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Standard Summary Project Fiche

Project number: TR 05 03.01 1. Basic Information 1.1. CRIS Number : 1.2. Title : Reinforcement of Institutional Capacity for Establishing

a Product Safety System in Turkey 1.3. Sector : Internal Market 1.4. Location : Turkey 1.5. Duration : Overall duration 28 months, duration of activities 18 months

2. Objectives 2.1. Overall Objective The overall objective is to strengthen the capacity of Turkey in its efforts towards guaranteeing effective functioning of the management of product safety in practice and thus facilitating free movement of goods. 2.2. Project Purpose The project purpose is to establish a product safety system in Turkey through strengthening the existing market surveillance structures, determining appropriate administrative management structures, and introducing a standardized information system, which could also be used in preparation for the RAPEX system (rapid exchange of information on risky products). 2.3 Accession Partnership (AP) and NPAA Priority

Reference to AP:

• Short term priorities:

To ensure effective in-market control and free movement of goods in line with internal market legislation (under the heading of “free movement of goods”)

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To reinforce existing market surveillance structures with equipment and training and create compatible administrative infrastructure (under the heading of “free movement of goods”)

To further align national legislation with the acquis and develop infrastructure for effective implementation, in particular with regard to market surveillance (under the heading of “consumer protection and health”)

To further develop systems for notification of dangerous products at national

level and explore the possibilities of exchange of such notifications at international level through relevant systems (under the heading of “consumer protection and health”)

• Medium term priorities:

To complete alignment with the acquis; to complete strengthening of existing market surveillance structures. (under the heading of “free movement of goods”)

Reference to NPAA: On April 29th 2004, the European Commission adopted the Guidelines for the management of the Community Rapid Information System (RAPEX) and for the notifications presented in accordance with Article 11 of Directive 2001/95/EEC. The alignment of this directive on General Product Safety is stated under the heading of “4.23 Consumer Protection and Health” and “4.02 Free Movement of Goods” in National Programme. 2.4 Contribution to National Development Plan Not applicable. 2.5 Cross Border Impact Not applicable. 3 Description 3.1 Background and Justification

Legislative Background

Turkey and the European Community (EC) established a Customs Union in 1996. The rules and procedures of the Customs Union were laid down by Association Council Decision No. 1/95 of 6 March 1995. The Decision requires Turkey to harmonize the EU technical legislation and to ensure free movement of goods. Association Council Decision No. 2/97 further defines the scope and the procedures of the harmonization of EU technical legislation.

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In line with Association Council Decisions N° 1/95 and 2/97, a Framework Law on the preparation and implementation of technical legislation on products was prepared by the Undersecretary of Foreign Trade (UFT). The Law was adopted by Parliament on June 29th, 2001, published in the Official Gazette on July 11th, 2001 and entered into force on January 11th, 2002. The Framework Law aiming to transpose the different elements of the EU regulations into Turkish legal order was complemented by five pieces of secondary legislation (by-laws), namely;

The Regulation on market surveillance, The Regulation on the use and affixing of the CE conformity mark, The Regulation on the working principles and procedures for conformity assessment

bodies and notified bodies, and their assignments, The Regulation on the notification procedures between Turkey and the EC regarding

technical legislation, The Regulation on the exchange of information on national measures derogating

from the principle of free movement of goods (not published yet).

The fifth Regulation was prepared taking into consideration the articles and annexes of Council Directive 2001/95/EEC (General Product Safety) on notification, and European Parliament and Council Decision No.3052/95/EEC (on the establishment of a procedure for the exchange of information on national measures derogating from the principle of free movement of goods in the Community).

The European Commission, DG Enterprise, approved the provisions of the draft legislation concerning the articles of 3052/95/EEC. On the other hand, DG SANCO and Turkey could not clarify the provisions of the draft legislation concerning the notification related articles of 2001/95/EEC. Therefore, the draft legislation could not be finalized and published.

In this regard, the mentioned regulation was decided to be divided into parts. The legislation on the notification of national measures derogating from the principle of free movement of goods has been prepared and will be published in the near future. The preparation of the legislation on rapid exchange of information on risky products is still in process. Thus, Turkey has to publish the legislation related to RAPEX system, which determines the administration of the system and states the responsibilities and duties of the institutions that would participate in the system. Without putting the related legislation into force, any training of the market surveillance authorities and any support for strengthening the technical infrastructure of the responsible public bodies would be far from meeting the targeted objectives.

Administrative Background

The market surveillance activities of the competent bodies by June 2004 are described in Annex 5. In the context of the current market surveillance activities of the competent bodies, there seems to be certain areas that require improvement. The establishment of an information exchange system will help to better detect such areas and therefore to improve the strategies to cope with them. While the results of the market surveillance activities, such as the measures taken, can be monitored and transmitted more easily, the market surveillance system as a whole would work much more effectively. It is essential for a large country like Turkey to use its resources as efficiently as possible and the said system is of

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significant importance to supervise the competent public bodies in their market surveillance activities.

A strong coordination between Turkey’s 14 different public bodies involved in market surveillance is crucial. The names of the market surveillance authorities are listed in Annex 4. In order to constitute a RAPEX system efficiently and to fulfil the responsibilities of the system, Turkey has to designate the national contact points which would notify to the Commission the measures and actions taken under the provisions of the “General Product Safety Directive” and circulate the notification that they would receive from the Commission to the responsible national institutions in the future.

In this respect there is also a need for information on the structure and the functioning of the notification system. Training of the market surveillance authorities on the legislation related to the RAPEX system is needed to guarantee the understanding of the structure of this system.

Technical Infrastructure

With assistance of the Dutch Government, UFT initiated a two-year project in 2002 entitled “Practical implementation of Council Regulation 339/93/EEC on checks on conformity with the rules on product safety in the case of products imported from third countries and amendment Decision 98/583/EEC”

In this import control system, an on-line Product Safety System (PSS) has been built up to gather and process information about import controls and market surveillance. This software system will provide risk analysis and single-out high-risk goods from low-risk goods and provide standardizing the input for a wider producty safety system coming from different authorities.

This system is similar to the informatics system (ICSMS) and provides not only the coordination and flow of information between the competent authorities but also standardization of the input for a product safety system as mentioned above. The existing web-based PSS can easily be extended to provide input for the RAPEX system in future and will facilitate its operation by means of establishing a communication line in future between the Commission and the national contact points.

This project is intended to be the first phase of making the RAPEX system operational in Turkey. The project is just related to such issues as legislation, gap assessment in market surveillance activities, designation of national contact points and standardization of inputs from respective public authorities. When the project is completed, a second phase, such as the upgrading of the technical infrastructure of market surveillance bodies, may start if seen appropriate by the European Commission.

3.2 Sectoral Rationale Not applicable. 3.3 Results

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The expected results of this twinning project are: 1. The problems, insufficiencies (if any) and bottlenecks of the existing strategies of market surveillance of product safety are determined in order to analyze the compatibility of these strategies within the scope of a wider product safety system with an alert mechanism for risky products, which could also help in preparations for joining the RAPEX system.

2. Turkish legislation on rapid exchange of information on risky products is revised and necessary amendments drafted.

3. Administrative structures of respective institutions to create their contact points are reorganized and the degree of centralization of this structure is defined. 4. Standardization of the inputs received from respective public authorities is achieved and the Product Safety System of Turkey is made ready , parts of which could later be used as input to the RAPEX connection. 3.4 Activities (including means) 1.1. Examining the existing market surveillance structures (e.g. sample tests, systems to receive complaints from the general public, risk assessment procedures) in Turkey, 1.2. Proposing solutions for the detected problems, insufficiencies and bottlenecks of the market surveillance system, 2.1. Examination of the draft national legislation concerning the RAPEX notifications and drafting of necessary amendments, 3.1. Assessing the organizational structure of the competent public authorities, elaboration of the designation of national contact points, establishing administrative structure necessary for operating a wider product safety system efficiently, which can also be used for RAPEX, 4.1. Assisting the realization of the standardization of the input coming from different authorities with consideration to joining the RAPEX system in future. 4.2. Examining the implementation of the RAPEX system in EU Member States to benefit from “best practice” in this field, via internships in the twinning partner country, 4.3. Analysis of the existing web-based product safety system of Turkey and technical evaluation of whether this system can be widened and later on be used to provide input to RAPEX. 4.4. Development of training packages for the respective staff of the market surveillance authorities on the implementation of a wider product safety system with an alert mechanism for risky products. Means / Inputs Expert Input: 1. PL (Project Leader):

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The PL should be a high-ranking official with broad knowledge of all process of product safety and control, who will continue to work at his/her Member State administration but devote some of his/her time to conceive, supervise and coordinate the overall thrust of the Twinning Project. The PL will allocate a minimum of 3 days per month and including one visit every 3 months to Turkey as long as the project lasts. (a) Qualifications: • Broad long-term knowledge of all processes in the area of product safety and

control that the project is dealing with; • High-ranking official with ability to call on short and medium-term experts in

support of the efficient implementation of the project; • Capable of unblocking any problems at highest level; • Good leadership skills. (b) Tasks: • Overall project coordination; • Co-chairing with the Turkish PL the regular project implementation steering

committee meetings; • Mobilizing short and medium-term experts; • Executing administrative issues. 2. Long-term twinning expert: Senior Adviser to UFT (RTA) 18 m/m (a) Qualifications: • Minimum five years of experience in a organization dealing with the

implementation of the relevant EU Directives at managerial/expert level; • A solid international background relating to institutional capacity building,

institutional change and regulatory issues is an advantage, a strong track record of proven management skills and complex projects;

• Good knowledge of the European institutional environment related to the implementation and enforcement of EU legislation in market surveillance field;

• Network of functional contacts with related EU and Member State institutions (proven functional contacts at the EU level are considered an asset);

• Proven understanding of the main issues regarding EU accession; • Experience in carrying out strategic and organizational analyses; • Internal advisory experience is an asset; • Practical experience in the determination of training needs, preparation and

implementation of training packages including co-ordination of establishment of operational rules and methods.

• Good communication skills. (b) Tasks:

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- To design a work plan for the implementation of the project and to assist the process of drawing up a twinning contract,

- To assist the preparation of all strategic project documents (quarterly monitoring reports, final project report, training manuals etc.)

- To ensure continuity of the implementation through the execution of the day to day management; working on a daily basis with the Turkish staff to implement the project,

- To plan, coordinate and to ensure proper quality of outputs,

- Together with the Project Leader, to nominate, mobilise and supervise the short term and medium term experts,

- To coordinate and organise training activities, workshops and public awareness activities.

3. Short-Term Experts: The RTA will be assisted by EU institutional and technical experts who will be in principle deployed on a short-term basis. The short-term experts should have substantial experience in the relevant subject matter fields.

(a) Qualifications: • Minimum of 3 years professional experience in related subject(s), such as;

- Product safety, - RAPEX system, - Risk analysis, - Import controls.

• Good written and or command of English; • Willingness to work in a different cultural environment; • Training expertise. (b) Tasks: • To work on specific twinning project components described above and contribute to

the project with specialist knowledge in these areas; • To contribute to the project with specialist knowledge in the area of risk analysis

development of procedures, proposals institutional capacity development; • To prepare training course modules; • To provide specialist support with services (e.g. providing Turkey with access to

databases). 3.5 Linked Activities The Customs Union between Turkey and the EU required Turkey to transpose into national legislation a large part of the Community Acquis, including the provisions on the free movement of goods. Regulation No. 339/93/EEC on import controls in the case of products coming from third countries is, among others things, a part of the legislation that still has to be implemented. The UFT is responsible for the implementation of this Decision.

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Accordingly, within the framework of the Pre-accession Program (PPA), which is carried out by the Dutch Government, UFT initiated a two-year project in 2002 under the name “Practical implementation of the Council Regulation 339/93/EEC on checks on conformity with the rules on product safety in the case of products imported from third countries and amendment Decision 98/583/EEC”

In the light of the experience gained from the project mentioned above, an on-line Product Safety System (PSS) has been built up to gather and process information about import controls and market surveillance. This software system can easily be extended for a wider product safety system with built-in mechanism for alerts on risky products and will facilitate its operation by means of establishing a communication line in future between the Commission and the national contact points, and serve as organised input to RAPEX.

3.6 Lessons Learned In designing this project, it has been taken into account the experience and knowledge gained form the project mentioned above. Under the project, the notification between the customs authorities and competent market surveillance bodies has been made manually by fax. Even though the scope of the project was small and only a number of customs authorities and market surveillance bodies were involved in the project, it was understood that the notifications must be made electronically via a web-based online information channel. It is of great importance for the contact points to receive the notifications on a timely manner and any delay due to the factors such as connection failure and unnecessary amount of paperwork would result in distortions in the market surveillance system. This situation may even threat the safety of consumers, and undesirable circumstances may occur because of a measure not taken by the public bodies in time. Therefore, it is essential to establish a wider product safety system in Turkey in order to fulfil the requirements of EU acquis in the area of market surveillance. 4 Institutional Framework The Undersecretariat of Foreign Trade (UFT) is the responsible body for publishing the horizontal legislation, including general guidelines on market surveillance, product safety, and notifications, in particular based on EU acquis. Apart from this task, UFT is the main body to regulate the procedures to be imposed on products at import or export stage. There is only one exception, which is the food products area, in which Ministry of Agriculture is directly responsible for conducting import controls. UFT prepared the Framework Law on the preparation and implementation of technical legislation on products, which is into force since 11 January 2002. The Regulation on market surveillance is the secondary legislation of Framework Law and it is in force since 11 January 2002. The authorities responsible for market surveillance are determined according to the Framework Law and the secondary legislation. The names of the market surveillance bodies are listed in Annex 4.

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These public authorities shall; a) regularly visit commercial and storage premises,

b) regularly inspect, if necessary, work places and other premises where products are put

into service, c) organise random and spot checks in the places and premises mentioned in the

paragraphs (a) and (b), Directorate General of Standardization for Foreign Trade of UFT will be the main beneficiary institution of the project. UFT is the responsible body for coordinating the market surveillance activities and market surveillance bodies. All the activities during the project in which these market surveillance bodies would participate will be arranged by UFT. The market surveillance bodies would welcome of the UFT coordination in the efforts through establishment of a wider product safety system. In fact they are willing to be a part of RAPEX system and this project would help them gain the knowledge, institutional capacity and experience for operating the system effectively and efficiently. The Market Surveillance Coordination Board, the members of which are the high-ranking officials of these market surveillance bodies, holds its meetings regularly. The board is an advisory board and helps the competent market surveillance authorities perform their activities. The presidency of the board is executed by UFT and it is going to be an important tool for the achievements of the twinning project. 5 Detailed Budget Phare/Pre-

Accession Instrument support

Co-financing

Total Cost

€

National Public Funds

(*)

Other Sources

(**)

Total Co-

financing of Project

Year 2005 - Investment support jointly co funded

0 0 0 0 0

Sub-project 1 Sub-project 2, etc… Investment support – sub-total

0 0 0 0 0

% of total public funds

max 75 % min 25 %

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Year 2005 Institution Building support

1.500.000 0 0 0 1.500.000

Sub-project 1 Sub-project 2, etc… IB support

1.500.000 0 0 0 1.500.000

Total project 2005

1.500.000 0 0 0 1.500.000

indicative Year 2006 Investment support

indicative Year 2006 IB support

Total (indicative) project 2006

(*) contributions form National, Regional, Local, Municipal authorities, FIs loans to public entities, funds from public enterprises (**) private funds, FIs loans to private entities Turkey’s contribution to the project to fulfil the Twinning co-financing requirements will cover provision of adequate office space and equipment for the experts, and other costs non-eligible for pre-accession funding, as specified in the 2004 “Reference Manual on Twinning Projects”.

1. All investment sub-projects supported by the pre-accession fund must receive co-financing from national public funds. Minimum requirement for co-financing from national public funds is 25% of the combined PHARE and national contributions to the overall investment support.

2. Many Institution building projects will also have a degree of co-financing – this should be quantified and included wherever possible.

3. Expenditure related to equipment (regulatory infrastructure or ESC- related) and to Technical Assistance supporting investment (e.g. pre feasibility study / supervision of works / technical specifications) should be considered as Investment support in the project fiche.

4. All co-financing must be provided on a joint basis. Parallel co-financing will, in a principle, not be accepted. Exceptions to this rule have to be agreed with the Commission in advance.

5. All co-financing should be clearly quantified, also the degree of certainty of such co financing (i.e. for National Public Funds: is it already earmarked in local or national budget, for FIs Loans, private funds: are they already approved/ under appraisal, etc..).

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6. Where parallel co financing is accepted and justified per exception to the normal rule it should be provided in monetary form. If this is not possible there should be clear criteria set out for the valuation of any non-monetary contributions (that should be quantified in the table)

7. If twinning is involved, clearly state the expected budget of the twinning covenant

8. The financial engineering of the project should be closely monitored against actual delivery during implementation and against the objectives that were set in the project fiche so that corrective actions may be taken where required.

6 Implementation Arrangements 6.1 Implementing Agency The Central Financing Contracting Unit (CFCU) will be the Implementing Agency and will be responsible for all procedural aspects of the tendering process, contracting matters and financial management (including payments) of the project activities. Mr. Nuri Ercan Tortop Programme Authorising Officer Central Finance and Contracts Unit Ehlibeyit Mahallesi, 6.Sokak, Ekşioğlu İş Merkezi No: 16/8, 06520, Balgat/ANKARA Tel : +90 312 472 37 00 Fax: +90 312 472 37 44 6.2 Twinning The Twinning Team will be located at Undersecretariat of Prime Ministry for Foreign Trade. Contact person is: Mr. Mehmet Cömert Head of Department Undersecretariat of Prime Ministry for Foreign Trade Directorate General of Standardization for Foreign Trade İnönü Bulvarı, 21st Floor No:36, 06510, Emek/ANKARA Tel : +90 312 212 58 98 Fax: +90 312 212 87 68 E-mail: comertm@dtm.gov.tr 6.3 Non-Standard Aspects None.

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6.4 Contracts One twinning contract will be concluded covering the full amount of the project. 7 Implementation Schedule Component Start of tendering/call

for proposals Start of Project Activity Project

Implementation Completion

Twinning 11/2005 09/2006 02/2008 8 Equal opportunity The Project will comply with the European Commission’s equal opportunity policy. In training and technical support activities, gender balance will be taken into consideration. 9 Environment The project itself will have not any adverse environmental impacts, other than those due to normal activities (e.g. transport). 10 Rates of Return Not applicable. 11 Investment Criteria: Not applicable. 12 Conditionality and Sequencing: Not applicable. Annex List Annex 1: Logframe Matrix Annex 2: Implementation Chart Annex 3: Contracting and Disbursement Schedule Annex 4: Names of Market Surveillance Authorities

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Annex 5: The Market Surveillance Activities Performed In Turkey

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ANNEX 1

Contracting period expires November 2007

Implementation period expires November 2008

Logframe Planning Matrix For REINFORCEMENT OF INSTITUTIONAL CAPACITY FOR ESTABLISHING A PRODUCT SAFETY SYSTEM IN TURKEY

Total Budget 1.500.000 EUR

PHARE Contribution 1.500.000 EUR

Overall Objective Objectively verifiable indicators

Sources of verification Assumptions

Strengthening the capacity of Turkey in its efforts towards guaranteeing effective functioning of management on product safety in practice and thus facilitating free movement of goods.

The market surveillance activities are done more effectively.

Progress Report On Turkey's Application For Membership of the European Union Official publications of Turkey

-Turkish government’s dedication to prepare Turkey to accession.

Project Purpose Objectively verifiable

indicators Sources of Verification Assumptions The project purpose is to establish a product safety system in Turkey through strengthening the existing market surveillance structures, determining appropriate administrative management structures, and introducing a standardized information system, which could also be used in preparation for the RAPEX system (rapid exchange of information on risky products).

The notifications about national measures and actions are circulated within the national contact points of Turkey. The problems and inefficiencies of the market surveillance system are determined by the end of 2007.

Progress Report On Turkey's Application For Membership of the European Union Official journals and gazettes Publications / annual report of involved market surveillance institutions

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Results

Objectively verifiable indicators Sources of Verification Assumptions

1. The problems, insufficiencies (if any) and bottlenecks of the existing strategies of market surveillance of product safety are determined in order to analyze the compatibility of these strategies within the scope of a wider product safety system with an alert mechanism for risky products, which could also help in preparations for joining the RAPEX system.

2. Turkish legislation on rapid exchange of information on risky products is revised and necessary amendments drafted.

3. Administrative structures of respective institutions to create their contact points are reorganized and the degree of centralization of this structure is defined. 4. Standardization of the inputs received from respective public authorities is achieved and the Product Safety System of Turkey is made ready , parts of which could later be used as input to the RAPEX connection.

The revised draft regulation. The change in the administrative structure of the respective institutions. The information exchange system on product safety is operational by the end of 2007 within Turkey.

The expert’s report Monitoring and Evaluation Reports Government reports

-Support from all relevant involved institutions

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Activities Means Assumptions 1.1. Examining the existing market surveillance structures (etc. sample tests, systems to receive complaints from the general public, risk assessment procedures) in Turkey 1.2. Proposing solutions for the determined problems, insufficiencies and bottlenecks of the market surveillance systems 2.1. Examination of the national draft legislation concerning the RAPEX notifications and drafting of necessary amendments 3.1. Assessing the organizational structure of the competent public authorities, elaboration of the designation of national contact points, establishing administrative structure necessary for operating a wider product safety system efficiently, which can also be used for RAPEX, 4.1. Assisting the realization of the standardization of the input coming from different authorities with consideration to joining the RAPEX system in future 4.2. Examining the implementation of the RAPEX system in EU Member States to benefit from “best practice” in this field, via internships in the twinning partner country, . 4.3. Analysis of the existing web-based product safety system of Turkey and technical evaluation of whether this system can be widened and later on be used to provide input to RAPEX.

Twinning contract signed Project Leader (PL) 1 Resident Twinning Adviser (RTA) 1 Long-term Twinning Expert Short-term experts

- Suitability of RTA and twinning partners -Successful start and smooth implementation of the project

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Activities Means Assumptions 4.4. Development of training packages for the respective staff of the market surveillance authorities on the implementation of a wider product safety system with an alert mechanism for risky products.

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ANNEX 2

IMPLEMENTATION CHART

Year 2005 2006 2007 2008

O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M

Twinning

- - C

C

C

C

C

C

C

C

C

C

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

Tendering and Contracting C Implementation and Payments I

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ANNEX 3:

Contracting and Disbursement Schedule (Quarterly- in Euro) 2006/II 2006/III 2006/IV 2007/I 2007/II 2007/III 2007/IV 2008/I 2008/II Check Contracted

1.500.00

0

1.500.000

Cumulated

1.500.000 1.500.000 1.500.000 1.500.000 1.500.000 1.500.000

1.500.000

1.500.000

1.500.000

Disbursed

720.000 105.000 105.000 105.000 105.000 105.000

105.000

150.000

1.500.000

Cumulated

720.000 825.000 930.000 1.035.000 1.140.000 1.245.000

1.350.000

1.500.000

1.500.000

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ANNEX 4:

MARKET SURVEILLANCE AUTHORITIES - Undersecretariat for Foreign Trade (responsible for the coordination of market

surveillance activities and import controls) - Ministry of Industry and Trade - Ministry of Health - Ministry of Agriculture and Rural Affairs (for non-food products such as fertilizers) - Ministry of Public Work and Settlement - Ministry of Labour and Social Security - Ministry of Environment and Forestry - Ministry of Culture and Tourism - Ministry of Energy and Natural Resources - Ministry of Transportation - Undersecretariat of Marine Affairs - Telecommunications Authority - Tobacco, Tobacco Products and Alcoholic Beverages Market Regularity Authority - Energy Market Regularity Authority

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ANNEX 5: This Annex substitutes an Annex for the list of feasibility studies, an Annex for the list of relevant laws and an Annex for the list of strategic plans that are requested in the Programming Guide.

THE MARKET SURVEILLANCE ACTIVITIES PERFORMED IN TURKEY Information about the implementation and the regulatory basis of market surveillance activities performed by the related authorities in Turkey can be found separately below. This will be a brief summary of the position in this area.

1) Ministry of Industry and Trade (MIT); MIT the largest field of responsibility with 160 directives among which 16 are New and Global Approach and has taken large steps in the harmonisation of the EU technical legislation. Concerning the harmonisation activities, MIT has transposed almost all the New Approach Directives, except for Directive 2000/9/EC relating to cableway installations designed to carry persons, into national legislation that fall into the scope of its responsibility. The total number of transposed directives reaches to a number of 154. The change from the old system of mandatory standards to the new, differentiated EU system of technical regulations combined with voluntary standards has already confronted MIT with a number of new and challenging tasks. Of these, the transposition of harmonised European legislation into Turkish national legislation, as the first necessary step on the way towards full implementation of the legislation, is now nearing its completion. MIT is now at the stage of implementation of the transposed legislation. With this regard, designation of notified bodies, the criteria to be used for their selection, establishment of a sound functioning market surveillance system and establishment of sectoral technical committees, are the key elements of further implementation of the acquis. MIT has not only finished the transposition of the legislation but also established necessary mechanisms for conformity assessment and market surveillance. As it is known, legal framework of market surveillance in Turkey has already been established with the Framework Law No.4703 and its implementing regulation, namely Regulation on Market Surveillance. MIT believes that it already has necessary mechanisms for market surveillance. For many years, MIT has carried out market control activities according to its national legislation with its inspectors at 81 provincial offices of the Ministry. Therefore following the transposition of EU technical legislation, there was no need for establishing a new mechanism for market surveillance. MIT strengthened and re-organized its existing system according to the new legislation on the basis of Framework Law and Regulation on Market Surveillance. MIT decided to re-organize its existing market surveillance system and institutional structure so that the transposed legislation can be implemented effectively. In line with this goal, Ministry implemented a project in January 2003, which was funded by the 2002

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Administrative Co-operation Fund Program. The project involved elaboration of the situation in terms of the administrative structure of the Ministry, the industry’s needs and existing market surveillance system and suggested policy changes to be carried out by the two EU experts assigned by the Commission. Based on the results of this study, Ministry has developed its market surveillance strategy in which the priorities of market surveillance activities were streamlined.

On 1-2 March 2004, two days seminar on market surveillance, which was financed by TAIEX, has been organized at Ministry of Industry and Trade. A number of inspectors from the Centre and 33 Provincial Offices of the Ministry participated to this event. In the framework of 2003 EU-Turkey Financial Cooperation Program, ‘Support to the Turkish Conformity Assessment Bodies and the Ministry of Industry and Trade in the implementation of some New Approach Directives’ have been approved by the Commission. The third component of this project is twinning on market surveillance. Budget of twinning project is 1 million Euros. Sectors, which are included in the project, are machinery, LVD, EMC and pressure vessels. Twinning Covenant will be signed between MIT and BSI in the name of the consortium partners BAM and ON. The first draft of Twinning Covenant including Work Plan was submitted to the EC Representation for comments on 2nd of April 2004. As soon as the EC Representation completes its examination on the Twinning Covenant, the EC Representation, with the collaboration of CFCU, will send it to BSI.

Main principles of market surveillance to be performed by MIT was regulated by the ‘Regulation on Principles and Procedures of Market Surveillance to be Performed by MIT’ which was published in the Official Journal on 9th May 2003 and it entered into force as of the date of its publication. In this regulation the way of inspections and imposed sanctions are defined in detail together with the duties and responsibilities of the inspectors. In accordance with the Regulation market surveillance is carried out by DG for Industry, DG for Measurement and Standards and DG for Consumer Protection and Competition in co-operation with the Ministry's provincial offices “within the scope of relevant technical regulations for which they are responsible”. With the above-mentioned Regulation, a Coordination Commission consisting of the Director Generals of the DG for Industry, DG for Measurement and Standards, DG for Protection of Consumers and Competition and DG for EU Coordination, the First Legal Consultant of the Ministry and Head of IT Department under the presidency of the Undersecretary of the Ministry has been established. This Commission meets every three months, makes the policy of market surveillance to be performed by the Ministry and ensures co-ordination among different Directorate Generals and Provincial Offices concerning market surveillance and inspection. Besides, Ministry has developed its market surveillance strategy in which the priorities of market surveillance activities were streamlined. Short term, medium term and long term goals were identified and activities are scheduled so as to start surveillance in the selected fields. Within this framework, short term means one year (1.1.2004-31.12.2004), medium term means 3 years (1.1.2005-31.12.2007) and long term means the period later than year 2007. In the short term, 15 provinces are being more actively involved in market surveillance activities. MIT focus on the market surveillance of:

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• the products which are supplied to the market on the basis of self-declaration of

conformity, • High-risk products, which would pose potential danger to the health of consumers,

users, animals and environment. Market surveillance activities according to New Approach directives are being performed as a priority on the locations where the production of the industrial goods is intensive, although the aim is to reach country-wide implementation including borders. Market surveillance for old approach legislation is conducted as usual in all provinces of Turkey. In the long term, all 81 provincial offices of the Ministry will be effectively involved in the process. Currently, there are 599 inspectors in Provincial Offices of the Ministry and 76 inspectors in the Centre. Besides, there is also 356 administrative staff that is not directly involved in market surveillance, but helps inspectors during surveillance process. MIT also gives importance to raise the awareness of producers, dealers, and consumers in the short term. MIT believes that this awareness building helps to avoid nonconformity in the market. With this regard, MIT prefers warning and training all related parties rather than imposing sanctions. When taking measures MIT gives also attention to the principle of proportionality. On the basis of ‘Regulation on Principles and Procedures of Market Surveillance to be Performed by MIT’ and in line with the goals of Market Surveillance Strategy;

MIT inspectors have already started market surveillance in the field of LVD, EMC, transportable pressure equipment, new hot water boilers, gas appliances, simple pressure vessels, pressure equipment, labelling of textiles, footwear and energy labelling of household appliances according to new legislation since the second half of 2003.

However as mentioned in the market surveillance strategy of the Ministry, this surveillance is in the form of providing information all the related parties and warning them rather than imposing sanction in the short term. For instance, within the framework of LVD and EMC, 11 companies have been visited for the control of products for sale in the last quarter of 2003, domestic and import products have been inspected and 1 company have been informed whereas other companies’ products were compatible. In the field of energy labelling 317 products, in the field of textile labelling 405 products, in the field of footwear labelling 797 products have been inspected since December 2003.

MIT prepared its market surveillance work plans for the year 2004 in the fields of

machinery, low voltage, electromagnetic compatibility, explosives for civil use, gas appliances, new hot water boilers and pressure equipment. Related DGs are being continued their activities within the context of these work plans.

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Ministry has launched a series of seminars for its inspectors from provincial offices to

be used in market surveillance activities. With this respect, three in-house training seminars have been concluded in September 2003, April 2004 and May 2004 so far. At the end of these seminars, inspectors from 81 provincial offices of Ministry have been trained on basic principles of EU technical legislation and market surveillance issues of different directives.

Such training activities are currently being continued with a different way: Each performing DG visits different companies in different provinces for the purpose of market surveillance within the context of their work plans. Before visiting companies, they give detailed information to the inspectors of provincial offices about the legislation and the principles of market surveillance to be performed. Then, inspectors from the Centre and Provincial Office perform the inspection together.

MIT carried out a study for determining the laboratory capacity of Turkey. In the light

of this study, it has been revealed that TÜBİTAK-MAM has testing facilities for pressure equipment, simple pressure vessel, transportable pressure equipment, gas appliances and new hot water boilers; National Metrology Institute (UME) has testing facilities in the field of non-automatic weighing instruments and Small and Medium Sized Industry Development Organization (SMIDO) has testing facilities in the field of pressure equipment. MIT is keeping on its studies for the purpose of utilizing these laboratories for market surveillance.

Since the beginning of 2003, “sanayi.net.tr” network has been put into implementation

in MIT. The aim of this project is to provide using of the data related to the studies conducted by central units by the provincial offices. Within the scope of the project, primarily Provincial Offices in Ankara, İstanbul and İzmir have been connected to the network. In the second phase of the project, it is being planned that connection of the 13 provincial offices in metropolitan municipalities to the above mentioned network. Within the framework of the project, preliminary studies concerning computer infrastructure (cable installation) and on-line connection operations have been concluded, tenders have been done and signature process of the contracts with the relevant firms has been launched. As indicated above, the project will be enforced firstly in metropolitan municipalities and will be extended to other provincial offices as eight groups. Project is being planned to conclude in a near future.

Ministry has announced its responsibilities, all legal and informative documents about

the harmonisation and implementation of the EU technical legislation and responsible persons in the Ministry for some regulations to the related third parties on its web page. (www.sanayi.gov.tr)

In conclusion, both legally and administratively a mechanism for market surveillance has already been established and it began functioning in Turkey. Besides, MIT re-organised and strengthened its existing market surveillance mechanism in the light of new legislation.

2) Ministry of Public Works and Settlement (MPWS);

MPWS has prepared the Communiqué regulating the activities of market surveillance which is in parallel to the steps taken by the other relevant ministries in line with the General

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Product Safety Directive, describes the way the inspections to be made for market surveillance.

The general market surveillance activities in the area of construction products formerly have been carried out by the Ministry of Industry and Trade. However, after the enforcement of the By-law the MPWS has been in charge of the market surveillance of the construction products.

Therefore, the Ministry has decided to use its 81 provincial office’s staff and its 38 provincial labs which have been used formerly for the inspection of the public buildings in this regard, under the guidance and infrastructure support of the DG-TRI.

Also, taking advantage of the ongoing revision of the Law no 4708 on Building Inspection, although its existing provisions are sufficient, giving the responsibility to the private buildings’ inspectors to control the CE marked construction products at the work-site has been introduced in to this draft revised text. It is at the Parliament.

Budget for 1230 tests has been allocated to be used in 2004, as a sampling for the risk analysis necessary for the market surveillance of the construction products for the following years. Also a comprehensive database has been launched to be purchased early this year, in order to keep track of the 130.000 construction products producers in Turkey, as well as to be used from the Ministry’s web site for the evaluations of the complaints for each product.

A general training has been given to the local authorities’ staff with the participation of other Ministries during late 2003 and early 2004. Also, training for the staff of the Building Inspection firms is planned to be made until September 2004. These trainings are likely to be repeated every year.

The Ministry has held workshops internally and will be continuing these efforts in order to further enhance its policy.

3) Undersecretariat of Maritime Affairs (UM) Regulation draft of market monitoring and inspection has been prepared by UM and has been sent to the Law advisory to be published. In order to have a better understanding of what Recreational Craft regulations bring, to have an idea about Recreational Craft regulations in detail and the market inspecting system for Recreational Craft, an information brochure has been prepared for the industry and public usage, and after publication has been distributed. Manufacture code, which is mentioned in the regulation, has been assigned to the majority of the manufacturers who manufacture Recreational Craft. Database construction studies has been started in order to have information to analyze the Recreational Craft industry in different points of views, to have the real time inventory of Recreational Craft industry and to use these data in follow-up of the activities of market monitoring and inspecting, and to also provide a cooperation for UM. Studies has been continued to construct a complaint mechanism, which will play an important role in market inspecting in UM web site. Training programs for Experts of Ship Survey Board of UM District organisations and manufacturers was given and are being continued.

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4) The Ministry of Labour and Social Security (MLSS);

MLSS, which is the authorized body for the “Personal Protective Equipment” (PPE) published in the Official Journal by the name “The Regulation on Personal Protective Equipment” on 09.02.2004. “Notification on Personal Protective Equipment Categorization Guide” and “Notification on Harmonised National Standards about Personal Protective Equipment” has also been published in the Official Journal on 04.05.2004 in consistency with the elimination of technical barriers to trade. “Regulation on the Criteria of Selection of Notified Bodies and Their Working Principles and Procedures” and “Regulation on Market Surveillance and Inspection of Personal Protective Equipment” have been prepared. After the official procedures they are going to be published in the Official Journal. “Regulation on Personal Protective Equipment” will be put into force on 09.02.2005, so MLSS has not started market surveillance activities in the market. To make this mechanism run, DG of Occupational Health and Safety under MLSS, has started to take some practical measures. For example; a department with 30 personnel has been established. For the training of this staff, training programme has been prepared with the cooperation of EU in the context of TAIEX, and will start in November 2004. The twinning project, which is in the context of Financial Cooperation Programme of EU, the administrative and technical staffs that are going to take part in the market surveillance are going to be trained. The list of the firms, which are producing, importing or exporting Personal Protective Equipment in Turkey, has been prepared and informative meetings had been held with the authorities of these firms. Economic inventory of Personal Protective Equipment had been established according to the data of the State Statistics Institute. Total inventory of Personal Protective Equipment consist of 82 million dollars per year, including 64.5 million for imports, 8.5 million for exports and 9 million dollars for production consumed in the internal market. The strategy of MLSS on Personal Protective Equipment about the market surveillance and inspection is; market surveillance and inspection of all Personal Protective Equipment all over Turkey is planned to start on the enforcement date of the Regulation. Technical assistance of 1.000.000 Euro will be provided by EU after the Twinning Project Contract. All of this source will be spent on the training of related staff.

5) The Ministry of Environment and Forestry (MoEF) MoEF, has no legal arrangements in addition to the Framework Law No.4703 “Law on Preparation and Implementation of Technical Regulations Relating to Products” and its implementing Regulation “Regulation on Market Surveillance and Inspection of Products”. In the frame of 2003 Fiscal year of cooperation, a project on harmonisation in National Chemical Sector relating to harmonisation of 4 basic chemical directives of EU was prepared for revision on Dangerous Chemicals Regulation. It was approved by EU and the Terms of Reference was prepared. It is expected to start this year.

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After revision on Dangerous Chemicals Regulation, Market Surveillance and Inspection Strategy and concrete measurements will be taken.