50% of the relevant market.  
 
Secretariat Report S439   
3 Trade policies and practices by Measure   
3.3 Measures affecting production and trade   
3.3.5  State trading, state -owned enterprises,  and privatization   
3.3.5.2  State -owned enterprises   
Table  3.21.   
 
UK Question 43: The report states that over the review period, capital injections to state -
owned enterprises (SOEs) increased significantly from TYR  7,657  million in 2016 to 
TYR 39,260  million in 2021. Could Türkiye please clarify whether any of the cash 
injections provided to its SOEs constitute notifiable subsidies under the Agreement on 
Subsidies and Countervailing Measures?   
 
Answer:  As being the main shareholder of SOEs, Mini stry of Treasury and Finance expect 
them to finance their operations mainly with their own resources. Also, it is expected SOEs to 
operate profitably and efficiently. However, sometimes due to economic developments and 
large investments for public services  made by SOEs, such as natural gas storage and 
exploration, railway infrastructure and high -speed train investments, it is needed to transfer 
capital injections to SOEs.  
 WT/TPR/M/439/Add.1  
 
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  The capital injections mentioned are not considered subsidies to be notified under t he 
Agreement on Subsidies and Countervailing Measures.  
 
Secretariat Report S439   
3 Trade policies and practices by Measure   
3.3 Measures affecting production and trade   
3.3.5  State trading, state -owned enterprises, and privatization   
3.3.5.2  State -owned enterprises   
Paragraph  3.147   
 
UK Question 44: Could Türkiye please clarify how it defines a state -owned enterprise 
domestically?  
 
Answer:  According to international definitions SOEs are defined as companies whose majority 
capital is owned by the state, whose majority of the board of directors are appointed by the 
government to exercise ownership rights or more than half of the voting rights are under the 
public control. In regard to these definitions, SOEs and their subsidiaries which  are subject to 
different laws can be classified in Türkiye as follows:  
1. SOEs and subsidiaries subject to Decree Law No.  233 (DL. 233)  
2. Enterprises under Privatization Administration portfolio,  
3. State banks,  
4. Corporations with the right to appoint more than half of the board members but the 
majority capital is not owned by the state,  
5. SOEs of local administrations,  
6. Other companies and funds with special status  
 
Although there is different classification of SOEs, in our legislation, SOEs  are those subject to 
the DL. 233 and whose whole capital belongs to the state.  
DL.233 outlines the general procedures for strategically important SOEs in terms of state's 
role as an owner, main ownership arrangements, (i.e. setting performance targets, a ppointing 
boards), respective roles and responsibilities of different public institutions when making 
strategic decisions (i.e. investment and financing decisions) and SOEs' operations in 
marketplace. DL.233 draws the main legislative framework for SOEs in  Türkiye, though it does 
not apply to the state -owned banks, enterprises owned by local administrations and other 
SOEs, which operate under separate laws (statutory corporations).  
 
The SOEs subject to DL.233 are named as Public Economic Enterprises (PEE) a nd this is the 
common name for the State Economic Enterprise (SEE) and Public Economic Institutions (PEI). 
SEE is a PEE of which the whole capital is owned by the State and is established to operate in 
conformity with the commercial principles in the field  of economy.  
 
UK Question 45: Could Türkiye please clarify whether its state -owned enterprises benefit 
from any exemptions or immunities from its laws and regulations? If so, please can 
Türkiye explain what these exemptions are, and which entities or activ ities benefit from 
them?   
 
Answer:  SOEs that undertake economic activities are not exempt from the application of 
general laws, tax codes and regulations. Laws and regulations do not unduly discriminate 
between SOEs and their market competitors. SOEs are subject to all laws and regulations 
applied to private enterprises. Rather than the exception, some regulations for public 
institutions such as Public Procurement Law and Travel Expenditures Law are applied to SOEs. 
SOEs' legal form allows creditors to press their claims and to initiate inso lvency procedures. 
SOEs in Türkiye do not have an exemption from insolvency.  
 
SOEs are subject to Public Procurement Law and participate in tenders under the same 
conditions as other institutions/organizations and companies subject to the relevant Law. 
When SOEs engage in public procurement, whether as bidder or procurer, the procedures 
involve competitive, non -discriminatory and safeguarded by appropriate standards of 
transparency.  
 
SOEs as well as the State as a shareholder are not protected from challen ge via the courts in 
case they are accused of infringing of the law or disrespecting contractual obligations. WT/TPR/M/439/Add.1  
 
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  Stakeholders are able to challenge SOEs and the state as an owner in courts and/or tribunals 
and be treated fairly and equitably in such cases by the judicial system.  
 
UK Question 46: Could Türkiye please clarify whether it maintains any regional or local -
level state -owned enterprises?   
 
Answer:  There are many enterprises and subsidiaries, which are under the control of central 
and local administrat ions. Enterprises of local administrations include enterprises owned by 
municipalities, special provincial administrations and their affiliated administrations. 
Companies in which the local administrations participate or establish are classified as public 
enterprises as per international standards since management is under the control of public 
administrations. They are operating under Commercial Code and all the ownership functions 
are carried out by municipalities.  
 
UK Question 47 : Could Türkiye please c larify the criteria it uses (including sectoral 
considerations) to decide whether a state -owned enterprise is:   
a. Transferred from the scope of its privati zation programme back into its Ministry of 
Treasury and Finance (MoTF) portfolio?   
b. Transferred from its MoTF or privatization portfolios to the Türkiye Wealth Fund 
(TWF) portfolio?   
 
Answer:  The mentioned SOEs are leading institutions in their sectors and were transferred 
to TWF with the aim of enhancing the values of the enterprises, su pporting to transform 
Turkish enterprises into regional and global champions and to take equity -based actions to 
expand the depth and diversity of financial markets in the country.  
 
Secretariat Report S439   
3  Trade policies and practices by Measure   
3.3  Measures affecting production and trade   
3.3.5  State trading, state -owned enterprises, and privatization   
3.3.5.2 State -owned enterprises   
3.3.5.2.3 SOEs under the Türkiye Wealth Fund   
Paragraph  3.150.   
 
UK Question 48:  The report states that since its inception in 2016, the Türkiye Wealth 
Fund (TWF) has "expanded and diversified its portfolio, which now includes companies 
and institutions from a variety of different sectors". Could Türkiye please clarify whether 
it has any plans to further expand the portfolio of state -owned enterprises managed by 
the TWF during the next reporting period? If so, please provide details of any sectoral 
considerations as part of these plans.   
 
Answer:  TWF acts as the strategic investment ar m of the country. As clearly stated in its 
mandate, TWF acts to (1) enhance the value of assets within the fund; (2) provide equity to 
strategic investments in Türkiye, (3) make equity investments to support Türkiye's 
international economic objectives, and  (4) reinforce the improvement and expansion of 
financial markets. In this manner, TWF is constantly conducting research and due diligence 
on projects/investment opportunities and carrying out pre -feasibility analysis for the selected 
projects/investments for its new investments. All investment activities made by TWF are 
announced through its website concurrently.  
 
Secretariat Report (S439)   
3   TRADE POLICIES AND PRACTICES BY MEASURE   
3.3  Measures Affecting Production and Trade   
3.3.6  Government Procurement   
Paragraph  3.3.6.1    
 
UK Question 49 : Could Türkiye please explain if there are provisions in the Public 
Procurement Law (PPL) principles and procedures which reference and promote 
principles of non -discrimination and national treatment? Are fo reign goods, services, and 
suppliers treated the same as domestic goods, services and suppliers in the procurement 
process?   
 WT/TPR/M/439/Add.1  
 
- 213 - 
 
  Answer:  Article  5 of Public Procurement Law No.  4734, entitled "Basic Principles", stipulates 
that "In procurement to be conducted  in accordance with this Law, the contracting authorities 
are liable for ensuring transparency, competition, equal treatment, reliability, confidentiality, 
public supervision, and fulfilment of needs appropriately, promptly, and efficient use of 
resources. ". As it is seen, the principle of equal treatment is set forth in the Public Procurement 
Law No.  4734 as a reflection of the principle of non -discrimination.  
 
Article  63 of the Law No.  4734 provides that in procurement of services and works, estimated 
costs of which are above the defined 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 appli ed in favour of tenderers who offer domestic products.  
 
UK Question 50 : Could Türkiye please explain how, out of the four procurement 
procedures used in Türkiye (Open; Restricted; Negotiated and via Direct procurement), is 
it decided which of these procedures is to be used, and which authority makes that 
decision?   
 
Answer:  Public Procurement Law No.  4734 defines three tendering procedures to be used in 
procurement of goods, services and works in Article  18 of Public Procurement Law No.  4734. 
Further more, Law No.  4734 sets forth direct procurement as a purchasing method, not a 
tendering procedure. While open procedure is a procedure where all tenderers may submit 
their tenders, restricted procedure may be used where open procedure is not applicable si nce 
nature of the subject matter necessitates expertise and/or high technology and in 
procurement of works with estimated cost exceeding the half of threshold value.  
 
Regarding negotiated procedure, it may only be applied in certain circumstances specifie d in 
Law No.  4734. Those conditions covers circumstances; where no tender was submitted in 
open or restricted procedures; or it is inevitable to conduct the procurement procedure 
immediately in the cases of sudden and unexpected events specified in Article  21 of Law 
No. 4734; or due to occurrence of special incidents relating to defence and security it is 
inevitable to conduct the procurement procedure immediately; or the procurement is of a 
character requiring a research and development process, and  not subject to mass production; 
or it is impossible to define the technical and financial aspects clearly due to specific and 
complex characteristics of the works, goods or services to be procured. Additionally, 
procurement of product, material and servic e with estimated costs are updated every year 
may be conducted via negotiated procedure.  
 
With regard to direct procurement, Article  22 of Law No.  4734 provides 10 conditions in which 
this procedure can be employed by contracting authorities.  
 
UK Question  51: Is there a registration fee for the Electronic Public Procurement Platform 
(EKAP) and is there a fee to access and download the tender documentation?   
 
Answer:  Public Procurement Authority does not charge any fee to contracting authorities and 
natural /legal persons for registration on the Electronic Public Procurement Platform (EKAP). 
Natural/legal persons registered in the EKAP can access and download the tender 
documentation free of charge via EKAP.  
 
Secretariat Report (S439)   
3   TRADE POLICIES AND PRACTICES BY MEASURE   
3.3  Measures Affecting Production and Trade   
3.3.6  Government Procurement   
Paragraph  3.3.6.2    
 
UK Question 52 : The value of E -procurement tenders represented 58% of procurement in 
2021 – please may Türkiye explain how i t is decided which tenders have to be advertised 
on the e -procurement system and which don't?   
 
Answer:  It must be stated that the value of tenders carried out via e -procurement accounts 
for 99.99% of tenders executed in 2023.  
As for the tender notices, for procurements conducted in open procedure (Article  19 of Public 
Procurement Law No.  4734) and restricted procedure (Article  20 of Law No.  4734) and certain WT/TPR/M/439/Add.1  
 
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  procurements carried out in negotiated procedure (Article  21 (a)(d)(e) of Law No.  4734), 
notices must be advertised on the Electronic Public Procurement Platform (EKAP). Moreover, 
for other procurements conducted in negotiated procedure (Article  21 (b)(c)(f) of Law 
No. 4734) (where it is inevitable to conduct the procurement procedure immedia tely in the 
cases of sudden and unexpected events, or necessity of procuring in order to ensure safety of 
life and property or structure, or occurrence of events which could not be foreseen by the 
contracting authority; or it is inevitable to conduct the p rocurement procedure immediately, 
due to occurrence of special incidents relating to defence and security), contracting authorities 
may also advertise tender notices.  
 
Secretariat Report (S439)   
3   TRADE POLICIES AND PRACTICES BY MEASURE   
3.3  Measures Af fecting Production and Trade   
3.3.6  Government Procurement   
Paragraph  3.3.6.3    
 
UK Question 53 : Could Türkiye please explain if  is there a published list of all the goods 
and products that the Ministry of Industry and Technology has selected to have a 
mandatory 15% price advantaged in favour of domestic products? In addition are there 
any other preferences built into the evaluatio n criteria for a bid?  
 
Answer:  As stated in Article  63 (c)(1) of Public Procurement Law No.  4734, it is mandatory 
to provide a price advantage of 15% in favour of tenderers offering domestic products in 
procurement of goods which are selected by the Ministry of Industry and Technology from 
among medium and high technology industry products by taking the opinions of relevant 
institutions and organizations and which are included in the list declared by the Authority.  
Furthermore, a price advantage of 15% must be granted to tenderers offering domestic 
software products. In this regard, it is the Ministr y of Industry and Technology who decides 
on which goods and products are selected from among medium and high technology industry 
products by taking the opinions of relevant institutions. Public Procurement Authority is 
responsible for publishing the lists of selected goods and products.  
 
UK Question 54 : Other than the goods and services described in this paragraph, could 
Türkiye please explain if there are any other sections of the economy or regions in which 
more favourable treatment is afforded to domest ic goods, services and suppliers?   
 
Answer:  There are no other national preference schemes for sections of the economy or 
regions other than those explained in Paragraph 3.3.6.3.  
 
UK Question 55 : Across the different levels of government, could Türkiye pl ease explain 
if there are any additional flexibilities granted to contracting authorities regarding the 
domestic preference scheme? (e.g., Do sub -central contracting authorities apply any 
additional preferences schemes or are the preferences schemes standa rd across all levels 
of government).    
  
Answer:  There are no additional flexibilities provided to contracting authorities in the matter 
of domestic preference schemes other than national preference provisions laid down in 
Article  63 of Public Procurement Law No.  4734. Since those national preference schemes are 
standard across all levels of government, sub -central contracting authorities cannot apply any 
additional preference schemes.  
 
Secretariat Report (S439)   
3   TRADE POLICIES AND PRACTICES  BY MEASURE   
3.3  Measures Affecting Production and Trade   
3.3.6  Government Procurement   
Paragraph  3.3.6.4   
 
UK Question 56 : The percentage of international tenders where domestic price advantage 
is applied increased from 37% in 2017 to 45% in 2021. Could Türkiye please explain if 
there are plans to reduce the amount of international tenders where domestic price 
advantage is app lied, or is this projected to keep increasing? As part of these plans, is WT/TPR/M/439/Add.1  
 
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  Türkiye considering joining the WTO Agreement on Government Procurement to ensure 
open, fair and transparent conditions of competition?   
 
Answer:  According to the points (a), and (b)  of Article  63 of Public Procurement Law, the 
price advantage in favour of domestic tenderers and tenderers offering domestic products may 
be applied by the contracting entities as an option and it is not mandatory. Considering the 
given legislation and st atistical data, the application of the price advantage is totally at the 
discretion of contracting entities which can make their own decisions based on the authority 
that is provided by the points (a) or (b) of Article  63 of Public Procurement Law, and the re is 
no any specific plan regarding the change in the amount of the percentage.   
 
Türkiye is not a party to the WTO Government Procurement Agreement (GPA) but has an 
observer status. For the time being, no change is foreseen.  
 
Secretariat Report (S439)    
3          TRADE POLICIES AND PRACTICES BY MEASURE    
3.3       Measures Affecting Production and Trade    
3.3.7    Intellectual Property Rights    
Paragraph  3.20  
 
UK Question 57:  Could Türkiye please set out how it intends to reduce the length of I P 
court cases for civil cases (from 357 days) and criminal cases (from 237 days)?   
 
Answer:  Improvement of intellectual property rights has been one of the primary targets of 
reform efforts in the past period. In this context, many targets specific to this  field, especially 
the strengthening of the intellectual property system, have been included in top policy 
documents. In addition, specific emphasis was laid on the cases arising from intellectual and 
industrial property rights in the policy documents in j udiciary. With this perspective, in 
connection with the shortening the duration of intellectual property cases in the recently 
announced top policy documents, policies/measures as follows have been included:  
In the Twelfth Development Plan; the following p olicies/measures are included:  
Organizing training activities for all stakeholders in the judicial process, primarily judges and 
public prosecutors who will serve in specialized courts, in order to contribute to cases related 
to intellectual and artistic works,  
Conducting needs analysis regarding the expansion of Specialized Courts for Intellectual and 
Industrial Property Rights,  
Carrying out efforts to ensure continuity in the duties of judges and public prosecutors in 
specialized courts and to r educe trial periods,  
Improving the personnel capacity and quality of Specialized Courts for Intellectual and 
Industrial Property Rights,  
Expanding mediation and arbitration practices in settlement of intellectual property disputes,  
Carrying out activities to increase the knowledge and experience of experts, mediators and 
patent and trademark attorneys working in the field of intellectual property,  
In the 2024 Presidential Annual Program; the following policies/measures are included:  
Conducting needs analysi s regarding the expansion of the Specialized Courts for Intellectual 
and Industrial Property Rights,  
Carrying out studies to ensure continuity in the duties of judges and public prosecutors in 
specialized courts and to reduce trial periods,  
Improving the p ersonnel capacity and quality of Specialized Courts for Intellectual and 
Industrial Property Rights,  
Expanding mediation and arbitration practices in the settlement of intellectual property 
disputes,  
Carrying out activities to increase the knowledge and ex perience of experts, mediators and 
patent and trademark attorneys working in the field of intellectual property,  
In the Medium Term Program (2024 -2026); the following policies/measures are included:  
Strengthening the legal infrastructure to increase social  consciousness and awareness in the 
intellectual property system,  
Within the scope of developing specialization in the judiciary, carrying out studies to improve 
the quality and quantity of judges, prosecutors, experts and mediators,  
Strengthening speciali zed courts.  
Strengthening and developing the intellectual property system and shortening the duration of 
intellectual property cases are considered as an important agenda issue in the New Judicial WT/TPR/M/439/Add.1  
 
- 216 - 
 
  Reform Strategy, Human Rights Action Plan and Ministry of J ustice Strategic Plan, whose 
preparations are continuing in the upcoming period.  
 
Secretariat Report (S439)   
3  TRADE POLICIES AND PRACTICES BY MEASURE   
3.3  Measures affecting production and trade   
3.3.7  Intellectual property rights   
Paragraph  3.174.   
 
UK Question 58: Could Türkiye please describe what plans it has to improve patent 
enforcement and strengthen regulatory data protections?   
 
Answer:  Efforts to strengthen the legal and enforcement infrastructure in line with current 
developments are regularly carried out.  
 
Secretariat Report (S439)    
3          TRADE POLICIES AND PRACTICES BY MEASURE    
3.3       Measures Affecting Production and Trade    
3.3.7    Intellectual Property Rights    
Paragraph  3.189     
 
UK Question 59:  Article  44 of Law No.  5846  requires natural and legal persons who 
manufacture or import for commercial purposes any materials carrying works and 
technical equipment for the reproduction of artistic works to pay a fee of up to 3% of the 
manufacturing cost t o the Ministry of Culture and Tourism. Could Türkiye please provide 
examples of how the revenue from this fee has been used to strengthen Türkiye's IP 
system and supported cultural and artistic activities?   
 
Answer:  The income collected in a special accoun t opened in a national bank as a result of 
the deductions made according to Article  44 of Law No.  5846 is used for covering the below 
mentioned expenses in order to strengthen the intellectual property system and to carry out 
cultural and artistic activiti es; 
- Expenses for providing participation, organization and support of any kinds of national 
and international meetings, conferences, seminars and similar organizations in the field 
of intellectual property,  
- Any kinds of payments and expenses regarding the implementation related to technical 
inspection, promotion, representation, research, preliminary study, project, printed 
materials and publications to be made or caused to be made in the field of intellectual 
property,  
- Expenses required for strengthening i ntellectual property system and compulsory 
expenses made in the scope of inspection activities of provincial inspection commissions 
established in provincial governments for the purpose of fighting piracy activities,  
- Expenses for organizing and publishing any kind of raising awareness activities within the 
scope of strengthening intellectual property system and fighting against piracy,  
- Any kind of expenses made related to purchasing, renting, maintenance and repairs of 
hardware, software, necessary environm ent units and establishing a database for the 
purpose of following up intellectual property rights,  
- Expenses for organizing festivals and similar unilateral and multilateral activities for the 
domestic and external promotion of our country under cultural a nd artistic activities,  
- Expenses related to strengthening the intellectual property system, carrying out cultural 
and artistic activities or supporting projects related to these areas, to be carried out by 
the Collecting Societies and real/ legal persons,  
- Expenses related warehouses built for the purpose of preserving the materials seized 
within the scope of fighting against piracy activities,  
- Expenses for the purpose of continuing the activities of the Copyright Training Center 
established within the Intel lectual Property Academy.  
 WT/TPR/M/439/Add.1  
 
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  Secretariat Report (S439)    
3          TRADE POLICIES AND PRACTICES BY MEASURE    
3.3       Measures Affecting Production and Trade    
3.3.7    Intellectual Property Rights    
Paragraph  3.203     
UK Question 60:  The Secretariat Report provides an example of a 2015 -2017 EU Project 
"Border Enforcement of IPR" which provided training to customs officers and sought to 
promote public awareness of the dangers of counterfeiting. Could Türkiye please provide 
examples of ongoi ng activities and campaigns which provide training to customs officers 
and promote public awareness of IP and the dangers of counterfeiting? Could Türkiye 
please also detail more broadly how they intend to prevent counterfeit and pirated goods 
from being m anufactured and exported globally?   
 
Answer:  Turkish Customs Authority has successfully carried out the EU Project between 
2015-2017 dedicated to border enforcement of intellectual property rights (IPR). The main 
purpose of the Project was to strengthen th e administrative capacity of Turkish Customs 
Administration, raise awareness and increase the level of capacity among key stakeholders in 
order to enhance border enforcement of IPR. The project had two main components: training 
activities and awareness  raising activities. Training activities included regional seminars, study 
visits, in -service trainings, and materials including samples of counterfeiting goods. Awareness 
raising activities included national IPR seminars, short -length film, leaflets, and othe r 
materials.  
 
After the completion of the project, Turkish Customs Administration has continued the training 
activities in order to strengthen the fight against counterfeiting at customs and promote 
awareness of customs officers. Since 2017, 10 in -house t raining sessions have been held for 
customs officials working in different customs administrations in cooperation with right 
holders. A total of 700 customs officers from different customs authorities participated in the 
mentioned IPR training as in - perso n or online despite the pandemic. Presentations about the 
legal bases of IPR protection at customs and case studies are made by representatives from 
DG of Customs and presentations about counterfeiting - genuine goods are made by rights 
holders. In addition , exhibitions are organized in order to support customs officers to 
differentiate fake and genuine goods.  
 
In 2022 and 2023, two efficient in -house trainings were held in Edirne (2022) and Şırnak 
(2023) for 100 customs officers with the participation of ap proximately 280 trademark 
representatives. In December  2023, an in -house training will be held for customs officers in 
İzmir.  
 
In order to better target and intercept IPR infringing shipments that are entering into, 
transiting through and being exported fr om Türkiye, Turkish Customs attach great importance 
to in-house training promoting awareness of customs officers and strengthened cooperation 
with rights holders.  
 
Regarding the question how Türkiye intend to prevent counterfeit and pirated goods from 
being manufactured and exported; customs authorities may suspend the release of goods if 
there is valid grounds for suspecting that these goods that are subject to any customs 
approved treatment or use, including goods changing vehicle in Turkish Customs Terr itory; 
are infringing IPR. This suspension of release may take via an application lodged by the right 
holder or ex -officio actions.  
 
Turkish Customs has made various efforts to strengthen IPR enforcement. The followings are 
the major border enforcement act ivities carried out by Turkish Customs since 2017.  
 
The number of the applications for actions from the right holders and/or their representatives 
for border enforcement of IPR made in Türkiye has constantly increased, from 1915 in 2017 
to 2637 in 2022. As  of 31 October  2023, the number of the applications is 2352. Evidence of 
the close cooperation between Turkish customs and the right holders is shown in the evolution 
of the numbers of applications for action submitted to Ministry of Trade.  
 
The number of detentions of goods suspected of infringing IP rights by Turkish customs 
authorities in 2022 is 925 that shows 12% increase compared to previous year. Also the WT/TPR/M/439/Add.1  
 
- 218 - 
 
  number of detained goods is approximately 17  million that indicates 65% increase c ompared 
to previous year.  
In accordance with the Anti -Smuggling Law No.  5607, the seized goods are also examined for 
violation of intellectual and industrial rights.  
As a result of the examination, if there is a suspicion that the goods violate intellectual and 
industrial rights, the matter is recorded in the report by the Customs Enforcement Smuggling 
and Intelligence Directorate and the relevant units are immediately informed.  
 
Secretariat Report (S439)   
3   TRADE POLICIES AND PRACTICES BY MEAS URE  
3.3  Measures Affecting Production and Trade   
3.3.7  Intellectual Property Rights   
Paragraph Legal and Institutional Framework    
 
UK Question 61:  Please could more information be provided on the criminal sanctions 
concerning the violation of IP rights in relation to GIs? What processes need to be 
followed to raise violations?   
 
Answer:  Criminal sanctions are not applied to geographical indications according to the 
Industrial Property Code.  
Meanwhile, those who have the right to use the geographical indication may request a claim 
to be filed before court by notifying the registrant throu gh a notary public. If the registrant 
does not accept this request or file a claim within three months from the notification date, 
those who have the right to use the geographical indication may file a claim by including the 
notification made to the regist rant. The legal proceeding shall be notified to the registrant. 
However, in the event of a serious risk of harm, those who have the right to use may request 
from the court for a precautionary ruling be made, regardless of the time requirements. If a 
precau tionary ruling is made, the specified time requirement to file a claim is not applied.  
Right owner whose geographical indication right is infringed can claim the following from the 
court:  
a) To determine the existence of infringement  
b) To prevent the poss ible infringement.  
c) To stop the infringing actions  
d) To remedy infringement and compensate material damages  
e) To seize the products causing infringement or requiring penalty, as well as instruments, 
such as devices and machine exclusively used in thei r production, without preventing the 
production of products other than infringing products.  
f) To take measures to prevent the continuity of infringement  
 
Improvement of intellectual property rights has been one of the primary targets of reform 
efforts in the past period. In this context, many targets specific to this field, especially the 
strengthening of the intellectual property system, have been included in top policy documents. 
In addition, specific emphasis was laid on the cases arising from intellect ual and industrial 
property rights in the policy documents in judiciary. With this perspective, in connection with 
the shortening the duration of intellectual property cases in the recently announced top policy 
documents, policies/measures as follows have been included:  
 
In the Twelfth Development Plan; the following policies/measures are included:  
- Organizing training activities for all stakeholders in the judicial process, primarily judges and 
public prosecutors who will serve in specialized courts, in order to contribute to cases related 
to intellectual and artistic works,  
- Conducting needs analysis regarding the expansion of Specialized Courts for Intellectual and 
Industrial Property Rights,  
- Carrying out efforts to ensure continuity in th e duties of judges and public prosecutors in 
specialized courts and to reduce trial periods,  
- Improving the personnel capacity and quality of Specialized Courts for Intellectual and 
Industrial Property Rights,  
- Expanding mediation and arbitration practic es in settlement of intellectual property disputes,  
- Carrying out activities to increase the knowledge and experience of experts, mediators and 
patent and trademark attorneys working in the field of intellectual property,  
- In the 2024 Presidential Annual  Program; the following policies/measures are included:  WT/TPR/M/439/Add.1  
 
- 219 - 
 
  - Conducting needs analysis regarding the expansion of the Specialized Courts for Intellectual 
and Industrial Property Rights,  
- Carrying out studies to ensure continuity in the duties of judges and p ublic prosecutors in 
specialized courts and to reduce trial periods,  
- Improving the personnel capacity and quality of Specialized Courts for Intellectual and 
Industrial Property Rights,  
- Expanding mediation and arbitration practices in the settlement of intellectual property 
disputes,  
- Carrying out activities to increase the knowledge and experience of experts, mediators and 
patent and trademark attorneys working in the field of intellectual property,  
In the Medium Term Program (2024 -2026); the following  policies/measures are included:  
- Strengthening the legal infrastructure to increase social consciousness and awareness in the 
intellectual property system,  
- Within the scope of developing specialization in the judiciary, carrying out studies to improve 
the quality and quantity of judges, prosecutors, experts and mediators,  
- Strengthening specialized courts.  
Strengthening and developing the intellectual property system and shortening the duration of 
intellectual property cases are considered as an import ant agenda issue in the New Judicial 
Reform Strategy, Human Rights Action Plan and Ministry of Justice Strategic Plan, whose 
preparations are continuing in the upcoming period.  
 
Secretariat Report (S439)   
3   TRADE POLICIES AND PRACTICES BY MEASURE   
3.3  Measures Affecting Production and Trade   
3.3.7  Intellectual Property Rights   
3.3.7.1   Legal and Institutional Framework   
Paragraph  3.180   
 
UK Question 62 : Could Türkiye please explain if foreign GIs have access to the same 
process of registration as T urkish GIs? And specifically, are there any differences in the 
protection given to agri -food, wine and spirit drinks GIs in Türkiye? If there are 
differences, what are they?   
 
Answer:  According to the Industrial Property Code, the same procedure is applied to foreign 
geographical indication applications as to domestic applications. However, the application 
must be registered in the origin country. And the applications should be filed by trademark 
agents authorized by TÜRKPATENT.  
Article  39 of the Cod e contains the following provisions on foreign country applications.  
"Without prejudice to the provisions of international agreement, in order to apply the 
provisions of this Code to geographical indication or traditional specialty guaranteed 
applications originating from foreign countries, in addition to the conditions set  
out in Article  37 the following conditions shall also be sought whether:  
a) The geographical indication or traditional specialty guaranteed subject to the application is 
being protected by the country of origin or the international community of which the country 
of origin is a member to.  
b) The control requirements set out in Article  49 have been satisfied in the country of origin.  
c) Country of origin is providing equal protection for ge ographical indication or traditional 
specialty guaranteed applications to be made from Türkiye."  
For more information;  
https://www.turkpatent.gov.tr/en/laws -and-regulations  
According to the Industrial Property Code; food, agricultural, mining, handicraft and industrial 
products resulting from unification of natural and human factors, which comply with the 
provisions in the Code, shall be entitled to geographical indication protection. All kind of 
products are protected at the same level of protection and this protection includes same 
conditions as the additional protection offered by the TRIPS agreement for alcoholic 
beverages.  
 
UK Questio n 63 : Can Türkiye please explain what control processes are carried out to 
ensure Turkish GI products are produced according to their specifications before being 
placed on the market? Who verifies them, how are they verified and how often?    
 WT/TPR/M/439/Add.1  
 
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  Answer:  Accor ding to the Industrial Property Code Article  49, controls shall be carried out by 
the control authority specified in the application and whose competence has been approved 
by TÜRKPATENT. Change of the control authority stated in the register may be made up on 
approval of TÜRKPATENT.  
Controls can be done during production, marketing or distribution stages or while the product 
in the markets.  
Control reports shall be submitted to the Office once a year after registration is published in 
the Bulletin. However,  in case of complaints, TÜRKPATENT may request earlier submission of 
the reports.  
The criteria for the controls and the frequency of controls vary depending on the control plan 
determined in the application phase.  
For more information;  
https://www.turkpatent.gov.tr/en/laws -and-regulations  
 
Secretariat Report (S439)   
4.  Trade policies by sector   
4.3.  Manufacturing   
4.3.4.  Automotive   
Paragraph  4.43.   
 
UK Question 64: The report states that Türkiye supports companies investing in 
automotive manufacturing and R&D, with incentives including value added tax (VAT) and 
customs duty exemptions, corporate tax deductions, land allocation and support for 
energy consumption expenditure. We would note, however, that there are no specific 
automotive subsidy programmes notified under Türkiye's recent WTO subsidy 
notifications. Could Türkiye please clarify under which of its subsidy s chemes notified 
under the Agreement on Subsidies and Countervailing Measures does its support towards 
automotive manufacturing come under?   
 
Answer:  The investments of the automotive manufacturing benefit from terms and rates of 
the support measures of Reg ion 4 even if they are made in Regions 1 (except Istanbul), 2, 3, 
and 4. If these investments are made in Region 5 or 6 , they are provided with terms and rates 
of the support measures of Region 5 or 6. The support measures ensured for the automotive 
manufa cturing investments are VAT Exemption, Custom Duty Exemption, Tax Deduction, 
Social Security Premium Support (Employer's Share), Land Allocation, Interest/ Profit Share 
Support, and Social Security Premium Support (Employee's Share) (If the investment is m ade 
in the Region 6) . 
 
Secretariat Report (S439)   
4 Trade Policies by Sector   
4.4. Services   
4.4.2  Telecommunications   
4.4.2.1 Features   
Paragraph  4.92  
 
UK Question 65:  As noted, Turk Telekom holds significant market power in fixed -line 
wholesale telephone services, of which Türkiye Wealth Fund holds the largest share. 
Other companies are required to have their own fibre network matching their operations 
but find this is  heavily dependent on Turk Telekom's fixed network. Could Türkiye please 
confirm how they would secure sustainable infrastructure competition in the long term 
and overcome issues blocking development and access to the fibre networks?   
 
Answer:  Telecommunic ation sector of Türkiye is regulated in a manner open to competition 
and provides necessary infrastructure for all players in the market.  
 
Secretariat Report (S439)   
4  TRADE POLICIES BY SECTOR   
4.4 Services   
4.4.4  Transport services   
4.4.4.2 Maritime transport   
 WT/TPR/M/439/Add.1  
 
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  Paragraph  4.113     
UK Question 66:  Can Türkiye please explain if it has considered and put in place adaptation 
strategies to protect its ports and supply chains from climate risk?   
 
Answer:  By-Law on Combined Transport entered into force on 27  May 2022. The Ministry of 
Transport and Infrastructure - Directorate General for Regulation of Transport Services 
(DGRTS) aims to increase the contribution of the transport sector to the environment and the 
national economy by promoting combine d transport.  
 
On the other hand, during the feasibility process of port projects, it is aimed that the planned 
ports will be minimally affected by climate change. In this context, sea level rise caused by 
global warming may cause problems such as wave over topping in ports, damage to 
infrastructure and inability of ports to continue their functioning. In order to minimize the 
impact of climate change, it has become mandatory to take into account the rise in sea level 
due to climate change when examining wave  models in port construction.  
GOVERNMENT REPORT   
Government Report (G436)     
3          ECONOMIC ENVIRONMENT      
3.2       Inflation and Monetary Policy    
Paragraph  3.15.     
 
UK Question 67 : Since the start of 2022, the Turkish economic administration has 
implemented more than 100 new regulations as part of their "lira -ization" strategy. With 
the government's increased involvement in economic decision -making and the Central 
Bank of the Republic of Türkiye's (CBRT) macro -financial measures , this may lead to 
increased banking sector risks, like distorted price formulation in the medium and long -
term. Could Türkiye please explain how they plan to address the potential side -effects and 
unintended consequences of these policies?    
   
Answer:  The CBRT has been simplifying and improving the existing micro - and 
macroprudential framework since June  2023. The aim is to increase the functionality of market 
mechanisms and strengthen macro financial stability. The simplification process, which is 
guided  by impact analyses, is being carried out gradually in order to control the potential side 
effects.  
 
Recent policy stance is aiming to achieve price and financial stability. In line with the monetary 
tightening, the CBRT continues to take concrete steps to  enhance the functionality of market 
mechanisms and strengthen macro -financial stability. The CBRT is simplifying and improving 
the existing macroprudential framework.  
On top of that the banking sector currently exhibits a robust and resilient outlook. As of 
September  2023, the capital adequacy ratio is 18.5 %, which is well above the regulatory 
requirement of 8 %, and the nonperforming loans ratio is at a low level of 1.5 %.  
 
Government Report (G436)     
4 TRADE POLICIES   
4.1 Agriculture   
4.2 Support programmes   
Paragraph  4.23  
 
UK Question 68: Türkiye has not notified its domestic support programme to the WTO 
between 2017 and 2021. Can Türkiye please clarify if it intends to notify soon?   
 
Answer:  Agricultural domestic support notifications were provided for the years 2002 -2004 
as a result of the studies carried out in 2017.  In 2018, notifications for the years between 
2005-2009;  in 2019, notifications for the years between 2010 -2013;  as of 2020, notifications 
for the years betw een 2014 -2016 have been made.  
Regarding the agricultural domestic support notifications, Türkiye is in the process of 
completing the notifications for the following years and will be notified when the studies are 
completed.  Türkiye is aware of its commitme nts and is doing its best to fulfil its obligations to 
provide accurate information to WTO  Member s. 
 
Government Report (G439)   WT/TPR/M/439/Add.1  
 
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  4   TRADE POLICIES   
4.3.1.2   Modernization of Existing Free Trade Agreements   
4.3.1.2.6  Malaysia Free Trade Agreement   
 UK Questi on 69 : The Government Report (G439) notes amendments to Türkiye's 
agreement with Malaysia. Could Türkiye please explain if these amendments considered 
the impact of Türkiye -Malaysia trade on palm oil production and associated deforestation? 
What steps are being taken to promote sustainable trade between Türkiye and Malaysia?   
  
Answer:  Amendments to Türkiye's FTA with Malaysia are related to Trade in Services.  
 
Government Report (G436)     
4 TRADE POLICIES   
4.3 Türkiye – EU Relations   
4.3.2  Türkiye's Green Transition   
Paragraph  4.83 and 4.84   
UK Question 70:  Can Türkiye please describe how much progress has been made in 
developing a carbon pricing mechanism, and if it plans to introduce a carbon border tax 
in addition to an ETS?   
 
Answer:  Preparations have been done so far, range from legislation drafts, technical studies 
on impact analysis, MRV system which serves the base of the emission data and the 
consultations regarding the determination of the features of the system. At the moment, ther e 
is no plan for a carbon border adjustment mechanism, yet the decision making structures will 
be following international developments.  
 
Government Report (G436)     
4   TRADE POLICIES   
4.4  TRADE FACILITATION   
Paragraph  4.90   
 
UK Question 71: Could Türkiye please offer further information on how the criteria for the 
Authorised Economic Operator system have been designed or are applied so as to allow 
the participation of small and medium -sized enterprises?  
 
Answer:  Türkiye launc hed 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 thro ughout 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 Türkiye and have been in 
operation for at least three years.  
 
There is a different kind of authori zation w hich smaller firms are encouraged to obtain instead 
of AEO. Benefits are less than that afforded by AEO accreditation. This authorization is called 
"approved person status". Legal basis for it is Customs General Communiqué (Serial No: 1) 
on the Approved Pe rson Status published in Official Gazette No.  28158  dated 30/12/2011.  
 
Government Report (G436)     
4 TRADE POLICIES   
Paragraph  4.5  
 
UK Question 72 : The report states that "Another priority policy area for Türkiye in trade 
is e-exports. As a tool to faci litate trading for e -exporters, the Ministry of Trade utilizes 
"Easy Export Platform", which provides intelligence to exporters on market opportunities 
and export processes." Please may Türkiye clarify if it has shareable data on the impact 
of the platform  on export figures and destinations?   
 
Answer:  In our analysis, we observed that after the launch of Easy Export Platform in 2020, 
the number of exporters increased from 87 ,000 to 115 ,000 which we consider this Platform 
has a considerable effect.  
 WT/TPR/M/439/Add.1  
 
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  Government Report (G436)     
4.  Trade Policies   
Paragraph  4.7  
 
UK Question 73 : Can Türkiye please describe what trade related measures it has adopted 
which support the MC11 Joint Declaration on Women's Economic Empowerment? 
Specifically, what plans has Türkiye put in place which support the commitment to the 
collection of gender -disaggregated data, the use of indicators, monitoring and evaluation 
methodologies, and the analysis of gender -focused statistics related to trade? Does 
Türkiye have any further domestic strategies or other public commitments that support 
gender equality, women exporters and allowing women to receive the full benefits of 
international trade?   
 
Answer:  Variou s projects are carried out in order to identify the sectors where our women 
and young entrepreneurs can gain competitive advantage, thus increasing their international 
competitiveness and their share in e -export.  
In order women and young entrepreneurs to b e informed about export and customs 
procedures and to meet their training and mentoring needs;  
- Export Academy Women and Young Entrepreneur Exporter Training Program  
- W2W-National Women Entrepreneur Network Platform  
Projects have been developed.  
The Ministry of Trade designed a 'Women Entrepreneurs Network Programme' to form a robust 
network in 81 cities of Türkiye to reach out to women entrepreneurs directly and to inform 
them about how to be an exporter. This program has been assigned  as one of the good 
practices by International Trade Center (ITC).  
 
Government Report (G436)     
4.  Trade Policies   
Paragraph  4.8  
 
UK Question 74:  Noting the challenges identified in Türkiye's online survey in 2019, could 
Türkiye please provide any furth er information regarding the successes and impacts of 
the following initiatives and any other relevant programmes: The Women's Entrepreneur 
Network Program, The Turkish Export Academy for Women -Owned Small Businesses 
Program,  The W2W -National Women Exporte r Network Platform.   
 
Answer:  Various projects are carried out in order to identify the sectors where our women 
and young entrepreneurs can gain competitive advantage, thus increasing their international 
competitiveness and their share in e -export.  
In orde r women and young entrepreneurs to be informed about export and customs 
procedures and to meet their training and mentoring needs;  
• Export Academy Women and Young Entrepreneur Exporter Training Program  
• W2W -National Women Entrepreneur Network Platform  
Projects have been developed.  
The Ministry of Trade designed a 'Women Entrepreneurs Network Programme' to form a robust 
network in 81 cities of Türkiye to reach out to women entrepreneurs directly and to inform 
them about how to be an exporter. This program has been assigned as one of the good 
practices by International Trade Center (ITC).  
 
  WT/TPR/M/439/Add.1  
 
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  UNITED STATES  
Part I. Questions based on the Secretariat Report (WT/TPR/S/439)  
 
Page 24, paragraph 1.3.2 .  
1. What are the prospects for the services sector in the medium term?  
 
Answer:  The services sector has been a major driver of economic growth in many countries. 
As economies advance, the share of services in Gross Domestic Product (GDP) typically 
increases. Accordingly, the services sector constitutes more than 60 % of the gross domestic 
product globally. Likewise, the services sector has an important place in the Turkish economy, 
with the added value it creates and as of being an important source of employment. As a 
matter of fact, in Türkiye in 2022, the sector created an added value tha t represents 62% of 
the GDP. In addition, our services sector has shown its strength in export figures. In the last 
20 years, our services exports have increased more than six times. In 2022, it increased by 
45% compared to the previous year and reached USD 89 billion. With these export figures, 
Türkiye has a share of 1 .3% of the world export of trade in services and ranked 23rd among 
the first 30 exporter countries in trade in services according to the WTO statistics. Our target 
for the year of 2023 is to exceed USD 100 billion in services exports.  
 
2. Will the post -2020 rebound continue, or could the earthquake lead to a substantial 
hit even though the affected area is not a major tourist destination?  
 
Answer:  After the Covid -19 pandemic, tourism sector in Türkiye exhibited a rapid recovery 
and Türkiye outperformed peer countries in Europe.  
Despite the Russia n Federation -Ukraine war and adverse global economic conditions, strong 
recovery in tourism continued in 2022. At the end of 2022, tourism revenue reached 
USD 46.5 billion and 51.4  million visitors visited Türkiye. According to UNWTO, Türkiye was 
the 4th most visited tourism destination in the world in 2022.  
 
The earthquake, at the beginning of this year, did not adversely affect the tourism sector. In 
January -September  2023, tourism revenue increased by 20.1% y -o-y and reached 
USD 42 billion; the total number of visitors rose 13.2% y -o-y to 44.6  million. At the end of 
year, it is expected that tourism revenue and number of visitors will be USD 55.6 billion and 
56.7 million respectively.  
 
Page 32, paragraph 2.18 : The Secretariat reports that Türkiye is missing e xport subsidies 
notifications for the years 2016 -2021, and domestic support notifications for the years 2017 -2021.  
 
3. When will Türkiye submit these outstanding notifications to the Committee on 
Agriculture?  
 
Answer:  Agricultural domestic support notifications were provided for the years 2002 -2004 
as a result of the studies carried out in 2017.  In 2018, notifications for the years between 
2005-2009;  in 2019, notifications for the years between 2010 -2013;  as of 2020, notifications 
for the years betw een 2014 -2016 have been made.  
Regarding the agricultural domestic support notifications, Türkiye is in the process of 
completing the notifications for the following years and will be notified when the studies are 
completed.   
 
Page 32, paragraph 2.20 : The S ecretariat reports that Türkiye's customs union with the 
European  Union (the EU -Türkiye  Customs Union) requires it to align its commercial policy with that 
of the EU's Common Commercial Policy. The United  States  notes certain EU regulations in the 
agricultural sector are more restrictive than standards agreed to in Codex or other International 
Standard Setting Bodies.  
 
4. Please clarify how Türkiye will make certain its regulations are based on science and 
risk ass essment as required by the WTO Sanitary and Phytosanitary Agreement and 
not introduce trade prohibitive practices.  
 
Answer:  The Ministry of Agriculture and Forestry has a Risk Assessment Department within 
the General Directorate of Food and Control. The D epartment conducts risk assessments on WT/TPR/M/439/Add.1  
 
- 225 - 
 
  animal health and welfare, plant health, feed and food safety based on scientific principles. 
Through Scientific Commissions composed of experts from research institutes, research 
organizations and relevant faculties of universities and/or other experts, the Department 
conducts analyses that form the basis of risk assessments and provides scientific opinions. On 
the other hand, Türkiye is a member of the Codex Alimentarius Commission and other 
international standard -setting organizations under the SPS Agreement.  
 
International food legislation (standards, guidelines and codes of practice of the Codex 
Alimentarius Commission) are conducted in the preparation of legislation. In addition, some 
Turkish Food Codex is also pr epared for traditional products, taking into account national 
practices and consumer interest.  
 
Legislation is prepared on the basis of SPS principles, taking into account the relevant 
international standards as well as the standards of other countries and  the needs of Türkiye.  
Moreover, Türkiye conducts its trade relations in accordance with transparency and other WTO 
principles. All draft legislation is notified under the SPS and TBT Agreements.  
 
Page 46, paragraph 3.4 . Türkiye's Single Window System allows traders to obtain the required 
import documents and licences through a single point… According to the authorities, since Türkiye's 
previous Review, the Single Window System has been extended to include more documents used in 
import and export  transactions.  
 
5. Are all documents required for export/import transactions incorporated into the 
Single Window System?  
  
6. What import/export documenters still have to be submitted manually?  
 
Answer to question  5 and 6: Some documents are issued abroad and some documents 
cannot be included in the system for security and/or confidentiality reasons.  
 
The documents required for export/import transactions incorporated into the Single Window 
System is very dynamic regarding t he governmental institution's dynamic and various 
legislations. According to these dynamics and constantly updated legislation; the extent of the 
system is constantly  enlarging.  
 
Paragraph 3.5 . Certain goods must be imported through specialized customs of fices…These goods 
are: (i)motor vehicles, tractors, motorcycles, and their spare parts and accessories; (ii)textile 
products; (iii)fertilizers; and (iv)solvents and petrochemical products and products to be used in the 
food industry. The authorities indica te that the rationale for port of entry requirements is to ensure 
the availability of specialized customs expertise. These requirements are not applied to the 
European  Union , the United  Kingdom , and in some instances, Switzerland; reportedly this is because 
there is not the same need for specialized controls.  
 
7. Does Türkiye plan to expand the list of countries exempt from the requirement to 
import through specialized customs office?  
 
Answer:  "Specialized customs practice" is the practice of channelling the import of certain 
types of goods only through specialized customs offices with experts on import procedures 
applicable to specific products.  
 
On the one hand, Türkiye implements specialized customs practices in order to make import 
procedur es more efficient, specialized and effective at conducting controls, estimating 
valuations of customs tariffs and duties; on the other hand, we have agreements that 
facilitating free trade.  
 
Türkiye does not plan to expand the list of countries exempt fro m the practice. However, we 
might expand the list of authorized customs offices in line with the status of customs 
administrations and the demands of importers and manufacturers.  
 WT/TPR/M/439/Add.1  
 
- 226 - 
 
  8. What are the requirements to be eligible for exemption?  
 
Answer:  In accordance with the Decision No 1/95 of the EC -Türkiye  Association Council, 
Article  54, Turkish legislation shall be harmonized as far as possible with Community 
legislation in areas of direct relevance to the operations of the Customs Union, including 
customs legislation. In addition to this, UK -Türkiye Free Trade Agreement, Article  1.1, Item 2 
states the objective of the Agreement as "… to preserve preferential conditions relating to 
trade between the Parties, which resulted from the bilatera l trading arrangements between 
the European Union and Türkiye, and to provide a platform for further trade liberalisation and 
facilitation of trade between them."  
 
As a result of the agreements mentioned above, European  Union , the United  Kingdom  and in 
some cases, Switzerland benefit from exemptions for certain goods that subject to 
specialization. Moreover, due to the low trade volume between Turkiye and 
United  Kingdom /Switzerland, the exemption does not have a negative impact on the 
objectives targeted by  specialized customs.  
 
Paragraph 3.6 : Risk assessment of imports of various industrial goods for product safety purposes 
and risk assessment of imports and exports of certain agricultural commodities for quality control 
purposes are undertaken by the onlin e Risk -Based Trade Control System (TAREKS).  
 
9. Is the TAREKS system part of the Single Window System?  
 
Answer:  TAREKS is integrated with Single Window System and communicates and share data 
with Single Window System.  
 
Page 47, paragraph 3.6 : The Secretariat reports that Türkiye uses the online Risk -Based Trade 
Control System (TAREKS) to categorize the level of ris k on imports/exports of certain agricultural 
commodities and determines which shipments must be physically inspected.  
 
10. Please provide the criteria Türkiye uses to determine what is considered higher 
risk, and what products must be physically inspected at customs.  
 
Answer:  In order to adequately allocate resources for the inspection of "risky" products, 
TAREKS performs a risk analysis based on pre -defined risk criteria. The most significant source 
of the risk criteria is the data collected from market surveillance. Furthermo re, the criteria 
include CN code, origin, brand, model, importer, price, quantity, exporter, importer, rejected 
products, user errors, etc. The inspections may be carried out principally via documentary 
controls or physical controls. Only products that are  considered risky are subject to import 
controls.  
 
11. Can Türkiye provide data on agricultural commodity shipments that were subject to 
physical inspection including the number of inspections, the commodities inspected 
by HS code, and the origin of the inspe cted shipments?  
 
Answer:  The Communiqué on Product Safety and Inspection No.  2023/21 regulates 
commercial quality controls of certain agricultural products such as fresh fruits and vegetables, 
dry and dried produce, edible vegetable oil and other products (egg, honey, olive etc.) at the 
export and import stage. The products with relevant HS codes that are subject to inspection 
are listed in the annex of the Communiqué 
(https://www.resmigazete.gov.tr/eskiler/2022/12/20221231M4 -19.htm ). The controls are 
carried out through a web -based software, named "Risk -Based Trade Control System 
(TAREKS®)". In order to adequately allocate resources for the inspection of "risky" products, 
TAREKS performs a risk analysis based on pre -defined risk criteria. For the the January -
October  2023 period, the import inspections are conducted to mostly on dry and dried produce 
and palm oil shipments originating from various countries.  
 
Pages 49 -55, paragraphs 3.20 -3.33: The Secretariat report notes that additional customs duties 
(ACDs) apply to 3,206 tariff lines, significantly increasing tariff protection in certain sectors, most 
notably for hides and skins, pulp and paper, textiles and articles, footwear and headgear, and 
miscellaneous manufacturing. The Secretariat report further notes that Türkiye's most -favoured 
nation (MFN) applied tariff comprises customs duties combined with the ACDs. The Secreta riat WT/TPR/M/439/Add.1  
 
- 227 - 
 
  identified 31 tariff lines that exceed bound tariff rates (see Table  3.4 Tariff lines where applied tariff 
rates exceed bound tariff rates, 2022). However, numerous other lines also appear to exceed bound 
tariff rates when the ACDs are included in the  calculation of Türkiye's MFN applied rate.  
 
12. Could Türkiye provide a list of the 3,206 ACDs currently in place?   
 
Answer:  A list of ACDs that currently in place can be found in the Presidential Decision 
No. 3351.  There are 17 amendments in Presidential Decision No.  3351 after its entry into force 
in 01  January  2021. Those changes are contained in Presidential Decision No.  3838, 3867, 
5053, 5207, 5444, 5743, 5902, 6369, 6626, 6658, 6886, 6922, 7087, 7187, 7404, 7544 and 
7709. A ll these Presidential Decisions were published in Official Gazette.  
 
13. In accordance with its WTO commitment, will Türkiye eliminate or decrease the 
ACDs that cause MFN applied tariffs to exceed bound rates?  
 
Answer:  There is no ACD of Türkiye exceeding bou nd rates. For the products on the list (page 
54 Table  3.4) determined by the WTO Secretariat, Türkiye applies the CCT which are higher 
than its bound commitments to third countries stemming from the related provisions of the 
Customs Union.  
 
Page 49, paragraph 3.21 : The Secretariat reports that Türkiye's applied MFN rates are 
considerably higher when compared to its previous Trade Policy Review.  
 
14. Please explain the considerations that led to the increase in import duty rates.  
 
Answer:  Türkiye determines the tariff rates within the limits of its WTO bound rates by taking 
its WTO commitments into account. In this sense, Türkiye may increase the impo rt duties in 
accordance with the market conditions and requests from domestic producers. In assessment 
process for increasing import duties, market parameters such as the evolution of imports, 
production -consumption balance etc.  
 
Besides these national pa rameters, a growing number of countries has advocated for a shift 
towards economic independence. This shift has been prompted by a convergence of 
challenges —geopolitical tensions, the fragility of global supply chains provoked by the 
COVID -19 pandemic and environmental concerns.  
 
It is essential for nations to regain control over their domestic industries, supply chains, and 
critical resources to enhance national security and reduce vulnerabilities to external shocks. 
While the benefits of globalization an d interdependence have been apparent, recent events 
have caused a re-evaluation  of the risks involved, leading some countries to prioritize self -
reliance in the pursuit of protecting their nation's interests.  
 
Page 50, paragraph 3.22 : The Secretariat reports that Türkiye's applied customs duties and 
additional financial liabilities (AFLs) within a framework of annual updates to its overall import 
regime. The Secretariat notes that in Türkiye's Import Regime Decision No.  3350 of 2020, the li sted 
customs duties are applied on product categories based on the country or country groups where the 
products originated.  
 
15. Please explain the purpose of the AFLs, how they differ from ordinary customs 
duties, and how the rates are calculated.  
 
Answer:  AFLs can be adopted in ad valorem  or specific basis. For importers, AFLs do not 
differ from ordinary customs duties, since CDs, ACDs and AFLs together consist of Türkiye's 
MFN rate. Products subject to ad valorem  taxation, adjustments are made to maintain the 
total tax burden on the produ ct while a portion of tax is set as specific and the remainder is 
applied on an ad valorem  basis within the limits of bound rates.  
 WT/TPR/M/439/Add.1  
 
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  16. Since applied customs rates are differentiated by country of origin, please clarify 
how this aligns with the most -favoured  nation principle of Article  1 of the General 
Agreement on Tariffs and Trade, 1994.  
 
Answer:  Unless there is a preferential trade agreement, Türkiye does not differentiate its 
applied customs rates by country of origin.  
 
Page 51, paragraph 3.24 : The Secretariat reports that Türkiye applies ACDs on certain imports 
with the purpose of defending domestic producer's interests against imports that cause injury to 
domestic industry. The European  Union  and several other countries with regional trade agreemen ts 
are excluded from the additional customs duties.  
 
17. Please explain which WTO measures these ACDs are being applied to, and the 
means of notification to the WTO, if applicable.  
 
Answer:  The sum of ordinary customs duty (which is equivalent to the Common Customs 
Tariff applied under the Customs Union with the EU towards third country imports) and ACD 
and if there is, AFL for each product does not exceed Türkiye's WTO bound rates. Additional 
customs duties are implemented to all countries in accordance with  its WTO commitments and 
the MFN principle except the ones with whom Türkiye signed preferential trade agreements 
and the EU Member States.  
ACDs are basically applicable customs duties that have the same legal basis with CDs. 
Therefore, like the rest of CD amendments , the Presidential Decisions amending the ACDs are 
being published in Official Gazette.  
 
18. Please explain whether these ACDs are related to anti -dumping  or countervailing 
duties noted in section 3.1.6 (paragraphs 3.55 to 61) of the Secretariat's report or 
other measures related to the WTO.  
 
Answer:  ACDs are not related to anti -dumping  or countervailing duties and they are adopt ed 
based on different legal basis, as part of Türkiye's applied MFN duty.  
 
19. If so, can Türkiye please provide the results of these investigations?  
 
Answer:  ACDs are not adopted as a result of anti -dumping  or subsidy investigations.  
 
20. Please clarify Türkiye's timeline for reassessment of the additional customs duties 
against the applied imports.  
 
Answer:  Türkiye is periodically reviewing its tariffs and takes necessary actions to make 
amendments according t o the necessities of the international trade.  
 
Page 54, paragraph 3.30 : According to the Secretariat Report, a full comparison between Türkiye's 
bound and applied rates is not possible due to nomenclature differences between is HS02 
nomenclature and HS22 nomenclature.  
 
21. Please provide Türkiye's updated bound rate schedule based on its HS22 
nomenclature.  
 
Answer:  Türkiye is currently working to transpose its schedule to HS 2007. Before reflecting 
the HS amendments for the years 2012, 2017 and 2022, the control procedure  carried out 
regarding the HS 2007 amendment should be approved in the WTO Market Access Committee. 
The notifications will be made to the Committee in due course.  
 
22. Please explain why Türkiye's VAT on imported DDGs and corn gluten feed is 18 %, 
as compared to 1 % for other feed ingredients?  
 
Answer:  In Article  13/ı of the VAT Law, feed deliveries are included within the scope of the 
exemption, but starchery  residues and similar residues classified in the tariff position number 
2303.10 of the Turkish Customs Tariff Schedule (TGTC) and the pulp and residues of the 
brewing and distilled spirits industry classified in the HS No.  2303.30.00.00 are excluded.  WT/TPR/M/439/Add.1  
 
- 229 - 
 
  Accor ding to this provision; since the products named DDGS (Dried Distillers Grains with 
Solubles) in the form of "distilled, thawed, dried grains" defined in HS No.  2303.30.00.00.00 
of the TGTC and which is one of the inputs of animal feed; and corn gluten def ined in HS 
No. 2303.10.11.00.11 and 2303.10.19.00.11 of the same table are not considered within the 
scope of the lists (I) and (II) attached to the Cabinet Decree No.  2007/13033, the VAT rate 
of 20% is currently applied to the import and domestic delivery  of these products.  
 
Page 56, paragraph 3.34: The Secretariat reports that for all tariff items in its Goods Schedule, 
Türkiye has bound "other duties and charges" at non -zero rates for all items except for those marked 
"free". This includes taxes of 4% ap plied to imports arriving by maritime transport and 3% for 
imports arriving by road, rail, or air transport. However, information was not available on whether 
these taxes are still levied.  
 
23. Could Türkiye clarify whether it still imposes an additional transport tax on imported 
goods? If so, is the tax applied for all items not marked as free. If not, could Türkiye 
list the HS lines for which the tax applies?  
 
Answer:  Although Türkiye has bound to levy 4% tax on imports arriving by maritime 
transport and 3% for imports arriving by road, rail or air transport. Those taxes currently 
are not applied.  
 
24. Could Türkiye clarify whether the "Additional Financial Responsibility Tax" is an 
additional duty or charge that is applied for imported goods only, or if the tax is paid 
by importers and domestic producers alike?  
 
Answer:  Türkiye's MFN rate consists of CDs, ACDs and AFLs and all three components of 
duties are external taxes  that makes them only applicable for imported goods.   
 
Page 62, para 3.54:  We note that Türkiye has recently provided several Article  7.3 questionnaire 
notifications to the Committee on Import Licensing, bringing itself up to date with the respective 
notification obligation. We thank Türkiye for its continued transparency and engagement at that 
Committee.  
 
25. Will Türkiye be in a position to provide timely notifications of the annual Article  7.3 
questionnaire going forward?  
 
Answer:  Yes. 
 
Page 63, Table  3.12: The table notes the European  Union  is exempt from import licensing 
requirements applied to most fertilizers.  
 
26. What are the eligibility criteria to secure exemption from import licensing 
requirements for fertilizers?  
 
Answer:  According to the legislation published by the General Directora te of Imports of the 
Ministry of Trade, certain fertilizers are exempt from import licences if they are in free 
circulation in the European  Union . The European  Union  is exempted from import licensing 
procedure according to the Decision No 1/95 EC/Türkiye Association Council on implementing 
the final phase of the Customs Union.  
 
Pages 66 -67, paragraph 3.65:  According to the Report, the Law on Renewable Energy and 
Presidential Decree No.  3453 of 20 January  2021 guarantees feed -in tariff (FIT) rates for the 
purchase of electrical energy by renewable energy power plants and provides additional incentives 
to power plants using domestically produced mechanical and/or electro -mechanical products in the 
form of a top -up to the FIT.  
 
27. Will Türkiye include this program in its next subsidies notification pursuant to 
Article  25 of the Subsidies Agreement?  
 
28. Please discuss the local content element of the program in light of the provision 
under Article  3.1(b) of the Subsidies Agreement prohibiting subsidies contingent 
upon the use of domestic over imported goods.  WT/TPR/M/439/Add.1  
 
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Answer to questions 27 and 28:  Türkiye makes its subsidies notifications, including all its 
measures which it consider s as falling under the Agreement on SCM, to the relevant WTO 
Bodies.  
 
Page 69, paragraph 3.73 : The Secretariat reports that under temporary authorities given to the 
Ministry of Agriculture and Forestry, Türkiye has implemented multiple temporary quantitative 
export restrictions on agricultural products since its previous Trade Policy Review. Türkiye  did not 
publish the announcement of these export restrictions, including the start or end date, or provide 
notification to the WTO Committee on Agriculture (COA) as required.  
 
29. When does Türkiye intend on notifying the COA of all currently applied quantit ative 
export restrictions?  
 
Answer:  Türkiye shares the related information on those measures through the WTO Trade 
Monitoring Mechanism and will continue its efforts to provide necessary information to ensure 
transparency.  
 
Page 70, paragraph 3.77 : The Se cretariat reports that Türkiye has an Inward Processing Regime 
(IPR) to allow the import of raw material without paying customs duties.  
 
30. Please explain the verification procedures that Türkiye has in place to verify that the 
exported production of IPR certificate holders is of the same quality, characteristics, 
and quantity as what was imported duty free.  
 
Answer:  The United  States  notes t hat in May  2023, per Presidential Decision No.  7167, 
Türkiye raised its tariff on wheat (HS Code 100199) to 130 %. The United  States  understands 
that Turkish importers can still import wheat duty -free, provided that an equivalent amount 
of flour is exported  and verified using an inward processing certificate. Further, international 
trade in wheat and other grains is typically conducted on the basis of certain specifications, 
sometimes including country or region of origin. These simplifications convey certai n criteria 
about the product itself. Turkish Grain Board's (TMO's) daily bulletin distinguishes between 
red wheat, white wheat, low quality bread wheat, French Grade 1, German B, Russian, 
Ukrainian, U.S. Soft Red Winter, U.S. Hard Red Winter, and U.S Dark Northern Spring. There 
are varying degrees of substitutability between these and wide variations within each category 
based on other grading factors.  
 
31. Please indicate which of the following characteristics Türkiye takes into account, 
and how a determinati on is made under its IPR verification system of specific 
substitutes between imported and home market wheat under the HS codes 
100199000011 and 100119000000:  
● Protein  
● Test weight  
● Moisture content  
● Wet gluten content  
● Falling number  
● Bug damage  
● Foreign matter  
● Colour  
● Class  
● Defects  
 
32. Please also include any other criteria not listed.   
 
Answer to questions 30, 31 and 32:  IPR is implemented by granting Inward Processing 
Certificates (IPC) to importers. The imported goods under the IPC are being controlled at each 
stage of processes in order to confirm whether they are consumed in the production of the 
exported products. Dur ing the evaluation phase, input usage rates and waste rates are 
checked by the Ministry of Trade (Ministry) in accordance with the "Capacity Reports" and if 
needed "Expertise Reports" explaining the whole production processes of the company which 
are prepa red by the relevant Chamber of Commerce and Industry. Then, HS codes provided 
by the companies are checked regarding their accuracy. During both exportation and WT/TPR/M/439/Add.1  
 
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  importation, Customs Authorities take all necessary steps to confirm the sameness between 
the imported goods and the inputs in finished export products in order to ensure that all 
imported products are processed in exported products.  
The Ministry accounts for waste in the system for raw material inputs, and takes steps to 
ensure that all imported raw materials are consumed in exported products, allowing for a 
normal allowance for waste. Waste/yield ratio can differ according to product, technological 
structure, type of production processes etc. Ministry uses the information in the capacity  
report to evaluate whether the input usage rate and waste rate tables declared by the 
company are accurate.  
 
After the whole process is finished, the firms apply to the Ministry for closure of the IPC. 
Customs declarations, consumption rates and other rel ated documents are examined by the 
Ministry to ensure that imports and exports are carried out in accordance with the certificate. 
When the authorities establish that imported goods are not exported within the processed 
product, customs duties are collecte d together with the interest and a fine and any abuse of 
rights under the IPR system may face serious smuggling penalties under related legislations.  
 
IPC holders are being subject to random checks along with regular controls of Ministry officials. 
Due to results of these procedures, an inspection with the purpose of cross checking whether 
the actual waste/yield ratios comply with the declared ratios in IPC can be initiated. Sanctions 
would also be imposed as a result of these inspections if an infringement  is determined.  
 
Page 85, paragraph 3.120 : According to the Secretariat Report, the  "Turkish Food Codex is 
prepared by taking into account the needs for Türkiye based on the EU acquis, FAO/WHO standards, 
and internationally accepted scientifically based a pproaches, and the legislation is updated as a 
result of the scientific assessment of the determined criteria, taking into account potential physical, 
chemical, and microbiological risks ."  
 
33. Please provide further detail on how Türkiye determines the stand ards set within 
Turkish Food Codex.   
 
Answer:  The Ministry of Agriculture and Forestry has a Risk Assessment Department under 
the General Directorate of Food and Control. Türkiye has been working on harmonization with 
the EU legislation in the field of food safety for many years due to its status as a candidate 
country to the European  Union , and international food legislation (standards, guidelines and 
codes of practice of the Codex Alimentarius Commission) are utilized in the preparation of 
legislation since there is no regulation in the EU legislation. Turkish Food Codex is also 
prepared for traditional products, taking into account national practices and consumer 
interests.  
 
The Department conducts risk assessments on animal health and welfare, plant health, feed 
and food safety based on scientific principles. Through Scientific Commissions composed of 
experts from research institutes, research organizations and relevant faculties of universities 
and/or other experts, the Department conducts analyses t hat form the basis of risk 
assessments and provides scientific opinions. In addition, Türkiye conducts its trade relations 
in accordance with transparency and other WTO principles.  
 
34. If the EU acquis , FAO/WHO, and an international standard exists for a cert ain 
product, how does Türkiye determine which of the three standards to align with?  
 
Answer:  If there is legislation committed to be harmonized under the Customs Union and the 
Chapter 12 of Türkiye's EU Accession Negotiations, the aim is to fully harmoniz e this legislation 
first. However, if there is a deviation from the EU due to country needs, national criteria are 
established taking into account national risk assessments and other international standards. 
The drafts prepared at the end of this process a re notified to the WTO and comments are 
taken into account. In the absence of any regulation in the EU legislation, international food 
legislation (standards, guidelines and codes of practice of the Codex Alimentarius Commission) 
is taken into consideratio n when drafting legislation. In addition, Turkish Food Codex is also 
prepared for traditional products, taking into account national practices and consumer 
interest.  
The legislation is prepared on the basis of SPS principles, taking into account the releva nt 
international standards, as well as the standards of other countries and the needs of Türkiye . WT/TPR/M/439/Add.1  
 
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35. Please explain the status of Türkiye's ongoing plans to harmonize its MRL 
regulations with Codex MRLs.  
 
Answer:  Türkiye is working on harmonization of it's legislation with that of the EU legislation 
in the field of food safety due to its status as a candidate country to the European  Union   
Green Deal Action Plan was prepared by the Ministry of Trade and the Preside ntial Circular 
No. 2021/15 regarding the said Action Plan was published in the Official Gazette dated 
16 July 2021. The Action Plan includes a total of 32 targets and 81 actions under 9 main 
headings. Under the heading of 'Sustainable Agriculture', the fol lowing targets related with 
the MRL's has been set (the action plan does not set quantitative targets):  
- Reducing use of pesticides and anti -microbials in line with the EU's targets,  
- Expanding use of biological and biotechnical control methods,  
- Reducing use of chemical fertilizers,  
- Enhancing organic agricultural production,  
- Informing the public about Farm to Fork and Biodiversity Strategies of the European 
Commission.  
 
Page 85, paragraph 3.121 : According to the Secretariat Report, Türkiye con tinues to harmonize 
its national SPS regulations with the EU acquis .  
 
36. Please explain whether Türkiye conducts its own scientific, risk -based assessments 
to develop approaches to SPS regulations.  
Answer:  Due to its status as a candidate country to the European  Union , Türkiye is working 
on harmonization of its legislation wit h the EU legislation in the field of food safety. Under Law 
No. 5996 (partial harmonization with EC/178/2002), the Risk Assessment Department was 
established in 2011 in the MAF to ensure independent, impartial, transparent and science -
based risk assessment s. The Department provides scientific advice, scientific support and 
technical assistance to risk managers in the MAF. The Department carries out these tasks 
through different Scientific Commissions composed of experts from research institutes, 
research or ganizations and relevant faculties of universities and/or other experts, as specified 
in the Law No.  5996. At the same time, in order to support the work of the scientific 
commissions, necessary actions are taken regarding the development of their infrastr ucture 
and data needs.  
 
Page 93, table 3.22 : The Secretariat reports that the Turkish Grain Board (TMO) is a 100 % publicly 
owned entity. TMO operates by buying and selling in the grain market.  
 
37. Please explain who appoints the board members for TMO.  
 
Answer:  The Chairman, Board of Directors and Members are appointed by Presidential 
Decree.  
 
38. Please explain what regulatory procedures are in place to ensure that TMO acts in 
accordance with commercial considerations and operates on the grounds of 
profitability.  
 
Answer:  In accordance with its Main Status, the TMO acts in accordance with the principles 
of profitability and efficiency while conducting its activities.  
 
39. Since the previous Trade Policy Review in 2016, has any non -commercial support 
(i.e. grants, debt forgiveness, loas, loan guarantees, state equity or capital) been 
provided to TMO ?  
 
Answer:  The Treasury may cover the cost upon the assignment of TMO, within the scope of 
security of supply arising from extraordinary conditions such as pandemics, wars and 
earthquakes.  
 
40. According to Presidential Decree Number 649 issued in the Official Gazette on 
15 January  2019, TMO is authorized to import the below commodities in the 
corresponding amounts, duty free.  WT/TPR/M/439/Add.1  
 
- 233 - 
 
   
 
According to the decree, this authorization is automatically renewed on an annual 
basis unless preemptively terminated by announcement in the Official Gazette. 
Please provide the list of commodities and quantities that TMO imported duty free 
according to t his decree from 2019 -2022.  
 
Answer:  Notwithstanding authorization to import duty -free by the Presidential Decree, the 
customs duty on the products in question was applied as "0" from 30  April 2021. Accordingly, 
the TMO has been importing duty-free like all other private sector organizations since this 
date. 
 
Within the scope of the tariff rate quotas issued by the Presidential Decree Number 649, the 
Ministry of Trade issued import licences for the requested amounts. On the other hand, the 
final decision regarding the utilization of quota is the responsibility of the applicant, and in 
that respect the Ministry of Agriculture and Forestry does not monitor the utilization of it.  
 
41. Do any other entities have a similar authority to import or export agricultural 
commodities without paying customs or other duties? If so, please provide the list 
of entities and the commodities and quantities from 2016 -2022.  
 
Answer:  Within the framework of the Import Regime Decision (O.G. No.  31351  dated 
31 December  2020 and Presidential Decree No.  3350), there is no customs duty exemption 
granted to any specific entity or company.  
 
42. Please provide the average purchase prices TMO paid for both foreign imports and 
domestically produced goods specified above, as well as the average selling price 
for commod ities from 2016 -2022. The United  States  understands that according to 
Türkiye's Ministry of Finance, TMO will no longer sell grain below cost.   
 
Answer:  This information can be reached through the website of the TMO 
https://www.tmo.gov.tr/   
 
43. Please explain the reasoning behind TMO's new policy.  
 
Answer:  In accordance with its Main Status, the TMO acts in accordance with the principles 
of profitability and efficiency in its operations.  
 
Page 104, paragraph 3.188:   
44. Can Türkiye confirm that the anti -circumvention measures described in this 
paragraph apply to technological measures that control access to 
copyright -protected works?  
 
Answer:  The Article 72 of the Law on Intellectual and Artistic Works amended with its title in 
December  2021 is provided below.  
"Circumventing Technological Measures:  
Any person who,  
- manufactures, imports, distributes, sells, rents or possesses the products and devices 
for commercial purposes,  
- provides the services of advertising, marketing, design or applica tion of the products 
and devices,  intended to circumvent effective technological measures provided with 
the protection or reproduction control mechanisms such as access control or 
encryption methods on purpose of protecting the rights laid down in this Law  so as to HS Code  Description  Tariff Quota Amount (Tons)  
07.13  Dried leguminous vegetables, whether or 
not skinned or split  100,000  
10.01  Wheat and meslin  1,000,000  
10.03  Barley  700,000  
10.05  Corn  700,000  
10.06  Rice 100,000  WT/TPR/M/439/Add.1  
 
- 234 - 
 
  control the use of works, performances, phonograms, productions and publications, 
shall be sentenced to imprisonment from six months to two years."  
 
Thus, the Law protects all kinds of content, all works, performances, phonograms, film 
production s, and broadcasts, against circumventing technological measures.  
 
Page 104, paragraph 3.189:  According to Table  A3.6, levies collected from the manufacture or 
importation of reproduction media or equipment are used for "strengthening the IP system and 
supporting cultural and artistic activities."  
 
45. Can Türkiye confirm that these purposes include direct reimbursement to copyright 
owners?  
 
Answer:  There is no direct reimbursement system in Türkiye to that end. In Türkiye's 
legislation and execution, levies collected by the Ministry of Culture and Tour ism from 
goods/devices which are mentioned in article 44 of the Law on Intellectual and Artistic Works 
to strengthen the IP system and supporting cultural and artistic activities. After collecting fees, 
the Ministry supports some activities done by artists , right holders and Collective Management 
Organisations. Thus, the levies collected by the Ministry is used indirectly for copyright owners. 
The activities are listed in the "the Regulation on the Procedures and Principles for the Use of 
Deductions Made fr om the Costs of Supporting Materials Containing Intellectual and Artistic 
Works and Technical Devices for the Reproduction of These Works". Some examples of 
supported activities with these fees/levies are:   
 
The income collected in a special account opened in a national bank as a result of the 
deductions made according to Article  44 of Law No.  5846 are used for covering the below 
mentioned expenses in order to strengthen the intellectual property system and to carry out 
cultural and artistic activitie s; 
- Expenses for providing participation, organization and support of any kinds of national 
and international meetings, conferences, seminars and similar organizations in the field 
of intellectual property,  
- Any kinds of payments and expenses regarding the i mplementation related to technical 
inspection, promotion, representation, research, preliminary study, project, printed 
materials and publications to be made or caused to be made in the field of intellectual 
property,  
- Expenses required for strengthening in tellectual property system and compulsory 
expenses made in the scope of inspection activities of provincial inspection commissions 
established in provincial governments for the purpose of fighting piracy activities,  
- Expenses for organizing and publishing a ny kind of raising awareness activities within the 
scope of strengthening intellectual property system and fighting against piracy,  
- Any kind of expenses made related to purchasing, renting, maintenance and repairs of 
hardware, software, necessary environme nt units and establishing a database for the 
purpose of following up intellectual property rights,  
- Expenses for organizing festivals and similar unilateral and multilateral activities for the 
domestic and external promotion of our country under cultural an d artistic activities,  
- Expenses related to strengthening the intellectual property system, carrying out cultural 
and artistic activities or supporting projects related to these areas, to be carried out by 
the Collecting Societies and real/ legal persons,  
- Expenses related warehouses built for the purpose of preserving the materials seized 
within the scope of fighting against piracy activities,  
- Expenses for the purpose of continuing the activities of the Copyright Training Center 
established within the Intell ectual Property Academy.  
 
Page 104, paragraph 3.190:   
46. Can Türkiye confirm that its new Regulation on Professional Associations in the 
Field of Copyright allows full participation and membership of foreign rights -
holders?  
 
Answer:  By-laws on the Collecting societies and Federations for the Authors of the Intellectual 
and Artistic Works and Restricted Right holders , which was the main legislation regulating the 
issues related with collective management organisations, was revoked and Regulation on 
Collecting Societies in the Field of Copyright was published on 7 April 2022.  WT/TPR/M/439/Add.1  
 
- 235 - 
 
  New Regulation aims to harmoni ze the amendments of Law no. 5846 on Intellectual and 
Artistic Works, national developments related with collecting societies, and Dir ective 
2014/26/EU of the European Parliament and of the Council of 26  February  2014 on collective 
management of copyright and related rights and multi -territorial licensing of rights in musical 
works.  
 
In this regard, collecting societies shall perform the ir duties in transparent, participatory and 
accountable manner. To elaborate, collecting societies shall determine membership criteria in 
an objective, transparent and non -discriminatory criteria. In that regard, any right holder, 
fulfilling the criteria, can get membership regardless of nationality status and exercise the 
rights stemming from membership. In other words, a collecting society can not discriminate 
among different nationalities. On the other hand, there is an exception for legal persons. Right  
holders, that are legal persons, should be established in accordance with the relevant Turkish 
Legislation. This exception has been in force since 1999. In addition to the issue of full 
membership of foreign enterprises being on our agenda, our evaluation  studies continue in 
terms of its sectoral effects.  
 
Page 105, paragraph 3.3.7.3 :  
47. The Secretariat report does not provide complete statistics related to IP 
enforcement. What is the status of Türkiye's legal protection of trade 
secrets/undisclosed information? Please report on the number of civil and criminal 
cases in this area, includin g their resolution or status.  
 
Answer:  The statistics obtained from the "Judicial Data Bank" within the scope of the 
Intellectual and Artistic Works Law No.  5846 and the Industrial Property Law No.  6769 for the 
period of 1  January  2021 to 5 November  2023 throughout Türkiye are presented in four tables 
based on the distinction of the public prosecutor's office, criminal and civil courts.  
 WT/TPR/M/439/Add.1  
 
- 236 - 
 
  Table  1 
 
 
FILE OPENED INCRIMINAL LAW 
NO.NUMBER OF 
FILESNUMBER OF 
SUSPECTSNUMBER OF 
OFFENCES
2021 5846 4 389 4 724 6 288
2021 6769 16 219 17 796 22 305
2022 5846 6 167 6 580 8 055
2022 6769 16 667 17 499 22 171
2023 5846 3 206 3 414 4 024
2023 6769 13 897 14 430 17 994INVESTIGATION FILES OPENED IN THE RELEVANT YEAR BY CHIEF PUBLIC 
PROSECUTOR'S OFFICES UNDER THE LAW NO. 5846 ON INTELLECTUAL AND 
ARTISTIC WORKS AND THE LAW NO. 6769 ON INDUSTRIAL PROPERTY, AND  
SUSPECTS AND OFFENCES INCLUDED IN THE FILES (01.01.2021-05.11.2023)
Note#1: The information inthetable above isthedata entered into UYAP Information
System bytheChief Public Prosecutor's Offices. While evaluating thedata, itwould be
appropriate totake into account thefact that errors may occur due toincomplete or
incorrect entry, or no entry at all, of the data in question.
Note#2: The number ofsuspects iscounted based ontheroles oftheparties inthefile.
(Since aperson may beinvestigated formore than one offence, thesame person may
have been counted asasuspect formore than once. While evaluating the data, this
should be taken into account.)
Note#3: The data were generated based onthefileopening date. Alloffences inthe
opened files were separately counted, thenumber ofthefiles involving theoffence and
the number of suspects were counted.
Note#4: The data were compiled bytheDirectorate General forCriminal Records and
Statistics from thescreens oftheJudicial Data Bank asof06/11/2023, covering theperiod
between 01/01/2021 and 05/11/2023. While evaluating thedata, itshould betaken into
account that there may be changes due to updates.
Note#5: Due tocounting technique changes and updates, there may bedifferences
between the statistical data presented inthe publication ofJustice Statistics and the
statistical data inthework wepresented from livescreens within thescope oftheJudicial
Data Bank. Inaddition, since these statistics arenotpublished within thescope ofthe
Official Statistics Programme, itisnotdeemed appropriate toshare them with third party
institutions/organisations.WT/TPR/M/439/Add.1  
 
- 237 - 
 
  Table  2 
 
 
Table  3 
 
 
NUMBER OF 
FILESNUMBERS OF 
SUSPECTSNUMBER OF 
OFFENCESNUMBER OF 
FILESNUMBERS OF 
SUSPECTSNUMBER OF 
OFFENCESNUMBER OF 
FILESNUMBERS OF 
SUSPECTSNUMBER OF 
OFFENCES
2021 5846 2 369 3 120 3 384 1 161 1 368 1 687 1 467 1 584 2 091
2021 6769 6 842 8 313 8 899 6 003 7 064 8 504 3 075 3 322 4 221
2022 5846 3 280 4 011 4 232 1 133 1 377 1 688 1 202 1 312 1 685
2022 6769 6 929 8 533 8 894 5 534 6 689 7 782 3 536 3 898 4 977
2023 5846 2 518 3 024 3 125  942 1 181 1 362  640  739  917
2023 6769 5 832 7 275 7 534 5 350 6 489 7 268 3 142 3 450 4 240
Note#1: Theinformation inthetable above isthedata entered into UYAP Information System bytheChief Public Prosecutor's Offices. While evaluating thedata, itwould
be appropriate to take into account the fact that errors may occur due to incomplete or incorrect entry, or no entry at all, of the data in question.
Note#2: The number ofsuspects iscounted based ontheroles oftheparties inthefile. (Since aperson may beinvestigated formore than one offence, thesame person
may have been counted as a suspect for more than once. While evaluating the data, this should be taken into account.)
Note#3: The data were generated based onthefileopening date. Alloffences intheopened files were separately counted, thenumber ofthefiles involving theoffence
and the number of suspects were counted.
Note#4: The data were compiled bytheDirectorate General forCriminal Records and Statistics from thescreens oftheJudicial Data Bank asof06/11/2023, covering the
period between 01/01/2021 and 05/11/2023. While evaluating the data, it should be taken into account that there may be changes due to updates.
Note#5: Due tocounting technique changes and updates, there may bedifferences between thestatistical data presented inthepublication ofJustice Statistics and the
statistical data inthework wepresented from livescreens within thescope oftheJudicial Data Bank. Inaddition, since these statistics arenotpublished within thescope
of the Official Statistics Programme, it is not deemed appropriate to share them with third party institutions/organisations.
Other decisions: Decision oflack ofvenue, summary ofproceedings, decision oflack ofjurisdiction, decision ofjoinder, decision onsending toanother bureau, additional
decision of non-prosecution etc.DISTRIBUTION BY DECISION TYPE OF INVESTIGATION FILES CLOSED IN THE RELEVANT YEAR BY CHIEF PUBLIC PROSECUTOR'S OFFICES UNDER THE LAW NO. 
5846 ON INTELLECTUAL AND ARTISTIC WORKS AND THE LAW NO. 6769 ON INDUSTRIAL PROPERTY, AND  SUSPECTS AND OFFENCES INCLUDED IN THE FILES 
(01.01.2021-05.11.2023)
FILE CLOSED 
INCRIMINAL 
LAW NO.DECISION OF NON-PROSECUTION PUBLIC PROSECUTION OTHER DECISIONS
NUMBER 
OF FILESNUMBER OF 
ACCUSED 
PERSONSNUMBER OF 
OFFENCESNUMBER 
OF FILESNUMBER OF 
ACCUSED 
PERSONSNUMBER OF 
OFFENCESNUMBER 
OF FILESNUMBER OF 
ACCUSED 
PERSONSNUMBER OF 
OFFENCESNUMBER 
OF FILESNUMBER OF 
ACCUSED 
PERSONSNUMBER OF 
OFFENCES
2021 5846  765  667  843  320  384  404  523  563  574  551  635  740
2021 6769  994  995 1 099 1 315 1 443 1 521 3 259 3 334 3 465  666  729  765
2022 5846  707  656  772  379  460  493  501  524  544  472  505  613
2022 6769  955  957 1 036 1 294 1 525 1 613 3 127 3 231 3 326  683  755  792
2023 5846  342  334  371  281  317  324  361  384  399  287  314  335
2023 6769  954  955 1 009  808  928  937 2 488 2 572 2 616  531  605  620
Note#1:  The information in the table above is the data entered into UYAP Information System by the Chief Public Prosecutor's Offices. While evaluating the data, it would 
be appropriate to take into account the fact that errors may occur due to incomplete or incorrect entry, or no entry at all, of the data in question.
Note#2: The number of suspects is counted based on the roles of the parties in the file. (Since a person may be investigated for more than one offence, the same person 
may have been counted as a suspect for more than once. While evaluating the data, this should be taken into account.)
Note#3: The data were generated based on the file opening date. All offences in the opened files were separately counted, the number of the files involving the offence 
and the number of suspects were counted.
Note#4: The data were compiled by the Directorate General for Criminal Records and Statistics from the screens of the Judicial Data Bank as of 06/11/2023, covering the 
period between 01/01/2021 and 05/11/2023. While evaluating the data, it should be taken into account that there may be changes due to updates.
Note#5: Due to counting technique changes and updates, there may be differences between the statistical data presented in the publication of Justice Statistics and the 
statistical data in the work we presented from live screens within the scope of the Judicial Data Bank. In addition, since these statistics are not published within the scope 
of the Official Statistics Programme, it is not deemed appropriate to share them with third party institutions/organisations.
Other decisions: Decision of no penalty, decision of  dismissal, decision of no judgment etc.DISTRIBUTION BY DECISION TYPE OF FILES JUDGED IN THE RELEVANT YEAR BY CRIMINAL COURTS UNDER THE LAW NO. 5846 ON INTELLECTUAL AND 
ARTISTIC WORKS AND THE LAW NO. 6769 ON INDUSTRIAL PROPERTY, AND ACCUSED PERSONS AND OFFENCES INCLUDED IN THE FILES (01.01.2021-
05.11.2023)
FILE 
DECIDED INCRIMINAL 
LAW NO.CONVICTION ACQUITTALSUSPENSION OF 
PRONOUNCEMENT OF 
JUDGMENTOTHER DECISIONSWT/TPR/M/439/Add.1  
 
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  Table  4 
 
 
Page 105, paragraph 3.206:  The Secretariat notes that "IPR cases tend to take a least a year to 
complete and it is not unusual for cases to exceed the statute of limitations and therefore be 
dropped."  
 
48. Please clarify the statute of limitations process. Is it the case that a civil court 
proceeding must be concluded before the end of the statute of limitations period, or 
the case will be dismissed?  
 
49. If that is the case, what recourse does the right holder  have, especially in instances 
where it has no control over the length of a court case?       
 
Answer  to questions 48 and 49:  The situation described in the Secretariat Report and 
referred in these questions is not clear. For this reason, please elaborate on that.  
 
Page 114, paragraph 4.11 : The Secretariat report states that the TMO's purchase prices were 
determined by taking in to account market conditions in domestic and foreign markets.  
 
50. Please explain in more detail Türkiye Grain Board's formula to determine these 
purchase prices.  
 
Answer:  TMO takes into account many financial parameters such as economic indicators, 
world prices, raw material supply of the agricultural industry, developments in domestic and 
foreign markets, and consumer prices while determining the purchase price.  
 
51. Is the p rocess of taking into account market conditions more qualitative, and if so, 
what qualitative factors affect price decisions?  
 
Answer:  TMO takes into account many financial parameters such as economic indicators, 
world prices, raw material supply of the agricultural industry, developments in domestic and 
foreign markets, and consumer prices while determining the purchase price.  
 
52. What oth er quantitative or qualitative factors does Türkiye consider to determine 
grain board prices?  
 
Answer:  TMO takes into account many financial parameters such as economic indicators, 
world prices, raw material supply of the agricultural industry, developments in domestic and 
foreign markets, and consumer prices while determining the purchase price.  
 
Page 117 , paragraph 4.24 : This paragraph mentions both an "Agriculture Insurance and Disaster 
Payment" and a "state -supported agricultural insurance TARSIM".  
Partial acceptance - Partial 
dismissalFull acceptance Dismissal Other decisionsTotal decision 
number
2021Number of files heard by Civil Courts 
of First Instance in their capacities as 
Civil Courts of Intellectual and 
Industrial Property Rights (CCIIR)  824  185  242  361  171  959
2021Civil Courts of Intellectual and 
Industrial Property Rights3 946  978 1 173 1 832  522  4 505
2022Number of files heard by Civil Courts 
of First Instance in their capacities as 
Civil Courts of Intellectual and 
Industrial Property Rights (CCIIR) 876  193  282  433  185  1 093
2022Civil Courts of Intellectual and 
Industrial Property Rights3 084  833 1 056 1 687  472  4 048
2023Number of files heard by Civil Courts 
of First Instance in their capacities as 
Civil Courts of Intellectual and 
Industrial Property Rights (CCIIR) 285  159  381  452  160  1 152
2023Civil Courts of Intellectual and 
Industrial Property Rights 694  689  833 1 461  444  3 427
Note#2: Theinformation inthetable above isthedataentered intoUYAP Information System bytheCivilCourts. While evaluating thedata, itwould beappropriate totakeintoaccount thefactthaterrors mayoccur duetoincomplete orincorrect
entry, or no entry at all, of the data in question.
Note#3: Duetocounting technique changes andupdates, there maybedifferences between thedataannually published byourDirectorate General andthestatistical datainthework wepresented from livescreens within thescope oftheJudicial
Data Bank. In addition, since these statistics are not published within the scope of the Official Statistics Programme, it is not deemed appropriate to share them with third party institutions/organisations.Files opened and judged by Civil Courts under the Laws nos. 5846 and 6769, TÜRKİYE ( 01.01.2021 - 05.11.2023 )
YEAR UNIT NUMBER OF OPENED FILESNUMBER OF FILES JUDGED
Note#1: Thestatistical datagenerated were compiled byourDirectorate General from thedataonthescreens ofthe"Judicial Data Bank" asof06.11.2023, based onfileopening andclosing dates, covering theperiod between 01.01.2021 and
05.11.2023. While evaluating the data, it should be taken into account that there may be changes due to updates.WT/TPR/M/439/Add.1  
 
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  53. Please explain what is the difference between these two programs.  
Answer:  The risks and products to be co vered under State -Supported Agricultural Insurance 
in accordance with Article  12 of the Agricultural Insurance Law No.  5363, which stipulates that 
the coverage for plants, crops and greenhouses, agricultural structures, agricultural tools and 
machinery and livestock shall be provided for damages caused by drought, hail, frost, flood, 
groundwater inundation, storm, tornado, earthquake, landslide, fire, accidents and damages 
caused by pests and animal diseases and/or other risks deemed important for the agricultural 
sector are determined by the President. The risks and products included in the General Terms 
and Conditions and Tariffs and Instructions of State Supported Agricultural Insurance prepared 
within the framework of this article are covere d. 
 
On the other hand, "Disaster Payment" is a program that aims to support farmers affected by 
natural disasters not covered by TARSIM.  
 
Page 119, paragraph 4.27 : Table  4.8 shows that Türkiye government support for wheat was 
TRY 23.3 billion in 2021, the highest support value for any commodity listed in the table and 62.6% 
of gross receipts.  
 
54. How was eligibility determined for these payments?  
 
Answer:  Agricultural subsidies are provided within the scope of the Presidential Decree issued 
every year and the communiqués on implementation principles issued under this Decree. 
According to the relevant legislation, they are given to farmers who are registered  in the 
systems of the MAF and meet the necessary conditions.  
Note: In the question, the term "billion" was taken mistakenly instead of "million".  
 
Page 119, paragraph 4.27 : Table  4.8 shows that Türkiye government support for potatoes was 
90.8% of gross receipts in 2021, compared to 38.8% of gross receipts in 2020.  
 
55. What accounted for the increase in support to potatoes?   
 
Answer:  All agricultural supports are closely correlated with the input prices and should be 
evaluated in the time period granted.  
 
Page 120, paragraph 4.28 and 4.29 : According to the Secretariat Report, Türkiye has notified 
export subsidies on agricultural products, between the years 2016 and 2021, t o the WTO Committee 
on Subsidies and Countervailing Measures. However, the United  States  notes that Türkiye has not 
submitted export subsidy notifications (ES:1) for the calendar years 2015 through 2021 to the 
Committee on Agriculture (CoA). The CoA monito rs not only the Agreement on Agriculture (AoA), 
but also the implementation of the 2015 Nairobi Ministerial Decision on Export Competition, and the 
requirement to reduce and eliminate all export subsidies for agricultural products.  
 
56. Please explain whether Türkiye has eliminated export subsidy entitlements at the 
end of 2022, and/or whether Türkiye has provided, or is implementing export 
subsidies in accordance with the provisions of Article  9.4 of the AoA until the end of 
2023 as per paragraph 8 of the 2015 Nairobi Ministerial Decision.   
 
Answer:  Türkiye eliminated entitlements (Export Subsidy Programme for Agricultural 
Products" -Decree No.  2018/12) at the end of 2022 for products or groups of products, in 
accordance with the Nairobi Ministerial Decision on Export Competition. (Presidential Decree 
No. 6614).  
 
57. The United  States  understands that the Ministry of "Ekonomi Bakanlığı" operates a 
Freight Support for Exports Program under a Decision entitled "İhracat 
Taşımalarına Navlun Deste ği".  
Please explain whether agricultural products are eligible to receive freight support 
under this program. If so, please confirm the years that Türkiye authorized such 
freight support program.   
 
58. Please provide a detailed description of the program, a copy of the legal measures 
authorizing these subsidies, and subsequent implementing measures.  
 WT/TPR/M/439/Add.1  
 
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  59. What are the eligible destinations?  
 
Answer to question  57, 58 and 59:  Türkiye does not provide freight support. Türkiye is 
well aware of its commitments stemming from the WTO Agreement on Agriculture and the 
Nairobi Ministerial Decision on Export Competition. Türkiye attaches utmost importance to the 
implementation of the W TO Ministerial Decisions. In this regard, Türkiye's agricultural policies 
are in compliance with its commitments and the Nairobi Decision on Export Competition.  
 
Page 21 Paragraph 1.25:  "According to the OECD, Türkiye increased its participation in GVCs from 
8.8% in 1995 to 20.9 % in 2018, mostly due to the manufacturing sector whose domestic share of 
value -added meeting foreign final demand rose from 33.8 % to 41.7 % over the period.  
 
60. What policies did Türkiye implement to increase it s participations in the GVC over 
the last 30 years?  
 
Answer:  Türkiye has implemented a number of reforms to make the country's investment 
environment predictable and transparent. These reforms include:  
- Presidential Decision No.  31760 : This decision, promulgated in February  2022, 
requires regulatory impact analysis (RIA) to be conducted on all draft legislation. RIA is 
a process that assesses the potential impact of new regulations on businesses, 
consumers, and other stakeholders. This helps to ensure that new regulations are 
necessary, effective, and efficient, and that they do not impose undue burdens on 
businesses.  
- Establishment of specialized courts:  The Turkish judicial system has established 
specialized courts in a number of areas, inclu ding cybercrime, consumer complaints, 
expropriation, and financial disputes. These courts are staffed by judges and prosecutors 
with specialized knowledge in the relevant area of law. This facilitates faster and more 
efficient judicial processes, resulting  in more accurate decisions. This is particularly 
important for complex and technical cases, where specialized knowledge is essential.  
- Annual action plans based on the World Bank's Ease of Doing Business 
Index:  We have prepared annual action plans based on  the World Bank's Ease of Doing 
Business Index. These plans have led to a number of reforms, such as:  
− Reducing the cost and time of company establishment procedures  
− Improving the company liquidation processes  
− Improving the building permit processes provided by municipalities  
− Reducing various costs related to foreign trade transactions  
− Accelerating land registry procedures  
− Facilitating infrastructure permit processes such as telecommunications 
infrastructure permits  
− Simplifying commercial re gistry procedures  
These reforms have made it easier and less costly for businesses to invest in Türkiye. They 
have also helped to create a more transparent and predictable investment environment, which 
is essential for attracting and retaining foreign inve stment.  
 
The need for a framework law on the protection of private sector investments is diminished 
as a result of aforementioned reforms. These reforms have already made significant progress 
in enhancing predictability, reducing red tape, and offering sol utions to issues encountered 
during the investment process.  
 
However, a framework law could still provide some additional benefits. For example, it could 
codify our government's commitment to protecting private sector investments and provide a 
clear and co nsistent framework for resolving disputes between investors and Türkiye.  
 
Page 47 Paragraph 3.7 : "At the time of Türkiye's previous Review, import clearance was normally 
completed within 24 hours for imports of goods through all transport modes, provided documentary 
requirements were met" … "Pre -arrival processing has been implemented for imports of raw and 
semi-finished goods (goods that are inputs to production) arriving by maritime transport (from 2019) 
and air transport (from 2021). Declaratio n data must be submitted prior to arrival and the aim is to 
speed up customs clearance of these items. To simplify the exchange of messages and data that 
need to be submitted by ships and shipping agents, a Port Single Window System was established 
in July  2018." 
 WT/TPR/M/439/Add.1  
 
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  61. How have these changes in customs procedures affected import clearance time?  
Answer:  Pre arrival processing, as a recent addition to the customs clearance methods, has 
been increasing in terms of applications, number of declarations and types of goods. As 
preferred mostly by the importers of raw materials and semi -finished goods, the figures are 
indicating the success in minimizing the customs clearance time and showing that the trade 
facilitation goal has been achieved. In the forthcomin g years, there will be considerations on 
whether it should be extended to the railway transport or not and there will be discussions 
about the necessity for expanding the list of the goods subject to the PAP due to the 
expectations from the importers.  
 
Page 85 Paragraph 3.120:  "The authorities indicate that Turkish Food Codex is prepared by taking 
into account the needs of Türkiye based on the EU acquis , FAO/WHO standards, and internationally 
accepted scientifically based approaches, and the legislation is updated as a result of the scientific 
assessment of the determined criteria, taking into account potential physical, chemical, and 
microbiological ris ks."  
 
62. Does Türkiye plan on reviewing its national food safety laws for consistency with 
international standards or science -based decision -making?  
 
Answer:  The sanitary and phytosanitary regulations for the period 2016 -2022 are included 
in the Report. SPS  regulations have a dynamic process and are updated periodically in line 
with the demands from other stakeholders and consumers, technological changes in the 
sector, etc. Türkiye notifies its regulatory initiatives in scope of the Agreement on a timely 
manner.  
 
Page 14, paragraph 4.3:  
63. How does KOSGEB define success of its five -year SME integration plan?  
 
Answer:  KOSGEB designs the support it offers to SMEs within five -year strategic plans. During 
the preparation phase of the strategic plan in question, the opinions and suggestions of SMEs 
are taken through an external stakeholder survey.  
 
64. What are the metrics that KOSGEB will use to measure the success of the 
aforementioned plan?  
 
Answer:  KOSGEB Strategic Plan is implemented annually with a pe rformance program and 
the results are monitored with the administration activity report. The success of the plan is 
measured with the performance indicators included in the strategic plan.  
 
Page 17, paragraph 4.34:   
65. With regard to Türkiye's "Green Development Revolution" section of the 11th 
Development Plan; how will this environmental protection plan differ from the 
earlier iterations expressed in the 10th Development Plan and be successfully 
implemented?  
 
Answer:  Türkiye's main objective with regards to environment is to preserve and protect the 
environment and natural resources, ensure effective, integrated and sustainable 
management, implement climate -friendly practices in all areas, and increase environmental 
awareness and sensitivity of all segments of the society. This objective has been inherited 
from previous development plans, which also capitali ze on the importance of environmental 
protection.  
 
Türkiye is determined to expedite its decarbonization efforts and pave the way to reach its 
2053 net -zero emissions target by considering national circumstances with the new 
development plan. The plan (2024 -2028), designed with a long -term perspective has be en 
approved by the Parliament and comes into force. In the 12th Development Plan, "Competitive 
production with green and digital transformation" constitutes one of the main axes. In the 
new plan, the necessary transformative acts to build resilient socioec onomic and ecological 
systems have been prioriti zed, and investments are expected to accelerate in areas such as 
clean energy production and energy efficiency, green transformation in industry, sustainable 
transport, waste management, green infrastructure and urban planning, sustainable 
agriculture and food production.  WT/TPR/M/439/Add.1  
 
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Page 23, paragraph 4.92 . In relation to digital applications, in 2013, all authorization and 
coordination procedures regarding Single Window System has been given to Turkish customs. From 
that date, a total of 22 government and non -governmental institutions authorized for issuance of 
import and export licenses integrated into system.  
 
66. Are all government agencies integrated into the Single Windows System?   
 
Answer:  Most of government institutions are integrated.  
 
Page 64, paragraph 3.59 : According to the Secretariat's Report, Türkiye has a number of 
anti-dumping  measures in place. We have the following questions as a result:  
67. What mechanisms does Türkiye have in place to ensure that those measures are, 
or will not be evaded?  
 
Answer:  Türkiye initiates anti -circumvention investigations according to its domestic 
legislation on anti -dumping and countervailing measures . Türkiye's laws and implementing 
regulations on anti -dumping and countervailing measures are: Law No.  3577 of 1989 on the 
Prevention of Unfair Competition in Imports (as amended by Law No.  4412 of 1999); Decree 
No. 13482 /1999 on the Prevention of Unfair Competition in Imports, as amended in 2005 and 
2020; and the Regulation on the Prevention of Unfair Competition in imports, as amended in 
2002 and 2006.  
 
68. Does Türkiye have any cooperative arrangements in place with other WTO  Member s 
that will assist Türkiye in investigating evasion allegations from its domestic 
industry?  
 
Answer:  Türkiye does not have any cooperative arrangements with any WTO Member about 
anti-circumvention investigations.  
 
69. Does Türkiye have the authority to investigate evasion suspicions ex officio ?  
 
Answer:  Yes, Türkiye has the authority to start anti -circumvention investigations ex officio . 
 
Page 14 Paragraph 4.5:  "Another priority policy area for Türkiye in trade is e-exports. As a tool 
to facilitate trading for e -exporters, the Ministry of Trade utilizes "Easy Export Platform", which 
provides intelligence to exporters on market opportunities and export processes"… "It is expected 
that via e -commerce channels Turkish exporters directly reach their customers abroad, provide 
added value to exports with constantly innovative products and increase the awareness abroad on 
Turkish products and brands."  
 
70. Türkiye's e -payment law requires information systems used by financial f irms for 
keeping documents and records to be physically located within Türkiye. What 
reforms does Türkiye expect to enact to remove barriers to provide e -commerce 
services in the country?  
 
Answer:  This issue has been a part of Türkiye's policy on data and have been dealt in this 
respect.  
 
Page 13 Paragraph 3.58 : "Türkiye's assistance mainly consisted of in -kind medical supplies, 
especially personal protective equipment; in addition, Türkiye also pr ovided respiratory equipment 
produced by Türkiye to the countries in need as grants."  
 
71. As a provider of humanitarian aid during the pandemic, what difficulties did Türkiye 
experience when supplying aid to the 155 countries?  
 
Answer:  
- Lack of adequate cold storage facilities for storing sensitive medical equipment  including 
COVID -19 vaccines, especially in some low income countries,  
- Logistical problems in terms of transferring medical goods.  
- Problems in terms of bilateral registration a nd accreditation of medical products.  
 WT/TPR/M/439/Add.1  
 
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  72. As this report was drafted before the 6 February earthquake that affected southern 
Türkiye and northern Syria, what were the main bottlenecks that Türkiye 
experienced importing humanitarian cargo in the aftermath of the earthquake?  
 
Answer:  Just after the devastating earthquakes hit a vast area and affected millions, Turkish 
Customs had to face a huge influx of relief goods, coming through airports, ports and land 
borders. The clearance process has been conducted in a  facilitated, simplified manner and 
they were prioriti zed to ensure immediate release. Customs procedures were completed by 
submitting the list of goods prepared by the sender to the customs administration. In such 
cases, it is ensured that the oral declar ation form is filled in electronically by Customs. On the 
other hand, the transactions of rescue teams, rescue animals and their equipment were also 
carried out by subjecting them to temporary admission in a simplified manner.  
In such an emergency, we had to deal with many challenges and some important ones were;  
- People living abroad wanted to send relief goods directly to their relatives at home, 
although natural persons, are not allowed to be consignee in simplified manner. It could 
be used only by the institutions specified in the regulations.  
- Other challenge was regarding the completion of customs procedures of certain goods 
such as pharmaceuticals and food. Turkish Customs worked with the Ministry of Health 
for the former and with the Ministry of Agriculture and Forestry  for the latter in 
coordination.  
- Another difficulty encountered was that the classification of a great variety of goods sent 
as humanitarian aid. This required an extensive effort consisting of physical work, risk 
analy sis and coordination.  
- In order to provide immediate release all customs began to work on 24/7 basis and even 
mobile customs teams were formed in some cases.  
 
 
 
__________  