Supplier Declarations are vital to prove the origin of a product and to claim preferential trade. Watch Out! For EU trade with Turkey, a unique supplier declaration may be required, argues Arne Mielken of Customs Manager Ltd. (S,P)
In the customs union between the European Union (EU) and Turkey, consignments of goods are usually accompanied by the A.TR movement certificate.
The A.TR submission ensures the duty-free import of goods in both areas of the customs union. If proof of preferential origin is required, for example for goods of Turkish origin to be able to deliver duty-free to other countries or to be able to issue a supplier declaration in accordance with the Union customs code for deliveries within the EU,
A special supplier declaration must also be completed by the supplier:
According to Resolution no. 1/2006 of the Committee for Customs Cooperation "European Community-Turkey", these supplier declarations or long-term supplier declarations must be provided with additional cumulation notes.
Exporter declaration for EU goods or TR goods no longer permitted
On May 24, 2019, the Turkish State Secretariat for Foreign Trade announced the repeal of Regulation 2017/4 (Regulation Additional Customs) and the implementing regulation for Regulation 2017/10926 (Regulation equalization taxes).
With the repeal of Regulation 2017/4, the "exporter's declaration" as proof of the "EU" or "TR" origin of goods in addition to the A.TR is no longer possible. The option regulated therein to provide the proof of origin "EU" or "TR" in addition to the A.TR by means of an exporter's declaration is no longer applicable.
Instead, the requirements for providing proof of origin have now been regulated in the Customs Ordinance, also amended on May 24, 2019 (in particular Art. 205).
The following applies:
For goods imported with the open market certificate "A.TR", no certificate of origin has to be presented according to Art. 205 (4) ç). however, the Ministry reserves the right to request proof of origin for risky goods.
This proof can either be a non-preferential certificate of origin or - if the goods meet the conditions for preferential origin according to the PAN-EUR-MED Agreement (PEM) and are registered as preferential goods - by a preferential (long-term) supplier declaration after resolution 1/2006 (supplier declaration "Turkey", LE-TR).
Note: If a product comes from a member state of the PEM Agreement, proof can be provided by preferential LE-TR. Alternatively, according to Article 205 of the Turkish Customs Ordinance, this proof can also be provided by means of a non-preferential IHK certificate of origin.
According to which criteria the Turkish customs also classify goods as "risk goods" is still not known. Information on this is also missing in the supplementary declaration No. AZ 44730247 of the Turkish Ministry of Commerce from May 27, 2019. Nor is there an official list of all “risk goods” so far. According to practical experience, the Turkish customs authorities seem to class every consignment as a “risk” and requires a certificate of origin
About Customs Manager Ltd.
Working with us means having a Customs Advisor, Global Trade Expert and Export Controls Consultant, on speed-dial. If you are looking for a customs consultant UK and EU, let us help you trade effectively, efficiently and, of course, compliantly, wherever you want to go in the world.
Need to stay up-to-date with changing customs and global trade rules? We monitor legislation so our clients don't have to. Learn about all changes in our fresh expert blog, join exclusive briefings and ask any questions 24/7 through to the VIP hotline. Or sign up to our no-charge, insightful newsletter.
Entrust us with your training needs and help us to upskill you and your teams in English, German, French and Spanish. We offer pubic and private live, in-house and on-demand (study from anywhere and anytime) courses.
To complete our support for globally trading businesses, we are also a UK Customs Broker. We act as a customs clearance agent on behalf of many EU and UK businesses, assisting with customs documentation and all other formalities to ensure the customs clearance of our goods. Whether you’re seeking a long-term partner to look after your customs clearance or require support for a one-off shipment, please don’t hesitate to get in touch to discuss your requirements.
Join us on social media
· LEAVE us a POSITIVE REVIEW ON GOOGLE
Customs Manager Ltd. owns the copyright in this information, unless other sources are identified.
You are not allowed to use this information in any way that infringes the intellectual property rights in it. You may have to hold a valid licence to use this information. A licence can be obtained by becoming a Premium subscriber to the Customs Managers’ Trade Intelligence service. As a Premium subscriber, you may download and print this information which you may then use, copy or reproduce for your own internal non-profit-making purposes.
However, under no circumstances are you permitted to use, copy or reproduce this information to profit or gain.
In addition, you must not sell or distribute this information to third parties who are not members of your organization, whether for monetary payment or otherwise.
This information is intended to serve as general guidance only and does not constitute legal advice. We cannot guarantee the quality, content, or accuracy of the information provided on this page as laws and information change regularly. Moreover, the application and impact of laws can vary widely based on the specific facts involved. This information should not be used as a substitute for consultation with professional legal or other competent advisers. Before making any decision or taking any action, you should consult a Customs Manager Ltd. professional.
In no circumstances will Customs Manager Ltd, be liable for any decision made or action was taken in reliance on the information contained within this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.