Türkiye – Import Inspection of Environmentally Controlled Chemicals (Product Safety and Inspection: 2026/6)

Scope

The Communiqué applies to the importation (under Release for Free Circulation, Inward Processing, Processing Under Customs Control, and Temporary Importation) of items listed in:

• Annex-1/A, 1/B, 1/C: Ozone-depleting substances (OTİM) and goods containing/operating with them (including import bans),
• Annex-2: Fluorinated greenhouse gases (incl. HFCs) and certain mixtures,
• Annex-3/A: Prohibited chemicals,
• Annex-3/B: Controlled chemicals (subject to strict conditions),
• And related documentary frameworks (Annex-4 OTİM Control Certificate, Annex-5 HFC Control Certificate, Annex-6 Exemption Declaration Acceptance Letter, etc.).

Mandatory Surveillance Certificate

Depending on the category, import is conditioned as follows:

1) OTİM (Ozone-Depleting Substances)

• General rule: Imports of substances in Annex-1/A and goods listed in Annex-1/B and 1/C (if containing/operating with such substances) are prohibited.
• Exception / controlled OTİM imports: Certain OTİM chemicals (explicit GTİP list under Article 5) may be imported only with the Ministry’s permit and only for:
• Documentary proof: OTİM Control Certificate (Annex-4) is required for the controlled OTİM imports.

2) F-gases / HFCs (Annex-2)

• Importing Annex-2 substances in single-use containers is prohibited, except for laboratory/essential use.
• For bulk imports (pure/used/recycled/reclaimed; including mixtures in Annex-2 categories), conformity is documented by a Hydrofluorocarbon (HFC) Control Certificate issued as an e-document via TPS, based on the FARAVET application.
• Quota rule: Except for the laboratory/essential-use single-use container pathway, Annex-2 imports are quota-controlled under an annual national quota managed by the Ministry.

3) Other restricted chemicals (Annex-3/A & Annex-3/B)

• Annex-3/A: Imports are prohibited (with the limited exception framework described in Article 12).
• Annex-3/B: Imports are generally prohibited unless the importer meets the specific exemption conditions under the relevant POPs framework or imports for scientific R&D / laboratory reference standards, supported by an Exemption Declaration Acceptance Letter (Annex-6).

Application and Review Process

OTİM Control Certificate (Article 7)

• Application must be submitted before export clearance in the exporting country is completed.
• Required documents include (as listed in the Communiqué): OTİM form, original proforma invoice + notarized translation, original analysis document + notarized translation, original label/sticker details (incl. CAS and chemical name), and the payment receipt.

HFC Control Certificate / FARAVET (Articles 10–11)

• Importers (in the relevant pathways) must apply through FARAVET, and the document is issued via Single Window (TPS).
• The HFC Control Certificate:

Special pathways

• Inward Processing (export-registered) HFC imports: Instead of an HFC Control Certificate, a fixed reference number is declared in Box 44 (as explicitly stated in Article 10(2)), while FARAVET registration remains mandatory.
• Annex-2 / GTİP 3827.69.00.00.12: The Communiqué explicitly states no Control Certificate is required for this GTİP.

Practical Application and Customs Declaration Requirements

At customs registration, the following documents are checked by the customs office (Article 13):

• OTİM Control Certificate for the controlled OTİM pathway (Article 5),
• HFC/HFC-related Control Certificates for Annex-2 imports under Article 10,
• Exemption Declaration Acceptance Letter for Annex-3/A and Annex-3/B imports permitted under Article 12(2).

Operationally critical points for importers:

• Category accuracy is decisive: OTİM vs Annex-2 vs Annex-3/A–3/B determines whether the shipment is prohibited, quota-controlled, or permitted only for narrow purposes.
• Container type matters for Annex-2: single-use containers trigger a prohibition unless the laboratory/essential-use route applies.
• Certificate timing matters: OTİM documentation is designed to be completed before the exporter finalizes export clearance.
• Quota readiness (Annex-2): commercial planning should align with annual quota availability and FARAVET licensing steps.

Validity and Legal Effect

• OTİM Control Certificate (for Article 5 items) is valid until the end of the calendar year, not extendable.
• HFC Control Certificate is valid until the end of the calendar year, non-transferable, and invoice-specific.

Enforcement and Compliance Risk

This Communiqué is high-risk for delays and enforcement exposure because it includes:

• Import prohibitions (Annex-1 and Annex-3 baseline rules),
• Strict purpose limitations (laboratory/essential/critical use),
• Quota controls (Annex-2) and FARAVET-based licensing,
• Customs-side documentary checks at registration, meaning any mismatch typically results in clearance blockage.

Typical risk areas in practice:

• Incorrectly declaring goods that contain/operate with OTİM as outside the prohibition scope,
• Annex-2 shipments arriving without valid FARAVET/TPS documentation,
• Misuse of the laboratory/essential-use pathway (especially for single-use containers),
• Attempting to reuse/transfer HFC certificates contrary to explicit rules.

Repealed Regulation and Entry into Force

• The Communiqué repeals Product Safety and Inspection: 2025/6.
• It entered into force on 1 January 2026.

Transitional provisions

• Goods dispatched for export to Türkiye (or presented to customs under customs law) before entry into force remain subject to the repealed Communiqué for 45 days.
• For certain GTİPs newly brought under Annex-3/A or Annex-3/B compared to the repealed Communiqué, the new controls do not apply until 28 February 2026 (inclusive), subject to the Communiqué’s stated limitation relating to GTİP changes due to tariff nomenclature updates.

Compliance Assessment

For importers, compliance should be structured around three controls:

1. Prohibition screening (Annex-1 and Annex-3 first),
2. Purpose + container + quota pathway selection (especially Annex-2),
3. Document readiness and TPS/FARAVET alignment before shipment (to avoid clearance stoppage at registration).

Given the explicit calendar-year validity and quota logic, import planning should be calendar-based, with early FARAVET actions and strict document governance per invoice and shipment.

See the legislation document.