On 29/06/2020, the Ministry of Environment and Urbanization amended the procedures and principles for the implementation of the regulation on recovery participation share.
1) Procedures and Principles regarding the Implementation of the Regulation on Recovery Participation Share; The definitions of “Export”, “Return” and “Transport Equipment” have been added. In addition, the last sentence was added to the import definition.
- The deliveries made under the export record were evaluated within the scope of exports and it became clear that they were not covered by GEKAP.
- In import transactions, the registration date of the declaration of entry into free movement will be based on the date of the import process.
- The products that are withdrawn from the market and processed in the accounting records by the marketers on the grounds of expiration/consumption date of the products will also be processed within the scope of the return definition. If a product released to the market is withdrawn/collected from the market by the relevant authorities, transactions will be established within the scope of the return definition.
- The equipments that are fixed and continuous in the same purpose in the transportation of any product/goods/materials, which are not subject to the market supply process together with the products/goods/materials offered to the market, are defined as transport equipment and the transport equipment is excluded from the packaging definition and taken out of GEKAP application. Within the scope of transportation service purchases, the equipment belonging to the carrier will be evaluated within this scope.
2) New examples of packaging are included.
Examples 6 and 7, “a.3.3 Terian Packaging/Shipping Packaging/Outer Packaging” section of the procedures and principles regarding the above definitions are included in “a.3.1 Primary Packaging/Internal Packaging/Sales Packaging“.
- The rolls, rollers, rollers, rollers and coils that are evaluated as part of the production machines, designed for use in these machines and designed for industrial purposes are not considered as packaging for the transportation, protection and use of the raw material, (paper, fabric, yarn, metallic sheets, etc.) subject to production
- used for the sale of products at points of sale, such as rolls of aluminum foils and cling films, cleaning paper rolls, reels of yarns coils, rollers, rolls and similar materials are evaluated as packaging
- Pallets, baskets, containers, crates and the like made of wood, plastics, metals, etc., which have continuous and repeated use as the same purposes as transport equipment in road railway, sea and air transportation and are not subject to market operations together with the products/goods/materials offered to the market, are excluded from this definition
- Pallets, baskets, containers, crates and the like made of wood plastic, metal, etc. materials (including those provided in exchange for a certain guarantee provided that they are returned) are shipping packages in road, railway, sea and air transportation in combination with goods/materials
3) GEKAP declaration will be issued for the packages covered by the deposit application, but no GEKAP payment will be made.
In the event that the deposit management system is established and approved by the Ministry in accordance with the principles determined by the Ministry for the re-use of the packages formed after the consumption/use of the goods and/or materials transmitted to consumers and/or users with reusable packaging; GEKAP declaration will be given for the packages offered to the market for collection within the deposit application, but GEKAP will not be paid. For the amounts that are released within the deposit application but cannot be recovered, the recovery participation share will be paid.
4) If the product/packaged product is recalled from the market by marketers due to the expiration/consumption date of the product, only the recalled products and their packaging will be refunded.
If any product/packaged product that is subject to the recovery participation share is recalled from the market by the marketers due to the expiration/consumption date, only the recalled products and their packaging will be refunded. In this way, only parts of the recovering participation share paid for the products and packaging withdrawn from the market will be subject to a refund request. In case of return with the product without the use of packages other than the primary packages used in the launch of the product during the return purchase process, the return process will be operated for these packages. In case of repackaging of returned products during the retrieval process, the packages used in repackaging will not be subject to the return process.
5) Gekap is responsible for offering customers disposable cups and hot/cold drinks
6) There will be no obligation to participate in recovery for packaged products distributed by non-profit charities or humanitarian organizations to be communicated to those in need.
7) If vegetable oils are taken for use in the production of food products, GEKAP responsibility belongs to the oil manufacturer.
8) The definitions “Pesticide”, “Veterinary Medicine” and “Human Medicine” were added to the title of drugs.
The definitions of “Pesticide”, “Veterinary Medicine” and “Human Medicine” were added to the title of drugs and examples related to these definitions were included.
9) Examples of GEKAP responsibility in stepper tires and tire coating activities are included.
- Gekap lady will be made for the stepper tires supplied for use within the scope of the original goods/parts in the manufactured vehicles; however, GEKAP will not be charged for these products,
- The real/legal person engaged in the commercial coating activity is not responsible for GEKAP for the tires it supplies domestically
10) A statement has been made regarding GEKAP responsibility in the products listed in annex-1 of the Law.
It is stated that for the vehicles to be introduced to the market and the products used as the original goods/parts of electrical and electronic goods and listed in annex-1 of the Law, these products will be declared by the marketers only provided that they are used as original items/parts in the production of vehicles and electrical and electronic goods, but no recovery participation share will be collected from these products. Although it complies with the definition of original goods/parts, it is stated that the recovery participation share will be declared and the recovery participation share will be collected for the products listed in annex-1 of the Law, which is introduced to the market individually.
11) Solar-powered items and portable items that can be charged without being connected to the outlet are covered by GEKAP.
It is stated that electrical and electronic items such as mobile phone chargers, lighting equipment, calculators, etc., which are included in the product list subject to the recovery participation share application and receive their energy from solar cells (photovoltaic batteries), and portable electrical and electronic items such as mobile phones and tablets that can be charged without being connected directly to the outlet, powerbank, etc. are included in the Regulation on Recovery Participation Share.