Türkiye Odalar ve Borsalar Birliği Türkiye Odalar ve Borsalar Birliği Sançar Sefer SÜER, Head of Department, TOBB Sançar Sefer SÜER, Head of Department, TOBB IRU 9th Symposium of Lawyers, Geneva – 24 February IRU 9th Symposium of Lawyers, Geneva – 24 February 2012 2012
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Türkiye Odalar ve Borsalar Birliği Sançar Sefer SÜER, Head of Department, TOBB IRU 9th Symposium of Lawyers, Geneva – 24 February 2012.
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Türkiye Odalar ve Borsalar Birliği Türkiye Odalar ve Borsalar Birliği
Sançar Sefer SÜER, Head of Department, TOBBSançar Sefer SÜER, Head of Department, TOBBIRU 9th Symposium of Lawyers, Geneva – 24 February 2012IRU 9th Symposium of Lawyers, Geneva – 24 February 2012
Türkiye Odalar ve Borsalar Birliği
Overview:
1. TOBB
2. General Situation of Int. Road Transport in Turkey
3. Legal Infrastructure in Turkey
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Türkiye Odalar ve Borsalar Birliği
Türkiye Odalar ve Borsalar Birliği
Independent and DemocraticIndependent and Democratic
Non-profit OrganizationsNon-profit Organizations
Financed by their own SourcesFinanced by their own Sources
Compulsory MembershipCompulsory Membership
1.3 million enterprises
365 Local Chambers and Commodity Exchanges
Türkiye Odalar ve Borsalar Birliği
BY VIRTUE OF THE AUTHORITY ISSUANCE OFBY VIRTUE OF THE AUTHORITY ISSUANCE OF;TIR CARNETS (674.315– 2011) ATA CARNETS (1.200 – 2011) INTERNATIONAL ROAD TRANSPORT QUOTA PERMITS (890.342 – 2011)DIGITAL TACHOGRAPH CARDS (21.600 – 2011) DOMESTIC GOODS TRANSPORT LICENCE (K-TYPE) (245.000 – 6 YEARS) ( 19.600 – 2011)FOCUSING ON OTHER UNECE CONVENTIONS;FOCUSING ON OTHER UNECE CONVENTIONS; AETRADRATPE-CMRHARMONIZATION CENVENTION (NEW ANNEX 8)
TAKING PART AT REGIONAL COOPERATION INITIATIVES;TAKING PART AT REGIONAL COOPERATION INITIATIVES; TRACECA, BSEC-URTA, ECO, REVIVAL OF SILK ROAD, FIRTA
Under Road Transportation Code… Insurance-Passanger Transport
→ Road transportation financial responsability
→ + Individual Seat Accident
→+ Road traffic insurance (Road Traffic Code)
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Türkiye Odalar ve Borsalar Birliği
Under Road Transportation Code…
Fines:→ Up to 1000 €
→ By 2008, decreased by half (2000 €)
→ Repetition provision abolished
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Türkiye Odalar ve Borsalar Birliği
Former Anti-smuggling Codes Law no. 1918/1932
Heavy penalties/sanctions – up to 15 yrs. imprisonment; collective smuggling 2+ prs. 12 years
Transport companies “tolerating” to employees – same “fines” as smuggler
Officers & staff of transport companies – imprisonment &fines 1/2 increased
All vehicles “intentionally” used seized & confiscated
Law no. 4926/2003 “Economic sanctions for
economic crimes”– up to 6yrs. imprisonment; collective smuggling 2+ prs. ½ increase
“Responsable persons” of transport companies “tolerating” to employees – half “fines” of smuggler
Benefit from occupational convenience– imprisonment & fines 1/2 increased
Seizure & confiscation- only if secret cahce, most of the goods, vehicle is indispensable or forbidden/hazardous goods
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Türkiye Odalar ve Borsalar Birliği
Anti-smuggling Codes (Former vs. Current) Law no. 4926/2003
“Economic sanctions for economic crimes”– up to 6yrs. İmprisonment; collective smuggling 2+ prs. ½ increase
“Responsable persons” of transport companies “tolerating” to employees – half “fines” of smuggler
Benefit from occupational convenience– imprisonment & fines 1/2 increased
Seizure & confiscation- only if secret cahce, most of the goods, vehicle is indispensable or forbidden/hazardous goods
5607/2007 More & longer imprisonment –up
to 6 yrs.; collective smuggling 3+ prs. ½ increase
Transport companies – security measures for legal persons
Benefit from occupational convenience– imprisonment & fines 1/2 increased
Seizure & confiscation- only if secret cahce, most of the goods, vehicle is indispensable or forbidden/hazardous goods
Repetition rules for administrative sanctions
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Türkiye Odalar ve Borsalar Birliği
Road Transport in New Turkish Commercial Code TCC 1956 TCC 2011 (Law no. 6102) In force as of July 1st, 2012 Chapter IV – Transport Operations: 6 sections,
80 articles (German Act of 1998) Applies only if no international convention
applicable CMR not affected Generally in parallel with CMR (8.33 SDR/kg…)
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Türkiye Odalar ve Borsalar Birliği
Road Transport in New Turkish Commercial Code Carrier to pay “utmost care” in carriage of
goods For household/office gears:
→liability up to 1500 SDR per loading volume→ transporter to dismantle & assemble
Union of Chambers and Commodity Union of Chambers and Commodity Exchanges of Turkey (TOBB) Exchanges of Turkey (TOBB) Trade & TIR Department Trade & TIR Department Phone: + 90 312 218 22 41Phone: + 90 312 218 22 41Fax : + 90 312 218 22 44Fax : + 90 312 218 22 44e-mail : [email protected] : [email protected][email protected]@tobb.org.tr