LAW ON ESTABLISHMENT AND TASKS OF

TURKISH ACCREDITATION AGENCY



Law No. 4457 

 

Date of Adoption : 27.10.1999 

 

Purpose of Establishment

ARTICLE 1. — Turkish Accreditation Agency (TÜRKAK) is established, related with the Prime Ministry, subject to private law provisions, with its headquarters in Ankara, as a legal entity having administrative and financial autonomy, to accredit the local and international bodies rendering laboratory, certification and inspection services, ensure them to operate in accordance with established national and international standards, and thereby ensuring international recognition of product / service, system, personnel and laboratory certificates.

Definitions

ARTICLE 2. — In this Law;

Agency means Turkish Accreditation Agency,

Accreditation means evaluation according to nationally and internationally recognized criteria, approval of competence and assessment at regular intervals of laboratories, inspection and certification bodies by the Agency,

Accrediting means the approval by the Agency within the framework of the relevant legislation that private and public laboratories and inspection and certification bodies carry out their activities in voluntary and compulsory areas in accordance with nationally and internationally accepted technical criteria,

Certificate means the certificates showing compliance with standard and technical regulations, prepared by private or public laboratories and inspection and certification bodies authorized by competent public agencies and organisations on the basis of field of activity to issue certificates in compulsory areas within the framework of the relevant legislation, and the certificates showing compliance with standard and technical regulations out of compulsory areas within the framework of the relevant legislation,

Certification means the activities of establishing in writing that the product/service, laboratory, system or personnel comply with a certain standard or technical regulations,

Assessment means the determination of whether the activities of, laboratories and systems utilized by and the personnel of a certain organisation comply with the defined specifications and/or standards,

Standard means the document which is agreed upon and approved by an accepted body, aimed at establishing an order at optimum level under existing circumstances, and containing rules, guidelines or characteristics regarding activities and results thereof for common and repeated uses,

Technical Regulation means the document which defines product characteristics, processing or production methods, as well as administrative provisions and which has to be complied with,

Certification Body means the body which certifies compliance with established standards or technical specifications,

Calibration means the sequence of procedures which established under certain circumstances the relation between the values indicated by a measuring instrument or measuring system or the values given by a measuring tool or a reference material and the corresponding values obtained from measuring standards,

Quality means all of the characteristics of a product or service that demonstrate its capability to meet a certain requirement,

Marking means the utilization of a certain mark to indicate that a product or product group complies with national and international standards and/or relevant legislation in terms of health, safety and protection of the environment and the consumer.

Duties and authorities of the Agency

ARTICLE 3. —Duties and authorities of the Agency are as follows:

a) Make arrangements regarding the activities of the Agency, establish the criteria and measures related with accreditation, implement and, when required, modify, revise and annul the same,

b) Evaluate the private and/or public agencies and organisations, which carry out activities on laboratory, product/service, system, personnel and similar certification issues, applying for accreditation according to relevant standards and criteria and decide whether to accredit such organisation as a result of this evaluation, monitor accreditted organisations, suspend the decision of accreditation temporarily or permanently, when required, and provide coordination among all agencies and organisations that will carry out activities in these fields,

c) Make arrangements encouraging the use of markings and certificates issued by accredited organisations,

d) Establish relationships and cooperate with international and regional accreditation bodies and those of other countries,

e) Ensure the confidentiality of information obtained in relation with the application, evaluation and accreditation of the organisations applying for accreditation,

f) Carry out activities promoting the importance of accreditation and the consciousness of quality,

g) Carry out training, research and publication activities on issues within its terms of reference,

h) Purchase services on the issues within its scope of activities,

i) Purchase, build, sell, lease and put lien and mortgage on movables and immovables required for carrying out the services,

j) Perform other duties related with its field of activity.

Organs

ARTICLE 4. — Organs of the Agency are:

a) General Assembly,

b) Board of Management,

c) Board of Inspection,

d) Secretariat General.

General Assembly

ARTICLE 5. — General Assembly is the most superior decision organ of the Agency and consists of;

a) Three representatives each from the Ministry of Industry and Trade and the Undersecretariat of Foreign Trade; one representative each from the Ministry of National Education, Ministry of Health, Ministry of Tourism, Ministry of Agriculture and Rural Affairs, Ministry of Public Works and Settlement, Ministry of Energy and Natural Resources, Ministry of Environment, Ministry of Transportation, Ministry of Labor and Social Security, Undersecretariat of Customs and Undersecretariat of State Planning Organization,

b) Three representatives from Turkish Standards Institute; one representative each from the Institution of Higher Education, Turkish Scientific and Technical Research Institution, Department of Small and Medium Scaled Industry Development and Support Administration, Competition Agency and Export Promotion Center,

c) Three representatives each from the Union of Chambers of Commerce, Industry, Maritime Trade and Commodity Exchanges of Turkey “TOBB” and Turkish Exporters’ Assembly; one representative each from the first six Chambers of Industry with the highest number of members and first two Chambers of Commerce and Chambers of Commerce and Industry with the highest number of members, one representative each from the Union of Turkish Chambers of Engineers and Architects, Union of Turkish Chambers of Agriculture, Turkish Tradesmen and Artisans Confederation, Turkish Technological Development Foundation and Turkish Lloyd Foundation; one representative each from maximum three organisations accreditted by the Agency, to be elected by the General Assembly with majority of votes for three years upon the recommendation of the Board of Management.

Meeting rules and procedures of the General Assembly

ARTICLE 6. — Meetings of the General Assembly are headed by the Presiding Board consisting of a chairman and two members to be elected from among the members. Members of the Board of Management and Board of Auditors can not be elected for the Presiding Board.

The General Assembly convenes ordinarily within May every year. Call for an ordinary meeting is made by the Board of Management. Date, place and agenda of the General Assembly meeting and the place and date of the second meeting in case majority can not be achieved is announced by sending registered letters at least fifteen days prior to the date of meeting.

The General Assembly is called for an extraordinary meeting through the same method upon the decision of the Board of Management or Board of Auditors or the request of one thirds of the members of the General Assembly.

The General Assembly convenes with the absolute majority of its full number of members. If the majority can not be achieved, the second meeting is held with the participating members. Decisions are taken by the majority of the members present in the meeting.

Duties and authorities of the General Assembly

ARTICLE 7. — Duties and authorities of the General Assembly are as follows:

a) Elect the principal and reserve members of the Board of Management,

b) Discharge the Board of Management,

c) Decide on the annual budget prepared by the Board of Management, monthly attendance fees of the members of the Board of Management, fees of the members of The Board of Auditors and meeting attendance fees of the members of the General Assembly and on financial issues in this scope,

d) Decide on the staff titles and staff numbers of the personnel to be employed in main service units and advisory and auxiliary service units and increase the number of staff up to maximum 75 persons, when required,

e) Decide on transferring the authorities listed in paragraph (d) of this article to the Board of Management, when deemed necessary.

Board of Management

ARTICLE 8. — The Board of Management consists of seven members comprising three from the representatives of the organisations listed in group (a), two from the representatives of the organisations listed in group (b) and two from the representatives of the organisations listed in group (c) of Article 5, including the Chairman of the Board of Management. More than one representative of any organisation can not take place in the Board of Management. Chairman of the Board of Management is elected from among group (a) members. Furthermore, six reserve members are elected in a fashion as to be two from each group.

Principal and reserve members of the Board of Management are elected separately within the groups by concealed voting from among the members of the General Assembly within the framework of the principles of the first paragraph of this article. These elections are held under judicial supervision and inspection.

The Board of management is elected for a term of three years and the Board elects a chairman and deputy chairman from its members. Chairman and members of the Board of Management are not permanent personnel of the Agency.

Decisions to be taken by the Board of Management are executed by the Secretary General.

Members of the Board of Management should;

a) Bear the conditions set forth in sub-paragraphs 1, 4 and 5 of paragraph (A) of article 48 of Law 657 on Public Servant,

b) Be knowledgeable on product, service, laboratory, system and personnel accreditation and on standards,

c) Be graduated from a Higher Education Institution providing at least four years of education home or abroad,

d) Speak at least one of the languages of English, German and French,

e) Have worked in the public and/or private sector for at least ten years.

Members of the Board of Management can vote in the meetings of the General Assembly, except for their discharge.

The Agency is represented by the chairman, or in his/her default, deputy chairman of the Board of Management.

The membership of any member who does not attend the meetings of the Board of Management consequently three times or totally four times in a year without any justification acceptable by the Board of Management automatically ceases without the need for any further proceeding.

In case any membership of the Board of Management becomes vacant for any reason, the reserve member of the group with missing member is deemed to be elected for the vacant membership and completes the assignment term of the former member. Any member, whose term expires may be elected for two more terms.

Meeting rules and procedures of the Board of Management

ARTICLE 9. — The Board of Management convenes ordinarily at least once a month on the date to be notified by the chairman. The Board is called for an extraordinary meeting by the chairman of the Board upon the written application of more than half of the members.

Deputy chairman presides the meeting in default of the chairman.

Meetings are held with absolute majority of the full number of members of the Board of Management.

Decisions are taken by the majority of the attending members.

Duties and authorities of the Board of Management

ARTICLE 10. — Duties and authorities of the Board of Management are as follows:

a) Have the required arrangements such as regulations, communiqués and circulars published in the Official Journal,

b) Examine and finalize the accreditation decisions received from accreditation units,

c) Assign the Secretary General and other personnel,

d) Prepare and submit to the General Assembly the work Schedule and budget, and execute the same following approval,

e) Determine and identify the working rules and procedures of the Agency and the personnel policy, and to monitor their implementation,

f) Provide coordination among other organisations related with accreditation,

g) Perform required procedures to purchase, build, sell, lease and set lien and mortgage on movable and immovable assets on issues within its field of activity,

h) Have works such as researches, technical reviews, surveys and projects on issues required in relation with its duties and the provision of all relevant goods and services performed by contracts or bargains with domestic and foreign real and corporate persons and purchase goods and services related with these issues,

i) Have accreditted organisations announced in the Official Journal and notify the same to international accreditation agencies,

j) Decide on complaints and objections,

k) Conclude mutual recognition agreements with international and regional accreditation agencies and those of other countries,

l) Decide on membership in international or regional accreditation agencies and on representation of the Agency before international accreditation agencies, when required,

m) Determine the fees to be charged against the services to be provided,

n) Decide on prepared regulations,

o) The Board of Management may transfer a part of its authorities to the Secretary General, provided that it clearly defines the limits thereof, when required,

p) Execute the other duties assigned by the General Assembly.

Board of Auditors

ARTICLE 11. — The Board of Auditors consists of one representative each to be notified by the Prime Ministry, Ministry of Finance and the Ministry of Industry and Trade. Members of the Board of Auditors are not permanent personnel of the Agency.

It is imperative to bear the qualifications sought for in the members of the Board of Management in roder to be a member of the Board of Auditors.

The Board of Auditors may carry out inspections at any time it deems necessary within the year. The Board of Auditors prepares the Annual Audit Report by the thirty first day of March at the latest and duly forwards it to the members of the General Assembly.

If the Board of Auditors detects during its audits that one or more of the members of the Board of Management have committed any offense related with their duties, it can call the General Assembly for an extraordinary meeting to notify the situation. In case it is proven that any other personnel has committed and offense related with his/her duty, it notifies the situation to the Board of Management.

Secretary General

ARTICLE 12. — A Secretary General reporting to such Board is assigned by the Board of Management for carrying out the administrative, technical and secretariat affairs of the Agency and for executing the decisions taken by the Board of Management. A maximum of two Deputies of Secretary General can be assigned to assist the Secretary General.

The Secretary General attends the meetings of the General Assembly and the Board of Management, without participating in voting.

The qualifications sought for in the members of the Board of Management are sought for in the Secretary General and Deputies of Secretary General.

Duties of the Secretary General

ARTICLE 13. — Duties of the Secretary General are as follows:

a) Carry out the main services, advisory and auxiliary services of the Agency,

b) Provide coordination among all units of the Agency,

c) Perform other works to be assigned by the Board of Management.

Main service units

ARTICLE 14. – Main service units reporting to the Secretary General are:

a) Product/Service Accreditation Department,

b) Laboratory Accreditation Department,

c) System Accreditation Department,

d) Personnel Accreditation Department.

Product/Service Accreditation Department

ARTICLE 15. – Duties of the Product/Service Accreditation Department are as follows:

a) Establish technical and expert committees for the accreditation of product and service certifying bodies,

b) Perform or have performed the technical review for the finalization of accreditation applications and submit it to the approval of the Board of Management,

c) Monitor and control accreditted bodies,

d) Propose the temporary or permanent cancellation of accreditation to the Board of Management, when required,

e) Perform other works to be assigned by the Secretary General on their issues.

Laboratory Accreditation Department

ARTICLE 16. – Duties of the Laboratory Accreditation Department are as follows:

a) Establish technical and expert committees for the accreditation of all types of calibration, analysis and test laboratories,

b) Perform or have performed the technical review for the finalization of accreditation applications and submit it to the approval of the Board of Management,

c) Monitor and control accreditted bodies,

d) Propose the temporary or permanent cancellation of accreditation to the Board of Management, when required,

e) Perform other works to be assigned by the Secretary General on their issues.

System Accreditation Department

ARTICLE 17. – Duties of the System Accreditation Department are as follows:

a) Establish technical and expert committees for the accreditation of all types of system certification bodies,

b) Perform or have performed the technical review for the finalization of accreditation applications and submit it to the approval of the Board of Management,

c) Monitor and control accreditted bodies,

d) Propose the temporary or permanent cancellation of accreditation to the Board of Management, when required,

e) Perform other works to be assigned by the Secretary General on their issues.

Personnel Accreditation Department

ARTICLE 18. – Duties of the Personnel Accreditation Department are as follows:

a) Establish technical and expert committees for the accreditation of all types of personnel certification bodies,

b) Perform or have performed the technical review for the finalization of accreditation applications and submit it to the approval of the Board of Management,

c) Monitor and control accreditted bodies,

d) Propose the temporary or permanent cancellation of accreditation to the Board of Management, when required,

e) Perform other works to be assigned by the Secretary General on their issues.

Complaint and objection evaluation, advisory and auxiliary service units

ARTICLE 19. — Advisory and auxiliary services of the Agency are carried out by the Legal Advisory Department and Directorates of International Relations, Training and Promotion, Information Processing, Personnel and Administrative and Financial Affairs.

A board reporting to the Secretary General is established for evaluating complaints and objections.

Advisory and Auxiliary Service Units report to the Secretary General.

Personnel and their qualifications

ARTICLE 20. — Personnel of the Agency are employed on service contracts. Those assigned to a duty in the Agency are associated with the State Pension Fund upon their request.

Special qualifications to be sought for in the personnel are determined through a regulation.

Staff titles and staff numbers of the personnel to be employed in the Agency are given in the staff Schedule annexed hereto.

The monthly salary to be paid to the personnel employed on a service contract is determined by the Board of Management in a fashion as not to exceed twice the salary of the highest level of public servant, including all appropriations. Those payments made to the highest level of public servant which are not subject to income tax are also not subjected to income tax under this Law, as well.

For pension purposes, Secretary General, Deputies of Secretary General and Main Service Department Chiefs are considered at the same level with a General Director. Position of the other personnel is determined through the regulation to be issued.

Revenues of the Agency

ARTICLE 21. — Revenues of the Agency are as follows:

a) 1% of the gross revenues of accreditted bodies gained against their activities in the scope of accreditation within the year,

b) Fees to be received against the services provided,

c) Subsidies to be provided from the general budget,

d) All types of aids and donations,

e) Revenues of the immovables owned by the Agency,

f) Revenues to be gained through the interest brought by the above listed revenues.

Surplus of revenue-expenditure of Turkish Accreditation Agency is transferred to the budget of the following year of the Agency.

Miscellaneous

ARTICLE 22. — Membership of those members of the Boards of Management and Inspection who lose their qualifications as members for any reason whatsoever are deemed to automatically cease as from the date of learning that such qualifications have been lost, without the need for any further proceeding.

Cash, documents and all possessions of the Agency are State’s possessions.

The penalties applied for public servants are applied for the members of the Boards of Management and Auditors and the personnel of the Agency for their acts and behaviors constituting offenses. However, the provisions of the Provisional Law on the Prosecution of Public Servants are not applied for the members of the Boards of Management and Audýtors and the personnel of the Agency.

No procedure of the Agency regarding its revenues and expenses is subject to State Procurement Law 2886, General Accounting Law 1050, Allowance Law 6245 and the annexes and amendments thereto.

Revenues, proceedings and immovables of Turkish Accreditation Agency are exempt from all taxes, duties and fees.

Regulations

ARTICLE 23. — Rules and procedures regarding the implementation of this Law are established through regulations.

PROVISIONAL ARTICLE 1. — All support services of the Agency until its initial General Assembly is made, its organs are established and it becomes ready to perform all its duties within a period of one year at the latest from the entering into effect of this Law are carried out under the coordination of the Undersecretariat of Foreign Trade by an agency and/or body to be designated by such Undersecretariat.

PROVISIONAL ARTICLE 2. — Expenditures of the Agency incurred within the period until it becomes capable of normally operating with its own sources are met from the general budget.

The Ministry of Finance is authorized to make the required arrangements on this issue.

PROVISIONAL ARTICLE 3. — The personnel providing technical services on behalf of National Council for Quality and Accreditation may be transferred to the Agency within the period specified in Provisional Article 1, provided that they bear the qualifications specified in this Law and that their consent and that of the President of the Council is received.

Effectiveness

ARTICLE 24. – This Law enters into effect on its date of publication.

Execution

ARTICLE 25. – Provisions of this Law are executed by the Council of Ministers.
 
                                                          

 

 

ANNEX

STAFF SCHEDULE

 

Staff Title

Staff Number

Secretary General

1

Deputy Secteraty-General

2

Chairman

4

Legal Advisor

1

Director

4

Technical Personnel

26

Administrative Personnel

22

 

 

TOTAL

60