Directorate-General Enlargement
Directorate D Negotiation Pre-accession Coordination & Financial Instruments
Technical Assistance Information Exchange Office
Application form for Study Visit to a Member State
Country: / TURKEYDate of submission:
Objective of the study visit:
INVESTIGATION OF CUSTOMS BROKERAGE SYSTEMS AND THE RIGHT OF REPRESENTATION IN FAST (EXPRESS) DELIVERY SERVICES IN MEMBER COUNTRIES OF EUROPEAN UNION WHICH HAS STRUCTURAL CUSTOMS BROKERAGE SYSTEMS AND THE EXAMINATION OF APPLICABILITY OF THE NEW DEFINITION "AUTHORIZED ECONOMIC OPERATOR" CONSIDERED TO BE PUT IN FORCE BY THE DECISION OF EUROPEAN COMMISSION TAXUD/458/2004 WITH ARTICLES 9 AND 10.
Please complete and return to:
European Commission – TAIEX Office
Rue de la Loi 200
B-1049 Brussels
Fax: +32-2-296 68 40
E-mail:
1. Details of the applicant wishing to make the visit:Title: / CUSTOMS EXPERT
First Name: / ERDEM CAN
Surname: / KARABULUT
Ministry or Institution: / UNDERSECRETARIAT FOR CUSTOMS
Department: / GENERAL DIRECTORATE OF CUSTOMS
Function: / CUSTOMS BROKERS OFFICE
Office address (street/number/office number): / UNDERSECRETARIAT FOR CUSTOMS GENERAL DIRECTORATE OF CUSTOMS 4th floor Room No: 414 HUKUMET MEYDANI VALILIK KARSISI NO:2 ULUS
ULUS
Post code: / 06100
City: / ANKARA
Office Tel: / +903123067867
Office Fax: / +903123068415
E-mail: / ,
2. Institution/Organisation you wish to visit:
Preferred Country (choice cannot always be guaranteed) / FRANCE
Hosting Member State Authority/Institution (if known) / FRENCH CUSTOMS AUTHORITY
Name(s) of individual(s) you wish to visit (if known)
Title:
First Name:
Surname:
Ministry or Institution:
Department:
Function:
Office address (street/number/office number)
Post code:
City:
Office Tel:
Office Fax:
E-mail:
Have you had previous contact with your selected host Institution/Organisation/Expert? Yes No
3. Details of the required study visit:
a) EU legislation concerned (please give reference to regulations, directives etc.) and chapter of the Acquis
CELEX N°/Natural number:
Type of legislation: / ECC (2913/92)
Screening chapter: / 25
b) What will the task of the expert concern? / Legislation Implementation
Is there any planned or currently running PHARE/TWINNING project that is dealing with the issues covered by the request? Yes No
If yes, please indicate details:
If the task of the expert concerns legislation:
Do you already have draft legislation you wish to discuss? Yes No
Please give details of the stage of preparation of the legislation (e.g. not yet sent to Parliament):
- In the light of EU Customs Code, 2913/92, regulations about right of representation and customs brokers were put in force in the 5th, 227 th, 228 th, 229 th, 230 th Articles and in provisional 5 th and 6 th Articles of Customs Code of Turkey, numbered 4458.
- Preparation period of a law in order to establish a professional institution in attribution of a public body for customs brokers named as " Law of the Chamber of Customs Brokers" was completed (lasts 2 years) and draft of this law was sent to Parliament 2 month ago.
- Furthermore, Customs Expert Erdem Can KARABULUT made a research and prepared a customs expertise proficiency thesis named as "Customs Brokerage System in Turkey and in some of the member countries of European Union (France, Greece and Portugal), Problem is Turkish System and Proposed Solutions" on 3 rd of November, 2004. Although all of the three crucial subjects that are mentioned below were searched; because of the inadequacy of documents about these subjects and most importantly the absence of experiment to see the aforesaid countries customs implementations in their countries, that thesis could not reach to the target aimed. So, this study visit would also be very helpful to create an ultimate source for Turkish Government.
Please outline the timetable for the adoption of the legislation:
The adoption of the legislation "Law of the Chamber of Customs Brokers" is expected to be in 6 months-1 year.
A copy of the draft legislation in your own language and in English or French must be made available to the TAIEX office before the study visit can take place.
If the task of the expert concerns implementation:
Please list in detail the issues you would like to discuss with the visiting expert, such as implementing regulations, infrastructure, strategies, training and any other elements of relevance:
- Details and delicacy of the implementation of the right of direct and indirect representation related to customs clearance works are left to the member countries' own initiative by EU Customs Code. Therefore, there are serious diversity about implementation of this rights among the member countries. Hence, it is very important to see every member countries' implementation about this subject in order to harmonize Turkish legislation to European Union
- The customs declarations made by international firms (DHL,FEDEX etc.) to customs authorities related to fast delivery service consignments which type of representation is used and are there any legislations and regulations which gives authority to them in order to make the customs declarations by themselves ,in the name of other people, even in high value consignments. Because of Turkey has serious problems in this subject, it would be very helpful to see a member country of EU application particularly which has a structural customs brokerage system.
- In the decision of European Commission TAXUD/458/2004 which is formed to revise ECC, 2913/92, with the articles 9 and 10, "Authorized Economic Operator" definition is thought to be put in force. It is forecasted that, due to the diversity of representation types and structural customs brokerage system's existence among the member of EU countries, some problems may be faced regarding to this definition. It would be very useful to see a possible member country particularly which has a structural customs brokerage system to examine the applicability of this new definition.
4. Other background information relating to the current situation in the Candidate Country:
Please give an outline of your country’s current situation concerning the sector of the acquis communautaire indicated and indicate any recent developments that may be relevant in this regard:
In Turkey, Customs Brokerage System has been regulated with Customs Code of Turkey numbered 4458 and according to this law indirect representation is restricted only to customs brokers. But it is investigated that, most of the member countries of EU which have structural customs brokerage systems in their countries (for example Greece, Spain, Italy and Portugal- mostly Southern European Countries-) restricts direct representation to customs brokers in contradiction. The reasons and consequences of this representation differentiation given to customs brokers and the other parties except them -firms, entities etc. (In Turkey they are allowed to use only direct representation) - between member countries of EU and Turkey (a candidate country for European Union) should be carefully examined in a member country of EU by our experts in order to facilitate to harmonize Turkish legal institutions and relevant legislations to EU norms as soon as possible if it is deemed necessary. Also, according to the fast delivery service regulations in force in Turkey, firms (DHL,FEDEX etc) can not benefit from simplified procedures in high value consignments' customs clearance (commercial goods and goods which are subject to customs duty) if those consignmnets are broguht in tha name of any person, but not for the firm's name; and those firms do not have the right to give customs declerations related to these consignmnets with using their emplyoees. It would be very useful to see how the system takes places in a member country of EU which has a structural customs brokerage system. Lastly, in the Decision of European Commission TAXUD/458/2004 which is formed to revise 2913/92 ECC, related to representation right (9 th and 10 th Articles), brings a new definition "Authorized Economic Operator" of which application in member countries is controversial according to some countries including the candidate country Turkey because of the legislations and regulations in force,- and also according to CLECAT, other European-wide customs brokers and freight forwarders institutitions. If that decision will revise the Code, it would be very useful to see in a member country of EU to examine the applicability of this definiton in order to implement and adapt this amendment's conclusions to Turkey.
5. Draft programme for the study visit:
1 st Day :
08:30 - 09:00 : Breakfast
09:00 - 12:00 : Explanations about the legislations and regulations that are in force related to direct and indirect representations in French customs.
12:00 - 13: 00 : Lunch
13:00 - 14 :50 : The views and attitudes of customs authorities related to the new definition "Authorised Economic Operator"
14:50 - 15:10 : Break
15:10 - 17:00 : Discussion about the possible problems arising from this new definition "Authorised Economic Operator" with customs brokers, freight forwarders and the other concerned institutions.
2 nd Day :
08:30 - 09:00 : Breakfast
09:00 - 12:00 : Explanations about the legislations and regulations that are in force related to fast (express) delivery service in French customs.
12:00 - 13: 00 : Lunch
13:00 - 14 :40 : Observation of the implementation of the regulations and legislations about fast delivery service in the firms making fast delivery service (DHL, FEDEX or any other)
14:40 - 15:20 : Break
15:20 - 17:00 : Observation of the implementation of the regulations and legislations about fast delivery service in customs authorities.
3 rd Day :
08:30 - 09:00 : Breakfast
09:00 - 12:00 : Explanations about the legislations and regulations related to Customs Brokerage System that is in force in France
12:00 - 13: 00 : Lunch
13:00 - 14 :40 : Observations in the office of a Customs Broker or Customs Broker Firm
14:40 - 15:20 : Coffee Break
15:20 - 17:00 : Observation in customs authorities to see how the legislation and the regulations are implemented
6. Further details:
Preferred date of the mission (indicate week number and proposed duration of the visit):
Year: / 2005
Calendar week: / September
Duration (days): / 3 days.
Language knowledge (please state the language(s) and indicate your level of competence)
1st language: / Very Good Good Fair Poor
2nd language: / Very Good Good Fair Poor
3rd language: / Very Good Good Fair Poor
7. List of Participants (each participant should fill in a separate form)
Participant 1
Title: / CUSTOMS EXPERTFirst name: / ERDEM CAN
Surname: / KARABULUT
Ministry or Institution: / PRIME MINISTRY UNDERSECRETARIAT FOR CUSTOMS
Department: / OFFICE OF CUSTOMS BROKERS
Function: / CUSTOMS EXPERT
Office address (street/number/office number): / UNDERSECRETARIAT FOR CUSTOMS GENERAL DIRECTORATE OF CUSTOMS 4th floor Room No: 414 HUKUMET MEYDANI VALILIK KARSISI NO:2 ULUS
Post code: / 06100
City: / ANKARA
Office Tel.: / +903123067867
Office Fax: / +903123068415
E-mail: / ,
Participant 2
Title: / CUSTOMS EXPERTFirst name: / RAMAZAN
Surname: / IŞIK
Ministry or Institution: / PRIME MINISTRY UNDERSECRETARIAT FOR CUSTOMS
Department: / OFFICE OF CUSTOMS BROKERS
Function: / CUSTOMS EXPERT
Office address (street/number/office number): / UNDERSECRETARIAT FOR CUSTOMS GENERAL DIRECTORATE OF CUSTOMS 4th floor Room No: 414 HUKUMET MEYDANI VALILIK KARSISI NO:2 ULUS
Post code: / 06100
City: / ANKARA
Office Tel.: / +903123967867
Office Fax: / +903123068415
E-mail: / ,
Participant 3
Title:First name:
Surname:
Ministry or Institution:
Department:
Function:
Office address (street/number/office number):
Post code:
City:
Office Tel:
Office Fax:
E-mail:
8. Authorisation from Hierarchy (Head of EU integration department or technical department)
Title:
First name:
Surname:
Function:
Office Tel.:
Office Fax:
E-mail:
Date of consultation:
Supporting comments:
Signature (if applicable):
Please note: The information contained in this form will be made available on-line to the Mission of your country in Brussels.
Rue de la Loi 200, B-1049 Bruxelles/Wetstraat 200, B-1049 Brussel - Belgium - Office: CHAR 05/94
Telephone: switchboard +32-2-296 73 07, 296 73 08, Fax: +32-2-296 68 40
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