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therein to provide the proof of origin "EU" or "TR" in addition to the A.TR by means of an exporter's declaration is no longer applicable.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
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