Esin Commercial And Trade Quarterly

In recent weeks, i) the Communiqué on the Notification to Be Made to the Ministry by Intermediary Service Providers for the Renting of Residential Properties for Tourism Purposes, ii) the Regulation on the Trade of Motor Land Vehicles and iii) the Presidential Decree on the Approval of the Medium‑Term Program (2025-2027) (Decree Number: 8906) were published.

Additionally, i) the Presidential Decree on the Implementation of Additional Customs Duty on Imports, ii) the Presidential Decree Amending the Presidential Decree on the Implementation of Additional Customs Duty on Imports, iii) the Travel Agencies Regulation, iv) the Regulation on Regulating the Activities Regarding the Renting of Residential Properties for Tourism Purposes, v) the Presidential Decree on the Implementation of Certain Articles of the Customs Law No. 4458, vi) the Distance Sales Regulation, vii) the Regulation on the Sale of Refurbished Goods, viii) the Regulation on the Agreements Concluded Outside the Workplace and ix) the Regulation on Licensed Warehousing of Agricultural Products were amended.

Further, the Cooperation Protocol was signed between the Ministry of Trade and the Personal Data Protection Authority.

Presidential Decree Amending the Presidential Decree on the Implementation of Additional Customs Duty on Imports (Decree Number: 8723) and Presidential Decree Amending the Presidential Decree Amending the Presidential Decree on the Implementation of Additional Customs Duty on Imports (Decree Number: 8724)

The Presidency of the Republic of Türkiye published the Presidential Decree Amending the Presidential Decree Amending the Presidential Decree on the Implementation of Additional Customs Duty on Imports (Decree Number: 8724) on 3 July 2024 and the Presidential Decree Amending the Presidential Decree Amending the Presidential Decree on the Implementation of Additional Customs Duty on Imports (Decree Number: 8724) on 5 July 2024. In this regard, an additional financial obligation of 40% of the import value or USD 7,000, whichever is higher, shall be imposed on the imports of internal combustion and hybrid private automobiles imported from the People's Republic of China. However, imports benefiting from customs duty exemption within the scope of an investment incentive certificate will be exempt from the additional financial obligation.

The Presidential Decree dated 3 July 2024 is available here (in Turkish) and the Presidential Decree dated 5 July 2024 is available here (in Turkish).

Regulation Amending the Travel Agencies Regulation

On 26 July 2024, the Ministry of Culture and Tourism published the Regulation Amending the Travel Agencies Regulation. In this regard, travel agencies shall verify the permit numbers of accommodation facilities within the scope of the Tourism Incentive Law No. 2634 and the residential properties to be rented for tourism purposes within the scope of the Law No. 7464 on the Renting of Residential Properties for Tourism Purposes and Amendment of Certain Laws, before engaging in sales and marketing activities of such accommodation facilities and residential properties and shall display these permit numbers on their platform. Travel agencies shall not conduct marketing and sales activities of accommodation facilities and residential properties without a permit certificate.

The Regulation is available here (in Turkish).

Regulation Amending the Regulation on Regulating the Activities Regarding the Renting of Residential Properties for Tourism Purposes

On 26 July 2024, the Ministry of Culture and Tourism published the Regulation Amending the Regulation on Regulating the Activities Regarding the Renting of Residential Properties for Tourism Purposes.

The Regulation is available here (in Turkish).

The main amendments introduced by the Regulation are as follows:

• A notarized copy of the decision of the board of condominium owners / co-owners taken by the co-owners among themselves or through the persons they have appointed as representatives to the board of condominium owners must be submitted for each building or independent section in a building containing more than one independent section that is intended to be subject to renting for tourism purposes and for which a time-share right is granted in accordance with the time-share agreement attached to the declarations section of the land registry.
• For residential properties for which time-share rights are granted, if the residential property is located in a building with more than one independent section or in housing estates, i) a notarized copy of the unanimous decision taken by the floor owners of all independent sections that it is deemed appropriate to conduct such activities in the relevant residential property, and ii) a permit certificate on behalf of the same lessor for, at most, 25% of the buildings consisting of more than three independent sections will not be sought.
• In the event of short-term rental for tourism purposes of the residential properties for which time-share rights are granted in accordance with the time-share or management agreement; the permit certificate will be issued on behalf of the management company authorized by the board of condominium owners (by the co-owners in detached buildings).
• For the certification of the immovable properties for which timeshare rights are granted, the qualifications for high-quality residences will be sought. Also, the following documents will be required in the applications for permit certificates for residential properties for which time-share rights are granted:
  • time-share or management agreement
  • a copy of zoning status certificate
  • if it is determined that the parcel is reserved for tourism purposes, a letter to be obtained from the relevant municipality for the determination of the vested right
  • a notarized copy of the decision taken by the board of condominium owners or co-owners that the short-term rental of the property for tourism purposes is permitted and that the management company is authorized
• The Ministry of Culture and Tourism is entitled to share data with other relevant public institutions and organizations, travel agencies and intermediary service providers to prevent intermediary service providers from ensuring the electronic commerce and promotion of unpermitted residential properties.

Communiqué on the Notification to Be Made to the Ministry by Intermediary Service Providers for the Renting of Residential Properties for Tourism Purposes

On 26 July 2024, the Ministry of Culture and Tourism published the Communiqué on the Notification to Be Made to the Ministry by Intermediary Service Providers for the Renting of Residential Properties for Tourism Purposes. In this regard, the procedures and principles of the notifications to be made to the Ministry of Culture and Tourism by intermediary service providers listing the advertisements regarding short-term rentals for tourism purposes on their platform were regulated.

The Communiqué is available here (in Turkish).

The main amendments introduced by the Communiqué are as follows:

• Intermediary service providers that ensure the electronic trade and promotion of residential properties subject to rental for tourism purposes shall notify the Ministry of Culture and Tourism with the following information on a monthly basis:
  • address information of the property
  • name-surname/title, ID number/foreigner ID number/tax number/ passport information, address and contact information of real or legal persons to whom services are provided
  • permit certificate number
  • date range, number, link and fee information of the advertisement
• The notifications for each month shall be made to konutbelgelendirme@ktb.gov.tr of the Ministry of Culture and Tourism in accordance with the format published on the official website of the Ministry of Culture and Tourism until 23:59 on the 10th day of the following month.

Presidential Decree Amending the Presidential Decree on the Implementation of Certain Articles of the Customs Law No. 4458

On 6 August 2024, the Presidency of the Republic of Türkiye published the Presidential Decree Amending the Presidential Decree on the Implementation of Certain Articles of the Customs Law No. 4458.

The Decree is available here (in Turkish), and our legal alert on the Decree is available here for details.

The main amendments introduced by the Presidential Decree are as follows:

• The tax rates to be collected on a single and lump sum basis in terms of goods (i) that are delivered to a real person through mail or fast cargo transportation, (ii) not of commercial quantity and nature, and (iii) whose value does not exceed EUR 30 (for pharmaceutical goods, the upper limit is EUR 1,500) shall be applied as follows:
  • 30% for goods imported from EU member states
  • 60% for goods imported from other countries
• If the goods in question are among the goods included in the list (IV) attached to Special Consumption Tax Law No. 4760, an additional 20% tax will be collected in addition to the above rates.
• Fast cargo companies that meet the conditions set by the Postal Administration and the Ministry of Trade can be authorized as indirect representatives in the follow-up and finalization of all customs transactions, including the customs declaration of certain goods with a value exceeding EUR 30 but not exceeding EUR 1,500.

Regulation Amending the Distance Sales Regulation

On 10 August 2024, the Ministry of Trade published the Regulation Amending the Distance Sales Regulation.

The Regulation is available here (in Turkish).

The Regulation postpones the effective date of the following provisions to 1 January 2026:

• In cases where the right of withdrawal can be exercised, the obligations of the seller or provider to provide preliminary information to the consumer i) on the conditions, duration and procedure for exercising the withdrawal right, ii) on the courier envisaged by the seller for the return, iii) on the return cost not exceeding the delivery cost in case the goods are returned by this courier and by which party will bear the return cost, iv) that the return cost will be borne by the consumer in case of return by a courier other than the envisaged one
• The obligations of the seller or provider arising upon the exercise of the withdrawal right by the consumer
• In cases where the intermediary service provider collects the price on behalf of the seller or provider, and the consumer exercises the right of withdrawal upon the delivery of the goods, if the price has not been transferred to the seller as of the date of receipt of the withdrawal notification, the joint and several responsibility of the intermediary service provider with the seller or provider for the return of the goods or service price collected and the delivery costs to the consumer within 14 days from the date of the delivery of the goods to the courier if the goods are returned by the courier that is foreseen for the return, or from the date of delivery to the seller if the goods are returned by a courier other than the foreseen one for the return
• The obligation of the consumer to return the goods to the seller or provider or to the person authorized by the seller or provider within 14 days from the date of the consumer's notification of the exercise of the right of withdrawal, unless the seller or provider makes an offer to take back the goods itself
• The obligation of the consumer to bear the cost of the return, not exceeding the delivery costs, if agreed in the preliminary information, and if the amount for the return of the goods by the courier foreseen by the seller is specified
• Unless otherwise agreed by the parties, the prohibition of the consumer to exercise the right of withdrawal under the following:
  • agreements regarding the movables for which registration is mandatory according to Highway Traffic Law No. 2918 and unmanned aerial vehicles for which registration is mandatory
  • agreements regarding cell phones, smartwatches, tablets and computers that have already been delivered to the consumer
  • agreements concluded through live auction
  • agreements regarding the installation or assembly of the goods that are specified to be installed or assembled by the seller or authorized service in the introductory guideline and user manual

Regulation Amending the Regulation on the Sale of Refurbished Goods

On 21 August 2024, the Ministry of Trade published the Regulation Amending the Regulation on the Sale of Refurbished Goods.

The Regulation is available here (in Turkish).

The main amendments introduced by the Regulation are as follows:

• Persons and businesses engaged in the trade of mobile phones, tablets, smartwatches, computers, game consoles and modems will register the information and documents determined by the General Directorate of Consumer Protection and Market Surveillance in the system created by the Ministry of Trade, to be effective 3 months after the announcement to be published on the official website of the Ministry of Trade.
• If violations of the Regulation are identified and if the violation continues despite the written warning of the General Directorate of Consumer Protection and Market Surveillance, or if the violation is not rectified within the given period, the renewal authorization certificate will be suspended for up to 6 months depending on the nature of the violation. If deemed necessary, additional time may be granted for the rectification of the violation.
• If the renewal center, whose renewal authorization certificate is suspended, rectifies the violation, its renewal authorization certificate shall be validated by the General Directorate of Consumer Protection and Market Surveillance. If the violation is not rectified, the renewal authorization certificate shall be canceled.
• The renewal center will be able to conduct its renewal activities through its affiliated branches, authorized buyers and authorized dealers, which hold service qualification certificates obtained in accordance with the specifications set out in the regulations or standards determined by the Ministry of Trade or the Turkish Standards Institute for branches.
• The renewal center shall notify the General Directorate of Consumer Protection and Market Surveillance within 10 business days from the date of registration for the branch that will conduct renewal activities, and within 10 business days from the date of authorization for buyers and dealers authorized for renewal.
• The renewal center shall monitor and supervise the renewal activities conducted by the branch, authorized buyer and authorized dealer and eliminate the deficiencies.
• The renewal activity performed by the branch, authorized buyer and authorized dealer shall be deemed to have been conducted by the renewal center.
• The renewal center shall be jointly and severally liable for the activities of the branch, authorized buyer and authorized dealer conducting the renewal activity.
• The renewal center shall ensure that the software used in the renewal activities are used by the branch, authorized buyer and authorized dealer.
• The website of the renewal center shall include the title, address and current contact information of the branches, authorized buyers and authorized dealers.
• The branch, authorized buyer and authorized dealer engaged in the renewal activity shall not be able to transfer the renewal authorization.

Regulation Amending the Regulation on the Agreements Concluded Outside the Workplace

On 23 August 2024, the Ministry of Trade published the Regulation Amending the Regulation on the Agreements Concluded Outside the Workplace. The Regulation will enter into force on 1 January 2025.

The Regulation is available here (in Turkish), and our legal alert on the Regulation is available here for details.

The main amendments introduced by the Regulation are as follows:

• The following will be outside the scope of the Regulation:
  • sales in shopping centers
  • cleaning services
  • services related to betting, raffles, lotteries and similar games of chance
  • agreements regarding accommodation, transportation of goods, car rental, provision of food and beverages, and the use of free time for entertainment or recreation purposes, which must be made on a specific date or period
• The Regulation shall not apply to the agreements for sales of goods or services with a value not exceeding TRY 250.
• Sellers or providers must provide the following information to the consumer before entering into an agreement concluded outside the workplace or any offer corresponding thereto:
  • the period and procedure for exercising the right of withdrawal
  • the conditions under which the right of withdrawal will be lost
  • the consumer will not be able to benefit from this right if one of the exceptions to the right of withdrawal applies
• The following points must be included in the agreements to be concluded within the scope of the Regulation:
  • The email address of the seller enabling the consumer to contact the seller
  • The province and district where the agreement has been concluded
  • The email address to which the withdrawal notice will be submitted and the phone number to which the consumer can send a text message
  • The condition for consumers to apply to a mediator before filing a lawsuit before the consumer courts, which is stipulated as a cause of action under Article 73/A of Consumer Protection Law No. 6502
  • The sellers or providers must ensure that the consumers write the following statements in their own handwriting on the agreement:
    • For the agreements where the right of withdrawal can be exercised: "I have been informed that I can exercise my right of withdrawal within fourteen days and that I cannot exercise this right verbally. I received a copy of the agreement and the sample withdrawal form by hand."
    • In cases where the right of withdrawal cannot be exercised: "I am aware that I cannot exercise my right of withdrawal under this agreement."
    • In cases where the right of withdrawal will be lost: "I am aware that I will lose my right of withdrawal if the packaging or protective elements of the goods subject to this agreement are opened."
• The right of withdrawal can be exercised for the agreements concerning i) digital content provided in tangible media if the packaging is opened after the delivery of the goods; and ii) services that have started to be performed upon the approval of the consumer before the expiration of the right of withdrawal period, unless there is an agreement to the contrary by the parties.
• Despite the warning as a result of the determination of practices in violation of the Regulation, if such practices are determined again within 1 year from the date of notification of the warning, the authorization certificate of the relevant sellers or providers will be cancelled by the Provincial Directorate.
• The sellers or providers whose authorization certificate has been cancelled, and other sellers or providers whose managers, members of the board of directors or partners are authorized to represent them, will not be issued an authorization certificate for a period of 1 year from the date of cancellation.
• If the authorization certificate is used except for agreements concluded outside the workplace, the seller's or provider's authorization certificate will be cancelled without warning and the authorization certificate will not be reissued.

Regulation on the Trade of Motor Land Vehicles

On 27 August 2024, the Ministry of Trade published the Regulation on the Trade of Motor Land Vehicles. The Regulation repealed the Regulation on the Trade of Second-Hand Motor Land Vehicles and regulated the trade of second-hand vehicles as well as the trade of new vehicles.

The Regulation is available here (in Turkish).

The main amendments introduced by the Regulation are as follows:

• Sales of unregistered motor land vehicles between authorized dealers are excluded from the scope of the Regulation.
• The scope of the Information System (tr. Bilgi Sistemi) to be established by the Ministry of Trade will include second-hand vehicles as well as new vehicles.
• The activities of distributors that significantly impair the commercial activities of authorized dealers, reduce their ability to make reasonable decisions, or cause them to be a party to a commercial relationship to which they would not be a party under normal circumstances are defined as unfair commercial practices, and such unfair commercial practices are prohibited.
• The following exemplary activities of distributors will be considered as unfair commercial practices in all cases:
  • Forcing the authorized dealer to purchase more vehicles in 1 month than the monthly average of its sales in the last 3 years
  • Increasing the price of the vehicle after the invoice date or not delivering the vehicle to the authorized dealer within 15 days
  • Conditioning the sale of a vehicle on the purchase of goods or services from itself or another entity
  • Making the authorized dealer's benefit from campaigns related to vehicle sales to conditions such as the sale of other products and services, price reduction, restriction of the authorized dealer's profit margin and vehicle sales quota.
• Distributors shall make the recommended price of vehicles available electronically.
• As of 1 January 2025, authorized dealers, while marketing and selling unregistered motor land vehicles
  • shall not increase the sales price of the vehicle as of the moment the taxes are paid by the buyer;
  • shall notify the buyer of its right to fix the price of the vehicle; and
  • shall deliver the vehicle to the buyer within 15 days from the date of payment of the taxes.
• As of 1 January 2025, an order form shall be issued in writing or electronically and delivered to the buyer on the same day for order basis sales where the buyer undertakes to pay part of the sale price of the unregistered motor land vehicle in advance and the seller undertakes to transfer and deliver the vehicle to the buyer after partial or full payment of the price. No payment or document that puts the buyer under debt shall be received from the buyer without the issuance of this form.
• The ordered vehicle shall be delivered to the buyer within the period specified in the form, which will not be more than 45 days. This period shall be calculated on the basis of the date on which the form is issued or the partial payment is made, whichever is earlier.
• Until the vehicle becomes deliverable to the buyer within 7 days, a partial payment of up to 10% of the final sale price or a document that puts the buyer under debt can be received from the buyer.
• The buyer is entitled to cancel the order within 14 days from the date of issuance of the order form without any justification and without being subject to a penalty clause. It will be sufficient if the notification of the cancellation of the order is addressed to the seller within this period. The cancellation right will not be available for the orders customized with features not included in the existing equipment list and the vehicles with special equipment.
• The authorized dealer shall notify the buyer in writing about the cancellation of the order. The burden of proof that the notification has been made shall be on the authorized dealer.
• If the order is canceled, all payments made by the buyer and any documents that put the buyer under debt will be refunded within 10 days from the date of receipt of the cancellation notice by the authorized dealer.
• Manufacturers, distributors and authorized dealers of motor land vehicles, vehicle importers other than distributors, businesses, appraisal businesses, advertisement and tender platforms, and businesses that perform pre-appraisal of used motor land vehicles electronically:
  • shall not engage in behavior that is deceptive and against the principle of good faith and shall not perform unfair and illegal commercial practices, shall not conceal information that may affect the purchase and sale preferences of the persons to whom it provides services, and shall not encourage such persons to engage in illegal or unethical practices; and
  • shall comply with the measures taken and instructions given by the Ministry of Trade for the purposes of developing the motor land vehicle trade, eliminating or preventing the emergence of market failures and protecting consumers, and shall submit the information and documents requested by the Ministry of Trade in accordance with the request.
• In the event of any change in the information contained in the authorization certificate issued on behalf of the enterprise in order to engage in the trade of second-hand motor land vehicles, the authorization certificate must be renewed within 30 days from the date of the change.
• Platforms that provide electronic media for advertisements for the marketing and sale of motor vehicles belonging to others shall:
  • check the authorization certificate through the Information System before the membership or registration and renewal of businesses and will reject the membership or registration of businesses that do not hold an authorization certificate;
  • verify the name, surname, Turkish ID number or foreign ID number and telephone number of the real person and the title and telephone number of the legal person before the membership or publication of the advertisement, and verify the correctness of this information at least once every calendar year, ensure that it is updated and keep this information for 5 years;
  • ensure that the full name and surname, or full name and surname/ surname initials, and the registered trade name, if any, of the legal persons making the advertisement, are displayed;
  • verify through the electronic systems of the Ministry of Trade before publishing the advertisement that the vehicle subject to the advertisement belongs to the advertiser or, if the advertiser is a legal person, to first- and second-degree blood relatives or a spouse, or that the advertiser is authorized by the owner of the vehicle subject to the advertisement;
  • ensure communication with customer services in order to submit requests and complaints regarding the advertisements through at least one of the internet-based communication methods and by telephone, and ensure that these requests and complaints are effectively managed and resolved; and
  • take measures to prevent advertisements that disrupt the market structure or mislead consumers.
• If some or all of the payment for the sale of second-hand motor land vehicles is made by cash, money order, electronic fund transfer or other payment methods determined by the Ministry of Trade, the sales price of the vehicle shall be paid through the electronic system established by the institution authorized by the Ministry of Trade in a way that ensures that the ownership of the vehicle and the sales price change hands simultaneously. Expenses related to the use of the electronic system will be deducted from the sales price of the vehicle transferred to the seller.

Cooperation Protocol Between the Ministry of Trade and the Personal Data Protection Authority

On 28 August 2024, the Ministry of Trade published an announcement regarding the signing of a Cooperation Protocol between the General Directorate of Consumer Protection and Market Surveillance of the Ministry of Trade and the Personal Data Protection Authority. According to the statement made by the Ministry of Trade, the purpose of the Cooperation Protocol is to raise awareness in every segment of society about advertising and misleading commercial design practices, to pursue international regulations and practices in common areas regarding digital advertising and applications and the use of personal data, and to produce common policies against existing or potential violations.

The Announcement is available here (in Turkish).

Presidential Decree on the Approval of the Medium‑Term Program (2025-2027) (Decree Number: 8906)

On 5 September 2024, the Presidency of the Republic of Türkiye published the Presidential Decree on the Approval of the Medium-Term Program (2025-2027) (Decree Number: 8906). The Medium-Term Program aims to simplify customs and trade procedures and ensure effective trade diplomacy to improve trade capacity and increase competitiveness in foreign trade. In this regard, it is anticipated that the transaction capacities of customs authorities and customs gates will be increased, their physical and technological infrastructures renewed in line with needs by considering domestic utilization capabilities, and the efforts to update the Customs Union with the EU institutions maintained.

The Presidential Decree is available here (in Turkish), and our legal alert on the Presidential Decree is available here for details.

Regulation Amending the Regulation on Licensed Warehousing of Agricultural Products

On 14 September 2024, the Ministry of Trade published the Regulation Amending the Regulation on Licensed Warehousing of Agricultural Products. In this regard, the guarantee obligation for licensed warehousing businesses whose field of activity does not include cereals, legumes and oilseeds and that have 51% or more of their total shares held by i) public entities, ii) state economic enterprises, iii) public economic enterprises, iv) commodity exchanges or agricultural sales cooperatives and associations can also be fulfilled through a surety agreement. The amount of guarantee given under a surety agreement shall not exceed 90% of the total guarantee amount determined by the Ministry of Trade. Furthermore, the guarantor must be a joint and several guarantor and must be one of the abovementioned legal entities.

The Regulation is available here (in Turkish)

Conclusion

Significant legislative developments continue to be made in the commercial and trade sector. All stakeholders in the sector should carefully review the legislative developments and ensure compliance with the regulations.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.