Turkish Grand National Assembly Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Agriculture Law

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. TARIM KANUNU

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5488.html

Law No. 5488

Acceptance Date: 18/04/2006


Article 1 Purpose The purpose of this Act; The agricultural sector and rural areas, in line with the development plan and the development of strategies and policies required to support the performance of detection and regulation.

Scope Article 2 of this Act, the objectives of agricultural policy, determining the scope and subject matter; Defining the basic support programs with the aim of agricultural support policies and principles; market arrangements regarding the implementation of these programs, funding, and to identify administrative structure; Making the legal and administrative arrangements for the main research and development programs to be implemented in the agricultural sector and covers the principles and procedures related to all these applications.

Article 3 Definitions For the purposes of this Act;
A) The Ministry of Agriculture and Rural Affairs,
b) Undersecretariat of Treasury,
c) Board: Agricultural Support and Steering Committee,
d) Farmers: the landlord, tenant, or sharecropper sharecroppers continuously or at least one production period or breeding cycle of agricultural production that real and legal persons,
d) the farmer registration system: the farmers created by the Ministry of the agricultural database is recorded,
e) the Farm Accountancy data network: agricultural business of collecting accounting data on revenues and operating and data network to be established,
f) direct income support: without directly affecting product and input prices, income transfers to the producers,
g) integrated administration and control system: a land parcel identification, farmers registration, animal identification, consisting of control and database, the control of the support given to agriculture and that ensures recording system,
i) private sector: natural and legal persons other than public institutions and organizations operating in the agricultural field,
h) contract production: producers and growers with other natural and legal persons of mutual interest mainly carried out through written contracts based on agricultural production shape,
i) Agriculture: all kinds of production made, along with other natural resources, appropriate input, breeding, processing and marketing activities, || | i) to agricultural enterprises: production factors; vegetable and / or animal and / or engaged in agricultural activities for the production of aquatic products or mentioned additionally processed agricultural activities, storage, maintenance and operation located in the efforts to marketing,
j) agricultural production: land, along with water and biological resources vegetable made using agricultural inputs, animal and fishery products, microorganism and energy production,
k) product: vegetable, animal and water in all products obtained in the area of ​​the raw products obtained with these by treating the first order products,
l) Non-governmental organizations: cooperatives operating in the agricultural field, unions, associations and foundations and volunteer organizations,
m) Agriculture basins: for agricultural activities, in one or carrying several provincial boundaries or the same ecological conditions in the border region and the continuation of each other agricultural areas, express
.

agricultural policy objectives of Article 4 objectives of agricultural policies; appropriately develop the demand of domestic and foreign agricultural production, natural and biological resources conservation and development, increasing productivity, strengthening food security and safety, the development of producer organizations, strengthening the agricultural markets, to increase the prosperity of the agricultural sector through the provision of rural development.

agricultural policy principles of Article 5 principles of agricultural policy are:
a) holistic approach to agricultural production and development. compliance
b) international commitments.
C) the use of support tools to disrupt the market mechanism.
D) organization and institutionalization.
D) enhancing the role of the private sector.
E) Sustainability, sensitivity to human health and the environment.
F) Decentralization.
G) Participation.
I) transparency and information. Article 6

priorities of agricultural policy priorities of the agricultural policy are:
a) agricultural production efficiency, product diversity, improving the quality and competitiveness.
B) provision of adequate and reliable food supply.
C) development of infrastructure of agricultural holdings.
D) the dissemination of information and the use of appropriate technology in agricultural activities.
D) ensuring the development of agricultural input and product markets and production and market integration.

E) be directed to ensure that the agro-industrial integration of agricultural production.
F) making arrangements for the meeting of the agriculture credit and financing needs.
G) receipt of support and guidance measures.
I) the development of risk management mechanisms against natural disasters and animal diseases.
H) the socio-economic development of rural life.
I) development of producer organizations.
I) the establishment and use of agricultural information system.
J) Consolidation, making the land use plan and the creation of economic size of agricultural holdings.
K) development and rational use of land and water resources.
S) to meet the needs arising from developments in the integration process of the European Union in the form required by the common market organization, making administrative and legal regulation.

Authorization Article 7 Identification of policies related to agriculture, the Ministry in the implementation of cooperation with relevant institutions and organizations to plan and co-ordination is authorized.
Agricultural research
Article 8 Ministry, improvement in domestic agricultural information and technology needs of the agricultural sector, to be tested by the transfer abroad of this knowledge and technology and to ensure the dissemination and adaptation, and the agricultural research activities of the private and public sector efficiency take effective measures to make. Research work on the training of officials and experts to make arrangements to ensure the development of research infrastructure. all relevant institutions, including universities, especially in research activities, organization and take measures to strengthen cooperation with businesses.
Farmer training, extension and consultancy services Ministry
Article 9; agriculture, farmer training and in extension activities, civil society organizations, private sector organizations and makes arrangements to ensure that the task of the independent consultant, encourages these organizations and individuals determine their operating principles and checks.
Training of farmers, custom publishing and consulting services are determined by regulations issued by the Ministry and other relevant conditions of the working principles and procedures of.
Biological diversity, ensuring the protection of genetic resources and biosecurity
Article 10 Ministry of biological diversity, does research for the conservation of genetic resources and ecosystems, and to develop or make. Biotechnological ways and / or under various breeding intellectual property rights of the products obtained by using protection, registration, registration, production, consumption, use as food in the opinion of the relevant institutions on exports and imports make the necessary arrangements by taking.
Product councils
ARTICLE 11 manufacturers of some products to make work within the framework of national agricultural policy set out in this Act, traders, industrialists and / or the public associations they create them, and research institutions, chambers and associations with legal personality come together product may establish councils.
Product council may be established on the basis of a single product. These councils at every time he wants the Board to decide on the product, even if unwillingly Assembly provide reports to the Council once a year. Establishing
Product councils, operation, management, tasks and inspection of the provisions on working principles and procedures of the council, income and other aspects of regulation to be issued for each product council.

Article 12 Producer organizations for agricultural producers and breeders have established the basis of the various laws in line with the promotion activities of cooperatives and associations of agricultural policies and the direction of the Ministry, in cooperation with relevant ministries and agencies to be authorized.

Article 13 Contract production Ministry, the development of contract farming in the agricultural sector and make the necessary arrangements for dissemination. Contracted to producers to encourage production, it supports the delivery of priority specified by this Law.
Agriculture basins
Article 14 Agricultural intensification in the appropriate fields to their ecology, support, organization, specialization and integrated way in the agricultural watershed for the execution of Ministers determined by the Council upon the proposal of the Ministry. The basin of the activities and regulations on the preparation of principles and procedures related to the operation, put into effect by the Ministry.
Rural development

Article 15 Ministry, the development of agricultural and non-agricultural employment in rural areas, and increasing differentiation of income, take measures aimed at raising the level of women's education and entrepreneurship of young people. Rural development programs will make arrangements for their projects and activities and ensure coordination among government agencies.
Rural development programs, projects and activities; participatory, bottom-up approach, the development of local capacity and the basic principles are to be institutionalized.

Article 16 Agricultural Support and Steering Committee to fulfill the tasks assigned by the Article 17 of this Law, the Agricultural Support and Steering Committee was established.
Board members; Chaired by the Minister of Agriculture and Rural Affairs, Ministry of Agriculture and Rural Affairs, Ministry of Finance, Industry and Trade, Ministry of Environment and Forest Ministry, State Planning Organization, Undersecretariat of Treasury and Foreign Trade Undersecretariat it consists Ministry director-general will be determined by the Minister with the approval of undersecretaries. The Board, in the absence of the Minister, is chaired by the Ministry undersecretary.
The Committee will meet at least twice a year. one meeting during the preparation of the annual budget law bill, while the other is essentially done after the final budget. Moreover, the Committee may convene at the invitation of Agriculture and Rural Affairs Minister. Assembly regarding the application during the year advice, to get there, and practical measures for monitoring and evaluation, public organizations, relevant professional organizations, NGOs and private sector organizations composed of representatives "Technical Committee" set up.
The Board shall convene with the participation of at least two thirds of the total number. Decisions are often taken. The president in case of equality of votes the vote is weighted. all documents and information related to the mandate of the Board
public, civil society organizations and private sector organizations may ask the real and legal persons. The requested information is complete and accurate, given the Board within the requested time.
Assembly secretariat services and technical committees, are carried out by the Ministry of units will be determined by the Minister's approval.

Article 17 Duties of the Board of Directors of the mission are:
a) by identifying the principles and tools each year support program, to determine their budget needs, to offer their respective organizations.
B) to identify the arrangements to be made in accordance with changing national and international conditions to support the program.
C) to monitor and evaluate the necessary legislation regarding the supports.
D) Public institutions and organizations in the implementation of the support programs to ensure inter-agency coordination. The purpose of Article 18

agricultural support policies and the objectives of agricultural support; contribute to solving the priority problems of the agricultural sector, to improve the effectiveness of policies, to facilitate the sector's compliance with these policies. Agricultural support policies apply to the program to ensure effectiveness and efficiency of economic and social conditions. Payment depending on the nature of the program and budget of the framework will be paid after the completion of the necessary inspections and controls.
Determining the agricultural support program, the following principles and strategies are taken into consideration:
a) contribute to the achievement of the objectives of agricultural policies.
B) be compatible with EU legislation and international commitments.
C) The executive producer of its operations in market conditions.
D) the resources to be used, to be reflected in the structure to ensure the fair and efficient producers.
D) show a balanced distribution of agricultural sub-sectors.
Agricultural support tools
ARTICLE 19 agricultural support tools include:
a) direct income support: manufacturers, agricultural production in order to handle that on the proposal of the Board for the land, the Cabinet over the unit amount of payment determined by the Council, made direct payments . Payment amounts, manufacturer of agricultural policy objectives and identified at different levels to facilitate the adaptation to environmental conditions. principles and procedures related to direct income support payments in a way that does not contradict the basic structure of this Law shall be determined by application of the notification issued by the Ministry with the recommendation of the Board each year. Application papers are published in the first two months of the year. The Ministry may issue additional paper if necessary.

B) pay the difference: the difference in production costs farmers pay considering internal and external price support is given. Deficiency payments support covers products that primarily supply deficit. Each year, the difference is the amount of payment determined by the Board of the products to be included in the payment. production activities from farmers to benefit from the difference of payment and documents relating to the sale of products may be requested.
C) Compensatory payments: instead of producing products with a surplus of producers will be encouraged to shift to alternative products. Producers, due to growing alternative crops in land compensation may face revenue losses to avoid annoying the payment is made. The amount of payment will be made for each manufacturer, the manufacturer of the unit amount of the payment by the amount of land set aside for the production of alternative products is calculated by multiplying. Manufacturers met, additional payments made for the financing of investments to be made for the processing and marketing of alternative products. product scope of the compensatory payment, payment products on the basis of unit quantities, determined by the Council of Ministers upon the proposal of the Board each year payment period and amount of additional payments.
D) Livestock support: race breeding in livestock operations, increasing forage production, increasing productivity, businesses specialization, ensuring the hygiene conditions in businesses, animal health and welfare, promotion of animal identification system, the processing of animal products and the control related to the marketing, tracking and improving standards and supporting measures taken to support the fishery. Livestock in support, regions and provinces to determine the different applications and the amount of support payments on the basis of the Council of Ministers is authorized, upon the proposal of the Board.
D) Agricultural insurance payments: the producers, to encourage them to insure their production materials and products are covered by a portion of insurance premiums State. upon proposal of the Ministry of the risks that have been covered by agricultural insurance products will benefit from the established by the Council of Ministers.
E) Rural development support: increase and diversification of rural income, rural infrastructure, consolidation, farm development services and social structure in order to strengthen the development of the conservation of natural resources and with a fraction of the cost of the agreement or the investment to be carried out as individual projects in rural segments of society, on the basis of their costs borne by the State. Rural development is done by the Ministry supports the application. Promotion of investment in rural villages and other rural communities living in the area of ​​agricultural and non-agricultural employment provider priority to economic investment. Rural development will be supported in the framework of a project in support of investments; audience and participation of local stakeholders, bottom-up approach, sustainability, use of appropriate technology and the dissemination of modern management system is essential to comply with the policy. issues of investment projects will be supported, to support the types of projects which will be made in some of the practical rate and other issues, determined by the Council of Ministers upon the proposal of the Board.
F) Environment for farmland protection program supports: Erosion and negative in the remaining agricultural land subject to environmental impact, cultivation manufacturer engaged in the land of natural vegetation, meadows, pastures, to encourage their use for organic farming and afforestation, their specific to include the time, the environment for farmland protection program support is provided. Payments are based on contracts to be concluded between the manufacturer and the unit is done through the Ministry of land. Each manufacturer will be for environmental purposes farmland protection program supports payments, producers are calculated by multiplying the amount per payment and the amount of land will be allocated for this program. Manufacturers of these on land are also requested to take environmental protection measures. Environment for farmland protection program supports the payment of which will be implemented in the land, the scope of the contract, determined by the Council of Ministers upon the proposal of the Board of the payment period and amount of payment.

G) other support payments: Research, development and agricultural extension support, marketing incentives, private storage aid, quality support, market regulations support organic production support, destroyed support, product processing support, support agricultural basins, with the support of some inputs needed and support tools available on similar issues. This is determined by the Council of Ministers upon the proposal of the Board support tools every year.

agricultural support implementation principles of Article 20 principles to be followed in Support payments include:
a) Support payments; regions, businesses, land, products, agriculture system, contractual production, primarily on issues such as environmental and reclamation and preferences can be made with different amounts of light.
B) agricultural holdings could receive a maximum total amount of support, determined on an annual basis.
C) Support, it can also be paid through producer organizations.
Three) products to be supported and the amount of support payments in determining the quality, standard and health criteria are taken into account.
D) producer in the payment to be made to all kinds of support, integrated administration and control system is used.
E) details of the Farm Accountancy Data network control and can be used for statistical records, but it can not be disclosed. This provision made in accordance with the general provisions for criminal proceedings do not comply. Article 21

financing of agricultural support financing of agricultural support programs are provided from the budget resources and outsourcing. Resources to be allocated from the budget can not be less than one percent of the gross national product.
Epidemic and prevention of diseases
Article 22 outbreaks and to protect them from infectious diseases, in order to prevent the spread in case of contamination countries in risky areas, the proposal of the Ministry and will take the necessary measures related to agricultural activities with the Board's approval.
Withdrawal of unfair pay and deprivation of rights
ARTICLE 23 supports made wrongfully paid, dated 07.21.1953 from the payment date and the 6183 Public Debt Collection Procedure Act on the calculated taking into account the default interest rates that are specified in Article 51 taken back together with legal interest. Provides payment made to pay unfair, document or documents regulating the real and legal persons are jointly liable for the collection of the amounts to be recovered.
Of support payments determined by this law, administrative error, except for payments with the edited document, the producers were found to benefit unduly, yararlandırılmaz from any support program for five years.

Regulations determine principles and procedures of Article 24 regulations related to the implementation of this law, this law is put into effect within one year from the entry into force.
Reserved provisions
PROVISIONAL ARTICLE 1 Direct revenues in 2005 of application support and payments, according to the provisions of the legislation in force in 2005, is carried out under the following principles:
a) legal entities found in vegetable production activities conferred with producers and farmers , he has attained the age of eighteen as of date of application and / or adult natural persons to farmers, making production in the current year and the necessary information relating to the production with a declaration to the Ministry, provided that they are included in the farmer registration system is made direct income support payments. Located in crop production activities take place, but the farmer registration system manufacturers and farmers, are yararlandırılmaz from direct income support payments.
B) the information contained in the farmer registration system, the farmers are based on self-declaration and finalized after the ministry determined necessary. Farmers who want to benefit from direct income support payments, while in the agricultural district offices in the place where the agricultural lands, the provincial directorates of agriculture refers to the central district.
C) before the Ministry makes sure that the amount of agricultural land committed by the registered farmers. the amount payable to each farmer, that farmer committed by the unit amount of the payments specified in the application communicated with the amount calculated by multiplying the land. Payment is determined on the basis of land size and the amount of application papers.
D) payments, according to the ranking made taking into account the socio-economic development of the province and district levels, socio-economic level of the provinces and districts which are made starting from the low. However, farmers are exposed to natural disasters, it may be given priority, regardless of the said classification.
be based on the farmer registration system
Provisional Article 2-
integrated administration and control system to producers until the creation of vegetable production in farmer registration system support payments related to prevail.

Enforcement Article 25 of this Law shall enter into force on the date of publication.

Article 26 of this Law shall be enforced by the Executive Council of Ministers.