(a) when developing a technical regulation, to consider, inter alia, the impact of the envisaged technical regulation and the available regulatory and non-regulatory alternatives to the proposed technical regulation which may fulfil the Party’s legitimate objectives;
(b) consistent with Article 2.4 of the TBT Agreement, to use, to the maximum extent possible, relevant international standards as a basis for their technical regulations, except when such international standards would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued; where international standards have not been used as a basis, to explain upon request to the other Party the reasons why such standards have been considered inappropriate or ineffective for the aim pursued; and
(c) consistent with Article 2.8 of the TBT Agreement, wherever appropriate, to specify technical regulations based on product requirements in terms of performance rather than design or descriptive characteristics.
Article 5.7. Conformity Assessment Procedures
1. The Parties recognise that a broad range of mechanisms exist to facilitate the acceptance of the results of conformity assessment procedures, including:
(a) the importing Party’s reliance on a supplier’s declaration of conformity;
(b) agreements on mutual acceptance of the results of conformity assessment procedures with respect to specific technical regulations conducted by bodies located in the territory of the other Party;
(c) use of accreditation procedures to qualify conformity assessment bodies;
(d) government designation of conformity assessment bodies, including bodies located in the territory of the other Party;
(e) unilateral recognition by a Party of the results of conformity assessment procedures conducted in the territory of the other Party;
(f) voluntary arrangements between conformity assessment bodies in the respective territories of each Party; and
(g) use of regional or international multilateral recognition agreements and arrangements of which the Parties are parties.
2. Having regard in particular to those considerations, the Parties shall:
(a) intensify their exchange of information on these and other mechanisms with a view to facilitating the acceptance of conformity assessment results;
(b) exchange information on the criteria used to select appropriate conformity assessment procedures for specific products and, in line with Article 5.1.2 of the TBT Agreement, require conformity assessment procedures that are not more strict or are not applied more strictly than necessary to give the importing Party adequate confidence that products conform with the applicable technical regulations or standards, taking account of the risks non-conformity would create;
(c) exchange information on accreditation policy, and consider how to make the best use of international standards for accreditation, and international agreements involving the Parties’ accreditation bodies, for example, through the mechanisms of the International Laboratory Accreditation Co-operation (ILAC) and the International Accreditation Forum (IAF);
(d) give positive consideration to accredit conformity assessment bodies in the territory of the other Party on terms no less favourable than those it accords to conformity assessment bodies in its territory, to the extent necessary to fulfil their obligations under the ILAC, the IAF and the European co-operation for Accreditation (EA); and
(e) ensure that, insofar as two or more conformity assessment bodies are authorised by a Party to carry out conformity assessment procedures required for placing the product on the market, economic operators may choose among them.
3. The Parties reaffirm their obligation under Article 5.2.5 of the TBT Agreement that fees imposed for mandatory conformity assessment of imported products shall be equitable in relation to any fees chargeable for assessing the conformity of like products of national origin or originating in any other country, taking into account communication, transportation and other costs arising from differences between location of facilities of the applicant and the conformity assessment body.
4. Upon request by either Party, the Parties may decide to engage in consultations with a view to defining sectoral initiatives regarding the use of conformity assessment procedures or the facilitation of acceptance of conformity assessment results that are appropriate for the respective sectors. The Party making the request should substantiate it with relevant information on how this sectoral initiative would facilitate trade between the Parties. In these consultations, all mechanisms described in paragraph 1 may be considered. Where a Party declines such a request from the other Party, it shall, upon request, explain its reasons.
Article 5.8. Transparency
1. The Parties reaffirm their transparency obligations under the TBT Agreement with regard to the preparation, adoption and application of standards, technical regulations and conformity assessment procedures.
2. The Parties agree, where a part of the process of developing a standard, technical regulation or conformity assessment procedure is open to public consultation, to take the other Party’s views into account and, without discrimination, to provide reasonable opportunities for the other Party and its interested persons to make comments.
3. Where a Party makes a notification under Articles 2.9 and 5.6 of the TBT Agreement, the Parties agree:
(a) to allow at least 60 days following the notification for the other Party to provide comments in writing on the proposal and where practicable, to give appropriate consideration to reasonable requests for extending the comment period; and
(b) to allow sufficient time between the publication of technical regulations and their entry into force for economic operators of the other Party to adapt, except where urgent problems of safety, health, environmental protection or national security arise or threaten to arise.
4. The notification of technical regulations and conformity assessment procedures shall include an online link to, or a copy of, the complete text of the notified document. Where possible, the Parties shall provide an online link to, or a copy of, the complete text of the notified document in English.
5. Each Party shall publish all standards, technical regulations, and conformity assessment procedures in force.
6. Each Party shall make available, as appropriate and available, written guidance on compliance with its standards, technical regulations, and conformity assessment procedures to the other Party or its economic operators, upon request and without undue delay.
Article 5.9. Market Surveillance
The Parties undertake to exchange information on market surveillance and enforcement activities.
Article 5.10. Marking and Labelling
1. For the purposes of this Article, and in accordance with paragraph 1 of Annex 1 of the TBT Agreement, a technical regulation may include or deal exclusively with marking or labelling requirements.
2. The Parties agree that, where their technical regulations contain mandatory marking or labelling, they will ensure that these are not prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective, as referred to under Article 2.2 of the TBT Agreement.
3. For the purposes of this Agreement, where a Party requires mandatory marking or labelling of products:
(a) the Party shall endeavour to restrict its requirements only to those which are relevant for consumers or users of the product or to indicate the product’s conformity with the mandatory requirements;
(b) the Party may specify the information to be provided on the label and may require compliance with certain regulatory requirements for the affixing of the label, but shall not require any prior approval or certification of labels and markings as a precondition for sale of the products in its market unless this is deemed necessary in the light of the risk of the product to human, animal or plant health or life;
(c) where the Party requires the use of a unique identification number by economic operators, the Party shall ensure that such numbers are issued to the relevant economic operators without undue delay and on a non-discriminatory basis;
(d) provided it is not misleading, contradictory or confusing in relation to the information required in the importing Party of the goods, the Party shall permit the following:
(i) information in other languages in addition to the language required in the importing Party of the goods;
(ii) internationally-accepted nomenclatures, pictograms, symbols or graphics; and
(iii) additional information to that required in the importing Party of the goods;
(e) the Party shall accept that labelling, including re-labelling and corrections to labelling, take place, where relevant, in authorised premises (for example, in customs warehouses at the point of import) in the importing Party prior to the distribution and sale of the product as an alternative to labelling in the place of origin unless such labelling is required to be carried out in the place of origin for reasons of public health or safety; and
(f) the Party shall, in cases where it considers that legitimate objectives under the TBT Agreement are not compromised thereby, endeavour to accept non-permanent or detachable labels, or marking or labelling in the accompanying documentation rather than physically attached to the product.
4. Without prejudice to the Parties’ rights and obligations under the WTO Agreement, paragraph 3 shall apply to agricultural products, industrial products, and processed agricultural food products including beverages and spirits.
Article 5.11. Coordinators
1. To facilitate the implementation of this Chapter and cooperation between the Parties, each Party shall designate a Coordinator, who shall be responsible for coordinating with interested persons in the Party’s territory and communicating with the other Party’s Coordinator on all matters pertaining to this Chapter. The Coordinators’ functions shall include:
(a) monitoring the implementation and administration of this Chapter;
(b) promptly addressing any issue that a Party raises related to the development, adoption, application, or enforcement of standards, technical regulations or conformity assessment procedures;
(c) enhancing cooperation in the development and improvement of standards, technical regulations, and conformity assessment procedures;
(d) exchanging information on standards, technical regulations, and conformity assessment procedures, including referring enquiries from a Party to the appropriate regulatory authorities, in response to all reasonable requests for such information from a Party;
(e) considering and facilitating any sector-specific proposal a Party makes to further the objectives of this Chapter;
(f) facilitating the consideration of a request by a Party for the recognition of the results of conformity assessment procedures, including a request for the negotiation of an agreement, in a sector nominated by that Party;
(g) reviewing this Chapter in light of any developments under the TBT Agreement, and developing recommendations for amendments to this Chapter in light of those developments;
(h) arranging the establishment of ad hoc working groups as mutually agreed by both Parties, in order to explore ways to facilitate trade between the Parties; and
(i) simultaneously informing the contact points set out in Article 18.16 (Contact Points) of Chapter 18 (Institutional, General and Final Provisions) of any communication between the Parties.
2. The Coordinators may communicate through teleconference, videoconference, or any other means, as mutually determined by the Parties.
3. For the purposes of this Article, the Coordinator for:
(a) Singapore shall be:
Ministry of Trade and Industry,
Trade Division,
100 High Street #09-01 The Treasury,
Singapore 179434
Tel: (65) 6225 9911
Fax: (65) 6332 7260
Email: mti_email@mti.gov.sg
or its successor or designated contact points;
(b) Turkey shall be:
Ministry of Economy,
DG Product Safety and Inspection
İnönü Bulvarı No: 36
Emek, Ankara 06510
Tel: +90 312 212 58 97
Fax: + 90 312 212 87 68
Email: tbt@economy.gov.tr
or its successor or designated contact points.
Article 5.12. Final Provisions
1. The Parties have undertaken further commitments on sector-specific non-tariff measures on goods as set out in Annexes 5-A (Electronics) and 5-B (Motor Vehicles and Parts Thereof) and the appendices pertaining thereto.
2. The Parties may discuss in the Joint Committee established pursuant to Article 18.1 (Joint Committee) of Chapter 18 (Institutional, General and Final Provisions) any implementing arrangements arising from this chapter. The Parties may, by decision in the Joint Committee, adopt any implementing measure required to this effect.
Chapter 6. CUSTOMS AND TRADE FACILITATION
Article 6.1. Agreement on Trade Facilitation
1. The provisions of Section I of the concluded Agreement on Trade Facilitation (ATF) of the WTO reproduced in Annex 6-A are hereby incorporated into and made part of this Agreement, mutatis mutandis, on a bilateral basis pending its entry into force.
2. Upon the entry into force of the ATF, Section I of the ATF shall automatically be incorporated into and made part of this Agreement, mutatis mutandis, without prejudice to the rights and obligations of the Parties with respect to each other under the WTO Agreement.
Article 6.2. Advance Rulings
Each Party shall, through its customs authorities or other competent authorities, and prior to the importation of goods into its territory and in accordance with its legislation and procedures, issue written advance rulings to an applicant concerning tariff classification, origin, and any other matters as the Party may decide.
Article 6.3. Single Window
Each Party shall develop or maintain single window systems to facilitate a single, electronic submission of all information required by customs and other legislation for the exportation, importation and transit of goods.
Article 6.4. Transparency
1. Each Party shall publish or otherwise make available, including through electronic means, their legislation, regulations, and administrative procedures and other requirements relating to customs and trade facilitation. General information on import, export, and transit procedures shall, to the extent practicable, be made available, on the internet in English.
2. Each Party shall designate or maintain one or more inquiry or information points to address inquiries by interested persons concerning customs and trade facilitation matters. The inquiries shall be addressed in English.
Article 6.5. Temporary Admission of Goods
Each Party shall continue to facilitate the procedures for the temporary admission of goods traded between the Parties in accordance with the Customs Convention on the A.T.A. Carnet for the Temporary Admission of Goods and the ATF of the WTO.
Article 6.6. Technical Cooperation
In order to enhance cooperation on customs matters, the Parties shall, inter alia:
(a) exchange information concerning their respective customs legislation, its implementation, and customs procedures, particularly in the following areas:
(i) simplification and modernisation of customs procedures;
(ii) border enforcement of intellectual property rights by the customs authorities;
(iii) transit movements and transhipment; and
(iv) relations with the business community;
(b) consider developing joint initiatives relating to import, export and other customs procedures, as well as towards ensuring an effective service to the business community;
(c) work together on customs-related aspects of securing and facilitating the international trade supply chain; and
(d) strengthen coordination in international organisations such as the WTO and the World Customs Organization.
Article 6.7. Customs Contact Points
1. The Parties shall exchange lists of designated contact points for matters arising under this Chapter.
2. The contact points shall endeavour to resolve operational matters covered by this Chapter through consultations.
Chapter 7. CROSS BORDER TRADE IN SERVICES
Article 7.1. Definitions
For the purposes of this Chapter:
“aircraft repair and maintenance services” means such activities when undertaken on an aircraft or a part thereof while it is withdrawn from service and do not include so-called line maintenance;
“computer reservation system (CRS) services” means services provided by computerised systems that contain information about air carriers’ schedules, availability, fares and fare rules, through which reservations can be made or tickets may be issued;
“cross-border trade in services” or “cross-border supply of services” means the supply of a service
(a) from the territory of one Party into the territory of the other Party;
(b) in the territory of one Party by a person of that Party to a person of the other Party; or
(c) by a national of a Party in the territory of the other Party;
but does not include the supply of a service in the territory of a Party by an investor of the other Party or a covered investment as defined in Article 12.1 (Definitions) of Chapter 12 (Investment) ;
“enterprise” means an entity constituted or organised under applicable law, whether or not for profit, and whether privately or governmentally owned or controlled, including a corporation, trust, partnership, sole proprietorship, joint venture, association, or similar organisation and a branch of an enterprise;
“enterprise of a Party” means an enterprise constituted or organised under the law of a Party, and a branch located in the territory of a Party, and carrying out substantive business activities there;
“financial service” is as defined in Article 10.1 (Definitions) of Chapter 10 (Financial Services);
“selling and marketing of air transport services” means opportunities for the air carrier concerned to sell and market freely its air transport services including all aspects of marketing such as market research, advertising and distribution. These activities do not include the pricing of air transport services nor the applicable conditions;
“service supplier” means a person of a Party that seeks to supply or supplies a service; and
“service supplied in the exercise of governmental authority” means any service which is supplied neither on a commercial basis nor in competition with one or more service suppliers.
Article 7.2. Scope and Coverage
1. (a) This Chapter applies to measures by a Party affecting cross-border trade in services by service suppliers of the other Party.
(b) Measures covered by subparagraph (a) include measures affecting:
(i) the production, distribution, marketing, sale and delivery of a service;
(ii) the purchase or use of, or payment for, a service;
(iii) the access to and use of, in connection with the supply of a service, services which are required by a Party to be offered to the public generally, including distribution, transport, or telecommunications networks and services; and
(iv) the presence in its territory of a service supplier of the other Party.
(c) For the purposes of this Chapter, “measures by a Party” means measures taken by:
(i) central, regional or local governments and authorities; and
(ii) non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities.
2. Articles 7.4 (Market Access) and 7.7 (Domestic Regulation) also apply to measures by a Party affecting the supply of a service in its territory by an investor of the other Party or a covered investment as defined in Article 12.1 (Definitions) of Chapter 12 (Investment Chapter) . (2)
3. This Chapter does not apply to:
(a) government procurement; and
(b) subsidies or grants provided by a Party, including government-supported loans, guarantees and insurance, or any conditions attached to the receipt or continued receipt of such subsidies or grants, whether or not such subsidies or grants are offered exclusively to domestic services, service consumers or service suppliers.
4. This Chapter shall not apply to measures affecting natural persons seeking access to the employment market of a Party, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis.
5. This Chapter does not apply to services supplied in the exercise of governmental authority within the territory of each respective Party.
6. Nothing in this Chapter shall prevent a Party from applying measures to regulate the entry of natural persons of the other Party into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of, and to ensure the orderly movement of natural persons across, its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to the other Party under the terms of this Chapter. (3)
7. This Chapter shall not apply to financial services except that paragraph 2 shall apply where the service is supplied by an investor or investment of the other Party that is not an investor or an investment in a financial institution (as defined in Article 10.1 (Definitions) of Chapter 10 (Financial Services) in the Party’s territory.
8. This Chapter shall not apply to air services, including domestic and international air transportation services, whether scheduled or non-scheduled, and related services in support of air services, other than measures affecting:
(a) aircraft repair and maintenance services;
(b) selling and marketing of air transport services; and
(c) computer reservation system (CRS) services.
9. Each Party retains the right to regulate and to introduce new regulations to meet legitimate policy objectives in a manner consistent with this Chapter.
Article 7.3. National Treatment (4)
Each Party shall accord to service suppliers of the other Party treatment no less favourable than that it accords, in like circumstances, to its own service suppliers.