Tütün Üretim Mevzuatı
Legislation
In Turkey, production of tobacco and tobacco products, internal and external recruitment procedures and principles regarding the sale dated 3.1.2002 and numbered 4733 Tobacco and Alcohol Market Regulatory Authority is regulated by the Law on the Organization and Duties. The “Regulation on the Procedures and Principles Regarding Tobacco Production, Processing, Domestic and Foreign Trade” published in the official gazette numbered 27637 and 10.07.2008 has been prepared on the basis of Article 9 of the law numbered 4733. This Regulation; Transport, import and export of tobacco seeds, tobacco production, trading and balancing of producer tobacco, establishment of tobacco sales centers, technical determination of the auction starting price, processing, storage, domestic and foreign trade of tobacco and tobacco wastes, establishment of tobacco processing facilities, It covers the procedures and principles regarding production permit, project modification and transfer procedures, issuing written contracts for the production, purchase and sale of tobacco, and their monitoring and auditing within the scope of current legislation.
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Tütün Alım Satımı Yapabilecek Gerçek Şahıslarda Aranan Özellikler
Tütün ve Alkol Dairesi Başkanlığı tarafından verilen tütün ticareti yetki belgesine sahip gerçek ve tüzel kişileri kapsamaktadır. Tütün ticareti yetki belgesine sahip olan gerçek ve tüzel kişiler tütün alım ve satımı yapabilmektedir. Kurumdan yetki belgesi almadan veya bildirimde bulunmadan tütün ticareti yapanlara ellibin Yeni Türk Lirası idarî para cezası verilir (4733 sayılı kanun madde 8). Tütün ticareti yetki belgesi olan şirket isimleri TADAB internet sitesinde paylaşılmaktadır. (Tütün Ticareti Yetki Belgeli Şirketler)
Tobacco Production
Contractual Production: Real and legal persons (producers) who are engaged in tobacco agriculture and have a farmer certificate (farmer certificate of the year of production obtained from the Chamber of Agriculture, producer certificate obtained from the Provincial / District Directorate of Agriculture in places where the Chamber of Agriculture is not available), the origin characteristics of the Turkish Standard are determined by written contract. They can produce varieties of tobacco. İzmir Origin tobaccos are produced in Denizli. Tobacco contracts are printed by the Tobacco and Alcohol Market Regulatory Authority (TAPDK), the name and address information of the buyer and the producer or their representatives, the type of tobacco, the production place and area, the production amount, type definitions and types of prices, delivery conditions, payment matters, It contains special provisions as well as other mutual obligations. After both parties have signed in three copies, one copy of the contracts remains with the manufacturer and the buyer. A copy is sent to TAPDK by the Company (Buyer).
Non-Contractual Production: Producers who want to produce tobacco other than the basis of a written contract, write the identity, open address, location and area of the parcel to be produced, and the estimated production amount, form and content to the Non-Contract Tobacco Production Notification Form determined by the Authority (TAPDK) and until the end, it must notify the chamber of agriculture in the district where tobacco production is made. The notifications made are reviewed by the chamber of agriculture and the information, form and content of the producers who are tobacco farmers are recorded in the Non-Contract Tobacco Production Notification List determined by the Authority and sent to the Authority in writing and electronically until the end of the fifteenth day of June at the latest. These tobacco are sold only by the Tobacco and Alcohol Market Regulatory Authority at tobacco sales centers through auction method. It is established and operated by chambers of agriculture, tobacco agriculture sales cooperatives, all kinds of producer unions, associations and cooperatives and other real and legal persons under the supervision and coordination of the Authority. The procedures and principles regarding the establishment of tobacco sales centers, the places where they will be established, the start and end dates of the auction sales are determined and announced by the Authority. In the event that the necessary conditions for the establishment of tobacco sales centers do not arise and are needed, the procedures and principles of the purchase and sale of tobacco produced out of contract where deemed necessary are determined and announced by the Authority.
Those who will produce tobacco without a contract are obliged to make a notification. The coordination and supervision of TAPDK is required for the sale of these tobacco.
In order to object to the tobacco price, the order should be followed according to the provisions of the regulation given below.
REGULATION ON TOBACCO PRODUCTION, PROCESSING, DOMESTIC AND FOREIGN TRADE PROCEDURES AND PRINCIPLES
Dispute resolution
ARTICLE 12 - (1) In tobacco purchases and sales made according to a written agreement between the producer and the buyer, the results of the expertise made by the tobacco expert of the buyer may be objected by the producer or his representative.
(2) The application for appeal is drawn up as three samples and the original is given to the buyer and one copy to the local Chamber of Agriculture. In places where the Chamber of Agriculture is not available or in order to inform the Authority, a sample can be sent to the Authority by the producer. The objected buyer submits the objection to the Authority in writing within three working days at the latest. It is essential that the appeal application be concluded by the Institute within one month.
(3) Under the chairmanship of a tobacco expert authorized by the Authority, a three-person delegation consisting of tobacco experts, the producer and buyer representative, examines the objection and finalizes it within three days. The decision to be made by the committee is final and a re-examination cannot be requested from the Authority regarding the same objection.
(4) If the producer notifies the committee that it will not give a representative in writing, the tobacco subject to objection will be examined and finalized by those present. If a decision cannot be taken unanimously in the objections examined with two persons, the opinion of the chairman is taken as basis.
(5) If an agreement cannot be reached despite the decision of the committee, the courts of the place where tobacco production is carried out are authorized to resolve the dispute.
(6) In the event that the appeal is not notified to the Institute within the deadline, the buyer is deemed to have accepted to purchase the tobacco subject to objection at the price consisting of multiplying the amount of the product with the highest type of tobacco price in the contract.
(7) The manufacturer using his right of objection cannot be challenged by the buyer regarding the rights and obligations contained in the written contract, and the application for objection cannot be associated with the contract to be signed for the next product year.
(8) Those who are not tobacco experts in tobacco-related technical issues cannot be appointed as experts and referees.
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