2013年4月19日 星期五

PUBLISHED BY THE EUROPEAN COMMISSION PROGRESS REPORT 2011 - News - Free Journalism

Ministry of Trade and CustomsThe European Union and the General Directorate of External RelationsEU Office2011 Progress Report published by the European CommissionCustoms and the Ministry of Commerce concerning the summary translation of ChaptersFree movement of goods (Chapter 1)Despite a high level of compliance in this area, the general principles of free movement of goods has been limited progress.Ministry of Economy initiated by the pilot implementation of risk-based import control system, although the system is currently only a certain limited number of product lines. In addition, third country products in free circulation in the EU are still subjected to the conformity assessment procedures at the customs entries from the physical checks are delaying the market.The technical obstacles continue to hamper the free movement of goods trade.Compulsory registration of textile and clothing industry, the mutual recognition principle into Turkish legislation is still to trans fer, without consulting the Union on Turkey's EU traders for the start of the new mandatory practices lead to economic losses.Some progress in standardization. Turkish Standards Institute is considered a full member of the European Committee for Standardization. Despite some progress to be saved Accreditation TURKAK not acquired an autonomous structure, financial and managerial terms, is problematic.The circular issued by the Prime Ministry in the field of market surveillance and the Market Surveillance Coordination Board of the relevant bodies to promote active participation is remarkable. However, coordination among the various institutions remains a problem. Market surveillance is insufficient regard to risk analysis. Areas not regulated by Turkey to adopt the principle of mutual recognition leads to the emergence of technical barriers to trade.Turkey, EU-Turkey Association Council in Annex 2 of the EU legislation published in order to ensure the removal of technical barr iers to trade in their domestic law aktarmamtr full.Finally, the report, South Cyprus, Turkey as long as the restrictions removed fully fulfilled the acquis on free movement of goods chapter is considered an expression.Conclusion: Despite progress in these chapters is a limited technical barriers applied in trade continues to pose a problem. Inadequacies of the market continues on the implementation of effective surveillance systems. All license applications and the lifting of restrictions on imports and exports, No. 1 / 95 to ensure full implementation of the decision is of great importance.Companies Law (Chapter 6)Significant progress has been made in the field of corporate law. Has long been a key element for the accession negotiations in this chapter is pending, and the Turkish Commercial Code (TCK), to take effect on July 1, 2012 was on February 14, 2011. For full compliance with the acquis still remains to be confirmed.The on-line application for the registration of co mpanies in Mersin Chamber of Commerce has started a pilot. The new Penal Code, the company's corporate announcements, financial reports, balance sheets and make it mandatory to have a web site will be published. New transparency rules, small and medium-sized enterprises (SMEs) to establish a web site, trade names, trademarks and domain names to save their mandatory reserves.Under the new penal code, the Turkish legal system for the first time by a single person will be able to establish a joint stock and limited liability company. Principles of corporate governance of publicly held companies of the Capital Markets Board (CMB) will be determined by. If the separation of the companies will be held for the first time. Year-end accounts and balance sheets of corporations and joint stock companies are required to conform with the Turkish Accounting System. SMEs will choose at least one certified public accountant or independent. Until the establishment of the Independent Auditors Board of Turkey, the national accounting standards, international accounting standards will be determined in accordance with. Accountants, however, may be an independent audit unit. Temporarily supervised by the Ministry of Industry and Commerce.Judicial capacity to implement the TPC is still unknown, especially commercial trial. The new law regulates the activities related to the professional training of professional organizations. However, the other will affect the judiciary and to the new rules, any other training or capacity-building activity is not regulated.Some progress can be saved on Accounting Auditing Company. Turkish Accounting Standards Board, the various standards, international accounting standards reviews and revisions issued, published educational materials Kobilerer. The Board increased the number of personnel, training is given.Conclusion: Overall, in terms of this chapter, openness, transparency in the adoption of the TPC is expected to increase complian ce with international accounting and accounting standards, significant progress has been achieved. However, the current legal and institutional framework to be established with the increased capacity required for a commercial trial.Intellectual Property Law (Chapter 7)In general, reported limited progress in the field of intellectual property. In the context of customs practices, customs administrations in order to prevent market access for goods in the customs data base center and the IT management system used by specifying the IPR (Intellectual Property Law), the customs officials in the context of a very low level of knowledge is expressed. In addition, ex officio (ex-officio), seizures effectively used as a control, and seizures of counterfeit goods on the data achieved a definite emphasized. In this context, the customs administration and the administrative capacity needed by a strengthened IPR education, municipal and gendarmerie officers and relevant information to be included in the operations and the capacity to be increasedare described.In the conclusion, judicial and customs issues in the field of applications that still continue to be weak and more effective for an application in the capacity of both the administration (in the judicial and customs authorities) are needed to strengthen.Consumer and Health Protection Included: (Chapter 28)Has been limited progress in the field of Consumer Protection. Consumer organizations in the process of creating an effective participation in decision-making and to provide the legislation is problematic.Limited progress on product safety issues are outstanding. Despite the creation of the Market Surveillance and Product Safety Council, this area is not achieved adequate financial and human resources are outstanding. Although the most important factor in the negotiation process towards product safety legislation to revise the studies are inadequate.Some progress has been made non-security areas. Pri ce tags, legislation, legislation on distance contracts and the general principles relating to door sales legislation was changed in 2011. However, negotiations delayed publishing the revised Consumer Protection Framework Law is perceived as the biggest problem.Positive increase in the number of qualified personnel are examined in the Ministry of Industry and Commerce.The result: more financial and human resources be transferred to the field of consumer protection. Must be published in the framework of the laws on consumer protection.Customs Union (Chapter 29) (full translation)As a result of the EU-Turkey Customs Union with the EU, despite the overall high level of compliance, limited progress has been made in relation to customs legislation. With regard to the restructuring of public receivables law the Customs Law promulgated on 25 February 2011 "on the customs debt is a permanent non-judicial mechanisms for dispute resolution," which is a new provision has been inserted. Although still working on the new legislation, the provisions of the customs in the field of intellectual property rights of any progress can be reported on a more advanced level of alignment is maintained.Ministry of Economic Affairs within the competence of the Customs Law on free zones and free zones with the provisions of the exemptions that had been brought, already with a certain level of alignment gzlemlenebilmekle, is not fully compatible with the EU acquis. Turkish law for the exemption from customs duty, especially when entering the country duty-free shops in the regulations that allow, in violation of the obligations of the Customs Union. Surveillance and tariff quotas, the quotas allocated to processed agricultural products to be governed, especially on the full compliance of the provisions can be reported. Products originating in third countries within the framework of conformity assessment, the taxpayers, even if it is put into free circulation goods before arr iving in Turkey in the EU, the goods must present a statement of origin, customs procedures before the completion of the systematic. This requirement is not appropriate to the Customs Union.With regard to administrative and operational capacity has notified some progress.Customs and the Ministry of Commerce, as a result of the further modernization efforts have strengthened the capacity of security-related applications. Ministry's risk-based analysis (system) are identified in customs have already carried out major physical controls to reduce and often also a substantial way to improve the quality must be improved. Regional customs administrations with the central risk analysis unit within the Ministry of feedback mechanisms should be strengthened. Customs Enforcement and other law enforcement related to border management should be improved coordination between institutions and organizations. Intellectual Property Rights in the implementation of export controls, especially b y customs are still weak. Turkey, EU customs seized counterfeit products continues to be one of the main suppliers.Transit (NCTS) and tariff (TARIC, Quota and Surveillance) systems of the EU towards the establishment of the interface which allows IT (Information Technology) systems are not yet in practice.Paperless environment for the provision of customs procedures, progress is limited. Customs and the Ministry of Commerce, fully support the IT strategy to achieve business objectives are not currently accepted.Moroccan Customs Union, the Council (General Affairs and External Relations) on 11 December 2006 on Turkey adopted by the EU Council on 14/15 December 2006 and approved in decisions is one of the 8 chapters. Registered in Cyprus or Cyprus, which is the last point of departure for ships and aircraft, as long as the restrictions on free movement of goods carried by Turkey, fully implement the acquis in this chapter will not be the case.Conclusion: EU-Turkey Customs Unio n, Turkey has access to this area a high level of compliance. However, exemption from customs duties and a more advanced level of alignment with the acquis should ensure that the provisions on free zones. Turkey, Trade (Economy) organized by the Ministry of surveillance and also align its legislation on the tariff quotas should be. Importers, are in free circulation in the EU of products originating in any way claim the acknowledgment information is requested, the Customs Union is not appropriate.In order to facilitate legitimate trade by reducing the number of physical controls, risk-based controls need to be improved and simplified procedures.Effective implementation of the customs of intellectual property rights and the fight against counterfeit oddments still there is a proper.Foreign Relations (Chapter 30)Is still a high level of alignment with EU common commercial policy of our country, but progress is expressed in a limited area of the Common Commercial Policy. Genera lized System of Preferences-GSP (Generalized System of Preferences-GSP), the limited progress in specifying the origin of geographic and product scope of issues in terms of the rules of the EU's GSP highlighted the need for greater harmonization.Free trade agreements in relation to the progress made by Turkey, Jordan and Chile in the reporting period with the signing of the Free Trade Agreements entered into force, are signed with Lebanon, STA.EU-level cooperation with Turkey especially in the WTO Doha Development Agenda-that have found expression in a satisfactory, especially in agriculture and trade facilitation issues still to be done is expressed. Explained that the adequate level of cooperation within the scope of the OECD. Dual-use goods (dual use of goods) in relation to the controls, weapons and dual-use goods and technologies for the Missile Technology Control Regime and the Wassenaar Arrangement on export controls, such as membership in certain groups of suppliers in Turkey did not comply with the EU's stated position.The other as a subject, which is registered in Cyprus or the last port in Cyprus on the free movement of goods carried by vessels and aircraft as long as restrictions remain in place, Turkey's position fully to implement the acquis relating to this chapter will not be repeated.In the conclusion, mainly as a result of the Customs Union in the field of common commercial policy of Turkey has reached a high level of compliance, but the GTS is still in some areas, such as control or dual-use goods are concerned, some differences are highlighted.Nakliye





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