Unofficial Translation
(Official Gazette No: 25476 of 29 May 2004)
Article 1 - This Decree covers the procedures and principles related to taking safeguard measures where a product is imported in such increased quantities and under such conditions as to cause or threaten to cause serious injury to the domestic producers producing like or directly competitive products, to remedy this serious injury or threat of serious injury, provided that these measures are temporary and limited to the extent of the injury or threat of injury, by taking the international obligations and the interests of the country into consideration.
Article 2 - The definitions under this Decree are given below:
a) Undersecretariat: The Undersecretariat for Foreign Trade.
b) Directorate General: The Undersecretariat for Foreign Trade, Directorate General of Imports.
c) Board: The Board for the Evaluation of Safeguard Measures for Imports.
d) Tariff quota: The quantity or value of imports, which is exempted from customs duties and/or other financial charges or subject to reduced customs duties and/or other financial charges for a specified period.
e) Domestic producers: The producers as a whole of like or directly competitive products operating within the territory of the country, or those whose collective output of like or directly competitive products constitutes a major proportion of the total domestic production of those products.
f) Serious injury: A significant overall impairment in the position of domestic producers.
g) Threat of serious injury: Serious injury that is clearly imminent.
Article 3 - Under this Decree the Undersecretariat for Foreign Trade has the authority:
a) to propose, apply and monitor safeguard measures,
b) to extend investigation period if necessary,
c) to make consultations at the international level in the framework of the related legislation and to prepare compromise statements and to apply them which enter into force in conformity with the procedures concerned,
d) to make examinations on imported goods and the accuracy of declarations,
e) to coordinate and give instructions to the relevant institutions and organizations for the implementation of this Decree,
f) to prepare Regulations and Communiqués concerning the implementation of this Decree.
Article 4 - The "Board for the Evaluation of Safeguard Measures for Imports" has been established with this Decree. The Board, under the chairmanship of the Director General of Imports or a Deputy Director General to be assigned by the Director General of Imports, shall compose of an authorized representative from each of the Ministry of Industry and Trade, the Undersecretariat of the State Planning Organization, the Undersecretariat of Customs, the Union of the Chambers of Commerce, Industry, Maritime Trade and Commodity Exchanges of Turkey together with the General Directorates of Exports, the European Union Affairs and Agreements of the Undersecretariat and the relevant Head of Department of the Directorate General of Imports. The Chairman of the Board may invite relevant experts to the meeting of the Board for consultation.
The Secretarial services of the Board are carried out by the Directorate General.
The decisions on safeguard measures shall be taken by the Board upon the proposal of the Directorate General.
The Board shall have the following functions:
a) to take decisions on whether or not to initiate an investigation,
b) to take decisions to continue or to terminate the investigation where the application is withdrawn during the investigation,
c) to take decisions on whether or not to take provisional safeguard measures, in case of their adoption to determine the form, extent and duration of these measures,
d) to take decisions on whether or not to take safeguard measures, in case of their adoption to determine the form, extent and duration of these measures,
e) to take decisions on current safeguard measures,
f) to make proposals to obtain a Decree of the Council of Ministers.
Article 5 - Provisional safeguard measures may be applied, by taking the interests of the country into consideration, in critical circumstances where delay would cause damage which it would be difficult to repair and where a preliminary determination provides clear evidence that increased imports have caused or are threatening to cause serious injury to the domestic producers producing like or directly competitive products.
Provisional safeguard measures can take the form of customs duties, additional financial charges, restrictions on quantity/value of imports, tariff quota or a combination of these forms.
Where the provisional safeguard measures take the form of customs duties, the difference between the customs duty set in the Import Regime Decree and the customs duty set as a provisional safeguard measure shall be collected as a security in accordance with the relevant provisions of customs legislation.
Where the provisional safeguard measures take the form of additional financial charges, the difference between the additional financial charge set in the Import Regime Decree and the additional financial charge set as provisional safeguard measure shall be collected as a security in accordance with the relevant provisions of customs legislation. In cases in which there is no additional financial charge set in Import Regime Decree, the whole amount of the additional financial charge set as provisional safeguard measure shall be collected as a security in accordance with the relevant provisions of customs legislation.
At the end of the investigation, if the Board decides that safeguard measures are necessary, the amount collected as a security shall be forfeited to the Treasury.
In cases in which the amount of the safeguard measure is lesser than the amount of the provisional safeguard measure, the difference shall be refunded. However, in cases in which the amount of the safeguard measure is higher than the amount of the provisional safeguard measure, the difference shall not be collected.
On the other hand, if the Board decides that no safeguard measures are necessary, the provisional safeguard measure shall be repealed and the amount previously collected as a security shall be refunded in accordance with the provisions on the repayment of the secured customs duties of customs legislation.
Article 6 - Safeguard measures may be applied following an investigation, by taking the interests of the country into consideration, where a product is imported in such increased quantities and under such conditions as to cause or threaten to cause serious injury to the domestic producers producing like or directly competitive products.
Safeguard measures can take the form of customs duties, additional financial charges, restrictions on quantity/value of imports, tariff quota or a combination of these forms.
In the importation of the parts or components of a product subject to a safeguard measure, the parts or components having the added value that is aimed to be safeguarded by the measure or the products produced by using these parts or components shall be deemed as the product subject to the safeguard measure. The provisions of this paragraph shall also be applied in importation of these parts or components on different dates and/or from different customs administrations and/or by different importers. The provisions in this paragraph shall also be valid when a provisional safeguard measure is applied under Article 5. The parts or components having the added value that is aimed to be safeguarded by the measure shall be determined by the Undersecretariat.
Application of the provisions of this Article does not preclude the application of provisions on punishments in the Customs Law and other laws.
(Two paragraphs above has been added to the end of Article 6 of the Decree with the publication of "Decree On Amendment Of The Decree On Safeguard Measures For Imports" in the Official Gazette No. 26721 of 5 December 2007)
Article 7- This Decree does not preclude the application of:
a) prohibitions, quantitative restrictions or controls concerning imports on grounds of public morality, public order or public security; the protection of health and life of humans, animals and plants; the protection of national treasures possessing artistic, historic or archaeological value, or the protection of intellectual, industrial and commercial property,
b) the transactions concerning foreign exchange,
c) the obligations arising from the international agreements,
d) the provisions of the Import Regime Decree, the Regulation on Imports and the other legislation relating to the imports that are not in violation of this Decree.
Article 8 - The decisions on the initiation and the conclusion of safeguard investigations and the decisions on current safeguard measures under this Decree shall be published in the Official Gazette.
Article 9- The procedures and principles concerning the application of the provisions of this Decree and the working procedures and principles of the Board shall be specified in the Regulation.
Article 10 - Decree on Surveillance and Safeguard Measures for Imports and the Administration of Quotas and Tariff Quotas which put into force in accordance with the Council of Ministers Decree No: 95/6814 of 30 April 1995, and Decree on Surveillance and Safeguard Measures for Imports of Products Originating in Certain Countries which put into force in accordance with the Council of Ministers Decree No: 95/7348 of 6 October 1995 have been repealed with all its appendixes and amendments.
Provisional Article 1 - Before the entry into force of this Decree, the procedures concerning the investigations conducted and the safeguard measures imposed under the Decree on Surveillance and Safeguard Measures for Imports and the Administration of Quotas and Tariff Quotas which put into force in accordance with the Council of Ministers Decree No: 95/6814 of 30 April 1995, and Decree on Surveillance and Safeguard Measures for Imports of Products Originating in Certain Countries which put into force in accordance with the Council of Ministers Decree No: 95/7348 of 6 October 1995 shall carry on under the provisions of this Decree.
Provisional Article 2 - References to the repealed Decree on Surveillance and Safeguard Measures for Imports and the Administration of Quotas and Tariff Quotas which put into force in accordance with the Council of Ministers Decree No: 95/6814 of 30 April 1995, and Decree on Surveillance and Safeguard Measures for Imports of Products Originating in Certain Countries which put into force in accordance with the Council of Ministers Decree No: 95/7348 of 6 October 1995 concerning the safeguard measures shall be understood as referring to this Decree.
Article 11 - This Decree shall enter into force on the date of its publication.
Article 12 - The Minister in charge of the Undersecretariat for Foreign Trade shall execute the provisions of this Decree.