Purpose and Scope
ARTICLE 1- (1) This Law covers the determination of tea farming areas, the rights and obligations of wet and dry tea producers, the sale of dry tea to the Tea Exchange, the determination of support conditions, the regulation and supervision of the tea market and the establishment and supervision of the Tea Market Regulation and Supervision Board. .
ARTICLE 2- (1) In the application of this law;
1) Ministry: Ministry of Agriculture and Rural Affairs,
2) Board: The Tea Market Regulation and Supervision Board,
3) General Directorate: General Directorate of Tea Operations,
4) Tea farming area: The areas where tea farming is possible and whose limits are determined and announced by the Board,
5) Dried tea: Black, green and similar quality tea products obtained by proper processing of wet tea leaf of Camellia Sinensis,
6) Tea wastes: Percentage products to be determined by the Board, which are to be formed during production and not included in the definition of tea,
7) End products: Final products which are produced as a result of the production steps and which are obtained by subjecting the products other than dry tea to a new process,
8) Age tea maker: Real or legal persons who make aged tea agriculture,
9) Tea area license: Official document showing the areas where tea cultivation is permitted and details are determined by regulation,
10) Age tea delivery certificate: A notebook, a cork or a digital card that contains the aged tea amounts, including a summary of the identity information of the tea producers and the information of the tea area licenses,
11) Dried tea maker: Natural or legal persons who transform the wet tea plant into dry tea and end products by processing it in factories, workshops or similar facilities that have been given an operating license by the board,
12) Machine Maker: Real or legal persons who manufacture all kinds of machines, equipments, tools and similar technical products used in the production stages of wet tea plant and dry tea,
13) Harvest period: Period according to climatic conditions Period of realization of wet tea production determined by the Board,
14) Tea Exchange: The Specialized Stock Exchange established in accordance with Article 53 of Law No. 5174 dated 18.05.2004 and authorized by the Board for the purchase and sale of dry tea,
15) Support: All kind of sources, including organic tea, to be supplied from wet tea producers and national tea producers, tea nursery growers, accredited buyers and exporters and national and international funds to encourage quality tea production and exports,
16) Fertilization: The types of fertilizers that should be used in the direction of determinations to be made in tea farming areas and whose standards are determined by the Board,
17) International norm: determined at national and international level; equipment, raw material, environment and similar hygienic conditions for healthy food production of factory, workshop and similar facilities,
18) Ingredients: According to consumer tendencies, including the manufacturing process, the substances that can form, flavor, color, flavor,
19) Foreign Substances: All kinds of chemicals and other substances which are outside of additives, which may be harmful to health and which are objectionable in terms of food safety,
20) Broker: Legal persons who have been appointed and licensed by the Board of Directors and authorized to act as intermediaries for the sale of dry tea to the exchange market,
21) Licensed Warehouse: Private warehouses licensed under the regulation to be issued by the Board and operated by brokers, to keep dry tea only for dry tea producers,
22) Acredite Buyer: Real or legal persons who have the authority to purchase dry tea from the stock exchange,
23) Packer: The real or legal persons who supply the dry tea which is bought with the stock exchange channel or imported by official means to be offered to the final consumer and packaged according to the standards determined by the Board,
24) Quota: The limit values that determine the amount of dry tea processing and dry tea availability given by the Board on an annual basis to dry tea producers and the amount of dry tea to be sold on the monthly stock market channel,
25) Common Export Pool System: The system that will regulate the balances in the domestic market with the imbalance that can occur in the balance of supply and demand, with the excess of domestic consumption, the rate of dry tea, the rate of dry tea producers to be determined by the Board,
Tea Market Regulation and Supervision Board
ARTICLE 3- (1) The Tea Market Regulation and Supervision Board has been established, which has public legal personality, administrative and financial autonomy and is the related organization of the Ministry, to fulfill the duties given by this Law and other related laws and regulations and to use the authorities. The center of the establishment is Rize. The Board may establish liaison offices where deemed necessary. The Tea Market Regulation and Supervision Board is formed by the Chairman and members of the Board and the organizer who carries out the board activities in connection with the Başkana. The President and the members shall constitute the decision body of the Board. The Chairman of the Board is the head of the decision making body and the executive body.
The Board is independent while performing its duties. No organs, authorities, authorities and persons may issue orders or instructions to influence the decisions of the Board.
The Board shall freely use the financial resources allocated to it within the framework of the principles and procedures laid down in this Law and in the Public Financial Management and Control Law No. 5018 dated 10/12/2003 within the framework of the procedures and principles determined in its own budget to the extent required by its duties and authorities. Eighty percent of the administrative penalties imposed by the Board are registered as revenue for the Board. These penalties are used in the areas designated by the Board for the mutual benefit of the tea industry.
The Board employs a sufficient number and quality of personnel to effectively carry out its duties and authorities.
The property of the Board is the property of the State, can not be seized and can not be pledged. The Board is empowered to purchase, sell, construct, submitting, submitting, expropriating, borrowing money, and carrying out legal proceedings within the framework of the provisions of this law.
The name of the board has been added to the chart (3) of the Law on Public Financial Management and Control No. 5018.
The Board may communicate directly with each institution and organization due to the works entered into its field of duty and addressees and institutions; It is obliged to give the information and services requested by the Board within its scope and to assist the Board.
The Board is subject to the supervision of the Prime Ministry Supreme Board of Auditors.
The Ministry is associated with the Ministry, the Ministry of Agriculture and Rural Affairs.
The board consists of a total of nine members, one chairman and one chairman. Board members; One member from two candidates nominated by the Ministry of Finance and the Undersecretariat of Treasury, two members from four nominees selected by the Rize Commodity Exchange Council, one member from two nominees selected by the Trabzon Commodity Exchange Council, one member from two candidates nominated by the General Directorate, One Member from among the three candidates to be shown by the Union of Agricultural Chambers from the Chambers of Agricultural Chambers of Provinces and Districts and one of the two nominees selected by the Higher Education Council among those who have been recognized by scientific studies in the field of tea plants or who have made important contributions to the sector with their services are appointed by the Council of Ministers .
The term of office of the board members is five years. Members who are appointed to the Board shall be terminated if they are separated from their duties in the institutions they represent. A new member shall be appointed by the Council of Ministers within one month at the latest in accordance with the procedure laid down in the article, for the place of termination of the corporate identity or for any other reason. Candidates with the most votes from the elected members are nominated again. Those who are appointed in this way fulfill the deadlines of the members they replace.
Upon the invitation of the President, the Board shall convene with the absolute majority of the members, not less than twice a month. The Board may hold an extraordinary meeting with the invitation of the President or at least a written request of at least five members and an absolute majority of the total number of members. The meeting shall be governed by the Chairman of the Board or vice chairman in his absence. The agenda of each meeting shall be prepared by the Chairman or his / her Deputy Chairman two full days before the meeting and informed to the members of the Board.
The Chairman and members of the Board attend the meeting. Those who are excused from the members of the Board must notify the Chairman of the Board of their excuses before the meeting. Members who have not attended four consecutive meetings or a total of ten meetings within a year without an excuse are deemed to have resigned. New members shall be appointed according to the procedure specified in this article.
The Board shall take its decisions with the votes of the absolute majority of the members in the same direction. Board members can not vote abstention. The member who does not participate in the majority decision shall notify the Board in writing within two days at the latest, the reason for the opposition.
Meeting decisions are announced by the Board.
Qualifications of Board Members
ARTICLE 4- (1) Members of the Board; (this condition is not required for board membership selected for agricultural chambers) who have sufficient knowledge and experience in profession, and who have professions in the fields of law, economics, business, international relations, public administration, finance, science, food, agriculture, tea expertise and engineering are selected from persons who have worked in the public or private sector for at least ten years. Members shall also be subject to the conditions set out in subparagraphs (1), (4), (5), (6) and (7) of subparagraph (A) of Article 48 of the Civil Servants Law No. 657 dated 14/7/1965. Those who fill sixty-five years of age can not be assigned to the membership of the Board, and existing members are terminated when they are sixty-five years old.
Board memberships can not be terminated before their term expires. However, the duties of the members of the Board whose criminal proceedings against the offenses foreseen in paragraph (A) (5) of the Civil Servants Law no. In addition to this, Board members who are unable to perform their duties for disease, accident or other reasons for more than three months, or who are unable to continue their duties in the remaining part of their duties, shall be excused by the Council of Ministers for three months without delay . The relevant provisions of the Civil Servants Law shall apply to the Chairman and members of the Board that are removed from the office, and a new member shall be elected by the Council of Ministers instead of remaining vacant members within one month at the latest and appointments shall be made according to the procedure specified in this article. Those who are appointed in this way fulfill the deadlines of the members they replace.
The members of the Board and all employees shall be deemed to be civil servants for crimes committed by the Board against money, money, documents, bills and other legislation and on all kinds of documents and books such as balance sheet, minutes, reports and similar documents. In the event that the members of the Board disclose confidential information they learn while they are performing their duties, the provisions of Article 258 of the Turkish Criminal Code numbered 5237 shall be applied and the duties of the Board shall be terminated. These persons can not be re-elected to the Board.
Duties, powers and responsibilities of the board
ARTICLE 5- (1) The duties and authorities of the Board are;
1) To make regulations and make decisions about the duties to be carried out by the Board in accordance with this Law,
2) To apply and collect administrative penalties foreseen in this Law, to make necessary arrangements on this issue,
3) Determining the amounts to be taken from the licenses by establishing the income and expense balance of the Board and carrying out the procedures regarding the collection of registration, permission and license fees,
4) Determining and collecting the amount of the dry tea amount for the first marketing year of the new firms that the active tea producers in the current marketing year allowed for the establishment of the active tea producers in the current marketing year to use for the administrative expenses such as research and development activities and not exceeding five of the amounts to be calculated on the minimum selling price,
5) To make and carry out studies and arrangements for the preparation, storage and sharing of the information that constitutes the basis for the issuance of tea farm licenses, to make use of the possibilities of public institutions and organizations having the information to serve for this purpose,
6) Taking into account the tea production-consumption balance, export possibilities and possible imports of the country, it is recommended to propose customs tax rates on tea and end products and customs policies through the relevant ministry concerned, provided that they do not contradict with international obligations,
7) To determine the technical criteria for licenses for dry tea makers and machine builders, to periodically monitor the technical qualifications of enterprises that are subject to licensing applications, licensing, dry tea producers and machinery manufacturers licenses,
8) To monitor the financial status of dry tea producers, capital adequacy ratios and make necessary informations to wet tea producers accordingly; to take collaterals from dry tea producers whose total financial liabilities exceed the risk limit, or to take decisions that would prevent them from buying tea from the market,
9) By monitoring the world tea markets, especially by working in collaboration with the Exchange and other institutions, to monitor the presentation of the end products which can be obtained from dry tea or tea plant and to make necessary arrangements,
10) To inspect and inspect all kinds of products such as wet tea producers, dry tea producers, brokers, acredite buyers, packers and machine manufacturers and warehouses which are licensed in line with this law and all stores, shops, shopping centers where final products are sold, to get help from other related institutions, organizations and persons for the purpose, to collect non-standard products which are sold in packaged places and where they are used, and to initiate legal proceedings on related cases when it is deemed necessary,
11) To cooperate with related organizations on domestic and abroad basis, to decide to be a member of these institutions when necessary, to open promotional agencies and bureaux in and / or abroad when necessary, to cooperate with existing agencies or offices,
12) To establish the personnel policy of the Board,
13) Deciding on the purchase, sale and lease of movable and immovable goods or services,
14) Deciding on the receivable, rights and debts of the Board,
15) Determining the conditions for establishing and operating the accredited laboratories connected to the Council or cooperating with the accredited laboratories, conducting research and development activities,
16) To obtain any kind of information that the real or legal persons who produce, market or sell goods or services on the tea market and which are deemed necessary by the association and their associations on the field of duty, to share with the public and other interested parties,
17) To monitor and inspect whether the licensed warehouses in which the tea stock market and teas are stored are suitable for hygienic conditions, to carry out other duties given by law,
18) To determine the minimum quality standards of teas that can be sold on the market or on the market,
19) To determine quota amounts, to make decisions about the cancellation or transfer of quotas and to apply them,
20) As packaged product; in case of a product different from its contents in the packages of dry tea products which are located at the points of sale or in the stores, if necessary, to do all kinds of legal transactions about all of those who sell the products and finally sell the products from the credit receivers,
21) To determine the minimum amount of waste that can be generated according to the quality of the wet leaf during the harvest period, to collect and evaluate these wastes in a single center, to make low quality products outside the norms into end products and to research about the technology required to gain the sector, organizing the joint investment by bringing together all the relevant things from the producer to the dry tea producer, from the brokers to the credit buyers,
22) To declare the start and end times of the harvesting season, taking into consideration the climatic conditions every year,
23) When it is deemed necessary according to the necessity, determine the periods of rejuvenation and renewal of wet tea fields,
24) Deciding on the expansion of wet tea fields and the creation of new planting areas,
25) To declare foreign tea which are prohibited to be used in the same processes with wet tea fields and additives which can be used in production and packaging stages,
26) To plan the support and payments to be made,
27) Making and establishing the establishment activities of the Tea Exchange; to give certificates and licenses of all related parties, to determine and announce its standards, to give quality standardization certificate to the products to be sold in the stock exchange,
28) To determine and declare the precise standards regarding the weights to be used in the sales of packaged products,
29) To support international brand and logo creation activities,
30) To support the infrastructure works on blending with the products of different countries in free zones in order to create a new international brand and image,
31) To carry out all kinds of R & D activities for all stages of the sector,
32) The other tea producers will create a new platform with countries, determine common marketing strategies around the world,
33) To determine the characteristics of the fertilizers to be used in order to make all sorts of researches on the soil and fertilizer, to obtain them, to obtain quality products, to identify and announce application periods,
34) To take all kinds of precautions preventing the illegal teas from entering the inner market and to make and take any legal action about those who are found to be engaged in illegal tea business by working in coordination with all relevant institutions and establishments,
35) The minimum dry tea kilogram prices to be sold at the Tea Exchange according to the minimum age-kilogram price and the quality differences, not to be under the price of the previous year, shall be declared, taking into consideration the costs determined, taking into account the views of all interested parties besides the legislation and economic indicators in force. make,
36) If requested by the parties; to determine and declare the sharing ratio formulas between the wet tea producer and the dry tea producer every year before the harvest season by calculating the annual leaf price on the dry tea sale prices in the market,
37) Making decisions on the market conditions of the tea and international developments, making decisions about the strategies to be implemented, implementing them,
38) Collecting data related to the sector, keeping statistics, publishing periodically,
39) To make plans in the fields of production, storage, sales, import, export and support in the light of market conditions and international developments, to determine the strategies,
40) Activities to improve tea production, consumption and trade,
41) Ensure product safety in international norms and in this context monitor whether dry tea producers and other parties fulfill their obligations, take all kinds of precautions to secure unsafe products,
42) To create new marketing techniques in the international market, to support branding activities and to create support resources by establishing a "common export pool system" together with the real or legal persons making all dry tea production when necessary, to direct the support and resources allocated and,
43) To organize national and / or international meetings, symposiums, panels, seminars, conferences, congresses, workshops and similar activities related to the sector and to form working groups for these purposes,
44) To establish high quality production in the sector, to provide standardization and certification, to monitor the market and to develop policies for quality control systems,
45) To take measures in order to solve the structural problems of the sector, to meet the needs and to increase the power of international competition,
46) In the context of production and industrial activities in the sector, the protection of public health, producers and consumers' rights, the work for ensuring rural development,
47) To help protect the industrial property rights in the sector and to encourage branding,
48) To carry out training, publishing and consultancy services about the sector,
49) To cooperate with secondary and higher education institutions in order to train specialist personnel related to the sector, to propose and support the establishment of educational institutions when necessary in order to train vocational technical personnel,
50) To engage in other activities related to the sector in accordance with the purposes of this law and to take and implement all kinds of decisions according to needs,
51) To change the positions and grades of the cadres and not to determine the principles and procedures for the use of these cadres in order to exceed the total number of cadres in the appendix of this Law.
ARTICLE 6- (a) The Chairman, who is the top manager of the Board, is responsible for the general management and representation of the Board.
(b) The duties and authorities of the President are:
1) To ensure the highest level of organization and coordination of the service units of the Board in a harmonious, productive, disciplined and regular way, To solve the problems of authority and authority among the service units of the Board,
2) To determine the agenda, day and time of the Board meetings, to administer the meetings, to make the necessary transactions about the applications that are not taken into consideration and to inform the Board about them,
3) To ensure publication or notification of Board decisions, to ensure the fulfillment of the requirements of these resolutions and to monitor their implementation,
4) Presenting the final form of the proposal from the service units to the Board,
5) To prepare the financial statements of the Board with the annual budget in accordance with the strategies, objectives and targets determined by the Board,
6) To apply the disciplinary provisions as the top discipline supervisor of the Board,
7) To prepare the annual activity reports, to evaluate the activities according to their aims and targets and to submit them to the Board; To prepare the annual budget of the foundation and to prepare the final income-expenditure account and annual work program and submit it to the Board, to implement the budget of the Board, to collect the incomes,
8) To evaluate the performance criteria of the Presidency and employees with the field strategy, policies and related legislation in which the Board operates,
9) To carry out relations with other institutions of the Board and to represent the Board,
10) To appoint the Board personnel other than those foreseen by the Board,
11) To determine the duty and authority areas of the personnel authorized to sign on behalf of the Chairman of the Board,
12) To carry out inspections and examinations regarding the management and operation of the Board, and to ensure that other missions, which are not specifically mentioned in this article, are carried out and brought in.
(c) The President may transfer a portion of the duties and powers that are not included in the Board to the lower levels, with clear boundaries and written.
(d) The President may appoint a consultant in fields such as law, media and public relations, administration and finance, not exceeding five in total and limited to his or her term of office.
(d) A President and a Vice President shall be appointed by the Board in order to assist the President in his / her duties related to the President. Except for the authorities required to be used by the President himself; The Vice President may use all of the authority belonging to the President and not explicitly challenged by the President. In the absence of the President and the Vice-President, the oldest member shall act as the proxy for the presidency.
Service units of the establishment
ARTICLE 7- (1) Service units of the Board consist of main service, consultation and auxiliary service units organized in the form of department heads.
The Board shall establish department chairs for the purpose of fulfilling its functions and duties, not to exceed ten. Support Departments, Strategy Development and Planning, Agriculture, Quota-Licensing and Licensing, Support and Financial Affairs, Research-Development, Production-Market Supervision and Regulation are established.
ARTICLE 8- (1) The permanent duties and services required by the duties assigned to the Board by this Law; is carried out by professional staff and contracted personnel consisting of department heads and experts as well as experts.
(2) The Board decides on the distribution of the number of specialists and specialists among the departments and branches.
(3) Chairs, presidents' advisors, specialist and specialist assistants and other personnel are employed under contractual contractual terms. The employee working under the contract with the staff is subject to the Civil Servants Law No. 657 except for the salaries, financial and social rights of the staff.
(4) In the main service units of the Board, it is essential that professional staff are employed in the businesses that require expertise. The Board, in order to pass more than fifty percent of the total number of cadres in this law, personnel may be employed within the framework of the Labor Law within the limits set by the board.
(5) Those who will work in the position of specialist and expert assistant shall be appointed from the ones determined by the central competition examination. Appointed as Assistant Expert; to work for three years and to be successful in the proficiency exam which has international validity which is at least equivalent to or equivalent to the Level (C) of the Public Personnel Foreign Language Knowledge Level Examination, not to be lower than the average of the records of the last three years, If the expertise thesis is accepted by the jury to be formed, it shall be appointed as an expert and a degree promotion shall be applied to them for one time only. Those who do not prepare a thesis or fail to apply for a thesis without an excuse or who fail twice in the exam shall be notified to the Head of State Personnel to be appointed to the appropriate cadres for their education in the other public institutions and organizations.
(6) Other matters related to the competence and competition examinations, qualifications and working procedures and principles of the professional and administrative staff of the Board shall be determined by a regulation to be issued by the Board.
Salary and personal rights of board personnel
ARTICLE 9- (1) Monthly fee shall be paid to the Chairman of the Board for the financial and social rights including all kinds of payments determined for the Undersecretary of the Prime Ministry. Those who are paid to the Undersecretary of the Prime Ministry and those who are not subject to taxes and other legal disruptions will not be subject to taxes or other disruptions according to this Law. Payments made to the Board Deputy Chairman, the Chairman and the members of the Board are paid according to the same principles and procedures at the rate of seventy-five percent.
(2) The salaries and other financial and social rights of the personnel contracted personnel and other personnel shall be determined by the Board to exceed the salary ceiling specified in the first paragraph.
(3) Overtime pay and performance-based rewards may be awarded to Board personnel on the basis of the principles to be determined by the Board. In any case, the amount of the payments to be made to the Board personnel can not exceed the wage ceiling specified in the first paragraph.
(4) Provisions concerning the annexes and amendments to the Republic of Turkey Pension Fund Law and the provisions of the Social Insurance and General Health Insurance Law shall apply to those appointed to the Chairman and members of the Board and the chairmen of the departments, directors, presidential advisors, professional staff and lawyers. Deputy Prime Minister, Deputy Prime Minister, Undersecretary of the Prime Ministry, Deputy Prime Minister, Deputy Prime Minister, Deputy Prime Minister, Deputy Prime Minister, Deputy Prime Minister, Deputy Prime Minister, Deputy Prime Minister, Deputy Prime Minister, Deputy Prime Minister, Deputy Prime Minister additional indications and indemnifications shall be applied. The deadlines in these duties shall be deemed to have passed in the duties which require payment of additional indications and compensation. These provisions shall also apply to the members of the Board and the staff of the university teaching staff, without prejudice to the conditions for the acquisition of academic titles.
ARTICLE 10- Income-Expenses, Property and Assets of the Board
Income of the Board
a) The amount to be paid per product production, sales and conformity certificate,
b) Registration, permission, quota and license fees,
c) Eighty percent of the administrative fines in this blood,
d) Wages to be paid on the dry tea sold in the stock exchange,
e) Other income,
Expenses of the board
a) Administrative expenses,
b) expenses related to research and development activities related to the sector and support of activities that the Board deems necessary.
The expenses of the Board shall be made in accordance with the annual budget, as determined by the Board. The budget year of the establishment is calendar year.
Tea Area Licensing Operations
ARTICLE 11- (1) The Board shall be responsible for the geographical boundaries of the region where tea production is to be carried out; The Ministry and the General Directorate of the Ministry. The approval of the existing tea gardens in the geographical area to be advertised and the appropriateness of the tea gardens to be newly created will be granted without charge, after being determined by the expert team. New tea farming area can not be established without permission from the Board.
(2) The registered tea gardens shall be made available for registration in the title deed. Private cadastral maps of places where there is no deed are made. License records are rebuilt according to these mapped maps. In these works, the Ministry, General Directorate of Land Registry-Cadastre, General Directorate of Forestry, Municipalities, Special Provincial Administrations, Agricultural Chambers and all related institutions in this subject are obliged to provide all kinds of information and support. As a result of these studies, the licenses of all tea farming areas are rearranged and a farmer registration system is established in line with this information. Determination of tea production areas shows the sensitivity to prevent erosion and landslides.
(3) In order to establish and implement macro-level policies on the country's paternity, continuously monitors the existing licensed tea gardens and regularly conducts soil surveys and measures the data to determine the quality values of the tea plant in the laboratory environment. The Board will take binding decisions on fertilization and rejuvenation-renewal, and monitor implementation. Chemical agriculture can not be used in tea cultivation except for those allowed by the Board due to scientific necessities. The licenses of wet tea producers that do not comply with the Board decisions are suspended until the irregularities are eliminated.
(4) In the event of a violation of the above-mentioned issues and responsibilities, the tea farming area license shall be temporarily canceled for a period of three months to one year and the cancellation decision shall be published; it is announced to the whole of the sector concerned. In case of cancellation of tea agriculture license, the aged tea maker can not benefit from the support provided in the State and can not sell aged tea to any dry tea producer.
(5) The way in which the licensing transactions are carried out shall be determined by the regulation issued by the Board.
Dried tea producer license
(6) Dry tea production can not be made without a dry tea producer license. The technical and physical sufficiency of factories, workshops and similar facilities of dry tea producers to make tea shall be inspected by the Board and the dry tea producer license shall be issued by the Board by taking the opinions of other relevant and responsible institutions and organizations. The continuity of the conditions required for issuing a license is based on the continuity of the conditions and if the conditions are lost, the license issued is suspended until the necessary conditions are met.
(7) The dry tea produced must comply with the applicable laws and other legislation and additional standards to be determined by the Board. Specialist experts are authorized to monitor every step of the production at any time and at any time to request the information they deem necessary and to examine their records, records and documents and other instruments containing such information and to take samples of them, to check their operations and accounts, to obtain written and verbal information from those concerned, and related persons are obliged to give examples of desired information, documents, notebooks and other media, to give written and oral information.
Dried tea producers are obliged to open each section of the operator and allow them to take samples so that the trained specialists can carry out the necessary monitoring and examinations.
In the event that the books, documents, files, records and other documents required by the supervisors are not presented or submitted, the experts may search the factories and annexes of the dry tea producers in cooperation with the relevant institutions and organizations without obstructing the production activity. The books and documents that are needed in the search and examination are required to be identified with a detailed record, and where the examination is not possible, the investigator is referred to where he / she is working. The examinations on the books and documents taken as a result of the search shall be finalized within three months and returned to the owner with a record.
(8) At no stage in the production of dry tea and during the supply to the market, the chemical additive may not be used, except as permitted by the Board for scientific reasons.
(9) In case the financial status of real or legal persons granted dry tea producer license periodically and if deemed necessary, reeden is observed and examined by the authorized experts. The results of the investigation are linked to the report and announced with appropriate communication means and the information of the counterparts is provided.
(10) In cases where it is determined that the purchaser of wet teas collected during the prohibited period and the subjects and responsibilities mentioned in this article are found out of the wet tea producer whose license is suspended as mentioned in the paragraphs 3 and 4 of the 1st part of this article and the irregularities can not be remedied , the dry tea producer's license is suspended for periods of up to three months. In the case of continuation or revocation of this act, the license is canceled and the quota given to the dry tea producer becomes null and void for that dry tea producer.
(11) Requirements for the issuance of dry tea producers' license, conditions for monitoring and examination and procedures and principles to be pursued shall be determined by the regulation to be issued by the Board.
Tea Stock Exchange, Establishment, Obligation to Operate and Process
Establishment of the Tea Exchange
ARTICLE 12- (1) To meet the supply and demand of tea products with confidence, free competition and stability in view of economic requirements; to act as intermediary in the purchase or sale of dry tea products classified according to the current product standards in physical or electronic spaces, to carry out purchase and sale activities in line with the regulations of the dry tea, physical, and even by the Board; establishing reliable records and storage facilities for transactions; 'Tea Exchange' is established to operate in the national arena by establishing the necessary information processing, technical and electronic hardware, institutional and financial infrastructure to monitor and announce the prices, production information and other similar and alternative markets.
The activities of the Stock Exchange shall be conducted through the joint stock company to be established. The capital, partnership, qualifications of the partners, changes in the partnership, the management of the company, the qualifications, duties and responsibilities of its officials shall be determined by the Board.
(2) The sale of dry tea on the Bourse is carried out only through Brokers whose qualifications are determined by the regulations issued by the Board and to which they are licensed.
However, companies that have produced packaged brands by producing dry tea in their own production facilities, especially the General Directorate, are entitled to purchase all the products they have produced primarily, provided that they are not below the minimum price in the stock market and do not exceed the monthly quota amount. It is not the obligation to move the dry tea which is formed in these conditions to the broker's deposits but it is done by the experts appointed by the Board regularly to check whether they are in the determined standards. Even under these conditions, all sales, collections and payments and all kinds of paperwork and registration procedures must be carried out within the system prescribed in the law.
(3) Purchase of tea from the port is carried out by the accredited buyers whose qualifications are determined by the regulation to be issued by the Board and licensed to them.
(4) Real and legal entities that purchase dry tea from accredited buyers and perform the blending and packing operations shall continue their activities in accordance with the provisions of the regulation to be issued by the Board.
(5) Except as stated in paragraph 2 of Article 2 of this section, dry tea producers must sell the entire dry tea they produce at the stock exchange.
(6) Dried tea producers in the sector, including the General Directorate, may operate as brokers and credit buyers if they complete the requested documents.
(7) All sales and pricing mechanisms made through the stock exchange are announced periodically and regularly to the public every week.
Dry Tea Sales, Payments and Formula
Dry Tea Sales
ARTICLE 13- (1) Dry tea sales shall be made at least two days in the week and at the time the Borsan will determine.
(2) Broker firms will sell them within that week and samples will be sent to all receivers of the credit, nevlerli and quantified lists will be prepared. The sales on the stock market are made through these lists which are determined by their quantity and quantity.
(3) Opening prices for dry tea sales are determined according to quality and market conditions and are announced by the broker at the beginning of sales and the product is auctioned out. The highest bidder will buy dry tea.
(4) VAT rate is applied as one percent in dry tea sold at the exchange.
(5) Acquired buyer of dry tea at the exchange market, the price of dry tea is paid to the broker company through the bank within six business days. The product will not be delivered until payment is made.
(6) The broker pays the price of dry tea to the dry tea producer at the latest seven business days following receipt of the sales receipt made from the accredited buyer.
(7) The old tea is paid by the dry tea producer to the old tea producers within the latest 15 days following the payment of the dry tea price to the dry tea producer.
(8) Sale of tea of foreign origin can not be carried on the stock exchange.
(9) Broker firms can not conduct marketing activities in any form or in any way. The services they receive receive a maximum of one and a half percent commission on their sales in the stock market.
(10) Functions such as the number of broker firms, licensing procedures, working principles, responsibilities, capital structure, personnel standard, transportation, storage, sample preparation and list preparation will be determined by the Board. The General Directorate has the right to establish a brokerage firm when it prepares the documents required by the Board.
(11) The price per kilogram of minimum age tea to be paid to the wet tea producer shall be determined and announced by the Board prior to the harvesting period, taking into consideration the market conditions and cost elements. Dry tea producers can not buy wet tea at this price, and wet tea producers can not sell wet tea below this price.
(12) In addition, dry tea producers can mutually agree with contracted wet tea producers, sell their products on the stock exchange by establishing a partnership within the formula to be determined by the Board, and share the remainder with wet tea producers within the formula defined by the Board.
(13) Details of all transactions in the market, terms, procedures and principles, guarantees, standards for determination of age tea prices, conditions for determination of the form and percentages of the formulas and other matters related to payments and collections and other matters shall be determined by the Board.
Quotas, contracts with Age and Dry tea prices
ARTICLE 14- Dried tea producers are obliged to obtain work permits, permission to establish new facilities or increase capacity in order to be able to produce dry tea, install new facilities or increase the capacity of existing ones. For such permits, domestic tea demand, total installed capacity, export potential and past year statistics and other considerations are taken into account. In order to be able to establish the documents referred to above, the Board requests all documents required from the applicant.
The maximum amount of dry tea to be marketed in the country in order to provide stability in dry tea production and supply is determined by quotas. The Board has the right to revise, revise and revise quota quantities for the following years, taking into account the developments of each year.
Age of tea tea
ARTICLE 15- (1) The Board determines the daily wet tea processing capacity of dry tea producers' factories daily and annually using scientific criteria. Dried tea producers are given a maximum age of tea that they can buy in proportion of their capacity. Dried tea producers are obliged to use this capacity and to purchase and process the contracted products of the age-old tea producers.
In the same way, wet tea producers are obliged to deliver and sell the amount of wet tea the dry tea producers intentionally commits to the contract made.
(2) If dry tea producers do not purchase tea for 90% of the allocated cottage for two consecutive years without justifiable reason, the unused quota rights shall be canceled and distributed evenly among the other dry tea producers in the demand for extra quota .
(3) The Board is authorized to determine the quota distribution within harvest periods.
Dry Tea Base
(4) The Board determines the daily dry tea production capacity of dry tea producers' plants daily and annually using scientific criteria, and the dry tea producers are given dry tea producer quotas in proportion to their capacities.
(5) The Board determines the amount of dry tea to be sold on a weekly basis. In addition, the Board is authorized to reduce, multiply, or cancel all sales in relation to the domestic market and, if necessary, developments in foreign markets.
Quotas are calculated on the basis of production periods of factories and the actual actual daily processing capacities and / or production quantities and yields of the last three years. It shall be the first production and shall be based on the production data determined by the experts of the Board in determining the quota for factories under three years of age and for factories which have obtained permission to increase capacity before this Act enters into force.
It is imperative to obtain quotas for the establishment of new plants and / or for upgrading the capacities of existing plants. The Board is authorized to allocate new quota to dry tea producers.
Dry tea producers' quotas shall be determined by the Board for the following three-year periods, at the latest, by March 31 each year, taking into account domestic tea demand, tea processing and production capacities of dry tea producers.
Stock quota quota
(6) Considering the annual domestic market demand determined by the Board, one-half of the annual quota amount given to dry tea producers may be offered for sale in the stock exchange within that month of each dry tea producer. This right is not given again to the dry tea producer who does not use the right to sell within the relevant month. If the total annual output is higher than the domestic market demand, each dry tea producer has to stock or export as much as its share of the surplus amount.
Quota cancellation and transfers
(7) If dry tea producers supply less than 90% of the quota allocated to them for two consecutive years without relying on a justifiable reason accepted by the Board, they will lose the quota rights for the period to be determined by the Board.
Dried tea producers can not provide new quota for their lost quota during this period.
Quotas allocated to dry tea producers are canceled if they are not used within the allotted time.
If the dry tea producers request and the board finds it suitable, all or part of the quota may be transferred.
The matters relating to the determination, assignment, cancellation and transfer of quotas and allocation of new quota and other details shall be regulated by a regulation to be issued by the Board.
Determination of Age and Dry Tea Prices
(6) Wet tea prices are discussed each year before the harvest period when dry tea producer representatives and wet tea producer representatives come together and the determined price is recommended to the Board. The Board also declares minimum age tea price to be applied for that year in the direction of general economic developments.
According to quality standards minimum dry tea prices are determined and declared by the Board considering all costs, prevention of unfair competition and protection of consumers with dry tea producers. Borsadir is the place where the real prices are determined.
Borsada brokers and incredible buyers have the right to determine the most appropriate price when they meet, provided that they are not below this minimum price.
According to economic and cyclical developments, the Board is authorized to renew and change the prices determined during the harvest period, not under the previous year.
Dry Tea Import and Export
(9) Regarding the adjustments to be made in dry tea foreign trade taking into account developments in world tea prices, domestic market prices, supply-demand balance, speculative effects and other factors, the Board shall annually submit comments to the related Ministry or Undersecretariat and act in accordance with the common opinion to be issued.
Domestic market demand quota excess dry tea can not be sold to the internal market in any way other than the decision of the Board, and can not be transferred without a fee or free of charge. Direct export of products within or outside of the quota is at the disposal of dry tea producers.
Not to be contrary to our international obligations; the importation of teas or byproducts produced by chemical struggle and produced with chemical additives other than the chemicals or their equivalents specified in this Law and approved for use by the Board shall not be allowed. Determination of whether the specified limits have been exceeded is determined by examination conducted in the Board laboratories or in the laboratories authorized by the Board. Teas of foreign origin that do not comply with the qualifications specified in this article are destroyed by the method to be determined by the Board irrespective of the manner in which they are introduced into the country.
Every kind of dry tea importation is subject to the permission of the Board.
The minimum dry tea kilogram price for customs clearance to be applied in the importation of dry tea of different quality and prices produced in different countries shall be determined by the Board and subject to customs duties and charges regardless of the origin and the declared price.
Age tea contract
(10) It is obligatory to organize a contract between dry tea producers and wet tea producers in order to provide the necessary tea for the quota allocated to dry tea producers. Age has the right to sell fresh tea by entering into a contract with the manufacturer of dry tea that the manufacturer wants. Contracts are made for a minimum of one year. The content and form of the contract to be concluded between the wet tea maker and the dry tea producer shall be prepared by the Board in case of type contract and the special provisions shall be determined between the parties.
(11) It is essential that the contract is made on parcel basis. At most parcels under two decares can be contracted. More than one contract can be made in the fields above this amount, provided that the boundaries are clarified.
Wastes and Extreme Products
Wastes and Extreme Products
ARTICLE 16- (1) Percentage products to be determined by the board, which will be formed during the production and not included in the definition of tea, can not be sold in any form or in any form, submitted to the market, participated in any other product and can not be delivered to third parties under any name. The collection, transport, storage, sorting, where and how these products are processed shall be determined by the waste regulation issued by the Board.
(2) The final products, which are produced as a result of the production steps and which are subject to a new treatment of products other than dry tea, have to be sold on the stock exchange channel and in different status. These products can not be submitted to the market in any way other than the stock exchange. How to determine the prices of the end products, collection, transport, storage, sorting, where and how they will be processed, how many kinds and products will be produced, how they will be sold to domestic and foreign markets and other matters will be determined by the Board.
Supporting, Rejuvenation, Renewal and New Markets
ARTICLE 17- (1) Establishing resources to pay for wet tea producers, dry tea producers, accredited buyers and exporters in order to encourage quality tea production and especially exports, and to benefit from national and international funds. The Council of Ministers determines the procedures and principles for the transfer of these resources to the concerned persons.
(2) Tea farming areas are subject to rejuvenation according to the method and technique, when the time comes. The rejuvenation process is the process by which the product prices of the tea producers deprived of their age are aged & a