Europaudvalget 2012
SWD (2012) 0336
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EUROPEAN
COMMISSION
Brussels, 10.10.2012
SWD(2012) 336
COMMISSION STAFF WORKING DOCUMENT
TURKEY
2012 PROGRESS REPORT
accompanying the document
COMMUNICATION FROM THE COMMISSION
TO THE EUROPEAN PARLIAMENT AND THE COUNCIL
Enlargement Strategy and Main Challenges 2012-2013
{COM(2012) 600}
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TABLE OF CONTENTS
1.
1.1.
1.2.
1.3.
2.
2.1.
2.2.
2.3.
3.
3.1.
3.2.
4.
4.1.
4.2.
4.3.
4.4.
4.5.
4.6.
4.7.
4.8.
4.9.
4.10.
4.11.
4.12.
4.13.
4.14.
4.15.
4.16.
4.17.
4.18.
4.19.
4.20.
4.21.
Introduction .................................................................................................................. 4
Preface.......................................................................................................................... 4
Context ......................................................................................................................... 4
Relations between the EU and Turkey......................................................................... 4
Political criteria and enhanced political dialogue ........................................................ 6
Democracy and the rule of law .................................................................................... 7
Human rights and the protection of minorities .......................................................... 18
Regional issues and international obligations ............................................................ 35
Economic criteria ....................................................................................................... 37
The existence of a functioning market economy ....................................................... 37
The capacity to cope with competitive pressure and market forces within the Union
.................................................................................................................................... 41
Ability to take on the obligations of membership...................................................... 43
Chapter 1: Free movement of goods .......................................................................... 43
Chapter 2: Freedom of movement for workers .......................................................... 46
Chapter 3: Right of establishment and freedom to provide services ......................... 47
Chapter 4: Free movement of capital ......................................................................... 47
Chapter 5: Public procurement................................................................................... 49
Chapter 6: Company law............................................................................................ 50
Chapter 7: Intellectual property law........................................................................... 51
Chapter 8: Competition policy ................................................................................... 52
Chapter 9: Financial services ..................................................................................... 53
Chapter 10: Information society and media ............................................................... 53
Chapter 11: Agriculture.............................................................................................. 55
Chapter 12: Food safety, veterinary and phytosanitary policy .................................. 56
Chapter 13: Fisheries.................................................................................................. 57
Chapter 14: Transport policy ..................................................................................... 59
Chapter 15: Energy .................................................................................................... 60
Chapter 16: Taxation.................................................................................................. 62
Chapter 17: Economic and monetary policy.............................................................. 63
Chapter 18: Statistics.................................................................................................. 64
Chapter 19: Social policy and employment ............................................................... 65
Chapter 20: Enterprise and industrial policy.............................................................. 67
Chapter 21: Trans European Networks ...................................................................... 68
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4.22.
4.23.
4.24.
4.25.
4.26.
4.27.
4.28.
4.29.
4.30.
4.31.
4.32.
4.33.
Chapter 22: Regional policy and coordination of structural instruments .................. 69
Chapter 23: Judiciary and fundamental rights ........................................................... 70
Chapter 24: Justice, freedom and security ................................................................. 75
Chapter 25: Science and research .............................................................................. 79
Chapter 26: Education and culture............................................................................. 80
Chapter 27: Environment and climate change ........................................................... 82
Chapter 28: Consumer and health protection............................................................. 84
Chapter 29: Customs Union ....................................................................................... 85
Chapter 30: External relations.................................................................................... 86
Chapter 31: Foreign, Security and Defence Policy.................................................... 87
Chapter 32: Financial control..................................................................................... 89
Chapter 33: Financial and budgetary provisions........................................................ 91
Statistical Annex ...................................................................................................................... 92
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1.
1.1.
I
NTRODUCTION
Preface
Following the conclusions of the Luxembourg European Council in December 1997, the
Commission has reported regularly to the Council and the Parliament.
This report on progress made by Turkey in preparing for EU membership largely follows the
same structure as in previous years. The report:
briefly describes the relations between Turkey and the Union;
analyses the situation in Turkey in terms of the political criteria for membership;
analyses the situation in Turkey on the basis of the economic criteria for membership;
reviews Turkey’s capacity to take on the obligations of membership, that is the
acquis
expressed in the Treaties, the secondary legislation and the policies of the Union.
This report covers the period from October 2011 to September 2012. Progress is measured on
the basis of decisions taken, legislation adopted and measures implemented. As a rule,
legislation or measures which are being prepared or awaiting parliamentary approval have not
been taken into account. This approach ensures equal treatment across all reports and permits
an objective assessment.
The report is based on information gathered and analysed by the Commission. Many sources
have been used, including contributions from the government of Turkey, the EU Member
States, European Parliament reports
1
and information from various international and non-
governmental organisations.
The Commission draws detailed conclusions regarding Turkey in its separate communication
on enlargement
2
, based on the technical analysis contained in this report.
1.2.
Context
The Helsinki European Council of December 1999 granted Turkey the status of candidate
country. Accession negotiations with Turkey were opened in October 2005.
The Association Agreement between Turkey and the then EEC was signed in 1963 and
entered into force in December 1964. Turkey and the EU formed a customs union in 1995.
1.3.
Relations between the EU and Turkey
The Positive Agenda endorsed by the Council in December 2011 was launched. It aims to
support and to complement the
accession negotiations
through enhanced cooperation in a
number of areas of joint interest: political reforms, alignment with the
acquis,
dialogue on
foreign policy, visas, mobility and migration, trade, energy, counter terrorism and
participation in Community programs. Eight working groups aimed at encouraging alignment
with the
acquis
were set up and six of them had their first meeting. The Commission will
assess whether Turkey has met the benchmarks and inform Turkey and the Member States
accordingly.
The Council invited the Commission to take steps towards visa liberalisation as a gradual and
long-term perspective, in parallel with the signing of the readmission agreement between
Turkey and the EU which was initialled in June. It is now crucial that Turkey signs the
readmission agreement to allow for a proper roadmap to be finalised, effectively starting the
process.
1
2
The rapporteur for Turkey is Mrs Oomen-Ruijten.
Enlargement Strategy and Main Challenges 2012-2013, COM(2012) 600.
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With a view to Turkey’s further development as a potential energy hub and given the common
challenges it shares with the EU, Turkey and the Commission also decided to enhance their
cooperation on a number of important energy issues.
To prepare for accession negotiations, Turkey’s readiness to start negotiations on individual
chapters was assessed on the basis of screening reports. Out of a total of 33 screening reports,
nine are pending in the Council while one has yet to be delivered.
So far, negotiations have been opened on 13 chapters (Science and research; Enterprise and
industry; Statistics; Financial control; Trans-European networks; Consumer and health
protection; Intellectual property law; Company law; Information society and media; Free
movement of capital; Taxation; Environment; and Food safety, veterinary and phytosanitary
policy), one of which (Science and research) was provisionally closed. The December 2006
Council decision
3
remains in force.
The
enhanced political dialogue
between the EU and Turkey has continued. Political
dialogue meetings were held at ministerial level in March and June 2012 and at political
directors’ level in February 2012. These meetings focused on the main challenges faced by
Turkey in terms of the Copenhagen political criteria and reviewed the progress made towards
fulfilling Accession Partnership priorities. Foreign policy issues relating to regions of
common interest to the EU and Turkey, such as North Africa, the Middle East, Western
Balkans, Afghanistan/Pakistan and the Southern Caucasus, were also regularly discussed.
Turkey has become increasingly active in its wider neighbourhood and is a leading regional
player. The Council acknowledged the influential regional role of Turkey in supporting
reform, including with regard to recent developments in North Africa. Turkey has also been
vocal on Syria, condemning strongly and repeatedly the regime’s violence against civilians
and providing vital humanitarian assistance to nearly 100,000 Syrians who fled the country. A
number of high-level visits to the European institutions took place during the reporting period.
Turkey decided to freeze its relations with the Presidency of the Council of the EU during the
second half of 2012 and not to attend meetings chaired by the Cyprus EU Presidency. The
European Council expressed serious concerns with regard to Turkish statements and threats
and called for full respect for the role of the Presidency of the Council, which is a
fundamental institutional feature of the EU provided for in the Treaty.
Progress on the reform priorities is encouraged and monitored by the bodies set up under the
Association Agreement.
The Association Committee met in April 2012 and the Association
Council in June 2012. Eight sectoral sub-committee meetings have been held since November
2011.
The multilateral economic dialogue between the Commission, EU Member States and
Candidate Countries in the context of pre-accession fiscal surveillance continued, including a
meeting at ministerial level in May in Brussels.
The EU-Turkey
Customs Union
continues to boost bilateral trade between the EU and
Turkey, which totalled € 120 billion in 2011. Turkey is the EU’s sixth biggest trading partner
while the EU is Turkey’s biggest. A bit less than half of Turkey’s total trade is with the EU
and almost 75% of foreign direct investment flows in Turkey, with a strong high-technology
component, comes from the EU. However, Turkey is not implementing the Customs Union
fully and maintains legislation that violates its commitments under the Customs Union. As a
3
The decision stipulates that negotiations will not be opened on eight chapters relevant to Turkey’s
restrictions regarding the Republic of Cyprus and no chapter will be provisionally closed until the
Commission confirms that Turkey has fully implemented the Additional Protocol to the Association
Agreement.
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result, several trade issues remain unresolved. A number of Turkey’s commitments on
removing technical barriers to trade remain unfulfilled, in areas such as import licences,
restrictions on imports of goods from third countries in free circulation in the EU, State aid,
enforcement of intellectual property rights, requirements for the registration of new
pharmaceutical products and discriminatory tax treatment. The Commission is launching an
external evaluation to assess the strengths of the Customs Union as implemented so far, its
weaknesses (or limitations) and the opportunities arising from its possible modernisation. The
EU urged Turkey to remove all remaining restrictions on the free movement of goods,
including on means of transport regarding Cyprus, and to implement the Customs Union fully.
As regards
financial assistance,
€ 856 million have been earmarked for Turkey from the
Instrument for Pre-accession Assistance (IPA) for 2012. In line with the Multiannual
Indicative Planning Document (MIPD) for 2011-2013 importance has been given to further
advance a sector-based approach which aims to better focus assistance on political priorities.
Support is focused on institutions directly concerned by political reforms in the judiciary and
law enforcement services, on adoption and implementation of the
acquis
in priority areas and
on economic, social and rural development. In addition, Turkey is benefiting from a series of
regional and horizontal programmes under IPA.
IPA assistance is subject to decentralised management, which means that it is managed by the
Turkish authorities following an accreditation process carried out by the Commission. In 2012
progress was made with regard to strengthening the institutional framework for IPA
Components as the accreditation process has been finalised for the Operating Structures in the
areas of Regional Competitiveness and Human Resources Development programmes.
Nevertheless, delays in the implementation of IPA assistance continued to occur and Turkey
needs to further strengthen its administrative capacity to address weaknesses in adopting the
sector approach in programming, to speed up the implementation process, to improve the
quality of programmes and projects and to avoid loss of funds.
Support to
civil society
continues with the implementation of previously programmed EU
financial assistance for civil society capacity building and civil society dialogue between
Turkey and the EU, both under the national programme and the Civil Society Facility.In
parallel an impact assessment of EU-Turkey Civil Society Dialogue was launched to draw
conclusions for future assistance in this area.
Turkey actively participates in the following
EU Programmes
and Agencies: the Seventh
Research Framework Programme, Customs 2013, Fiscalis 2013, the European Environment
Agency, the Competitiveness and Innovation Framework Programme (including the
Entrepreneurship and Innovation Programme and the Information Communication
Technologies Policy Support Programme), Progress, Culture 2007, Lifelong Learning and
Youth in Action. IPA funds are used to meet part of the costs of participation in most of these
programmes. Turkey has not yet completed ratification for the agreement on its participation
in the European Monitoring Centre for Drugs and Drug Addiction.
2.
P
OLITICAL CRITERIA AND ENHANCED POLITICAL DIALOGUE
This section examines progress made by Turkey towards meeting the Copenhagen political
criteria, which require stability of institutions guaranteeing democracy, the rule of law, human
rights and respect for and protection of minorities. It also monitors compliance with
international obligations, regional cooperation and good neighbourly relations with
enlargement countries and Member States.
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2.1.
Democracy and the rule of law
Work on a new constitution started and a democratic and participatory process was put in
place. The rest of political life was characterised by limited dialogue and frequent tensions.
Trials of the alleged deep-state criminal network
Ergenekon
and the ‘Sledgehammer’ trial
concerning an alleged coup plan continued. In the ‘Sledgehammer’ trial a first instance court
on 21 September sentenced a total of 324 suspects (out of 365), including three former army
commanders, to 13-20 years on charges of attempting to remove or prevent the functioning of
the government through force and violence. The Court handed down mass verdicts. The
judicial process is on-going. In the Ergenekon case, according to official data, the number of
defendants has risen to 279, of whom 65 are under arrest. The landmark trial of the 1980 coup
perpetrators, made possible by amendments to the constitution in 2010, began in April 2012.
Investigations into military intervention in politics, including the 28 February ‘Postmodern
Coup’ of 1997 followed. The armed forces’ former chief of staff was arrested in January 2012
on charges of attempting to overthrow the government and of membership of a terrorist
organisation.
Concerns persisted over the rights of the defence, lengthy pre-trial detention and excessively
long and catch-all indictments, leading to significantly enhanced public scrutiny of the
legitimacy of these trials. Offering a chance to strengthen confidence in the proper
functioning of Turkey’s democratic institutions and the rule of law, these cases have been
overshadowed by real concerns about their wide scope and the shortcomings in judicial
proceedings. Moreover, they tend to contribute to the polarisation of Turkish politics.
Judicial proceedings need to be speeded up to ensure the rights of the defence and to promote
transparency in these cases. Investigations tend to expand rapidly; the judiciary accepts
mainly evidence collected by the police only, or supplied by secret witnesses.
In July 2012, 404 active-duty military personnel were involved in on-going court cases as
suspects, 207 of whom were in detention, among whom a former Chief of General Staff.
The Kurdish issue remains a key challenge for Turkey’s democracy. A meeting was held
between the Prime Minister and the leader of the main opposition party CHP on the initiative
of the latter, looking for opportunities to make progress on the Kurdish issue. There was no
follow-up. The 2009 democratic opening, aimed at addressing amongst others the Kurdish
issue, was not followed through.
Turkey suffered a significant increase in terrorist attacks by the PKK, which is on the EU list
of terrorist organisations. The attacks were strongly condemned by the EU.
The investigation into the Union of Communities of Kurdistan (KCK), the alleged urban wing
of the PKK, significantly expanded. Increasing numbers of BDP-affiliated Kurdish
politicians, locally elected mayors and members of municipal councils were detained,
adversely affecting regional and local democracy.
The killing of 34 civilians in Uludere (Şırnak) in a military air strike in December 2011, and
the absence of a transparent public inquiry into the events, also damaged confidence. There
has been no discussion of political responsibility.
Due attention needs to be paid to upholding the rule of law in the anti-KCK investigation and
to ensuring that an effective and transparent public inquiry into the Uludere air strike takes
place. Revision of the constitution provides an opportunity to address a number of long-
standing problems in Turkey, in particular the Kurdish issue.
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Constitution
Work on a new constitution started with the setting up of a Constitution Conciliation
Committee, following inter-party agreement on equal representation and a decision to avoid
setting preconditions for the substance of a new text. The committee is composed of three
members from each of the four political groups in parliament. Its working principles reflect a
commitment to inclusiveness and consultation and provide for unanimity in decision-making
and termination of the committee’s mandate if any one party withdraws.
The Conciliation Committee held public consultations with a broad range of stakeholders
between November 2011 and April 2012 to receive the views of political parties not
represented in parliament, of state bodies, professional associations, trade unions and non-
governmental organisations. For the first time ever, representatives of non-Muslim minorities
were officially received by parliament. Members of the committee also took part in public
events around Turkey organised by civil society platforms. A website was set up to gather
written opinions, returning over 25,000 contributions. An abundance of local and national
civic initiatives also ensured lively debate among citizens and in the media.
However, it is unclear what the follow-up of the committee’s work will be. The current
Constitution (Article 175) only provides for
amendment
of the existing text. There are some
limits on transparency, with submissions to the committee by civil society and others removed
from or not published on the internet.
Regarding the substance of the constitution, the key challenges to consensus include views on
the separation of powers, state-society-religion relations and the Kurdish issue (citizenship,
use of the mother-tongue, and decentralisation). The BDP was the only political party to take
a firm position when it presented a detailed note on the fundamental rights and freedoms
chapter in July. The possibility of introducing a presidential or semi-presidential system of
government was debated.
Further progress in implementing the 2010 constitutional amendments has been limited. The
law on civil servants’ trade unions was amended to include provisions on their right to
collective bargaining, while laws on collective bargaining, strikes and lockouts for private
sector employees and the establishment and duties of the Ministry of Justice, Protection of
Personal Data and military justice are still pending.
Overall,
positive steps have been taken in terms of work on a new constitution. A democratic
and participatory process has been put in place, albeit with some limitations on transparency.
The new constitution should cement the stability of institutions guaranteeing democracy, the
rule of law, human rights and respect for and protection of minorities and address long-
standing problems, in particular the Kurdish issue. Maintaining a spirit of compromise and
ensuring the broadest possible consultation remain key for the legitimacy of a new
constitution. Further progress in implementing the 2010 constitutional amendments has been
limited.
Parliament
The new parliament convened on 1 October 2011 with all parties represented, following a
protracted oath-taking crisis over the courts’ refusal to release eight MPs-elect from pre-trial
detention. Work on political reforms and the parliament’s ability to perform its key functions
of law-making and oversight of the executive continues to be hampered by the persistent lack
of dialogue and spirit of compromise among political parties.
The CHP proposed a legislative amendment to the Code on Criminal Procedures to set the
MPs-elect free; it was not supported by the majority. An initiative of the Speaker of the
parliament to seek consensus among the four political groups on a possible legal solution to
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the issue did not produce results. Courts rejected the petition of the MP’s elect for release on
probation pending trial, submitted further to the adoption of the third judicial reform package
in July.
The overall scope of parliamentary immunity remains wide, except in cases concerning MPs
freedom of expression, which are subject to a restrictive interpretation of the Constitution (in
particular Article 14). This continues to be an issue of concern. A total of 740 requests by
prosecutors for the lifting of parliamentary immunity are pending, concerning a total of 101
members of parliament, the majority concerning the BDP-bloc. A BDP-affiliated MP-elect,
whose conviction to two years imprisonment for a speech pronounced 6 years ago was upheld
by the Court of Cassation, risks permanently losing his seat once the Parliament speaker sets
in motion the applicable procedures following such a ruling.
Insufficient preparation and consultation prior to the adoption of key legislation triggered
strong criticism. This included the new education law, a law on caesarean section deliveries, a
law granting immunity from judicial scrutiny to intelligence officers and public officials
assigned specific tasks by the Prime Minister and the abolition of the Serious Crimes Courts.
Regarding the
legislative framework,
a law to facilitate out-of-country voting— targeting
around 2.5 million Turkish voters residing mainly in the EU — was adopted. No further
important changes were made to the electoral system. The 10% national threshold for
obtaining seats in parliament remains the highest among Council of Europe member states.
There has been no progress in aligning the law on the closure of political parties or laws on
the financing of political parties and election campaigns with European standards.
Concerning the
functioning of parliament,
the representation of all mainstream political views
following the June 2011 elections and its lead role in work on a new constitution increased the
profile of the parliament. An ad hoc committee was set up by consensus among the four main
political groups to investigate all coups in the history of the Republic; further parliamentary
committees were created to probe the 28 February ‘Postmodern Coup’ and the alleged state
violence in Tunceli (Dersim) in 1937-38, and to inquire into the Uludere incident in
December 2011.
The Human Rights Inquiry Committee heard numerous experts including prominent Kurds
while examining human rights violations linked to terrorism and the fight against terrorism
(through the Sub-Committee on Investigating Violations of Right to Life within the Scope of
Acts of Terrorism and Violence).
Several important pieces of legislation were adopted, in particular laws on the protection of
family and prevention of violence against women, probation, collective bargaining for civil
servants, the Ombudsman Institution and the national human rights institution. Nevertheless,
in none of these cases did improvements fully bring the necessary alignment with the
acquis
or with European standards. The EU Harmonisation Committee remains an auxiliary
committee with a limited mandate and ability to scrutinise legislation.
The parliament’s role in addressing key policy challenges continues to be limited. Further
efforts are needed to achieve systematic consultation with civil society and other stakeholders
throughout the process. There was no progress in improving the parliament’s capacity to
monitor performance and audit public expenditure, including defence expenditure, despite the
improvement in the overall legal framework with the entry into force of the new Law on the
Turkish Court of Accounts (TCA) in 2011.
The law on the administrative organisation of parliament was amended in December 2011,
partly to transfer responsibility for the parliament’s security from the military to the police. A
proposal to set up a parliamentary legislative academy to strengthen expertise was approved.
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However, more comprehensive reform of the rules and procedures was abandoned, including
key elements such as the introduction of planning for the legislative agenda and strengthening
the oversight role of the committee system. Few of the capacity concerns identified by the
2010 Parliament/SIGMA peer review have so far been addressed.
4
Overall,
the parliament’s involvement in addressing key policy challenges improved on a few
selective topics. However, proper functioning of the parliament, including the parliamentary
committees, based on dialogue among all parties, has yet to be ensured. Despite
improvements, capacity constraints remain, in particular with regard to public financial
management of military expenditure. Due attention needs to be paid to reform of the
legislative framework, particularly the laws on elections and political parties and parliament’s
rules and procedures, to strengthen parliament’s ability to perform its key tasks including
oversight of the executive. Consultation of civil society remains the exception rather than the
rule.
President
The President stressed the need for a new constitution and expressed concern over the arrest
of journalists, maintaining a conciliatory role across Turkey’s political spectrum in carrying
out his functions.
The January 2012 Law on Presidential Elections and the June Constitutional Court ruling on
the same issue ended a long-time controversy over the mandate of President Gül.
Accordingly, the incumbent president’s term in office is seven years and he is eligible for re-
election. The term of office of the new President — to be directly elected in 2014 — will be
five years, renewable for one additional term.
Government
In its Annual Plan for 2012 and its Medium-Term Programme for 2012-2013 the government
committed itself to further democratisation and political reforms through work on a new
constitution intended ‘to meet the aspirations and demands of a modern democracy and
represent the interests of all citizens of Turkey’. Judicial reform and the normalisation of
civilian-military relations remain priorities of the government.
The government continued to reiterate its commitment to EU accession and frequently
criticised the political stalemate in the accession negotiations. The ministerial Reform
Monitoring Group met twice.
In a significant symbolic gesture in November 2011, the Prime Minister expressed readiness
to account for crimes carried out by the state in the predominantly Kurdish Alevi region of
Tunceli (Dersim) in 1937-38.
However, there has been no discussion of political responsibility regarding the Uludere
incident and rhetoric on a new government strategy for the Kurdish issue has not translated
into progress towards a political solution. (See
Situation in the east and south-east)
Key legislation was adopted with insufficient preparation and consultation, triggering strong
criticism.
Members of the government reacted virulently to criticism voiced by the media or civil
society, and brought court cases on a number of occasions, for instance when criticised for
supposed nationalist tendencies.
4
http://www.tbmm.gov.tr/yayinlar/sigma_report_final_eng.pdf
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There was little progress on devolving powers to
local government.
Administrative
decentralisation has not been addressed; in fact, decree-laws issued in 2011 provide for the re-
centralisation of some powers, mainly in the fields of land use planning and urban renewal.
City councils, designed to encourage citizens’ participation in local government, functioned
effectively in only a limited number of cities.
There was no progress on removing administrative tutelage and allowing the use of languages
other than Turkish in the provision of public services as recommended by the Council of
Europe’s Congress of Local and Regional Authorities, and the courts ruled inconsistently on
the use of more than one language by municipal authorities. Despite several non-prosecution
and acquittal decisions, judicial proceedings against mayors and municipal councils for the
use of languages other than Turkish in the provision of services were reported. The Ministry
of the Interior provisionally suspended 55 local government representatives, including the
elected mayors of Van,
Şırnak,
Silopi,
İdil,
Uludere and Cizre, alongside several members of
municipal and provincial assemblies detained in anti-KCK operations. In one case – Siirt – a
mayor’s dismissal was suspended following the entry into force of the third judicial reform
package (See
Situation in the east and south-east)
Overall,
the government committed itself to further democratisation and political reforms
through work on a new constitution. However, key legislation was presented and adopted with
insufficient preparation and consultation. In incidents such as the Uludere killings of civilians,
calls on the authorities for effective and swift investigation and a transparent public inquiry
have not been met. Local government in the south-east suffered from the detention of
numerous local politicians. Further efforts are needed on administrative decentralisation.
Public administration
After consultation with the European and other Ombudsmen the Law on the Ombudsman
Institution was adopted on 14 June. The law provides that the Institution is answerable to
parliament and that no one shall issue instructions to it. The Ombudsman Institution has a
Head Ombudsman and a maximum of five Ombudsmen, a secretary general and staff, and a
separate budget. Local offices throughout the country can be established. The Head
Ombudsman is elected by parliament in up to four rounds of voting; in the fourth, he or she is
elected by simple majority. Implementation of this provision and, in particular, the choice of
the first Head Ombudsman is crucial for the credibility of the Institution. The Ombudsman
Institution examines complaints and makes suggestions concerning the functioning of the
administration with respect to the rule of law and human rights. However, it does not have the
right to conduct inquiries on its own initiative. Its mandate covers administrative acts of the
Turkish Armed Forces and excludes their military acts. Implementation of this provision is
crucial: This relates in particular to who decides on what falls under the Institution’s remit,
and on which basis. The law as it stands does not set out any decision-making process of the
Ombudsman Institution, but leaves the matter to a regulation to be adopted by its Board. It is
essential for the authority and independence of the institution that this decision-making
process leaves the final say with the Head Ombudsman.
A comprehensive civil service reform aiming to improve public human resources
management and ensuring merit-based advancement is still needed. A decree law of 2011
allows temporary and contract staff to be granted civil service status at a similar rank. It
carries the risk of circumventing recruitment procedures, politicising the civil service and
weakening the merit system. The increased ministerial powers introduced in August 2011
over the independent regulatory authorities remained, and in at least one instance — in
relation to the Energy Directive — run counter to EU legislation.
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Administrative simplification and work on providing basic public services online (e-
government) continued. A large number of regulations on administrative simplification were
adopted in April 2012. However, no progress was made with developing regulatory impact
assessments with a view to increasing the quality of legislation. In particular, no regulatory
impact assessment was conducted prior to the adoption of certain key legislation, including
the education reform of March 2012. There was an increasing tendency to draft and adopt
legislation without appropriate consultation of civil society and other stakeholders.
Almost all implementing legislation relating to the revised Turkish Court of Accounts (TCA)
Law was adopted. This strengthened external audit. However, further efforts are needed to
implement the TCA Law. In particular, parliament needs to ensure follow-up of TCA audit
reports. The July 2012 amendments to the law on the TCA seriously curtailed the powers of
the TCA and jeopardize the independence and effectiveness of the TCA audit and control.
Implementation of the Law on Public Financial Management and Control continued, with the
introduction of strategic planning and performance budgeting. All line ministries and major
public agencies prepared performance programmes and accountability reports. However, such
planning activities need to be better coordinated with the budget. Additional efforts are
required to strengthen the capacity of strategy development units and to implement strategy
documents. The internal audit system is not effective and continued to suffer from confusion
between the objectives, roles and responsibilities of internal audit and inspectorate functions.
Additional internal audit staff needs to be recruited.
Overall,
progress has been made in legislative reforms with regard to public administration.
The establishment of an Ombudsman’s office is an important step in safeguarding the rights
of citizens and ensuring that public administration is accountable. External audit and public
financial management and control have been strengthened, but recent amendments to the TCA
law raise serious concerns regarding the independence and effectiveness of the TCA audit and
control. Administrative simplification continued. However, comprehensive civil service
reform will require greater political support.
Civilian oversight of security forces
There was further consolidation of civilian oversight of the security forces, and the General
Staff generally abstained from exerting direct or indirect pressure on political issues. In
January 2012, the national security course given by military officers was removed from the
secondary school curriculum. Nonetheless, in January the Chief of General Staff criticised the
use of the Kurdish language in public education.
Implementation of the law providing legal remedies to earlier dismissals from the Armed
Forces continued.
Ending a lengthy trial process marred by disputes over jurisdiction, the Third High Criminal
Court in Van sentenced two non-commissioned officers and a PKK informant to 40 years in
prison in the ‘Şemdinli case’ relating to the bombing in 2005 of a bookstore allegedly owned
by a former PKK member.
The Counter-Terrorism Coordination Board established under the Undersecretariat of Public
Order and Security was convened twice. An Intelligence Assessment Centre was set up in
March 2012 to strengthen intelligence sharing and cooperation between civilian and military
security institutions.
Progress was made regarding external audits of security institutions under the Turkish Court
of Accounts Law, which provides for ex post auditing of military expenditure. A regulation
adopted in August made publication of the TCA external audit reports related to security,
defence and intelligence institutions subject to parliamentary approval. The regulation also
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introduces limitations for the publication of these reports on grounds of confidentiality. The
Parliamentary Petition Commission requested a special commission of experts to inspect and
audit the Turkish Armed Forces Assistance Centre. The General Staff periodically published
figures on staffing in the armed forces.
In the ‘Sledgehammer’ trial, 323 retired and active duty military personnel, including three
former army commanders, were found guilty by a first instance court of attempting to remove
or prevent the functioning of the government through force and violence. Judicial
investigations into the 1980 coup and the 28 February ‘Postmodern Coup’ of 1997 were
initiated. Eight political parties, including the AKP, CHP and MHP, as well as the Council of
Ministers, many non-governmental organisations and nearly 340 individuals requested to
become co-plaintiffs in the 1980 coup case.
However, the transparency and accountability of the security sector remained limited. The
defence budget was disclosed to the public in a highly aggregated manner with significant off-
budget military expenditure not detailed.
In August 2012, the Supreme Military Council decided that 40 officers currently under arrest
as part of on-going investigations should retire.
The 2012 amendments to the Law on the National Intelligence Organisation introduced a
requirement that the Prime Minister authorise investigations involving members of the
intelligence services and public officials to whom the Prime Minister has assigned ‘special
tasks’. This provides arbitrary immunity for certain public officials, is open to inconsistent
interpretation and excludes legal review.
The Law on Provincial Administrations, used as the legal basis for military operations, was
not amended to give civilian authorities broader oversight of military operations. Civilian
oversight of the Gendarmerie’s law enforcement activities, in particular, was insufficient. An
Independent Law Enforcement Complaints Agency has yet to be set up to investigate
complaints of human rights abuses, ill-treatment and wrongdoing by and in Turkish law-
enforcement agencies.
The duality between the civilian and military court systems continued. Military judges and
prosecutors’ independence was limited by the continued authority of military commanders
over them. The legal provisions on the composition and powers of the Supreme Military
Council need to be reformed, particularly the legal basis for promotions, to ensure appropriate
civilian control. The Chief of the General Staff continued to report to the Prime Minister
rather than the Minister of Defence. No change was made to the Internal Service Law for the
Turkish armed forces, which defines the duties of the military and contains an article leaving
the military significant potential scope for intervention in politics.
Overall,
there was further consolidation of civilian oversight of the security forces. The
introduction of parliamentary oversight of the defence budget was positive, although this, too,
is limited in practice. The General Staff generally refrained from exerting direct or indirect
pressure on political issues. Several symbolic steps have been taken towards further
democratisation of civil-military relations. Further reforms, particularly of the military justice
system and civilian oversight of the Gendarmerie, are needed.
Judicial system (See also Chapter 23 – Judiciary and fundamental rights)
There was some progress in the area of the judiciary.
As regards the
independence
of the judiciary, the High Council of Judges and Prosecutors
established its Strategic Plan 2012-2016. It also continued to fully carry out its functions,
publishing 34 circulars related to the work of judges and prosecutors, and organised in-service
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training and meetings with stakeholders, encouraging their participation in discussions and
workshops on the judiciary as a whole.
However, criticisms of the legislation on the High Council, including of the role given to the
Minister of Justice and to the Under-secretary of the Ministry, have not been addressed. There
was also concern that decisions to suspend prosecutors in the Deniz Feneri case reflected
pressure from the executive.
Yargi Sen, a trade union of judges and prosecutors was closed in a case launched by the
Governorate of Ankara, on the grounds that the union contravened domestic legislation.
European standards provide that judges should be free to form and join professional
organisations whose objectives are to safeguard their independence, protect their interests and
promote the rule of law.
With regard to
impartiality,
the individual application procedure introduced by the 2010
constitutional amendments and the Law on the Constitutional Court of 2011 entered into force
in September 2012. Anyone who claims that his or her fundamental rights have been violated
can apply to the Constitutional Court if other domestic remedies have been exhausted.
The Ministry of Justice is drafting, in cooperation with the Council of Europe, a Human
Rights Action Plan, based on the case law of the European Court of Human Rights and
expected to address issues raised in judgements of the Court where Turkey was found to
violate provisions of the European Convention on Human Rights. The Ministry and the High
Council have also conducted, and plan to continue to deliver, human rights training for judges
and prosecutors.
However, criticisms of existing legislation on the Constitutional Court have not been
addressed. There are still legal provisions and practical arrangements for courthouses and
during trials regarding judges, prosecutors and the defence which do not guarantee ‘equality
of arms’. In December, members of the Court of Cassation decided to bring a lawsuit against
the leader of the main opposition party for his critical remarks about the newly elected
members of the court being under the control of the executive. In April, the president of the
Constitutional Court stated that the establishment of a new ‘pro-tutelary’ judiciary should not
be allowed.
Judges and prosecutors have failed to apply international human rights agreements when they
conflict with domestic law, even though the Constitution clearly states that such agreements
have precedence. This failure was criticised by the Presidents of the High Courts. In response,
the High Council established new criteria for assessing judges and prosecutors which will
reward respect for the provisions of the European Convention on Human Rights and the
European Court of Human Rights judgments.
The Regulation on the Judicial Police adopted in 2005 under Article 167 of the Criminal
Procedure Code has not yet been implemented in accordance with European standards and
there are no judicial police units attached to prosecution offices. Prosecutors rely on police
units working for the Ministry of the Interior and have to develop their capacity to guide
police investigations effectively and keep strict control of police activity.
Access to Court of Cassation decisions is limited, which hinders understanding and awareness
of case law. Spokespersons have been appointed at fifteen prosecution offices and courts;
however, the system is in its infancy and has yet to reach the point of providing adequate
information to the public.
With regard to the
efficiency
of the judiciary, amendments to the Laws on the Court of
Cassation and the Council of State aiming at tackling their backlog of cases started to generate
positive results, although the backlog is still considerable. The number of cases before the
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Court of Cassation was roughly 0.88 million in July 2012, down from 1.12 million in July
2011. As regards the Council of State, the number of pending cases in June 2011 and June
2012 was approximately the same; however, the number of finalised cases increased
considerably during the same period. As regards first-instance courts, there were
approximately 1.34 million criminal cases pending at the end of 2011, down from 1.40
million at the end of 2010. Similarly, there were 1.11 million civil cases pending at the end of
2011, roughly the same as at the end of 2010, while administrative courts had roughly
170,000 cases pending at the end of 2011, a decrease of 30,000 as compared to those at the
end of 2010.
A third judicial reform package was adopted in July 2012. It includes amendments to a
number of laws and aims amongst others at accelerating judicial procedures. A Law on
Mediation, which should ease the burden on the judiciary, entered into force in June 2012.
The 2012 budget for the judiciary amounted to approximately € 2.69 billion, roughly 0.44%
of Turkey’s GDP. The total number of judges and prosecutors at the end of 2011 was 9,456
5
.
Women constitute approximately 24% of the judiciary and are underrepresented in
prosecutorial and managerial positions. The number of judges and prosecutors increased to
8.30 per 100,000 people, up from 7.66 in 1997. Judges seconded to the Ministry of Justice
have been appointed to the Council of Europe, the European Court of Human Rights and
Turkey’s permanent representations in Strasbourg and Brussels to represent the Turkish
authorities to these institutions.
However, the Ministry and the High Council have yet to develop benchmarks to monitor and
assess the performance of the courts, the length of court proceedings and the efficiency and
effectiveness of the judicial system.
The third judicial reform package relates also to the Turkish criminal justice system. The
specially authorised courts established under (former) Articles 250 – 252 of the Criminal
Procedure Code were abolished; instead, regional serious crimes courts were set up under
Article 10 of the Anti-Terror Law that will hear the same criminal cases. These courts have
specialised judges whose only task is to decide on preventive measures during the
investigation phase.
Under the new legislation it will no longer be possible for courts to ban publications; put time
limits on defendants and prosecutors in the context of judicial processes; expel the accused or
the defence from any future or all hearings on the grounds of behaviour deemed to disturb
court order and discipline; limit to one the number of defence lawyers while the suspect’s
statement is being taken or during custody; issue notifications through mass media depending
on the urgency of the case. The upper three-year limit for judicial control was lifted: under
former practice, only those accused for crimes carrying a maximum prison sentence of less
than three years could be put under judicial control rather than prison before or during trial.
New forms of judicial control were introduced.
Article 101 of the Criminal Procedure Code now clearly provides that (a) a strong suspicion
that the offence has been committed; (b) the existence of grounds for arrest
6
; and (c) the
proportionality of the arrest with a warrant must all be explicitly documented and explained to
the accused. This clarifies the general obligation of judges to reason their opinion. It is not
clear, however, whether these provisions apply also to the high-profile cases such as
Ergenekon, Sledgehammer, Cage, Oda TV
etc., the bulk of which fall under Article 100 of the
Criminal Procedure Code. Finally, investigations, criminal proceedings and execution of
5
6
10,318 together with those in the administrative judiciary
.
I.e. to avoid that the person concerned absconds, commits a serious offence, interferes with the course of justice, or
poses a serious threat to public order.
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sentences for offences committed before 31 December 2011 are postponed. This provision
applies to offences carrying a maximum prison sentence of five years and relates to opinions
expressed publicly provided the crime is not repeated in three years. Overall, these are all
steps in the right direction of guaranteeing procedural rights.
The crimes falling under the scope of the abolished legislation (former Article 250 of the
Criminal Procedure Code), were broadly investigated and tried without prior permission,
irrespective of the status of the accused as government official, ensuring thus equality before
the law. Under the revised Article 10 of the Anti-terror Law, however, prior approval of the
authorities for government officials is now needed including for crimes committed in the
framework of an organisation to gain illegal economic advantage; launder money; or produce
or traffic drugs.
A number of provisions have remained the same in the third judicial reform package. This
includes the permitted length of pre-trial detention, which remains ten years, an excessively
long period in particular if pre-trial detention covers only the period up to the first instance
decision. There is conflicting interpretation of the Turkish Court of Cassation on this issue,
i.e. whether the pre-trial detention covers the period up to the first instance decision or the
final one, which needs to be addressed.
Finally, and more importantly, the third package fails to sufficiently revise problematic areas
related to the administration of justice and protection of fundamental rights; it does not
address issues related to definitions of criminal offences under either the Criminal Code or the
Anti-terror Law that are at the source of a number of problems of the Turkish criminal justice
system.
In practice, concerns have been expressed as regards the criminal justice system. Some of
these concerns focused on the defence’s limited access to the prosecution file, which did not
allow allegations against the accused to be challenged effectively. Other concerns related to
decisions to arrest or continue to detain suspects on grounds which were almost always
considered to be inadequate because they only repeated the wording of the Criminal
Procedure Code. Pre-trial detention was also longer than was strictly necessary in the public
interest. Alternatives to pre-trial detention were not considered. Turkey lacks an effective and
genuinely adversarial domestic remedy that could offer applicants the opportunity to
challenge the lawfulness of their pre-trial detention with reasonable prospects of success. On
many occasions there has been criticism of the quality of the indictments and of the
indictment process. Leaks of information, evidence and statements continued to raise
concerns. In some cases there were reports that cross-examination in criminal trials was not
carried out properly. Judges and prosecutors have been given no training in cross-
examination. The practical impact of the third judicial reform package, including on pre-trial
detention, needs to be further assessed.
The regional courts of appeal which, by law, should have been in operation by June 2007
have not been established yet.
Revision of the Justice Ministry’s 2009 Judicial Reform Strategy, whose objectives were
achieved to a large extent, continues, with the participation of all stakeholders, the Turkish
legal community and civil society.
Overall,
some progress has been made in the area of the judiciary. Legislation has been
amended to improve the efficiency of the judiciary and address the increasing backlog of the
courts. The third judicial reform package, adopted in July, while failing to sufficiently address
problematic areas in the administration of the Turkish criminal justice system, constitutes a
step in the right direction. The 2009 Judicial Reform Strategy is being revised. However,
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further efforts are needed with regard to the independence, impartiality and efficiency of the
judiciary, including the criminal justice system and the large backlog of serious criminal
cases. The participation rate of women in the judiciary needs to be improved.
Anti-corruption policy (See also Chapter 23 – Judiciary and fundamental rights)
In line with the National Anti-Corruption Strategy, the Executive Committee for Increasing
Transparency and Fighting Corruption continued to work on proposals to revise anti-
corruption rules. This contributed to changes in the area of incrimination and the financing of
presidential candidates. However, further legislative changes are needed to complete the
technical work of the Executive Committee. The role of civil society also needs to be
strengthened.
The third judicial reform package, adopted in June 2012, includes amendments to provisions
on corruption in the Criminal Code, redefining and extending the scope of bribery as an
offence, in line with certain recommendations of the Group of States against Corruption
(GRECO) on ‘Incrimination’. However, other recommendations of the Third Round
Evaluation Report on ‘Incrimination’ and ‘Transparency of Party Funding’ have been
implemented only partially or not at all. There has been no progress in limiting the immunity
of Members of Parliament (MPs) and senior public officials in corruption-related cases, nor in
establishing objective criteria for lifting their immunity.
There has been some progress on political financing. The 2011 amendment to the law on the
Constitutional Court, which authorised the Court of Accounts to audit technical aspects of
political parties’ finances and to send its audit reports to the Constitutional Court for final
decision, reinforced auditing capacity with regard to political party financing. The two biggest
parties represented in Parliament published their finances, declaring their income and
expenditure in detail.
The Law on Presidential Elections adopted in January 2012 introduced strict rules on
transparency of financing for presidential candidates during elections. It also covers
prohibited funding sources, donation ceilings, and candidates’ obligations to disclose their
assets and to submit specified financial information during the campaign period to the
Supreme Election Board for examination within specified timeframes.
However, remaining legal loopholes relating to political financing continued to be a concern.
The auditing of political parties remained weak and there was no legal framework for auditing
election campaigns or the financing of individual candidates. There was no legislation on
campaign financing other than for political parties. Political party candidates, independent
candidates for election and elected representatives were not subject to the regulations on
financial transparency that apply to political parties. There were not enough checks on assets
declared by political figures and public officials.
3707 civil servants working for central and local government received training on ethics
between October 2011 and May 2012. However, no progress was made on extending codes of
ethics to academics, military personnel or the judiciary.
A track record of investigation, indictment and conviction in corruption cases has not yet been
established.
In April 2012, the Ankara Serious Crimes Court accepted an indictment against 20 suspects in
a fraud case concerning the Deniz Feneri charity on charges of forgery, abuse of authority and
the participation of a public servant in forgery. There was no charge of major organised
criminal activity. The prosecutors removed from the investigation in August 2011 were put on
trial, accused of forgery of official documents and misuse of authority. This raised concerns
about judicial independence.
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A corruption investigation involving 130 officials of the
İzmir
Metropolitan Municipality was
started. In January 2012, the
İzmir
Specially Authorised Chief Public Prosecutor demanded a
sentence of 397 years in prison for
İzmir’s
mayor on 33 charges, including rigging state
tenders, abuse of office, bribery, forgery, and embezzlement. The indictment also accused the
mayor of forming and leading a criminal organisation, covering up crimes and protecting
criminals. Several other corruption cases against municipalities are ongoing.
Overall,
limited progress was made on fighting corruption, with some developments on
incrimination and transparency in the financing of political parties. Effective implementation
of the National Anti-Corruption Strategy requires greater political engagement and broader
civil society participation. Political financing needs to be more transparent. The broad scope
of parliamentary immunity remains a shortcoming in this area. A track record of investigation,
indictment and conviction in corruption cases has not yet been established. There are concerns
about impartiality in the processing of anti-corruption cases.
2.2.
Human rights and the protection of minorities
(See also Chapter 23 – Judiciary
and fundamental rights)
Observance of international human rights law
With regard to
international human rights instruments
Turkey ratified the Council of
Europe’s Convention on preventing and combating violence against women and domestic
violence on 14 March 2012. Three additional Protocols to the European Convention on
Human Rights have not yet been ratified
7
.
During the reporting period, the
European Court of Human Rights
(ECtHR) delivered
judgments on 160 applications finding that Turkey had violated rights guaranteed by the
ECHR. The number of new applications to the ECtHR went up for the sixth consecutive year,
with 8.010 new applications having been made since September 2011. Most concern the right
to a fair trial and protection of property rights. In September 2012, 16.641 applications
regarding Turkey were pending. Turkey has abided by the majority of rulings, but has not
executed all the judgments. Based on the
Kaplan v. Turkey
ruling, a draft law setting up a
commission on long trials has been submitted to the parliament. The draft law aims to provide
a domestic remedy for cases in which the right to be tried within a reasonable time is
breached. In some cases, rulings have been awaiting follow-up by Turkey for several years.
The EU has called on Turkey to enhance its efforts to implement all the judgements of the
ECtHR.
In the
Cyprus v. Turkey
case, the issues of missing persons and restrictions on the property
rights of Greek Cypriots displaced or living permanently in the northern part of Cyprus
remain pending. In a number of other cases, including
Xenides-Arestis v. Turkey, Demades v.
Turkey,
and
Varnava and others v. Turkey,
Turkey has yet to fully execute the decision,
including paying the ‘just satisfaction’ awarded by the ECtHR to the applicants. Following
the Grand Chamber Decision of 5 March 2010 in the
Demopoulos v. Turkey
case, 3275
applications from Greek Cypriot owners have been lodged with the Immovable Property
Commission (IPC), 1776 of them during the reporting period. So far, around 270 cases have
been concluded, mainly with friendly settlements and the IPC paid GBP 81,292,225 in
compensation (€ 101,706,400).
Regarding
promotion and enforcement of human rights,
the training of public officials,
judges, public prosecutors and police officers continued. The Department of Human Rights in
the Ministry of Justice launched a website that provides translations of relevant judgments of
the ECtHR.
7
Protocols 4, 7 and 12.
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In line with its amended mandate the parliament’s Human Rights Inquiry Committee can now
take the lead on certain draft laws, proposals and bylaws submitted to the parliament, such as
the law on the National Human Rights Institution. Following this amendment to its mandate,
23 legislative proposals were referred to the Committee.
The Committee received nearly 4000 petitions in the reporting period, most of which
concerned allegations of unfair trial or ill-treatment. It adopted ten reports.
Legislation on an Ombudsman Institution has been adopted (See
Public administration).
Independent monitoring bodies have not yet been set up in line with the Optional Protocol to
the Convention Against Torture. Legislation establishing an anti-discrimination and equality
board has not been adopted.
Parliament adopted a law setting up the Turkish National Human Rights Institution in June.
The law does not fully comply with the UN Paris principles, in particular as regards the
independence of the proposed body. Moreover, the text was not discussed with stakeholders,
nor does it sufficiently reflect the concerns and proposals of national and international
experts.
The number of high-profile cases, individual criminal proceedings and investigations
launched against
human rights defenders
went up, mostly under terrorism-related legislation.
Serious concerns remain as regards the broad definition of terrorism under the Anti-Terror
Law. (See
Situation in the east and south-east and Freedom of expression)
Overall,
some progress was made on the observance of international human rights law,
notably through the efforts of the Ministry of Justice and the parliamentary Human Rights
Inquiry Committee. However, important reforms are needed to strengthen human rights
structures and the number of criminal proceedings brought against human rights defenders is a
matter of concern.
Civil and political rights
The government pursued its efforts to ensure compliance with legal safeguards for the
prevention of torture and ill-treatment.
The downward trend in the incidence and severity
of ill-treatment by law enforcement officials continued. Forensic doctors’ reports or reports by
universities or independent institutions are now recognised as proof by some courts, in
addition to the reports of the Forensic Medicine Council under the Ministry of Justice.
However, excessive use of force during arrest and outside official detention places, as well as
in official places of detention and prisons, continues to be a matter of concern. There have
been several reports of disproportionate use of force by law enforcement bodies, including
fatal shootings.
Turkey has ratified the Optional Protocol to the Convention Against Torture, but has not
established a National Preventive Mechanism (NPM) in line with the requirements of the
Optional Protocol.
Treatment of migrant detainees in detention centres needs to be further improved.
Regarding the
fight against impunity,
the Council of State confirmed a court order to the
Ministry of the Interior to pay reparations to 16 youths detained in Manisa Province on 26
December 1995 and tortured in the Manisa Security Directorate.
In general, efforts to fight impunity for human rights violations have been insufficient.
Prompt, thorough, independent and effective investigation of allegations of torture committed
by security and law enforcement officers is often lacking. Moreover, there is no exception
from the statute of limitations for torture cases.
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Several trials are ongoing concerning allegations of ill-treatment of conscientious objectors in
military prisons. The parliamentary Human Rights Inquiry Committee criticised practices in
military prisons and stated that the punishment of soldiers should be decided by an
independent judicial authority and not by a senior military officer. An ECtHR judgement on
this issue remains to be executed.
Law enforcement bodies regularly launched counter-cases against people who alleged torture
or ill-treatment. In many instances such cases were given priority by the courts. The absence
of prompt, thorough, independent and effective investigations by courts leads to extended
trials. Law enforcement officers found guilty of torture, ill-treatment or fatal shootings
continued to receive short or suspended sentences.
Politicians from all parties criticized the appointment of a police chief, who had faced charges
of torture and rape in the past, to a key position in the anti-terror department in Istanbul. The
public debate on this was extensive.
The lack of a judicial police force leads to administrative investigations into allegations of
torture or ill-treatment being carried out by fellow police officers, putting at risk the
impartiality of the investigation.
There is no comprehensive approach to missing persons, the exhumation of mass graves or
thorough and independent investigations into alleged cases of extrajudicial killings by security
and law enforcement officers. Mass graves discovered in the south-east have not been
adequately investigated.
Overall,
there has been a downward trend in torture and ill-treatment in places of detention;
however, allegations of excessive use of force continue to be a matter of concern, and there
has been little progress on tackling impunity. There is a significant backlog of judicial
proceedings, with priority given in several well-documented cases to counter-allegations
lodged by the security forces.
Reform of the
prison system
continued. The case management model developed by the
Ministry of Justice to improve rehabilitation services is in operation in five rehabilitation
centres for convicts and detainees. The Ministry of Justice started an investigation into
allegations of ill-treatment in the Adana Pozantı juveniles’ prison. Implementation of the
tripartite protocol between the Ministries of Health, Justice and the Interior began in
November 2011, to prevent law enforcement officers being present at medical examinations
of prisoners. Its implementation needs to be monitored closely to ensure that it is in line with
European standards.
The number of judgments including probation sentences increased, and an amendment of the
Law on Conditional Release resulted in a significant number of prisoners being released.
Prison overcrowding remained a serious concern, with 41% of the prison population awaiting
final sentencing. The prison system does not have adequate resources. Ill-treatment
allegations continue to cause concern, including the tape-recording of prisoners, excessive use
of solitary confinement, and excessive strip searches of inmates and visitors.
The number and quality of juvenile correctional facilities remains insufficient. Following the
allegations of ill-treatment in Adana Pozantı juveniles’ prison, minors were transferred to a
facility in Ankara far from their families. Children, especially girls, are not held separately
from adults in all prisons.
The standards for monitoring national prisons are not in line with those of the UN. Prison
monitoring boards are not effective and various prisons have no dedicated boards. The boards
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have neither the right nor the resources to monitor prisons effectively. Some provincial boards
carried out random visits, but their reports have not led to changes in practice.
A general statement of principles on prisoners’ rights, incorporating the principles of the
European Convention of Human Rights, is lacking. Excessive restrictions continued regarding
the availability of newspapers, magazines and books in prisons. The practice adopted in
relation to open and closed visits is of concern. Reports of restrictions on the use of the
Kurdish language during visits and exchanges of letters persist. Practice varies between prison
administrations. A complete overhaul of the complaints system in prisons to make it
genuinely available to all prisoners should be carried out, in accordance with the Optional
Protocol to the Convention Against Torture.
Many sick and terminally ill convicts lack proper medical treatment. Complaints that
conditions in F-type high-security prisons cause physiological and psychological damage
have been reported.
Overall,
prison overcrowding remains problematic, with a serious impact on sanitation and
other physical conditions. A reform of the complaints system in prisons is needed.
There has been limited improvement in
access to justice.
A Ministry of Justice webpage
provides information on legal matters and brochures provide information on the procedures to
follow. Bar associations and other civil society organisations also contributed to citizens’
awareness of their rights in terms of access to justice.
However, there is no overall strategy for legal aid. The financial resources allocated are not
sufficient and the low fees for legal aid lawyers are not comparable with fees paid by
defendants in ordinary cases. This can lead to a decrease in the quality of the services
provided. Due to the low fees and the lack of effective monitoring, lawyers appointed by the
bar associations do not always provide an effective defence for the accused. The current
system gives rise to concerns and needs to be revised.
Public awareness of legal aid is limited in rural areas and among disadvantaged groups. Legal
aid is not accessible for a large proportion of prison inmates, women and juveniles. Lack of
effective protection still prevents victims of domestic violence from obtaining justice.
Misguidedly, defendants continue to believe that requesting a lawyer implies guilt.
Overall,
limited progress has been made on access to justice. The scope and quality of legal
aid is inadequate. There is no effective monitoring mechanism that would remedy long-
standing problems.
As regards
freedom of expression,
a number of journalists were released pending trial after
excessively long periods spent in pre-trial detention. The third judicial reform package
prohibits the seizure of written work before publication. It also eases restrictions on media
reporting of criminal investigations. There continues to be room for debating some topics
perceived as sensitive, such as the Armenian issue or the role of the military, and opposition
views are regularly expressed.
However, these reforms fall short of a significant improvement regarding freedom of
expression. The increasing incidence of violations of freedom of expression raise serious
concerns, and freedom of the media continued to be further restricted in practice. The
increasing tendency to imprison journalists, media workers and distributers fuelled these
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concerns.
8
The European Court of Human Rights received a large number of applications
concerning violations of freedom of expression by Turkey.
A large number of cases were brought against writers, academics and journalists writing and
working on the Kurdish issue, but also scholars and researchers. Several left-wing and
Kurdish journalists were arrested on charges of engaging in propaganda for terrorism, others
remained in prison. (See
Situation in the east and south-east)
More than 2.800 students are in
detention, mostly for terrorism related charges. The legal framework on organised crime and
terrorism is still imprecise and contains definitions which are open to abuse, leading to
numerous indictments and convictions. Moreover, its interpretation by prosecutors and courts
is uneven and is not in line with the European Convention on Human Rights or the case-law
of the European Court of Human Rights. Turkey needs to amend its penal code and anti-terror
legislation to make a clear distinction between the incitement to violence and the expression
of nonviolent ideas.
The application of Articles 6 and 7 of the Anti-Terror Law in combination with Articles 220
and 314 of the Turkish Criminal Code leads to abuses; in short, writing an article or making a
speech can still lead to a court case and a long prison sentence for membership or leadership
of a terrorist organisation.
High-level government and state officials and the military repeatedly turn publicly against the
press and launch court cases. On a number of occasions journalists have been fired after
signing articles openly critical of the government.
All of this, combined with a high concentration of the media in industrial conglomerates with
interests going far beyond the free circulation of information and ideas, has a chilling effect
and limits freedom of expression in practice, while making self-censorship a common
phenomenon in the Turkish media.
Though very few cases have been initiated on the basis of Article 301 of the Turkish Criminal
Code, implementation of two ECtHR judgments on Article 301 are pending.
Website bans of disproportionate scope and duration continued. Since May 2009 the
Telecommunications Communication Presidency (TİB) has published no statistics on banned
sites. Court cases are ongoing against the You Tube video-sharing website and other web
portals. The Law on the Internet, which limits freedom of expression and restricts citizens’
right to access to information, needs to be revised. An Information Technologies and
Communication Board (ICTA) decision introducing optional internet filters entered into force.
It is essential that it is implemented in line with European standards with regard to the right to
receive and impart information and ideas without interference by public authorities.
The Supreme Board of Radio and Television (RTÜK) issued warnings to television stations
and imposed fines on them, in particular for representing superstitious beliefs, denigrating
morals and national values and the protection of the family, representing obscenity and
praising terrorism.
Overall,
the increase in violations of freedom of expression raises serious concerns, and
freedom of the media was further restricted in practice. The legal framework, especially as
regards organised crime and terrorism, and its interpretation by the courts, leads to abuses.
Together with pressure on the press by state officials and the firing of critical journalists, this
situation has led to widespread self-censorship. Frequent website bans are a cause for serious
concern and there is a need to revise the law on the internet.
8
According to the OSCE there were 95 journalists in prison in April 2012, compared to 57 in April 2011.
20 of the journalists on the 2012 list have been released since, 10 of them as a consequence of the entry
into force of the 3
rd
judicial reform package.
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As regards
freedom of assembly,
1 May demonstrations took place in a peaceful atmosphere
throughout the country. Several activities including the ‘Armenian Genocide Commemoration
Day’ organised by several civil society groups and intellectuals to commemorate the 1915
events also proceeded peacefully.
However, in general there was a shortfall in the implementation of the constitutional right to
hold demonstrations and meetings. Excessive administrative restrictions on freedom of
assembly persist, such as substantial prior notification requirements for demonstrations, and
sometimes the confinement of demonstrations to designated sites and dates that are
unsuitable. The
Newroz
(New Year) ceremonies in the South East were restricted to only one
day. On several occasions there were scenes of violence, disruption of demonstrations and
disproportionate use of force by security forces against demonstrators — especially in rallies
related to the Kurdish issue, students’ rights, the environment, activities of the Higher
Education Board (YÖK) and trade union rights. Two students were sentenced to eight years in
prison for displaying a banner protesting against tuition fees during a rally attended by the
Prime Minister.
In some provinces, press statements by non-governmental organisations and human rights
defenders were subject to fines for violating Law No 2911 on demonstrations. Others were
fined repeatedly for disobeying orders under the Law on Misdemeanours.
Allegations that members of the security forces have used excessive force have not always
been prosecuted or investigated thoroughly.
(See section on impunity)
Many court cases were
launched against human rights defenders and civil society representatives who exercised their
right to peaceful assembly. Human rights defenders also faced prosecution and legal
proceedings on charges of terrorist propaganda during demonstrations and protest meetings
and following their attendance at press conferences.
Freedom of association
legislation is broadly in line with EU standards. However, the need
to change the legal framework with regard to political parties and trade unions was not met.
There were examples of restrictive interpretation of legislation vis-à-vis associations and
harassment of their leaders
9
. Freedom of association for trade unions is compromised in
practice by police raids, as happened in June with the arrests of more than 70 trade union
activists, including the President of KESK, a civil service confederation.
Civil society organisations (CSOs) continued to face fines, closure proceedings, and
administrative obstacles to their operation. A decree adopted in November 2011 giving
additional authority to the Ministry of Health and creating a Board of Health Professions was
criticised by the Turkish Medical Association and the World Medical Association for
reducing professional autonomy. Two foreign civil society organisations were refused the
right to establish in Turkey.
The trade union for civilian staff working for the military, SIME-SEN, is facing a court action
to close it down, as civil servants employed in the Ministry of Defence and Turkish Armed
Forces are not allowed to create or join trade unions.
Legislative and bureaucratic obstacles impeding the financial sustainability of CSOs persisted.
The collection of domestic and international funds was difficult and bureaucratic procedures
9
The Diyarbakir Sarmaşik Association, the Orhan Dogan Support Houses for Education, the Dersim
Alevi Faith and Culture Academy Association, and the cases of the executive members of the Socialist
Democracy Party and the Social Freedom Platform, the Istanbul branch of the Human Rights
Association, the Research and Development Association for Kurdish Language (Kurdi Der)
İzmir
Branch, the Board of Health Professions and the Turkish Medical Association are alleged examples of
the government interfering disproportionately with freedom of association.
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cumbersome. There are numerous complaints of discrimination when applying for public
benefit status for associations and in getting permission to raise funds.
Overall,
regarding freedom of assembly and association, the picture was mixed. Where
demonstrations were not authorised there were cases of violence and disproportionate use of
force by the security forces, especially but not only in relation to the Kurdish issue. The
constitutional right to freedom of assembly and association appears to be interpreted at times
in an overly restrictive manner. There is a need to revise the law on demonstrations and
meetings, to investigate allegations against members of the security forces for use of
excessive force and to prosecute where appropriate. Fundraising rules remains restrictive and
discretionary. There were no developments regarding legislation on political parties.
Concerning
freedom of thought, conscience and religion,
freedom of worship continues to
be generally respected. Ecumenical Patriarch Bartholomew celebrated in August, for the third
time after almost nine decades, the Divine Liturgy of the Dormition of Theotokos at the
Sumela Monastery in the Black Sea province of Trabzon. In September the third religious
service since 1915 was held at the Armenian Holy Cross Church on the Akhdamar island in
lake Van. A number of crypto-Armenians have started to use their original names and
religion. Police protection has been provided to a number of church leaders and several
churches receive police protection during services. According to the Turkish authorities the
Ecumenical Patriarch is free to use the title ‘Ecumenical’. However, the Patriarchate has
received no indication from the authorities to this effect and still uses the title ‘Fener Rum
Patrikhanesi’ in its letterhead in Turkish.
As regards conscientious objection, some progress was made on addressing repeated
prosecution and conviction, and towards introducing a civilian alternative to military service
under certain circumstances. Military courts started to issue rulings in line with judgments of
the European Court of Human Rights.
A court of first instance in Ankara rejected a request to ban an association which helped build
cem
houses, Alevi places of worship. However, this decision was reversed in June by the
Court of Cassation. The case has been brought to justice by the Ministry of the Interior. New
religious education textbooks containing information on the Alevi faith have been prepared by
the Ministry of National Education for the academic year 2012-2013.
Implementation of the August 2011 decree law and the October Regulation amending the
February 2008 Law on Foundations continued. (See
section on property rights).
However, the 2007
Zengin v. Turkey
ECtHR judgment on religious culture and ethics classes,
which remain compulsory in primary and secondary schools, has yet to be implemented.
Children who did not attend were subject, in several instances, to discrimination. No
alternatives were provided for students exempted from these classes.
Non-Muslim communities — as organised structures of religious groups — continued to face
problems due to their lack of legal personality, with adverse effects on property rights, access
to justice, the ability to obtain work, residence permits for foreign clergy and fundraising. The
relevant 2010 Council of Europe Venice Commission recommendations have yet to be
implemented.
Restrictions on the training of clergy remain. Neither the Turkish legislation nor the public
education system provide for private higher religious education for individual communities.
Despite announcements by the authorities, the Halki (Heybeliada) Greek Orthodox seminary
remained closed. The Armenian Patriarchate’s proposal to open a university department for
the Armenian language and clergy remained pending for a fifth year. The Syriac Orthodox
community can provide only informal training outside any officially established schools.
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As regards participation in religious elections, in contradiction with European standards
Turkish and foreign nationals are not treated equally in terms of their ability to exercise their
right to freedom of religion by participating in the life of organised religious communities.
Personal documents such as identity cards include information on religion, leading to some
discriminatory practices or harassment by local officials of persons who converted from Islam
to another religion and thereafter sought to amend their ID cards. The 2010 ECtHR ruling that
indication of religious affiliation on identity cards is in breach of the Convention has yet to be
implemented.
Concrete follow-up of the opening made in 2009 to the Alevis is lacking.
Cem
houses were
not officially recognised and Alevis experienced difficulties in establishing new places of
worship. Alevis were concerned by the marking of many houses of Alevi citizens in a number
of provinces and by incidents against them. Complaints were submitted to the prosecutors’
offices by Alevi associations; judicial and administrative investigations are continuing. A
demand to open a
cem
house in the parliament was rejected on the grounds that Alevi MPs
could go to the mosque. Several commemoration ceremonies by Alevis were prevented by
police, some through the use of force as was a demonstration against the closure of the
Madimak court case. Some Alevis encountered job discrimination in the civil service.
Non-Muslim religious communities reported frequent discrimination, administrative
uncertainty and numerous obstacles to establishing or continuing to use their places of
worship. Implementation of zoning legislation by local authorities was inconsistent, resulting
in arbitrary refusals to issue construction and renovation permits for places of worship. In
November, the DG for Foundations declared the Hagia Sophia Museum in Iznik a mosque.
Especially in south-eastern provinces, renewal of foreign clergy permits was denied, without
adequate explanation and in an inconsistent manner. Clear criteria for refusals to renew
residence and/or work permits need to be established.
Alevis and non-Muslim religious communities have to pay electricity and water bills, whereas
the State budget covers such expenses for mosques.
Non-Muslim religious communities reported several instances of hate crimes. Anti-Semitism
and hate speech in the media, including in TV series and films, has not been punished. There
is a culture of intolerance of minorities. The court case concerning the killing of three
Protestants in Malatya in April 2007 continued; allegations of links to the
Ergenekon
organisation are being reviewed by the court following arrests in 2011. No clear conclusion
has been reached yet regarding the killing of father Santoro, a Catholic priest, in Trabzon in
2006. As regards the killing of bishop Padovese in Iskenderun in 2010, the case is continuing.
Missionaries are widely perceived as a threat to the integrity of the country and to the Muslim
religion. A classified report by the MIT (National Intelligence Organisation) on missionary
activities in east and south-east Anatolia focusing on citizens of Kurdish origin, using
discriminatory language against Christian churches and missionaries, was revealed in the
media in November. A Diyanet five-year strategy plan also aims to follow and evaluate
missionary activities inside and outside the country.
Implementation of the May 2010 prime ministerial circular instructing all relevant authorities
to pay due attention to the problems of non-Muslim Turkish citizens was not always
consistent.
ECtHR judgments on Turkey regarding
conscientious objectors
refusing to serve in the
military on religious or other grounds have yet to be implemented. Turkey is the only country
of the Council of Europe that does not recognise the right to conscientious objection for
conscripts.
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Overall,
there was limited progress on freedom of thought, conscience and religion. There has
been some progress on conscientious objection in terms of application of the case law of the
European Court of Human Rights. Dialogue with the non-Muslim religious communities
continued. However, people professing faith in minority religions or indeed no faith continued
to be discriminated against, and were subject to threats from extremists. A legal framework in
line with the ECHR has yet to be established to ensure that all non-Muslim religious
communities and the Alevi community can function without undue constraints.
Economic and social rights (See also Chapter 19 – Social policy and employment)
Steps have been taken to improve legislation regarding respect for
women’s rights and
gender equality.
The Law on the Protection of Family and Prevention of Violence against
Women adopted in March aims to protect family members and those in relationships outside
marriage from violence. The procedures for urgent cases are generally positive, as was the
inclusive consultation exercise undertaken by the authorities with civil society. A National
Action Plan to combat Violence against Women (2012-2015) was adopted by the Ministry for
Family and Social Policies. The plan focuses on five areas: legislation, awareness raising and
change of attitudes, empowerment of women and preventive services, health care and
cooperation among stakeholders.
The Ministry of Family and Social Policies and the Gendarmerie signed a protocol providing
for Gendarmerie staff to be trained in the prevention of violence against women and gender
equality issues with a view to supporting victims of violence. The Capital Markets Board
issued a statement stipulating that at least one board member of publicly traded companies
should be female. The Ministry of Family and Social Policies signed a protocol with the
Ministry of Labour and Social Security aimed at increasing female employment and labour
participation rates, including those of women subject to violence.
The Parliamentary Committee on Equal Opportunities between Men and Women has issued
20 opinions on draft legislation since being set up.
However, there is still room for the Committee to be more involved in mainstreaming gender
equality via the legislative process, in monitoring the implementation of laws and circulars
issued on gender equality and in engaging with women’s organisations. Gender equality,
combating violence against women, including honour killings, and early and forced marriages
remain major challenges for Turkey.
Certain last-minute amendments to the Law on the Protection of Family and Prevention of
Violence against Women raised concern. Also, substantial efforts are needed to turn this new
law, and earlier legislation, into political, social and economic reality. A law on caesarean
sections was adopted with insufficient preparation and consultation with civil society, and in
particular without hearing the views of women’s organisations. In the debate that preceded
this law and a similar debate on abortion, government statements neglected the overall need
for increased respect for women’s rights in practical terms.
Women’s participation in the labour market remains low overall, although it has increased
slightly. Women are mostly employed as unpaid family workers with no social protection
apart from that afforded by other family members. Provision of childcare facilities for
working women remained an issue; work on a regulation on parental leave did not proceed.
Efforts to increase labour market flexibility do not take into account the need to avoid gender-
based labour market segmentation.
The number of women in politics and at senior level in the administration remained very
small. Women were underrepresented in the management of trade unions. Several female
trade union activists were detained and arrested prior to international women’s day.
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The government did not respond to demands by the women’s movement to revise the Law on
Political Parties and the Law on Elections so as to make the inclusion of women legally
binding on political parties.
Women’s negative portrayal in the media and a male-dominated discourse continued to be a
concern.
Detailed statistics on incidents of violence against women, including murder, are not
available. Certain court judgments in cases of violence against women raised concern: the
rulings attempted to justify violence inflicted on women and sometimes on juveniles with
reference to the victim’s family background and attitude.
In some cases, police officers tried to convince domestic violence victims to return to their
alleged abusers rather than help them pursue their complaints. There were a number of cases
in which the victim of violence sought help in vain from the authorities and ended up being
killed. Awareness-raising and training for members of the judiciary and law enforcement
officers on new legislation is needed. The capacity of family courts has not increased. As
regards domestic violence, the ECtHR judgment in the
Opuz v. Turkey
case was not
implemented. The issue of early and forced marriages remains a serious concern.
The government needs to proactively promote changes in stereotypes and in the perception of
gender roles in all spheres. The sustainability of actions, policies and circulars on women’s
rights and gender equality supported through national and international resources is critical.
Overall,
steps have been taken to improve legislation regarding respect for women’s rights
and gender equality. The Law on the Protection of Family and Prevention of Violence against
Women is an improvement on previous legislation, protecting family members and those in
relationships outside marriage from violence. The procedures for urgent cases are particularly
positive, as was the inclusive consultation exercise undertaken by the authorities with civil
society, even if NGOs are critical of certain last-minute amendments to the text. However,
substantial efforts are needed to turn this new law, and earlier legislation, into political, social
and economic reality. Legislation needs to be implemented consistently across the country.
There is a need for greater involvement of and participation by women in employment,
policy-making and politics. The issue of early and forced marriages remains a concern.
With respect to
children’s rights,
the ratio of children enrolled in pre-school education
reached 44% for the 4-5 years age group, up 1% on the previous reporting period. Efforts to
develop a national model for pre-school education services, with relevant quality standards,
continued. The number of pre-school teachers increased by around 15%.
Primary and secondary school enrolment rates increased for the 2011-2012 educational year.
The net school enrolment rate for the 6-13 years age group was 99.3%. Secondary school
enrolment rates reached 67.4%, with the difference between enrolment rates for girls and boys
falling to 2.5%. Mobile education services for girls were provided in several provinces,
although coverage was limited. Optional courses are offered to secondary education students
on living languages and dialects spoken in Turkey as of the academic year 2012-2013. The
tendency towards de-institutionalisation of care services for children continued, with the
introduction of a support scheme for family-based care.
The Ministry of Labour and Social Security has taken steps to combat child labour, especially
in seasonal migrant agricultural work and hazelnut collection. An evaluation of the impact of
such measures and an updated survey of the situation of child labour is needed.
However, regional disparities in school enrolment rates persisted, with low enrolment levels
in certain provinces in the east of the country. Drop-out and absenteeism rates continued to be
high among the children of seasonal agricultural migrant families and Roma families. An
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effective monitoring and inspection mechanism, covering all types of pre-school education
and care services, has yet to be established.
Efforts to fight violence against children do not include an effective mechanism for
monitoring and prevention. Awareness-raising efforts on the de-institutionalisation of care
services for children were limited. The conditions and administrative capacity of child care
institutions need to be improved.
There are little quantitative and qualitative data on child labour. Child labour in seasonal
agricultural migrant families persisted despite efforts to improve the situation. There is a need
to strengthen administrative capacity in this field and put in place an effective monitoring and
inspection system covering the whole of the country.
Despite the June 2010 amendments to the Anti-Terror Law and other criminal legal
provisions, juveniles were arrested in many instances on charges of membership of a terrorist
organisation, facing heavy penalties. This happened in particular when juveniles resisted law
enforcement officials or participated in demonstrations. Ill-treatment during questioning and
admission to prisons was reported.
At the end of the reporting period, the total number of serious crimes courts for juveniles was
19, of which nine were operational. The total number of juvenile courts was 86, of which 67
were operational, despite the requirement of the Child Protection Law that courts should be
established in all 81 provinces. In provinces where such courts do not exist, children were
tried in serious crimes courts for adults.
As of end-July, 1,830 children aged between 12 and 18 were in prison. Of these, 190 were
convicted whereas the rest were detained pending, or during trial. There were serious
allegations of ill-treatment and sexual assault in Pozanti juvenile prison in Adana, which led
to the move of all detainees to Ankara Sincan prison.
Overall,
efforts are needed in all areas, including education, combating child labour, health,
administrative capacity and coordination. In general, more preventive and rehabilitative
measures need to be taken for juveniles. Children are not held in appropriate conditions and
additional juvenile courts need to be created in line with current legislation.
Regarding the
socially vulnerable and/or persons with disabilities,
implementation of the
Strategy Paper on Accessibility and the National Action Plan remained limited. A national
monitoring mechanism in line with the UN Convention on the Rights of Disabled Persons and
the corresponding optional protocol is still not in place. The principle of positive
discrimination for the disabled is not properly reflected in concrete policy measures.
Home-based care services for the disabled and the elderly were expanded. A protocol was
signed to promote entrepreneurship for people with disabilities. Efforts to increase
employment in the public sector continued. However, the employability of people with
disabilities in both the public and private sectors needs to be further promoted together with
alternative employment methods and incentives for employers, and their access to finance
needs to be increased.
Official and reliable data and research on persons with disabilities and mentally ill persons is
lacking, which impedes informed policy-making. Difficulties in access to education, health,
social and public services continued. Physical barriers to access to public buildings and all
relevant facilities still exist. There is no comprehensive investment strategy to overcome this
problem. Deadlines for mandatory compliance for public institutions to provide accessible
services have been extended and postponed. Inclusive education practices need to increase in
coverage and quality, in line with legislation. Private special education and rehabilitation
centres have an important role in the current system, but there are deficiencies in the
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inspection, monitoring and evaluation system, raising doubts as to the centres’ effectiveness.
In almost all centres, many children are enrolled (in order to receive government support), but
do not actually attend the course. Inspections lack depth and do not cover the content of the
services provided. Public awareness needs to be increased to fight prejudice against people
with disabilities.
There is still no independent body to monitor and inspect mental health institutions.
Overall,
services were expanded for the disabled and the elderly, but important efforts are still
needed to protect socially vulnerable persons and persons with disabilities.
Comprehensive
anti-discrimination
legislation, including on the establishment of an anti-
discrimination and equality board, is still lacking. A draft law is before the parliament. The
relevant parliamentary committee amended the draft to remove references to discrimination
on grounds of sexual identity or sexual orientation. The current legal framework is not in line
with the EU
acquis.
There is discrimination against individuals along ethnic, religious, sexual
identity and other lines.
Homosexuality is not a criminal offence in Turkey. However lesbian, gay, bisexual and
transgender (LGBT) persons continued to suffer discrimination, intimidation and were the
victims of violent crime. LGBT employees and civil servants have been fired on the grounds
of sexual orientation. Other reported spheres of discrimination against LGBT individuals
include access to housing and to health services (especially in the case of transgender
persons). A number of court cases and judicial proceedings are in progress.
Violations of the right to life, torture, ill-treatment and cases of sexual assault that occurred
against LGBTs in Turkey during 2011 have been reported. Shortcomings in the investigation
and prosecution of crimes against people with a different sexual orientation or gender identity
led to impunity for the perpetrators.
Articles of the Turkish Criminal Code on ‘public exhibitionism’ and ‘offences against public
morality’ and also articles of the Law on Misdemeanours were widely used to discriminate
against and to impose fines on LGBT people. The repeated application of the principle of
‘unjust provocation’ in favour of perpetrators of crimes against transsexuals and transvestites
is a major concern. Court cases have been brought against LGBT human rights defenders who
accused the police of arbitrary arrests and violence.
High-profile public figures repeatedly used negative stereotyping against LGBT persons. The
internal rules of the Turkish armed forces continue to define homosexuality as a
‘psychosexual’ illness and to declare homosexuals unfit for military service.
Substantial government efforts are still needed to effectively protect vulnerable groups,
including women, children, and lesbian, gay, bisexual and transgender individuals from
societal abuse, discrimination and violence.
As regards
labour and trade unions rights,
legislation on trade unions and collective
bargaining by civil servants was amended, leading to the first collective bargaining exercise in
this sector. However, the new legislation is not fully in line with the EU
acquis
and
International Labour Organisation conventions, especially with regard to the right to strike for
public servants, the process of collective bargaining and dispute settlement, as well as
restrictions on large categories of public servants to form and join trade unions. The draft law
on collective labour relations, amending the legal framework for trade unions in the private
sector, has not been adopted. In May the Law on Strikes was amended to prohibit strikes in
the aviation sector. This takes Turkey’s labour legislation further from EU and ILO standards.
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The limited labour rights granted by existing legislation have not always been available to
employees, with several cases of dismissal apparently linked to union membership. There was
continued state interference in unions’ internal affairs. Industrial action and demonstrations by
trade unions were regularly restricted and on occasion broken up by the security services
using force. Many unions and union activists faced police raids, criminal charges and
imprisonment on allegations of ‘terrorist activity’.
Overall,
there was limited progress in the areas of labour and trade union rights. The
legislation on civil servants’ trade unions rights has been amended but is still not in line with
EU and ILO standards. Collective actions by trade unions suffer numerous restrictions.
As regards
property rights,
the implementing regulation for the decree law revising the
provisional Article 11 of the Foundations Law was published in October 2011
10
. The
regulation sets out the conditions for applications for properties to be registered and the
conditions for payment of compensation. The deadline for applications to register property in
the name of the community foundation together with all rights and obligations was 27 August
2012. According to official information, 108 community foundations applied by the deadline
for the return of 1,568 properties. By 18 September 2012, the Foundations Council approved
the return of 58 properties, the payment of compensation for eight (8) properties, decided that
53 applications were not eligible and continues the processing of the remaining 1,449
applications.
The Izmir Jewish community, the Greek primary girls’ school in Istanbul and the Armenian
Tibrevank Lycée in Istanbul were granted foundation status by administrative decisions.
However, the Syriac community continued to face difficulties with property and land
registration, especially in the south-east. A number of court cases continued, concerning both
individuals and religious institutions. The Mor Gabriel Syriac Orthodox monastery court
cases regarding land ownership continued. The Court of Cassation, in a much criticised
decision, reversed a local court’s decision in favour of the monastery. A forestry case against
the monastery, which had been finalised at the Court of Cassation, is now before the ECtHR
pending a decision on admissibility. These cases have been brought to justice against the
monastery by State bodies.
A large number of properties of the Latin Catholic Church remain confiscated by the State.
The Catholic Church, like the other non-Muslim religious communities, has no legal
personality.
There was no progress in implementing the March 2010 recommendations of the Council of
Europe Venice Commission on the protection of property rights. Council of Europe
Resolution 1625 (2008) on Gökçeada (Imvros) and Bozcaada (Tenedos) still needs to be
implemented.
Problems encountered by Greek nationals in inheriting and registering property are still being
reported, in particular following the application by the Turkish authorities of the amended
Land Registry Law, including the authorities’ interpretation of provisions on reciprocity. As
regards reciprocity, the European Court of Human Rights held that there had been a violation
of Article 1 of Protocol 1 (peaceful enjoyment of possessions) to the European Convention on
Human Rights and ordered either the return of property or financial compensation by the
applicants.
10
The 2008 Foundations Law (No 5737) was amended by decree law on 27 August 2011. The
implementing regulation for the August decree was published in the Official Gazette on 1 October
2011.
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Overall,
there has been progress with the adoption of legislation amending the 2008 Law on
Foundations. Implementation continues. However, the legislation still does not cover fused
foundations (i.e. those whose management has been taken over by the Directorate General for
Foundations) or properties confiscated from Alevi foundations. The ongoing cases against the
Mor Gabriel Syriac Orthodox monastery raise concerns. Turkey needs to ensure full respect
for the property rights of all non-Muslim religious communities and others.
Respect for and protection of minorities, cultural rights
Dialogue between the government and representatives of
minorities
continued.
For the first time, representatives of minorities, beyond those minorities recognised by
Turkey, were invited to parliament – to express their views on a new Constitution.
The Ministry of National Education approved a new regulation allowing children from
Armenian, Greek and Jewish minorities who are not Turkish citizens to be educated in
minority schools. However, children who are not Turkish citizens do not receive official
graduation papers.
A legislative change enabling newspapers run by non-Muslim minorities to publish official
notices was published in the Official Gazette on 28 February. Minority newspapers will have
to apply in writing to be able to publish official announcements.
However, Turkey’s overall approach to minorities remained restrictive. Turkey maintained its
reservations to the UN International Covenant on civil and political rights regarding the rights
of minorities and to the UN Covenant on economic, social and cultural rights regarding the
right to education, which remained a cause for concern. Turkey has not signed the Framework
Convention for the Protection of National Minorities or the Charter for Regional and Minority
Languages.
No mechanisms or specific body has been established to combat racism, xenophobia, anti-
Semitism and intolerance. There is no legal framework or legislation that addresses
discrimination issues; references in the constitution to the principle of non-discrimination are
often interpreted in a restrictive manner by the courts.
There is no effective prosecution of incitement to hatred, including by the media: Turkey has
not made progress to introduce legislation regarding hate speech and hate crimes as
recommended by the Council of Europe.
The situation of the Greek minority has not changed. It continues to encounter problems with
access to education and property rights, including on the islands of Gökçeada (Imvros) and
Bozcaada (Tenedos). The decision to reopen a school in Gökçeada (Imvros) is pending.
The five-year court case on the murder of Armenian journalist Hrant Dink
11
ended on
17 January 2012. One person was convicted for incitement to murder, but all defendants were
acquitted of charges of links to a terrorist organisation; the family of Hrant Dink demanded a
new investigation into the conduct of various members of the police force and Gendarmerie
who seemed to be implicated in the crime according to an inquiry conducted by the
Presidential State Inspection Board (DDK). Full execution of the ECtHR judgment of
14 September 2010 on the Dink case is crucial for Turkey in order to fight impunity and to
hold all involved accountable before the law.
11
Hrant Dink, editor-in-chief of the Armenian Agos newspaper at the time, was killed in front of his office on 19
January 2007.
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The commemoration of the twentieth anniversary of the Khojaly massacre (in Azerbaijan) on
26 February in Istanbul’s Taksim square was marred by racist and anti-Armenian slogans and
degenerated into an attempted march on the Armenian Agos newspaper.
Rhetoric against missionaries or minorities remains in a number of compulsory schoolbooks.
Several important buildings in the Armenian cemetery in Malatya were demolished by the
Malatya municipality on 2 February.
Overall,
dialogue between the government and minorities continued. Representatives of
minorities presented their views on a new constitution to the Parliamentary Conciliation
Committee. However, Turkey’s approach to minorities remained restrictive. Full respect for
and protection of language, culture and fundamental rights in accordance with European
standards have yet to be achieved. A comprehensive approach and further efforts are needed
to enhance tolerance, security and promote inclusiveness vis-à-vis minorities. There is a need
for revision of existing legislation, the introduction of comprehensive legislation to combat
discrimination and the introduction of protection mechanisms or specific bodies to combat
racism, xenophobia, anti-Semitism and intolerance. Relevant Covenants and Conventions
should be applied.
As regards
cultural rights,
debates on mother-tongue education continued. Diverse Kurdish
groups, other linguistic groups and civil society organisations submitted requests to the
Parliamentary Conciliation Committee working on a new constitution, including requests to
lift all restrictions on use of the mother tongue.
In December the Council of Higher Education (YOK) approved an application by Tunceli
University for the foundation of a Department of Eastern Languages and Literatures,
including Zaza and Kurmanjî Kurdish. Recruitment of further academic staff is needed to
make the department fully operational.
In June, the Ministry of National Education issued a new curriculum for primary schools,
including the obligation for a school to add a course on living languages such as Kurdish or
Circassian and dialects if at least 10 pupils apply for it.
Mardin Artuklu University continued post-graduate education in Zaza and Kurmanjî Kurdish.
The Kurdish Language and Literature Department in Muş Alparslan University continued its
undergraduate elective Kurdish language course. No postgraduate course was offered due to a
lack of teaching staff.
The first Syriac monthly newspaper in Turkey started publication in March.
The parliament’s Human Rights Inquiry Committee reported fewer restrictions on the use of
Kurdish in prisons during visits and exchanges of letters. However, some legislation still
restricts the use of languages other than Turkish, including the Constitution and the Law on
Political Parties. In a number of court cases against politicians and human rights defenders the
use of other languages than Turkish was not allowed.
The Council of Europe Congress of Local and Regional Authorities’ Recommendation 229
(2007) to permit municipal councils to use languages other than Turkish in the provision of
public services when appropriate and to reform the Municipality Law accordingly has not
been implemented.
Court cases regarding the demolition of the statue of humanity devoted to Turkish-Armenian
reconciliation in Kars have ended at the administrative courts. The case was declared
admissible by the ECtHR in February.
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Overall,
Turkey has made some progress on cultural rights, and fewer restrictions on the use
of Kurdish in prisons during visits and exchanges of letters were reported. However, some
legislation still restricts the use of languages other than Turkish, including the Constitution
and the Law on Political Parties. Also, the judiciary took a number of restrictive decisions on
the use of languages other than Turkish, including the use of Kurdish in court cases
concerning Kurdish politicians and human rights defenders.
Some progress was made regarding
Roma.
Ad hoc contacts between Roma NGOs and
relevant ministries have taken place. There have been efforts by the Labour Ministry and
İŞKUR
to promote the employment of Roma in temporary jobs of public benefit. Vocational
training has also been provided.
An administrative court annulled the preliminary project to transform the historical Roma
Sulukule district in Istanbul. Legal procedures are continuing before the Council of State.
However, there was criticism of the temporary nature of the courses and employment offered
and the lack of information about the programme. Medium- and long-term planning to
increase the employability of Roma citizens is needed. The Roma population had little access
to regular, recorded jobs and continued to be subject to prejudice and discrimination.
Roma children were reported to have high drop-out and absenteeism rates even in primary
school.
Teachers working in schools attended mainly by Roma children appear to be frequently
transferred and assigned to other duties, which may have an impact on the quality of
education.
Roma continued to have difficulties with access to health services and problems of poor
housing conditions, in some cases because they did not have identity cards.
Urban renewal needs to be managed in a transparent manner and wherever possible without
displacing communities; it should go hand in hand with employment efforts.
Overall,
there has been some progress but a systematic approach is needed to tackle the
problems of Roma. A comprehensive strategy needs to be established and the issue needs to
be reflected and mainstreamed in main policy areas. There is lack of quantitative data on the
situation of Roma, which prevents informed policy-making.
Situation in the east and south-east
An incentives package was announced in April 2012, focusing partly on increasing
investment in the least developed regions and reducing regional disparities. The South-East
Anatolia Project (GAP), aimed at improving the socio-economic development of the region,
has been extended for another five years. Dam projects continued, but were criticised for
threatening sustainable development by destroying the living conditions of the local
population, including historical heritage, natural habitats, species and agricultural land.
In January the case of the 2005 bombing of a bookstore in the south-eastern district of
Şemdinli
came to an end after a lengthy trial marred by disputes over jurisdiction. The Court
handed down nearly 40-year sentences to each of the three defendants.
The clearance of landmines continues.
The Kurdish issue and options for a solution were widely discussed; however, the 2009
democratic opening aimed at addressing amongst others the Kurdish issue was not followed
through.
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Terrorist attacks by the PKK, which is on the EU list of terrorist organisations, multiplied and
intensified and claimed many victims. The attacks were strongly condemned by the EU.
There has been a worrying increase in kidnappings of security personnel and civilians,
including elected politicians.
The high number of arrests and detentions in the context of operations against the Union of
Communities of Kurdistan (KCK), the alleged urban wing of the PKK, led to serious tension.
The government announced that the state had abandoned confidential talks with the PKK, but
expressed the intention to continue dialogue with political parties not associated with the
PKK.
Anti-KCK operations widened, not only targeting Kurdish politicians, locally elected mayors
and members of municipal councils, but also media representatives, human rights defenders,
trade unionists, prominent academics and lawyers,. According to official statistics, 31 mayors
and 226 local representatives are currently detained in connection with the anti-KCK case.
The situation seriously affects local government and administration. Democratic Society
Congress (DTK) Co-Chair and Van MP Aysel Tuğluk was sentenced to 14.5 years in prison
on charges of ‘spreading propaganda for a terrorist organisation’ and ‘committing crime on
behalf of an illegal organisation despite not being a member of it’ following speeches she
made. The trial of defendants for alleged membership of the KCK continued before the Sixth
Serious Crimes Court in Diyarbakır. There were several similar anti-KCK cases in other
provinces.
The JİTEM (the Gendarmerie’s intelligence organisation) and Colonel Temizöz cases
regarding extrajudicial killings and persons missing since the 1990s continued before the
Diyarbakır Serious Crimes Court. Numerous files on missing persons and extrajudicial
killings dating from the 1990s are approaching the statute of limitations.
34 civilians were killed in Uludere by the Turkish armed forces on 28 December. The
authorities prevented a number of NGOs from visiting the site of the airstrike. In February, a
sub-committee of the parliamentary Human Rights Inquiry Committee was set up to inquire
into the killing of Uludere villagers. Judicial and administrative investigations are ongoing.
However, there are concerns about their transparency and effectiveness. Allegations of
intelligence failure and operational negligence have not been cleared up. At the end of
February, the
Şırnak
Prosecutor sent the file on Uludere to the Diyarbakır Prosecutor with
Special Authority noting that the incident did not fall within their competence. There has been
no direct apology, from either the military or civilian authorities.
Newroz
(New Year) ceremonies were restricted to only one day. In many provinces, there
were violent incidents and clashes with security forces. (See
Freedom of assembly)
No steps were taken to dismantle the village guard system, a paramilitary force of more than
45,000 paid and armed by the state, and there is no comprehensive plan to do so.
Overall,
there was no progress towards a solution as regards the Kurdish issue. Terrorist
attacks intensified, as did military operations. The detention of elected politicians and human
rights defenders gives rise to serious concerns. In incidents such as the Uludere killings of
civilians, calls on the authorities for effective and swift investigation and a transparent public
inquiry have not been met. The truth about extra-judicial killings and torture in the south-east
in the 1980s and 1990s has yet to be established following the due process of law. The statute
of limitations deadline will soon bring an end to judicial investigations on past crimes,
without result. Landmines and the village guard system are still causes for concern.
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Refugees and internally displaced persons (IDPs)
The period of implementation of the law on compensation of losses resulting from terrorism
and the fight against terrorism has been extended by one year in April. Up to September,
361,391 applications were submitted to the Damage Assessment Commissions. Of these,
305,758 were assessed, with compensation paid in 166,158 cases and 139,600 applications
rejected. By September, the Damage Assessment Commissions had awarded compensation
totalling almost € 1,230,000,000 to claimants who signed negotiated/amicable settlements.
However, delays in payments have continued. Various claims were rejected by the
administrative courts. Several cases are pending before the ECtHR. There is a need to
thoroughly assess the effectiveness of legislation and the process of granting compensation.
The number of internally displaced persons (IDPs) has increased as a result of two
earthquakes in Van in October and November 2011. The Tuzla IDP camp in Mersin, which
has been in place for 15 years, needs upgrading in terms of service provision and
accommodation. IDPs often live in sub-standard conditions, in camps and elsewhere. Many
still find it difficult to return to their previous place of residence mainly for reasons of
security, the continuing village guard system, the presence of landmines, a lack of basic
infrastructure and capital, and limited job opportunities. The authorities have not yet shared
information on the urban reconstruction and redevelopment plan for Van.
Concerning
refugees and asylum-seekers,
law enforcement officials and central and local
administrations have improved their practices. There were improvements in treatment and
detention conditions in the removal centres. Turkey maintained an open border policy with
Syria. Turkey is providing humanitarian assistance to nearly 100,000 Syrians who fled the
country, hosted in camps located in four southern provinces. General living conditions in the
camps have been praised by international observers. (See
also Chapter 24 – Justice, freedom
and security)
However, pending the adoption and implementation of the Law on Foreigners
and International Protection, gaps in legislation and in immigration-related detention and
deportation practices remained a concern. Unaccompanied minors found themselves at risk of
detention together with adults and without access to State child protection services. There
were reported cases of access to UNHCR services and asylum procedures being blocked.
Individuals going through asylum procedures experienced difficulties with access to adequate
accommodation, work, health services, education and integration support. Asylum-seekers
who did not qualify for contribution-free general health insurance under the new Social
Security Law were charged monthly contribution fees which were unaffordable for those
without employment.
Overall,
the process of compensating IDPs has continued but the effectiveness of the system
has to be assessed. Some improvements were made to detention conditions in the removal
centres. Turkey has successfully provided humanitarian assistance to the Syrian refugees.
However, there is still no national strategy to address IDPs’ needs better and no
comprehensive legal framework for refugees and asylum-seekers. Further improvements in
detention and deportation practices are needed.
2.3.
Cyprus
Turkey continued to express public support for the negotiations between the leaders of the
two communities under the Good Offices of the UN Secretary-General aimed at a fair,
comprehensive and viable solution to the Cyprus problem. This support was reiterated on
several occasions by the authorities in the context of the Greentree Conferences in October
2011 and January 2012, and during the EU-Turkey Association Council in June. The UN
Regional issues and international obligations
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Secretary-General indicated in his latest report on the UN operation in Cyprus of June 2012
that until the sides reach an agreement on how to proceed with the substantive settlement
negotiations, the focus will be on continuing the work of the bi-communal technical
committees.
As emphasised in the negotiating framework and in Council declarations, Turkey is expected
to actively support the negotiations aimed at a fair, comprehensive and viable settlement of
the Cyprus issue within the UN framework, in accordance with the relevant UN Security
Council resolutions and in line with the principles on which the EU is founded. Turkey’s
commitment and contribution in concrete terms to such a comprehensive settlement is crucial.
Regrettably, on several occasions, statements at senior political level spoke of alternatives to a
comprehensive settlement under UN auspices.
Turkey continued to issue statements objecting to drilling operations carried out by the
Republic of Cyprus and threatening retaliation against oil companies that would participate in
Cypriot exploration, following Cyprus’s announcement that it would launch a second round of
off-shore exploratory licences. The EU stressed the sovereign rights of EU Member States
which include, inter alia, entering into bilateral agreements, and to explore and exploit their
natural resources in accordance with the EU
acquis
and international law, including the UN
Convention on the Law of the Sea. Turkey and representatives of the Turkish Cypriot
Community signed a ‘Continental shelf delimitation agreement’ and Turkish company TPAO
supported on-shore exploratory drilling activities in an area near Famagusta.
Despite repeated calls by the Council and the Commission, Turkey has still not complied with
its obligations as outlined in the declaration by the European Community and its Member
States of 21 September 2005 and in Council conclusions, including those of December 2006
and December 2011. It has not met its obligation to ensure full, non-discriminatory
implementation of the Additional Protocol to the Association Agreement and has not removed
all obstacles to the free movement of goods with Cyprus, including restrictions on direct
transport links. There was no progress on normalising bilateral relations with the Republic of
Cyprus. Moreover, Turkey stated that it would not attend any meeting chaired by the Cyprus
EU Council Presidency. A government circular instructed all Turkish civil servants to abstain
from meetings and contacts with the Cypriot Presidency of the Council of the EU. The
European Council expressed serious concerns with regard to Turkish statements and threats
and called for full respect for the role of the Presidency of the Council, which is a
fundamental institutional feature of the EU provided for in the Treaty.
Turkey has not lifted its veto of Cyprus’s membership of several international organisations.
Peaceful settlement of border disputes
After the last round of exploratory talks in July 2011, discussions are on-going between
Greece and Turkey to set a date for the next round.
In April, Greece strongly objected to Turkey’s launch of a tender for offshore oil and gas
exploration including part of the continental shelf off the Greek island of Castellorizo.
The threat of casus belli in response to the possible extension of Greek territorial waters made
in the 1995 resolution of the Turkish Grand National Assembly still stands. In line with the
negotiating framework, the Council has underlined that ‘Turkey needs to commit itself
unequivocally to good neighbourly relations and to the peaceful settlement of disputes in
accordance with the United Nations Charter, having recourse, if necessary, to the international
Court of Justice. In this context, the Union expresses serious concerns and urges the
avoidance of any kind of threat, source of friction or action which could damage good
neighbourly relations and the peaceful settlement of disputes.’ Greece and Cyprus made
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formal complaints about violations of their territorial waters and airspace by Turkey,
including flights over Greek islands.
Regional cooperation
Turkey remains involved in regional initiatives, including the South-East European
Cooperation Process (SEECP) and the Regional Cooperation Council (RCC). Turkey supports
the European integration of all countries in the region.
The enhanced political dialogue on foreign policy stemming from the positive agenda
provides an ideal platform to exchange views and to fine-tune positions.
High-level bilateral meetings were held with all countries in the region, reflecting Turkey’s
firm commitment to promoting peace and stability. Turkey increased its presence in the
region also in terms of financial and technical assistance, by delivering projects through its
development agency TIKA.
Within the framework of the common security and defence policy, Turkey is continuing to
contribute to the EU-led military mission in Bosnia and Herzegovina (EUFOR/ALTHEA). It
is also contributing to the EU-led police mission in Bosnia and Herzegovina (EUPM) and to
the EULEX mission in Kosovo
.
Relations with
Bulgaria
remained positive. The Bulgarian Prime Minister visited Turkey in
March.
As regards the
International Criminal Court (ICC), see Chapter 31 – Common foreign and
security policy.
3.
E
CONOMIC CRITERIA
In examining economic developments in Turkey, the Commission’s approach was guided by
the conclusions of the European Council in Copenhagen in June 1993, which stated that
membership of the Union requires the existence of a functioning market economy and the
capacity to cope with competitive pressure and market forces within the Union.
3.1.
The existence of a functioning market economy
Economic policy essentials
The Pre-Accession Economic Programme (PEP) submitted to the Commission in January
2012 reflects commitments to a rebalancing process away from debt fuelling consumption
towards exports. Although such adjustment process is positive for economic stability, Turkey
has large external imbalances, and remains vulnerable to further global financial shocks, in
particular capital flow reversals. As more ministries and governing structures have been
created, the fragmentation of responsibilities between government bodies appears to be
increasingly complicating coordination for budgeting and medium-term economic policy
making. Decisions are sometimes taken on an ad hoc basis and impact assessments are either
lacking or based on partial information. However, there have been no major instances of
internal conflicts and tensions in economic policies in recent times.
Overall,
the consensus on
economic policy essentials has been preserved.
Macroeconomic stability
In 2011, the Turkish economy grew by 8.5%, only slightly down from 9.2% in 2010. Growth
was largely driven by the private sector, with consumer spending up 7.7% on the year and
private sector investment up 22.8%. The strength of domestic demand led to import volumes
This designation is without prejudice to positions on status, and is in line with UNSCR 1244/99 and the
ICJ Opinion on the Kosovo declaration of independence.
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increasing 10.6% on the year, while the level of export volumes was 6.5% higher than in
2010, partly as a result of the depreciation of the Turkish lira (by 20% vis-à-vis the euro in
2011). Since mid-2011, however, the pace of growth has been slowing down gradually in line
with the slowdown in domestic demand, accompanied by an improvement in the trade and
current account balances. A major growth deceleration was observed in the first half of 2012,
to 3.1% year-on-year. Private domestic consumption (residents households), which accounts
for over 70% of GDP, was down by 0.2% year-on-year in the first six months of 2012, while
fixed investment decreased by 3.2%, compared with a 18.3% increase in 2011. The only
domestic demand component that posted above-average growth was government
consumption, which increased by 4.9%. A further deceleration is already being witnessed to
some extent in leading indicator data. Surveys of manufacturing business confidence and
capacity utilisation have recently fallen back to their weakest levels in two years. However,
industrial production and credit growth accelerated in mid-2012 after a couple of weak
quarters. In 2011, the per capita GDP of Turkey (PPP adjusted) amounted to 52% of the EU
average.
Overall,
economic growth is slowing down, from high levels, due to weaker
domestic demand.
The current account deficit rose from 6.6% of GDP in 2010 to 10% in 2011. The increase was
entirely due to the deterioration of the merchandise trade deficit. In 2012, Turkey continued to
run a large current account deficit, which leaves the Turkish currency vulnerable to a sudden
loss of investor confidence. However, the deficit has been narrowing, to about 8.5% of GDP
by mid-2012, mainly as a result of an improvement in the merchandise trade deficit owing to
weaker domestic demand, lower oil prices and strong export growth. Given the slowing of the
economy and falling energy and food prices, the current account deficit is expected to fall
further in the months ahead, although an expected deterioration in external economic
conditions may make the increase in export earnings difficult to sustain. Capital inflows
(including net foreign direct investment, foreign purchases of government bonds in the
international and local markets and foreign lending to Turkish banks and companies) largely
offset the current account deficit during 2011 and the first half year of 2012, although they
were significantly lower than a year earlier. In 2011, a large positive balance was recorded for
the net errors and omissions item of the balance of payments, which is thought to reflect
informal repatriation of funds held abroad. At the same time, foreign direct investment
remains low proportionally to the size of the current account deficit, at only 13% of total
capital inflows over the first six months of 2012. Turkey’s large dependence on shorter-term
capital makes it highly susceptible to the current global uncertainties. The Central Bank’s
official reserves decreased from € 61 billion in 2010 to € 56 billion in 2011, but these losses
have already been mitigated by mid-2012. At the same time, gross external debt decreased
from 39.9% of GDP to 39.7% of GDP. In early May 2012, the parliament passed a bill easing
restrictions on property purchases by foreigners, which is likely to increase capital inflows for
this purpose.
Overall,
the external imbalances have remained significant.
Unemployment was 9.8% in 2011, down from 11.9% in 2010. In the half year of 2012,
unemployment fell further to 8.9%. The employment rate stood at 45.3% in the first semester
of 2012, up from the 44.9% observed in December 2011 and 43% in 2010, while non-farm
unemployment fell to 10.1% in May 2012 from 11.6% the year before. While the labour
participation rate is 71.4% for men, it is as low as 30% for women, in spite of an increase of
more than 4 percentage points from a year earlier. Despite the low proportion of the female
population actively looking for work, the female unemployment rate is slightly higher than
the male unemployment rate. In addition, about one third of women who are considered as
employed are unpaid family workers in the agricultural sector. This reduces the percentage of
women of working age who are employed and receive an income to less than 15% of the total.
Lack of affordable child care is among key barriers for women’s entry into the labour market.
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The labour market needs to absorb the unemployed and about one million new entrants every
year. Overly strict employment protection laws discourage employers from hiring. The
prevalence of undeclared work remains a major challenge.
Overall,
robust economic
development allowed strong employment growth and a drop in unemployment.
Inflation was 10.5% in 2011, almost doubling from 6.4% in 2010 and the official target of
5.5%. Annual core inflation amounted to 9.8% in 2011. By August 2012, however, consumer
prices have dropped, in spite of highly volatile energy and food prices, to 8.9% year-on-year.
Core inflation amounted to 7.8% in August. Partly in view of the recent increase in food
prices, the Central Bank’s year-end inflation target of 5%, with a 2 percentage points
tolerance band, appears to be within reach, helped by favourable base effects. By end-
September 2012, market expectations amounted to 6.8%.
Overall,
inflation has been high, but
came down in mid-2012 in spite of rapidly rising food prices.
Concerns about the level of inflation and the vulnerability of the lira to heightened global risk
aversion, owing to Turkey’s still large current account deficit, have continued to pose
obstacles to a significant easing of monetary policy. Since late 2011, the Central Bank has
operated rather complex policies, based on an interest rate corridor and various targeted
macro-prudential measures, which have allowed it to adjust banks’ funding costs on a day-to-
day basis. The Central Bank has been compelled to sustain a tightening bias over the past half
year, in spite of some softening in recent months. Since July 2012, the average bank funding
rate fell from about 10% to below 7%, still more than two percentage points higher than the
one week repo rate of 5.75%. Given the inflation volatility and the current weakness of the
lira (alongside most emerging market currencies) on the back of renewed financial stresses in
the eurozone, tight monetary policy needs to persist in order to safeguard Turkish financial
stability. The tightening appears to be increasingly successful in shifting the drivers of growth
away from domestic demand. However, more support from the fiscal side, besides the specific
and targeted macro-prudential measures that are put in place, including by the banking
regulator, may help engineer a rebalancing and soft landing of the economy and ease the
burden placed on monetary policy.
Overall,
monetary policy has been increasingly successful,
as it was able to curb the growth of credit and contribute to easing the current account deficit
at the same time.
The budget performed better than expected in 2011, especially due to the robust recovery in
domestic demand, which provided significant support to indirect tax revenues. The primary
surplus rose from 0.5% of GDP in 2010 to 1.3% of GDP in 2011, and the overall central
government budget deficit fell from 3.6% of GDP in 2010 to 1.2% of GDP in 2011, compared
with a budget target of 1% of GDP. The social security deficit decreased from 2.4% of GDP
in 2010 to 1.3% of GDP in 2011. The recent public receivables restructuring programme had
a positive impact on the social security system balances, generating extra revenues of € 3.3
billion, or 0.6% of GDP. In the first half of 2012, weaker demand adversely affected the
budget performance, and real tax revenues were roughly at the same level as in 2011, as
indirect taxes — which make up two thirds of the total — were curtailed by the slowdown in
consumer and import demand. According to the medium-term fiscal plan, the government
expects a budget deficit of 1% of GDP in 2012. This target has not been adjusted for
economic growth and revenues that were higher than anticipated in 2011. Therefore, fiscal
policy may have more scope to support the monetary policy efforts aimed at curbing domestic
demand and thus the current account deficit. The public debt stock fell further in 2011, and it
amounted to 39.4% of GDP by the end of 2011.
Overall,
fiscal performance was satisfactory.
Four years after the adoption of the Public Financial Management Law, some components are
still missing, in particular measures to enhance the accountability, efficiency and transparency
of the budgeting process. Consolidated general government accounts according to
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international accounting standards are still not regularly published. This makes it difficult for
citizens to hold the government accountable for its management of public money. Full
implementation of the new Law on State Aid has been postponed. The unification of all tax
administration functions under the Revenue Administration has been announced. The aim of
this unification was to strengthen the audit capacity and facilitate greater use of standard risk-
based audit techniques, thereby enhancing transparency.
Overall,
no efforts were made to
increase fiscal transparency.
Turkey’s fiscal and monetary policy mix proved relatively successful in the aftermath of the
crisis. The earlier fiscal consolidation and structural reforms have contributed to robust
growth. However, making more progress with fiscal transparency, adjusting the fiscal policy
stance, doing more to target inflation and preserving financial stability will be important ways
to engineer a soft landing of the economy and ensure sustainable growth. In particular, a
sudden reduction or reversal of capital flows could put pressure on the lira, resulting in higher
inflation. The adoption of a strong fiscal rule may not only enhance fiscal transparency, but
also provide a strong fiscal anchor and enhance credibility.
Overall,
the soft landing of the
Turkish economy remains vulnerable to bouts of financial uncertainty and the global risk
sentiment and more could be done to better coordinate and optimise the policy mix.
Interplay of market forces
The share of administered prices in the Consumer Price Index (CPI) basket remained at only
4.5%. At the same time, food and alcohol prices – more than 25% of the consumer basket are
highly sensible to policy and administrative decisions. Regulatory and surveillance agencies
are in place in all major sectors. Automatic pricing mechanisms are operational in the natural
gas and electricity sectors, where end-user prices are officially linked to a cost-based
methodology. However, the government increasingly interferes and independently sets prices,
thereby suspending automatic mechanisms including in the transport sector.
There has been limited progress in the restructuring and transparency of state-owned
enterprises. The pace of privatisation slowed down significantly, chiefly due to investors’
difficulties in gaining access to long-term external financing. As a result, tenders for two
electricity distribution companies remained inconclusive. Deadlines and procedures for
various tenders, including the natural gas tender, were extended. Total privatisation receipts
decreased from € 2.2 billion in 2010 (0.4% of GDP) to € 971 million (0.2% of GDP) in 2011.
Major deals completed in 2011 were the port of
İskenderun
(€ 266 million) and the Trakya
electricity distribution company (€ 411 million). Planned privatisations for 2012 include
major electricity generation assets, highways and bridges, and several ports. Remaining shares
in Turkish Airlines, Turk Telekom, Petkim, and state-owned banks Halkbank and Vakıfbank
may also be the subject of new privatisation deals. There is no plan for the privatisation of
Ziraatbank and the national lottery yet.
Overall,
the government has been increasingly
interfering in the price-setting mechanism and difficulties in gaining access to external
financing have slowed down privatisation.
Market entry and exit
In 2011, the implementation of the business registration process was fine-tuned. However,
starting a business in Turkey remains costly and corresponds to 11.2% of per capita income.
Some fees are still not transparent, such as those for the official registration of a company’s
articles and accounts. Trade registry fees are significant. Progress in removing exit barriers
remains weak. Closing a business is still expensive and time-consuming. Insolvency
procedures take about 3.3 years and recovery rates — at 22% on average — remain very low.
Registering a property in Turkey costs 3.3% of its value, requires six separate procedures and
takes six days. Obtaining a construction permit is expensive and time-consuming: on average,
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it takes 24 procedures and 189 days. Costs correspond to almost 200% of the average per
capita income.
Overall,
market entry is satisfactory, while market exit remains costly and
long, and insolvency proceedings are still heavy and inefficient.
Legal system
A reasonably well functioning legal system, including in the area of property rights, has been
in place for several years. Enforcement of commercial contracts is still a rather lengthy
process, involving 36 procedures and taking an average of 420 days. Commercial court judges
lack specialisation, which results in lengthy court proceedings. The expert witness system still
operates as a parallel judicial system, but does not improve the overall quality. Out-of-court
dispute settlement mechanisms are seldom used. The judicial system and administrative
capacity can be further improved.
Overall,
the legal system continues to function relatively
well, but no progress has been observed.
Financial sector development
In 2011, the financial sector continued to perform well, and total financial sector assets
increased by almost a third. Risk ratios in the financial sector remained robust. Banks
continued to dominate the sector, as their share of total financial sector assets remained about
80%. Banking assets values are about 100% of GDP. The share of state-owned banks in total
banking sector assets decreased from 30% in 2010 to 26% in 2011, while domestic private
banks had a 32% share. Foreign banks’ share reached 21.9% (41.6%, if ownership through the
stock exchange is also included). There was no progress in the privatisation of state-owned
banks planned a long time ago. The share of the insurance sector remained small and
underdeveloped, with 3% of the total financial sector. Largely in tandem with the growth
performance, credit expansion slowed down gradually, from about 40% year-on-year in mid-
2010, to about 12% by mid-2012. Both the banking sector loan stock and its deposits’ stock
amounted to about 50% of GDP by mid-2012. The loans to deposits’ ratio increased gradually
from 83% in 2010 to 99% in the second quarter of 2012. The value of outstanding debt
instruments traded in the bond market amounted to about 40% of GDP. Private debt issues
increased significantly, from 1.3% of the total equity market in 2011 to 4.1% in mid-2012.
The share of non-performing loans in total banking sector loans decreased from 3.7 in 2010 to
2.7% by the end of 2011. The capital adequacy ratio decreased further, from 19% in
December 2010 to 16.5% in June 2012, still significantly above the statutory minimum of
12%. The authorities established a financial stability committee under the chairmanship of the
deputy prime minister in charge of the economy. The committee aims to monitor systemic
risks and their management and identifies policy measures to be undertaken. The committee
met eight times since its establishment in June 2011.
Overall,
the financial sector has
continued to show dynamism and strength thanks to earlier in-depth reforms.
3.2.
The capacity to cope with competitive pressure and market forces within the
Union
Existence of a functioning market economy
Turkey’s robust growth in a context of major global volatility confirms the economy’s
improved fundamentals and enhanced resilience to shocks. However, the rapid expansion of
the current account deficit and strong inflationary pressures point to the return of significant
imbalances in the Turkish economy.
Overall,
the functioning of market mechanisms has
remained intact.
Human and physical capital
The educational reform programme, which is a key component of the National Development
Plan 2007-2013, is coming to an end. It sets two key priorities for education modernisation
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and reform: namely increasing the responsiveness of education to demand and enhancing the
quality of the education system. By 2011, some progress has been made. Illiteracy rates for
the population aged 15 or above decreased from 7% in 2010 to 5.7% in 2011 and from 11.4%
to 9.4% for women. The ratio of university graduates in the population aged 15 or above
increased from 9.2% in 2010 to 10.8% in 2011. The net schooling ratio in primary education
(eight-year cycle) increased slightly, while the net schooling ratio in secondary education also
increased significantly, from 65% to 69% during the same period. However, challenges have
remained substantial. Participation in higher education remains low by international standards
and, although there has been some progress and the top students in Turkey are performing
well, the vast majority of Turkish students display low proficiency levels in basic skills and
problem-solving. As from the school year 2012-2013, compulsory education has been
extended from 8 to 12 years. This decision has been taken without proper impact-assessment.
It may imply a significant fiscal cost and affect the overall education quality. Turkey
increased funds for active labour market policy significantly.
Overall,
reforms and increased
spending on education have so far generated a positive impact on educational attainment and
schooling rates, but significant problems remain with regard to the quality of education.
Investment rose from 18.9% of GDP in 2010 to 21.9% in 2011, entirely thanks to private
sector investments, which increased from 15% of GDP to 18.1% of GDP. Gross FDI inflows
to Turkey increased from € 6.8 billion to € 9 billion. Although the official aim of the
government is to increase expenditures on research and development to meet the target of 2%
of GDP, the actual outcomes remain much lower, given that R&D expenditure amounted to
just 0.84% of GDP in 2010 (latest available data). Growth in gross electricity consumption
has averaged around 6% in each of the past five years, and no extra power generating capacity
has been built. Modest progress was made in the upgrading of infrastructure.
Overall,
improvements in the country’s physical capital have been modest.
Sectoral and enterprise structure
The share in employment of agriculture and construction stabilised at 25.5% and 7%
respectively in 2011. Fewer jobs were created in services and industry, whose share in total
employment went down to 48% and 19.5% respectively in 2011. Growth has been particularly
job-rich as overall employment grew by 6.7% in 2011, slightly up from 6.2% in 2010. At the
same time, the relative output of the service sector fell by one percentage point to about 63%,
while the share of agriculture and industry went up marginally to 8% and 26% of GDP
respectively in 2011.
Progress in liberalising the utilities sectors has been uneven. The draft Electricity Market
Law, which is to repeal the existing one, was discussed with stakeholders and sent for the
approval of the Prime Ministry. However, no tangible progress can be reported on reducing
BOTAS’ (gas) monopolistic market share while attempts to replace the terminated contract
with the Russian Federation by contracts with the private sector remained unsuccessful.
Regarding the telecommunications market, steps to increase the level of competition in the
market continued. The wholesale line rental (WLR) implementations which started in
February 2012 further enhanced competition, in particular in the broadband and fixed
telephony markets.
Overall,
the liberalisation of network industries gathered pace.
State influence on competitiveness
Only very limited progress was made in the area of State aid. The legislation implementing
the State Aid Law was originally scheduled to be enacted by the end of September 2011.
However, a decree-law issued in November 2011 stipulated that this legislation would only
enter into force by the end of June 2013. The implementing legislation concerning the State
Aid Authority is not in place yet. However, a significant incentives package, superseding the
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2009 stimulus package, was presented by the Turkish authorities in early April 2012 and
adopted in June 2012. The State Aid Authority is still expected to formally establish a
comprehensive State aid inventory and an action plan for aligning all State aid schemes with
the
acquis.
The legal framework for public procurement continued to comprise various
exemptions and is still not in line with the EU
acquis. Overall,
there has been very limited
progress in enhancing the transparency of State aid.
Economic integration with the EU
The openness of the economy as measured by the value of exports and imports of goods and
services as a percentage of GDP increased significantly from 48% in 2010 to 56.5% in 2011.
At the same time, the EU’s share of Turkey’s total trade decreased from 41.7% in 2010 to
40.8% in 2011. Between 2010 and 2011, the EU share of Turkey’s exports remained stable at
46%, while its import share decreased from 42.6% to 41.7%. However, first half of 2012 data
indicate that shares have been falling due to a weakening of EU demand. The EU continued to
be the main source of FDI inflows to Turkey, albeit with a falling share: 76% in 2010, and
71% in 2011, as FDI from non-EU countries increased more than from the EU. In nominal
terms, foreign capital investment inflows originating from the EU countries — excluding real
estate — more than doubled in one year, increasing from € 3.5 billion to € 8 billion.
Overall,
trade and economic integration with the EU remained high.
Based on the information available on real wage developments, unit labour costs appear to
have increased at a slightly faster pace than labour productivity in 2011 and the first half year
of 2012. Labour costs went up in 2011 by 10.2% for the whole economy, by 9.1% in
manufacturing, and by 14.1% in the construction sector. Conversely, the non-wage labour
cost index, which shows social security contributions and severance payments per hour,
increased by 9.1%. The Turkish lira depreciated vis-à-vis the euro by 20% and against the US
dollar by 23.3% in 2011. The real effective exchange rate (against a basket of 50% US dollar
and 50% euro) also decreased in 2011 by about 15% (the CPI-based REER index decreased
from 125.7 in 2010 to 109.5 in 2011). High inflation and some appreciation in 2012 caused
the REER index to climb to 115 in mid-2012.
Overall,
Turkey’s international competitiveness
has increased, primarily due to a depreciation of the currency in 2011.
4.
A
BILITY TO TAKE ON THE OBLIGATIONS OF MEMBERSHIP
This section examines Turkey’s ability to take on the obligations of membership — that is,
the
acquis
as expressed in the Treaties, the secondary legislation and the policies of the
Union. It also analyses Turkey’s administrative capacity to implement the
acquis.
The
analysis is structured according to the list of 33
acquis
chapters. In each sector, the
Commission’s assessment covers progress achieved during the reporting period, and
summarises the country’s overall level of preparations.
4.1.
Chapter 1: Free movement of goods
Some progress can be reported regarding alignment with
general principles.
The pilot
implementation of the risk-based import control system TAREKS was extended to new
product categories. The importers of these products need to register on TAREKS. For
products that hold an ATR certificate, and are thus in free circulation in the EU, a TAREKS
reference number authorising imports is directly issued by the system with no further checks.
Hence, the EU origin condition is finally abolished for these product categories.
Third-
country products in free circulation in the EU which fall under other New Approach directives
in the electro-technical field, pressure equipment and gas appliances are still subject to
conformity assessment checks on documentation and if necessary to physical checks at
customs. This delays their access to the Turkish market. Textiles and clothing goods
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originating in a third country and in free circulation in the EU are subject to additional duties
when they enter the Turkish market. This measure, in place since 22 June 2011, is in breach
of the basic principles of the Customs Union. Turkey decided on 1 June 2012 that the
additional duties shall not be levied on goods originating in countries with which Turkey has
signed an FTA and which are included in the system of diagonal cumulation provided that a
proof of preferential status of the goods is submitted. For goods originating in other third
countries, the measure continues to be in place.
Technical barriers to trade continue to exist and prevent free movement of goods in certain
areas such as pharmaceuticals. Good manufacturing practice (GMP) certificates issued by EU
Member States, which form part of the marketing authorisation for pharmaceutical products
for human use, are still not accepted and the products require a GMP certificate issued by the
Turkish authorities. This causes long delays in the registration process and results in de facto
discrimination against EU imports to the advantage of domestic producers. The online
registration requirements for imports of textile and clothing remain in effect although some
flexibility has been introduced regarding the type of information to be given, in order not to
require companies to disclose information of commercial value. Licences are still required for
old or second-hand goods such as construction equipment and for goods considered as
renovated or faulty. For alcoholic beverages, a pre-notification system replaced the previous
control certificate system, bringing some improvement. Exports of aluminium, paper and
copper scrap and imports of certain processed agricultural products are subject to restrictions
that constitute a de facto breach of the Customs Union rules. Some other goods are subject to
prior registration.
As a major step in alignment, Turkey adopted a long-awaited regulation on mutual
recognition in the non-harmonised area. The regulation will enter into force on 1 January
2013. It is expected that this will remove a number of technical barriers to the free movement
of goods.
Although Turkey has reached an advanced level of alignment in this chapter, Turkey still
needs to fully incorporate into its internal legal order the remaining EU instruments relating to
the removal of technical barriers to trade in the area of Customs Union enumerated in Annex
II to Decision 2/97 of the EU-Turkey Association Council. Turkey has agreed to incorporate
the updated list of Annex II into its internal legal order.
As regards
horizontal measures,
further progress can be reported in the area of
standardisation.
The Turkish Standards Institute (TSE) became a full member of the
European Committee for Standardisation (CEN) and the European Committee for
Electrotechnical Standardisation (CENELEC) in January 2012. The Turkish standardisation
system is now fully integrated into the European system. The founding law of the TSE was
revised in November 2011, all references to mandatory standards were removed and all its
publications were made subject to intellectual property rights law. The adoption of European
standards by the TSE continued. The TSE has so far adopted a total of 17,422 CEN and
CENELEC standards. Turkey has so far harmonised with a total of 391 standards of the
European Telecommunication Standards Institute (ETSI). The overall rate of harmonisation
with European standards stands at around 96%. The TSE is running 82 operational
committees. However, the TSE needs to apply a more participatory approach in its
standardisation work, especially as regards SMEs and consumer organisations.
In terms of
conformity assessment,
further progress was achieved in the area of notified
bodies. There are now 23 Turkish notified bodies compared with 18 in 2011. There are two
approval bodies in the area of construction products.
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Some progress can be noted regarding
accreditation.
The Turkish Accreditation Agency,
TURKAK, is a member of the European Cooperation for Accreditation (EA) and a signatory
of seven multilateral agreements of the EA. The number of TURKAK accreditations
increased by 13% since last year and reached 647. TURKAK is the Monitoring Authority in
the area of Good Laboratory Practice (GLP). However, it has not yet established any GLP
monitoring programme. TURKAK was affiliated to the Ministry of EU Affairs instead of the
Ministry of Science, Industry and Technology in April 2012. This was a positive step towards
increased transparency and a reduced risk of conflicts of interest. Following this a revised law
aimed at further harmonising TURKAK’s structure with the European accreditation system
was adopted. Although the law does not address all issues regarding TURKAK’s financial
and administrative autonomy, it brings improvements to the system in the right direction.
Some progress can be reported in the area of legal
metrology.
New and amending legislation
was issued on the servicing, inspection and verification of tachographs, as well as on the
certification of persons to be authorised to repair and adjust measuring instruments. A
national strategy on metrology was prepared and agreed.
There was some progress on
market surveillance.
A Prime Ministry circular was issued in
September 2011 on Market Surveillance and the Product Safety Evaluation Board, drawing
the attention of all relevant public authorities to the importance of actively participating in
Board activities. The Market Surveillance and Product Safety Evaluation Board adopted the
new National Market Surveillance Strategy 2012-2014 document. The Ministry of Customs
and Trade published a communiqué on the safety risks of some consumer products falling
under the non-harmonised area and set down minimum essential safety requirements. It is
expected that market surveillance activities in these product groups will be enhanced. The
database linking accidents and injuries to products has been started up on a pilot basis.
Notifications of unsafe products to the Ministry of Economic Affairs by market surveillance
authorities have continued. However, insufficient coordination within and between
surveillance agencies, scarce allocation of financial and human resources, and infrequent use
of risk assessment and sampling methods still need to be addressed. Market surveillance
actions are not systematically evaluated. The visibility of market surveillance remains low.
Stakeholder involvement in surveillance remains weak.
Turkey is partially aligned with the 2001 General Product Safety Directive, and with the
Regulation on accreditation and market surveillance. Full alignment and effective
implementation of market surveillance have yet to be achieved.
There was some progress on the
‘Old Approach’ product legislation.
Turkey adopted
amending legislation on the type approval of the braking systems of two- or three-wheeled
motor vehicles, and of motor vehicles and agricultural and forestry tractors with respect to
emissions and on radio interference of motor vehicles. New regulations on the general safety
of motor vehicles and their trailers, labelling of tyres, towing devices, wheel guards, statutory
plates, windscreen wiper and washer systems and space for rear registration plates were also
published. Turkey issued legislation on energy labelling in order to encourage energy
efficiency. An amending regulation on the pricing of pharmaceuticals for human use changed
the pricing system once again. An amending regulation concerning the packaging and
labelling of pharmaceuticals was adopted. Turkey established a new Medical Devices and
Pharmaceuticals Agency to deal with the regulation, licensing, pricing and monitoring of
pharmaceuticals for human use, and the regulation and market surveillance of medical
devices. Certain provisions of the Turkish legislation do not provide legal certainty with
regard to data exclusivity for any combination pharmaceutical product registered in the
Customs Union after 1 January 2005. The cumbersome and lengthy procedure for issuing
GMP certificates continues to affect the marketing authorisation of pharmaceutical products
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in Turkey and it can in some cases have an indirect impact on regulatory data exclusivity.
Turkey adopted legislation on veterinary pharmaceuticals aimed at aligning with the
acquis.
Some further progress can be reported in the already advanced area of ‘New
and Global
Approach’ product legislation.
Turkey adopted legislation on the publication of technical
specifications and national and EU technical approvals, on conformity verification systems
and on reaction-to-fire aspects of construction products. A categorisation guide was issued for
personal protective equipment in order to facilitate the CE marking of these products. Lists of
harmonised standards were updated and published on recreational crafts, radio and
telecommunication terminal equipment and personal protective equipment. A communiqué
regarding A-type inspection bodies was adopted in order to further operationalize the
legislation on lifts. The eco-design requirements for several energy-using products were
published.
Some progress can be reported regarding
procedural measures.
The Turkish legislation is
now partially aligned with the
acquis
in this area. There was no progress regarding cultural
goods and firearms.
‘Free movement of goods’ is one of the eight chapters covered by the conclusions on Turkey
adopted by the Council (General Affairs and External Relations) on 11 December 2006 and
endorsed by the European Council on 14/15 December 2006. As long as restrictions remain in
place on the free movement of goods carried by vessels and aircraft registered in Cyprus or
whose last port of call was in Cyprus, Turkey will not be in a position to fully implement the
acquis
relating to this chapter.
Conclusion
Some progress can be reported in the area of free movement of goods. However, technical
barriers to trade continue to prevent free movement of goods in violation of Turkey’s
obligations under the Customs Union. The delays in issuing GMP certificates and the problem
of data protection for pharmaceutical products need to be solved. The remaining import and
export licences and the restrictions on imports of used goods need to be abolished. Overall,
the preparations in this area are advanced.
4.2.
Chapter 2: Freedom of movement for workers
There have been no developments in the area of
access to the labour market.
There has been some progress as regards future participation in the
EURES
(European
Employment Services) network. The Turkish Employment Agency (ISKUR) has improved its
IT infrastructure and capacity.
Some progress can be reported in the area of
coordination of social security systems.
The
capacity of the Social Security Institution has been further strengthened.
There have been no developments with respect to the
European Health Insurance Card.
Conclusion
There has been little progress in the area of freedom of movement for workers. Turkey
increased its capacity with a view to future participation in EURES and coordination of social
security systems. Preparations in this area have been launched.
4.3.
Chapter 3: Right of establishment and freedom to provide services
No progress was recorded on the
right of establishment
and
freedom to provide cross-
border services.
A detailed alignment strategy has not been produced yet. As regards the
right of establishment, disproportionate requirements remain. In the field of freedom to
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provide cross-border services, no progress was observed. Registration, licensing or
authorisation requirements are still in place for service providers established in an EU
Member State who apply for work and residence permits in Turkey and there is no
mechanism to prevent further requirements from being introduced, something which
happened during the reporting period. Alignment with the Services Directive has not yet been
achieved, and no Point of Single Contact exists.
There is no progress to report on
postal services.
The draft postal law has still to be adopted.
The legal monopoly remains in place. In view of the legislative reform gradual market
opening is envisaged. Regarding administrative capacity, an independent regulatory authority,
whose establishment would ensure clear separation between regulatory and (postal)
operational functions, still needs to be established.
Limited progress can be reported on
mutual recognition of professional qualifications.
A
decree-law and its implementing regulation removed legal obstacles to the employment of
foreign doctors and nurses in Turkish private hospitals. Nevertheless, the nationality condition
still remains in force for the public sector. The requirements include Turkish language
proficiency, residence permits, and recognition of the equivalence of degrees and/or expertise.
There is still no differentiation between the recognition of professional and academic
qualifications. Furthermore, reciprocal recognition still applies to some regulated professions,
and nationality and excessive language requirements subsist.
‘Right of establishment and freedom to provide services’ is one of the eight chapters covered
by the conclusions on Turkey adopted by the Council (General Affairs and External
Relations) on 11 December 2006 and endorsed by the European Council on 14/15 December
2006. As long as restrictions remain in place on the free movement of goods carried by
vessels and aircraft registered in Cyprus or whose last port of call was in Cyprus, Turkey will
not be in a position to fully implement the
acquis
relating to this chapter.
Conclusion
Apart from the removal of legal obstacles to the employment of foreign doctors and nurses in
Turkish private hospitals, very little progress can be reported in this chapter and, overall,
alignment is at an early stage.
4.4.
Chapter 4: Free movement of capital
No progress can be reported on
capital movements and payments.
The study on the
potential impact of gradual liberalisation for the legal framework on real estate acquisition by
foreigners is ongoing. Turkey abolished the reciprocity principle for physical persons and
extended the number of eligible countries to 183 taking into account national interests and
bilateral relations. Although the eligibility list is not public, it seems that restrictions remain
for Greek citizens in coastal regions and in Istanbul, for Bulgarian citizens in the Turkish
Bulgarian border provinces as well as for Cypriot citizens. Turkey’s legislative framework in
this area is not in line with Article 63 of the Treaty on the Functioning of the European Union.
Turkey still needs to adopt an action plan for gradually liberalising the acquisition of real
estate by foreigners in line with the
acquis
and to demonstrate progress in the implementation
of gradual liberalisation.
Restrictions on foreign ownership persist in radio and TV broadcasting, transport, education,
and the privatisation of electricity distribution and generation assets. Considerable efforts are
needed to align the current legal framework on capital movements and payments with the
acquis.
No progress can be reported in
payment systems.
Limited progress has been made on alignment with the
acquis
in the
fight against money
laundering.
A draft law on the prevention of the financing of terrorism was submitted to the
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parliament but has not been adopted yet. The Financial Action Task Force (FATF) therefore
decided to keep Turkey on the list of jurisdictions with strategic Anti-Money
Laundering/Combatting the Financing of Terrorism (AML/CFT) deficiencies. Particular
deficiencies identified by the FATF are the lack of criminalisation of financing of terrorism
and the inadequate legal framework for identifying and freezing terrorist assets. In its public
statement in June 2012 the FATF noted that despite Turkey’s high political commitment to
work with the FATF to address its strategic CFT deficiencies, Turkey has not made sufficient
progress in implementing its action plan and certain strategic CFT deficiencies remain. The
FATF urged Turkey to address these deficiencies and announced that it would call upon its
members to apply counter-measures proportionate to the risks associated with Turkey if it
does not take significant action by October 2012.
In 2011 the Turkish Financial Crimes Investigation Board (MASAK), which serves as the
Turkish Financial Intelligence Unit (FIU), has signed Memoranda of Understanding on
exchange of information with counterparts in 6 countries (the United Kingdom, Canada,
Belarus, Finland, Australia and Monaco). In 2012 MASAK signed Memoranda also with the
United States, Belgium, Netherlands, Poland, Malaysia and Kosovo.
The number of suspicious transaction reports notified to MASAK in 2011 was 8,739,
significantly less than in 2010 and 2009, while the number of reports notified to MASAK up
to 9 April 2012 was 4,001. The reports originated mostly from the banking sector. The
number of suspicious transaction reports with regard to financing of terrorism increased to
219 in 2011, against 186 in 2010. Results with regard to convictions, confiscations, seizures
and freezing of assets remain limited.
MASAK continued providing training to examiners, judges, prosecutors and obliged parties.
However, MASAK’s own capacity needs to be further improved. Cooperation between
MASAK, law enforcement bodies and the judiciary has still to be strengthened.
Turkey has not ratified the Council of Europe Convention on Laundering, Search, Seizure and
Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS 198),
although it signed the Convention in 2007.
In July 2012 the Parliament abolished the system of Specially Authorised Courts. They will
be replaced by Serious Crimes Courts under the Anti-Terror Law. These new courts will also
deal with cases of laundering of criminal assets.
Conclusion
Limited progress has been made in the area of free movement of capital. Restrictions on
capital movements remain in place in a number of sectors, including on direct investments
originating from the EU. Enforcement capacity against money laundering and financing of
terrorism needs to be improved. The legal framework to combat financing of terrorism
remains incomplete and further, urgent efforts are needed as regards alignment with the
acquis
and the relevant FATF recommendations. Overall, preparations in this area remain at
an early stage.
4.5.
Chapter 5: Public procurement
There is no progress to be reported on
general principles.
No significant changes were made
in the legislative framework. Exemptions and domestic preferences still need to be addressed.
The National Strategy and Action Plan for Public Procurement, in draft status for two years,
has not yet been adopted. Utilisation of the domestic price advantage clause (15%) continued
to increase significantly in 2011. It was applied for 40% of the overall value of contracts
above the threshold (23% in the first semester 2011) and for 16% (8%) of the number of
contracts. However, while exemptions from the Public Procurement Law continued and
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distorted consistency and effectiveness of the Law, the value contracts rewarded outside the
Public Procurement Law dropped significantly from 19% to 8%. Aligning the scope of the
Public Procurement Law with the
acquis
is needed to ensure consistency of the legislative
framework.
Some progress can be reported with regard to the
award of public contracts.
The Public
Procurement Authority further improved the electronic public procurement platform (EKAP),
which currently covers public procurement processes such as notification, tendering, selection
and evaluation. An E-procurement Research and Development Centre was established at a
university in Ankara. The EKAP call centre has continued to provide advisory services to the
procuring entities. The Public Procurement Authority actively provided training. The
Authority also received professional assistance for training through the cooperation
agreements with prominent Turkish universities. The scope of training in public procurement
needs to be extended so that it can fully meet the needs of both contracting authorities and
economic operators.
The Ministry of Finance is responsible for coordinating policy formulation and
implementation. Shortcomings in its staffing and operational capacity relevant for the area of
public procurement have been addressed. The Public Procurement Authority and the Ministry
of Development also have the necessary capacity to carry out their mandate. Market
functionality and competition with regard to other stakeholders such as contracting entities
and economic operators in most sectors are satisfactory. The level of preparedness is high in
this area.
The Turkish public procurement legislation is not in line with the
acquis
in a number of
respects. Both the classical and utilities sectors are subject to the same law and procedures,
thus making the legislation for the utilities sector more restrictive than envisaged by the EU
Utilities Directive. Turkey needs to establish a more coherent legal framework for
concessions and public-private partnerships to enhance transparency and efficiency. The 2012
thresholds and financial limits for public procurement continue to be higher than those in the
EU. A draft alignment strategy for public procurement setting out milestones for full
alignment with the
acquis
has yet to be adopted.
No progress can be reported on alignment with the
Remedies
Directives. In comparison to the
previous year, the number of complaints lodged by dissatisfied tenderers increased by 9%,
from 4,281 to 4,670, whilst the overall number of tenders grew by 23%. The ratio of
complaints to the number of tenders was 3%, which suggests that the public procurement
system in Turkey is stabilising. However, the decree-laws adopted in August and November
2011 raise concerns about the independence of the Public Procurement Board from political
interference and about its functional autonomy. The implementation of these decree-laws
needs to be closely scrutinised. Turkey needs to align further its legislation on review
mechanisms with the
acquis.
Conclusion
Limited progress can be reported in the area of public procurement. The institutions are in
place and administrative capacity has improved. However, the draft alignment strategy,
comprising a time-bound action plan, needs to be adopted. Turkey needs to repeal derogations
that are not in line with the
acquis
and align further its legislation, particularly on utilities,
concessions and public-private partnerships. The organisation of the remedies system remains
to be reviewed. The preparations in this area are moderately advanced.
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4.6.
Chapter 6: Company law
Some progress can be reported on
company law.
After its adoption in February 2011, the new
Turkish Commercial Code (TCC) entered into force in July 2012. However, an amendment to
the new Code was adopted before its entry into force, addressing mainly the relations between
the shareholders and the company, transparency and the accounting system. Certain amending
provisions are not in line with the
acquis.
Some implementing legislation on the TCC has
been adopted. Preparations for online company registration continued, including preparations
to extend its pilot application to all chambers of commerce.
Further corporate governance principles have been issued by the Capital Markets Board
(CMB) and the principles have been made applicable to a larger number of companies. Rules
on the remuneration policy of brokerage houses have been amended in order to comply with
principles on independent directors and directors’ remuneration. Principles regarding merger
proceedings have also been amended. However, the new corporate governance principles
increase the state involvement in the corporate governance by giving more power to the CMB
to control companies. The new TCC is assigning a number of new tasks to commercial courts
with regard to enforcement of new company law rules, whilst the capacity of these courts still
remains insufficient. Professional business organisations, including chambers of commerce,
also need strengthening.
Some progress can be reported in the area of
corporate accounting.
The legal framework for
financial reporting is in place. Turkey adopted 40 Turkish Accounting and Financial
Reporting Standards (TAS/TFRSs), 22 interpretations of the Standards and TFRSs for SMEs.
They are fully aligned with the corresponding International Financial Reporting Standards.
TFRSs are applied by listed companies, banks, leasing, factoring and financing companies,
insurance, reinsurance and pension companies. The new TCC also requires other large capital
companies to apply TFRSs and these companies are to be audited by statutory auditors as of
January 2013.
A newly established Public Oversight, Accounting and Auditing Standards Authority took
over all tasks and assets of the dissolved Turkish Accounting Standards Board.
Turkey made significant progress in
auditing.
The Public Oversight, Accounting and
Auditing Standards Authority was established in November 2011 and became operational in
December 2011. The new authority is responsible for setting standards for auditing, drafting
code of conduct, and approving, registering and monitoring statutory auditors and audit firms.
It employs 50 staff, including inspectors working directly on public oversight of auditing.
This capacity needs to be further strengthened.
Conclusion
Good progress was made in the area of company law following the establishment of the
Turkish Accounting and Auditing Standards Authority. However, the capacity of the
commercial judiciary and business organisations needs strengthening in order to deal with the
changes made by the new legislation. Overall, Turkey is advanced in this area.
4.7.
Chapter 7: Intellectual property law
Some progress can be reported in the area of intellectual property law. Political will to
effectively enforce industrial property rights remains weak. The second meeting of the IPR
Working Group between the EU and Turkey was held in January 2012.
Concerning
copyright and neighbouring rights,
adoption of the draft Law on Intellectual
and Artistic Works is still pending. The re-structured Directorate-General for Copyright in the
Ministry of Culture and Tourism was put in charge of copyright issues. Eighteen new junior
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copyright experts were recruited. Stakeholder dialogue was further improved with regard to
copyright protection. The number of provincial inspection commissions was increased from
46 to 81 in 2011. These commissions received IPR training. Provincial inspection
commissions are working efficiently and specialised IPR police units conducted 3,229
operations in 2011. The number of suspects reached 3,678 and a total of 16,120 pirated items
were seized in these operations.
Some progress can be reported with regard to the implementation of
industrial property
rights.
The draft law on industrial property rights was opened for public consultation in
January 2012. Examination guidelines for trademarks, patents and industrial designs were
made public. The guidelines are expected to improve the consistency and coherence of
decisions while increasing the transparency and predictability of the services provided by the
Turkish Patent Institute (TPI) in terms of administrative protection of IPRs.
The TPI has strengthened its institutional capacity and contributed to the strengthening of the
administrative capacity of other enforcement bodies through tailor-made general and specific
training courses, study visits, consultation meetings and awareness-raising activities. It also
recruited 30 new junior trademark and patent examiners and a lawyer. Consistency between
the TPI’s final decisions and those of the IPR judiciary has further improved. The TPI signed
in January 2012 a memorandum of understanding with the Ministry of Culture and Tourism to
establish an IPR Law Academy. The Academy will be operational in 2013 and it will run the
TPI’s performance and training management system. The system aims to introduce standard
and professional vocational training for junior examiners.
There is still no regulatory framework for the supervision of the conduct of trademark and
patent agents.
No progress can be reported on
enforcement
issues. Turkey does not have criminal
enforcement measures for industrial property rights other than trademarks. Adoption of a law
on IPR enforcement procedures in line with the EU Enforcement Directive is needed. In 2,920
police operations, 3,238 individuals were suspected of industrial property rights infringements
following complaints by the right holders. Overall in 2011, over 6 million counterfeit items
were seized. The issues of return of counterfeit goods to the offenders, storage of the
confiscated materials by right holders, and difficulties in obtaining preliminary injunctions
remain unresolved.
The average time needed for decisions to be taken by civil and criminal IPR courts decreased
remarkably. IPR statistics were more accurately produced in 2011. However, judicial
enforcement needs further strengthening and the issue of expert witnesses needs to be
addressed.
Concerning IPR enforcement at customs, the centralised customs database and IT
management system are not effectively used at the customs points to prevent counterfeit
goods from entering the market. Online applications for customs seizures by right holders are
not possible yet and a risk analysis system is not being used for potential IPR infringements.
Seizures upon complaints by right holders increased whereas
ex officio
customs controls
remained low, particularly as regards large shipments. Turkey continues to be one of the main
countries from which goods suspected of IPR infringements enter the EU. IPR enforcement
capacity at customs needs to be strengthened, particularly with regard to export controls.
The Turkish national police carried out awareness-raising activities across the country on the
usage of unlicensed software, and several seminars and workshops on intellectual property
offences were held since December 2011. Such initiatives need to be encouraged and
addressed to a wider public. Overall, there is a need for more effective general awareness-
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raising campaigns on the risks of IPR infringements and the benefits of a better functioning
IPR system throughout the country.
Conclusion
Some progress can be reported in the area of intellectual property law. Updated laws
regulating intellectual and industrial property rights and a law on IPR enforcement procedures
in line with the
acquis
need to be adopted. Increasing the capacity of the judiciary and of the
customs administration with a view to more effective IPR enforcement is crucial. Combating
counterfeit goods also needs to be improved. Closer coordination and cooperation among IPR
stakeholders and public bodies is essential, as are general awareness campaigns on the risks of
IPR infringements. Turkey only partly addresses the priorities in this area.
4.8.
Chapter 8: Competition policy
There has been limited progress in the area of
anti-trust and mergers.
The Competition
Authority strengthened its enforcement record by adopting a number of decisions, e.g. in the
banking sector. In March 2012 it published its first Competition Report, highlighting
regulatory and other barriers to competition in 11 industry sectors. The Authority’s overall
administrative capacity remains high. It continued to uphold a satisfactory level of
administrative and operational independence and a commitment to high-level training for its
staff. However, a decree-law issued in late 2011 changed the rules for the appointment of its
Chairman and Deputy Chairman, which adds to concerns about the Authority’s ability to
preserve its independence, triggered in 2011 by a decree authorising the competent minister to
monitor and inspect the activities of the Competition Authority.
Banking mergers and acquisitions resulting in a combined sectoral market share of below
20% are still excluded from the Competition Act. Turkey still needs to align with the
acquis
on horizontal cooperation agreements and
de minimis
rules, as well as with rules on public
undertakings and undertakings enjoying exclusive and special rights. Turkey is at an advanced
level of alignment in the field of anti-trust and mergers.
No progress took place in the area of
State aid.
The State Aid Authority has continued to
develop its capacity. The legislation implementing the State Aid Law has been prepared, and
was originally scheduled to be enacted by the end of September 2011. However, a decree-law
issued in November 2011 extended this deadline to the end of June 2013. Moreover, a
significant incentives package, superseding the 2009 stimulus package, was published on 19
June 2012. This new package, together with the free zones regime, remains one of several
schemes in need of alignment with Customs Union rules. The State Aid Authority still needs
to establish a formal State aid inventory and an action plan for aligning all State aid schemes
with the
acquis.
Conclusion
Limited progress can be reported in this chapter. Turkey enforced anti-trust and merger rules
effectively. However, recent legal developments raise concerns as to the Competition
Authority’s ability to continue carrying out its operations independently. No progress has
been made in the area of State aid, while a number of existing State aid practices conflict with
Customs Union rules. The State Aid Law remains ineffective in the absence of implementing
legislation. Alignment is advanced in the area of mergers. In the field of State aid, the country
is not yet sufficiently prepared.
4.9.
Chapter 9: Financial services
There has been some progress in the areas of
banks and financial conglomerates.
Basel II
standards have become compulsory for the banking sector as of 1 July 2012. According to the
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latest Quantitative Impact Study conducted by the Banking Regulatory and Supervisory
Authority (BRSA), full implementation of Basel II is expected to result in a 1.5 percentage
points decline in the banking sector’s capital adequacy ratio. Turkey aligned its rules on the
secrecy of information shared by foreign supervisory authorities. This facilitated discussions
with the EU authorities to agree on a new Memorandum of Understanding (MoU) to improve
cooperation. The number of MoUs signed reached 33.
Limited progress can be reported on
insurances and occupational pensions.
With 48
insurance companies as members, the out-of-court dispute settlement system now serves 94%
of the sector. No progress can be reported in the establishment of an independent regulatory
authority for the sector. Minimum amounts of cover in third-party liability insurance for
motor vehicles are still low vis-à-vis the EU.
Turkey enjoys a high level of alignment with the
acquis
on
financial market infrastructure.
There has been limited progress in the areas of
securities markets and investment services.
Activities to improve financial literacy continued. More efforts are needed in the areas of
undertakings for collective investment in transferable securities (UCITS), market abuse and
the investor compensation scheme.
‘Financial services’ is one of the eight chapters covered by the conclusions on Turkey adopted
by the Council (General Affairs and External Relations) on 11 December 2006 and endorsed
by the European Council on 14/15 December 2006. As long as restrictions remain in place on
the free movement of goods carried by vessels and aircraft registered in Cyprus or whose last
port of call was in Cyprus, Turkey will not be in a position to implement fully the
acquis
relating to this chapter.
Conclusion
There has been some progress in the area of financial services. Basel II standards have
become obligatory for the banking sector. More efforts are needed, particularly in the areas of
securities markets and investment services, and in the insurance sector. Overall, preparations
in the area of financial services are well on track.
4.10.
Chapter 10: Information society and media
Some progress can be reported in the field of
electronic communications and information
and communications technologies (ICT),
while further efforts are needed to bring the
legislation into line with the
acquis,
in particular regarding the provisions on market access
and interconnection, regulation of retail tariffs, spectrum management and universal service
obligations.
Good progress continued as regards adopting regulations to improve competition and
transparency in the market and implementing competitive safeguards. The Information and
Communication Technologies Authority (ICTA) has commenced its third round of market
analysis. A communiqué was published in February 2012 to improve the service quality of
internet service providers. Fixed number portability and wholesale line rental became
operational in early 2012. Tariff rebalancing is advanced. There has been progress on
enabling national roaming and access for mobile virtual network operators, and an
implementing regulation on authorisation of broadband wireless access services operators has
been adopted. As for regulation of the next generation access networks, in October 2011
ICTA excluded fibre from market analysis for the next five years or until the percentage of
fibre-based subscriptions reaches 25% of all fixed broadband subscriptions. The incumbent’s
reference offer, as approved by ICTA, includes the terms and conditions of facility sharing,
and it has committed to provide wholesale and bitstream services over its fibre network on a
non-discriminatory basis. At the same time, the fees collected from operators to finance
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ICTA’s activities are disproportionately high compared to its expenses, and the surplus funds
are directed to purposes other than covering the costs of regulation.
There are three competing mobile operators in the country, whereas the fixed telephony and
fixed broadband sectors remain dominated by the incumbent. While the fixed broadband
penetration rate per population increased only very slightly (reaching 10.7% at the end of
2011), the mobile broadband penetration increased significantly (reaching 6.7%). The
communications taxes imposed on mobile services remain high compared to the taxes on
fixed telephony. Operators also face difficulties in acquiring rights-of-way to deploy
mobile/wireless networks.
No progress can be reported in
information society services.
Turkey has not signed the
European Convention on the legal protection of services based on conditional access. The
discrepancies between the law on electronic signature and the EU Directive remain to be
aligned. The draft laws on data protection and e-commerce are still pending. The law on
internet content and providers needs to be brought into line with international standards
protecting freedom of expression. Starting from November 2011, ICTA imposed an obligation
on internet service providers to offer customers, upon request, a free-of-charge internet
filtering service (with child and family profiles).
Good progress can be reported in
audiovisual policy.
A number of implementing regulations
were adopted following the entry into force of the 2011 Supreme Board of Radio and
Television (RTÜK) Law aiming at alignment with the Audiovisual Media Services Directive.
But the Broadcasting Law does not address the issue of jurisdiction, with RTÜK still having
the authority to regulate foreign broadcasters and failing to align with the definition of
European works. Frequency planning studies for radio frequencies and TV channels
continued. The target date to finalise the frequency tender for digital television multiplex
capacity is set for March 2013. The switch-off date for analogue broadcasting is March 2015.
The switchover to digital broadcasting is scheduled for June 2015.
Regarding broadcasts in languages and dialects other than Turkish, private broadcasters
continued their broadcasts without restrictions on content, time limits or
subtitling/consecutive translation requirements. The number of broadcasters in languages
other than Turkish increased to 25. The languages used are Kurdish and Arabic. Commercial
considerations, technical difficulties and lack of human resources are the main obstacles to
broadcasts at national level.
In order to ensure transparency of the Council’s decisions, RTÜK makes them public.
Sanctions were issued against broadcasters for violating the rules on the protection of minors
and rules on commercial communication. Certain decisions of RTÜK continue to raise
concerns as to the broad interpretation of certain legal provisions, especially as regards
obscenity and the principle of the protection of family, national and moral values. (See
section
on Freedom of expression)
Conclusion
Progress can be reported in the area of information society and media. However, alignment
with the EU framework on electronic communications remains limited, in particular on
authorisation and market access. Continued efforts are required for further alignment of
legislation on information society services. The provisions of internet content that might
potentially limit the freedom of expression and a too broad interpretation of certain legal
provisions, especially as regards sanctions against broadcasters, raise concerns. Preparations
in this area are moderately advanced.
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4.11.
Chapter 11: Agriculture
Limited progress can be reported on
horizontal issues.
The Ministry of Food, Agriculture and
Livestock has significantly increased the number of staff dealing with EU-related issues, to
develop the relevant administrative capacity necessary to align with the Common Agricultural
Policy (CAP), including in the area of agricultural statistics and the Farm Accountancy Data
Network (FADN). However, legislative alignment with the CAP remains limited. Turkey
continues working on its strategy for agricultural statistics, which has still to be adopted.
Regarding direct support to producers, Turkey has not yet prepared a strategy for adjusting its
agricultural support policy to the CAP. The agricultural budget for 2012 represents
a continuation of the recent trend. The overall budget has increased, including rises in area
and headage payments coupled to production, whilst deficiency payments have fallen.
Limited progress has been observed in preparation of the Integrated Administration and
Control System (IACS) despite some efforts to develop the Land Parcel Identification System
(LPIS).
There was some progress on the import ban on live cattle, beef meat and derivative products,
leading to a significant increase in the volume of EU exports. However, a de facto ban
remains for certain EU Member States. Further efforts need to be made by Turkey in order to
fully implement its bilateral obligations under the trade agreement for agricultural products.
Regarding
common market organisation,
some progress can be reported in the fruit and
vegetable sector, with the adoption of significant legislation regulating producer associations
and trade in wholesale markets. However, no progress has been noted for the other sectors.
Some progress has been observed regarding
rural development.
Turkey achieved conferral
of management of EU funds under the Instrument for Pre-Accession Assistance in Rural
Development (IPARD) for a further three provinces, taking the total to 20. The
implementation rate is slow and Turkey set up a plan for improving the absorption of IPARD
funds. The IPARD Agency has recruited an additional 988 personnel for the additional 22
provinces, which brings the total to more than 1,950 staff. The number of staff of the
Managing Authority has increased but the position of the Authority in the Ministry’s
hierarchy needs to be strengthened to increase its access to decision-makers and to improve its
effectiveness. There is no progress to report on
quality policy
and very limited progress on
organic farming,
where some implementing legislation was adopted.
‘Agriculture and rural development’ is one of the eight chapters covered by the conclusions
on Turkey adopted by the Council (General Affairs and External Relations) on 11 December
2006 and endorsed by the European Council on 14/15 December 2006. As long as restrictions
remain in place on the free movement of goods carried by vessels and aircraft registered in
Cyprus or whose last port of call was in Cyprus, Turkey will not be in a position to fully
implement the
acquis
relating to this chapter.
Conclusion
Limited progress has been made on alignment in the area of agriculture and rural
development. The capacities relating to agricultural statistics and FADN have increased.
Implementation of the pre-accession rural development programme has improved but
intensive efforts are required to ensure adequate absorption of the funds. The de facto import
ban on live cattle, beef meat and derivative products has not been fully lifted and there remain
no strategies in place for the reorientation of agricultural support, nor for agricultural
statistics. Preparations in the area of agriculture and rural development are not very advanced.
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4.12.
Chapter 12: Food safety, veterinary and phytosanitary policy
Some progress has been observed on
general food safety
issues, in particular on alignment
with and implementation of the
acquis.
A large number of regulations implementing the
framework law on veterinary services, plant health, food and feed have been put into effect,
some of which introduced transitional periods until their entry into force.
Concerning
veterinary policy,
progress has been made on alignment with and
implementation of the
acquis.
A number of regulations have been adopted in the area of
control systems for imports, which is an important step in the alignment in this area.
However, further efforts are needed for full implementation in line with the
acquis.
No
progress has been observed on achieving the full functionality of three land and two seaport
border inspection posts (BIPs), as well as the BIP at Sabiha Gokcen Airport in Istanbul.
Veterinary and phytosanitary controls need to be stepped up at the BIPs.
Turkey made further efforts on identification and registration of animals and control of their
movements. It has put into force a regulation governing the methods and principles of work
and inspection of live animal traders, a regulation on internal movements of live animals and
animal products, and a regulation on rules and procedures for the authorisation and inspection
of livestock markets. Efforts continued in the area of identification and registration of bovines
and their movements. However, full functioning of the system in line with the
acquis
still
needs to be ensured. Implementation of the identification and registration of ovine and caprine
animals has continued and the regulation concerning identification, registration and
monitoring of ovine and caprine animals has come into force.
Turkey has kept up its fight against animal diseases. Several implementing regulations on
combating diseases have come into force. The combat against foot-and-mouth disease (FMD)
has continued. Turkey continued an intensive vaccination programme along with strict animal
movement controls between Thrace and Anatolia. However, the status of an FMD-free zone
with vaccination in the Thrace region was temporarily suspended. An increased number of
FMD outbreaks in Anatolia due to insufficient control of internal animal movements is a
matter of serious concern. Limited steps have been taken as regards transmissible spongiform
encephalopathies (TSEs). A regulation concerning the protection and fight against TSEs has
been adopted, but significant efforts are still needed for full alignment with and
implementation of the
acquis
in this area. Turkey continued to notify animal diseases.
A regulation concerning the animal health requirements applicable to non-commercial
movements of pet animals has entered into force. However, overall progress in this area has
remained limited. Progress has been observed as regards the implementation and follow-up of
the national residue monitoring plan and the control of veterinary medicinal products. The
scope of testing has been extended. A regulation concerning the measures to be taken to
monitor certain materials and their residues in live animals and animal products has come into
force.
(See
Chapter 11 — Agriculture and Rural Development for the de facto import ban on live
cattle, beef meat and derivative products)
Turkey adopted a number of regulations in the area of zootechnics. Some progress has been
made on alignment with the animal welfare
acquis,
relating to animal welfare during transport
and on farm. However, further structural and administrative efforts are required for the full
implementation of the
acquis
in this area.
Progress has been observed as regards
placing on the market of food, feed and animal by-
products.
Turkey carried out intensive training and continued implementing annual
inspection and monitoring programmes. Some progress has been made in developing a
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national upgrading plan for agri-food establishments. The implementation of the new rules for
the registration and approval of food establishments requires significant efforts. In legal
terms, progress was also made on alignment with the hygiene package. However,
implementation requires strengthened administrative capacity, to carry out more effective
official controls, including those for animal products. The recent establishment of a risk
assessment unit, scientific committees and commissions within the responsible ministry aims
to support and strengthen a scientific risk-based advisory system.
Regarding rules for animal by-products, a regulation on animal by-products not intended for
human consumption has been adopted. However, further efforts are required to adapt the
sector and achieve full implementation. No progress is observed as regards funding of checks.
Progress has been made on
food safety rules.
Legislative alignment and implementation have
advanced on a range of issues, such as labelling, additives and purity criteria or flavourings.
Further studies are needed in the area of food contact materials. Alignment in the area of food
supplements, food enzymes and novel food has not yet been completed. Regarding
specific
rules for feed,
progress has been observed on alignment with the
acquis.
Regulations on the
placing on the market and use of feed, and on methods of sampling and analysis for the
official control of feed have been brought into force.
Some progress has been made on alignment with the
acquis
in
phytosanitary policy.
A new
regulation on plant quarantine and implementing legislation on certain harmful organisms
have been adopted. A new regulation on the registration and monitoring of plant protection
products (PPPs) used in plant production bans 159 active substances whose use is not allowed
in the EU. Implementation of a plant passport system and registration of the operators has
started for all species. Progress in the area of seed and propagating materials remained very
limited. However, a circular on the implementation of seed imports has created trade
disruptions. Limited progress can be reported on
genetically modified organisms (GMOs).
Laboratory capacity in this area has been improved.
Conclusion
Some progress has been made in the field of food safety, veterinary and phytosanitary policy.
However, further efforts are required to advance towards full alignment with the
acquis.
Significant efforts are needed on upgrading agri-food establishments to EU standards, control
of animal movements, animal health, especially the fight against foot-and-mouth disease, and
animal by-products. Overall, preparations in this area are at an early stage.
4.13.
Chapter 13: Fisheries
Some progress can be reported in terms of administrative capacity following the restructuring
of the Ministry of Food, Agriculture and Livestock and the establishment of a separate
Directorate-General for Aquaculture and Fisheries. The number of staff has increased and
their internal training has continued. However, there has been no progress on alignment with
the fisheries
acquis.
Some progress can be reported as regards
resource and fleet management.
A communiqué
on support to the fishing vessel owners who withdraw their vessels from fishing has been
published. The functionality and scope of the Fisheries Information System (FIS) has been
further enhanced to cover registration of recreational fishers, issuing of special fishing permits
and inspection forms, input of biological data collected for anchovy, and collection of
fisheries and aquaculture statistics. This data is shared with EU scientists in the framework of
the Scientific Technical and Economic Committee for Fisheries Expert’s Working Group for
the Black Sea. Implementation of the action plan on anchovy has progressed. Preparation of
national action plans for fisheries and aquaculture and their effective implementation are
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crucial for sound, integrated and sustainable fisheries management. There has been an
improvement in aquaculture production.
One fisheries port office has been built and equipped, increasing the total number to 41. A
Fisheries Communiqué on commercial and recreational fishing, which lays down the
provisions on fisheries prohibitions, restrictions and obligations, has been published. The
communiqué, covering the period 2012-2016, aims to ensure sustainable exploitation of
fishing resources.
There has been some progress in the area of
inspection and control.
As regards the fisheries
control policy within the context of the International Commission for the Conservation of
Atlantic Tunas (ICCAT), the cooperation between Turkey and the European Commission has
been enhanced through the Fisheries Dialogue Group. There has been a slight increase in the
number of inspections. However, further efforts are required to ensure sustainability of the
fish stocks. The Fisheries Dialogue Group also discussed the adoption of common positions in
the Framework of the General Fisheries Commission for the Mediterranean (GFCM).
No progress can be reported on
structural actions, market policy
and
State aid.
Concerning
international agreements,
progress has remained limited. Some
recommendations of ICCAT on bluefin tuna (BFT) and swordfish have been transposed into
national legislation and their implementation is progressing. The number of authorised BFT
vessels has been reduced from 17 to 11. However, additional actions, e.g. to improve
monitoring and ensure sustainability, are needed for full compliance with ICCAT
requirements. Turkey signed bilateral fisheries agreements with Morocco and Ukraine.
Turkey has also become a member of the Central Asian and Caucasus Regional Fisheries and
Aquaculture Commission. As the United Convention on the Law of the Sea (UNCLOS)
provisions are implemented in a number of Community policies, including the Common
Fishery Policy, ratification of UNCLOS by Turkey would improve cooperation with the EU
in the area of fisheries and maritime policy.
‘Fisheries’ is one of the eight chapters covered by the conclusions on Turkey adopted by the
Council (General Affairs and External Relations) on 11 December 2006 and endorsed by the
European Council on 14/15 December 2006. As long as restrictions remain in place on the
free movement of goods carried by vessels and aircraft registered in Cyprus or whose last port
of call was in Cyprus, Turkey will not be in a position to fully implement the
acquis
relating
to this chapter.
Conclusion
Overall, some progress has been made in the field of fisheries, not least on administrative
capacity, resource and fleet management, inspection and control, and international
agreements. However, additional efforts are needed on legislative alignment, structural action,
market policy and State aid. Overall, the alignment in this area is not very advanced.
4.14.
Chapter 14: Transport policy
The Ministry of Transport was restructured in November 2011 to become the Ministry of
Transport, Maritime Affairs and Telecommunications (MoTMC). The restructuring
strengthens the regulatory character of the Ministry.
There has been some progress in the area of
road transport.
A new Directorate-General for
Road Transport Regulation has been established. Preparatory work towards alignment of
driver licences with EU standards is almost finished in view of adopting a new law.
Implementation of the digital tachograph system works efficiently and is in compliance with
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the European Agreement concerning the work of Crews of Vehicles engaged in International
Road Transport (AETR).
Regulations on work and rest periods, driver training and roadside technical checks on
commercial vehicles have been adequately implemented, but institutional and technical
capacities are key issues for ensuring smooth implementation. Concerning road safety,
important efforts have been made to scrap commercial vehicles manufactured before 1986,
almost doubling last year’s amounts. However, Turkey needs to align with the
acquis
on
admission criteria for road transport operators and access to the road haulage market.
There has been little progress in
rail transport.
A new Directorate-General for Railways
Regulation (DGRR) has been established. Rail transport reform still requires the adoption of a
more comprehensive railway law. In particular, regarding the railways reform agenda,
important strategic decisions are pending at ministerial level. The Turkish State Railways
(TCDD) did not start cost-based accounting and there is no public service obligation system
in place. The financial situation might also be under pressure due to lack of monitoring of
operational costs and the ambitious high-speed train investment programme. A safety
management system for the TCDD and also national safety rules are under preparation. A
safety authority and an accident investigation body have not been established yet. Legal
alignment requires further efforts.
No progress can be ascertained concerning
inland waterways transport,
although Turkey
has commercial operations on the lake Van and Ataturk dam, and therefore it needs to comply
with the relevant
acquis.
Turkey is a candidate to join the Belgrade Convention regarding
navigation on the Danube, which would also require Turkey’s
acquis
compliance.
There is little progress in
combined transport,
although a new Directorate-General for
Combined Transport and Dangerous Goods has been established.
In the area of
air transport
progress can be reported in aligning with the
acquis.
A dialogue
has been established addressing Turkey’s wish to fully integrate into the EU aviation system,
with a special attention to safety including participation in the work of the European Aviation
Safety Agency (EASA) and joining the Single European Sky. However, the signature of the
horizontal aviation agreement between the EU and Turkey is still pending.
The Civil Aviation Authority (DGCA) approved regulations on passenger rights, reservation
systems, continuing airworthiness, oversight at air traffic management, management system
and risk assessment and mitigation by air navigation service providers, performance based
navigation approach operations, and minimum health requirements of cabin crew. The DGCA
has also increased its capacity to cope with the traffic growth.
It must be recalled that the lack of communications between air traffic control centres in
Turkey and the Republic of Cyprus is seriously compromising air safety in the Nicosia flight
information region. Currently there are no developments concerning the exchange of flight
data and requirements for the application of a flight message transfer protocol between air
traffic control units. A technical solution needs to be sought to resolve the safety issues. Air
traffic management is still suffering from a lack of regional cooperation. An operational
solution needs to be found urgently.
Good progress can be reported in the field of
maritime transport.
The Undersecretariat for
Maritime Affairs issued regulations on protection and insurance of hazardous and noxious
substances (HNS). Turkey has become a party to numerous agreements, the most relevant
regarding EU legislation being AFS 2001 (International Convention on the Control of
Harmful Anti-fouling Systems on Ships), FAL 1965 (Convention on Facilitation of
International Maritime Traffic), Hong Kong SRC 2009 (International Convention for the Safe
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and Environmental Sound Recycling of Ships) and MARPOL Annex VI (International
Convention for the prevention of pollution from ships). Establishment of vessel traffic
management systems (VTMS) for the ports of Kocaeli, Mersin,
İzmir
and
İskenderun
is still
ongoing. Emergency response preparedness and handling of dangerous goods are areas that
call for increased attention.
No special
acquis
alignment is required for
satellite navigation,
as regulations will take
direct effect upon accession. There is a good level of cooperation with Turkey in the EU
global navigation satellite system programmes.
‘Transport policy’ is one of the eight chapters covered by the conclusions on Turkey adopted
by the Council (General Affairs and External Relations) on 11 December 2006 and endorsed
by the European Council on 14/15 December 2006. As long as restrictions remain in place on
the free movement of goods carried by vessels and aircraft registered in Cyprus or whose last
port of call was in Cyprus, Turkey will not be in a position to fully implement the
acquis
relating to this chapter.
Conclusion
There is some progress in alignment of the transport sector. Turkey needs to align to the
recent EU legislative packages in maritime and rail transport. Further efforts are needed in the
areas of human resources and technical capacity to apply the
acquis,
especially in the fields of
dangerous goods and emergency response preparedness in maritime transport. The lack of
communication between air traffic control centres in Turkey and the Republic of Cyprus is
seriously compromising air safety. Overall, preparedness in the transport chapter is
moderately advanced.
4.15.
Chapter 15: Energy
Some progress can be reported regarding
security of supply.
Turkey and Azerbaijan signed
an intergovernmental agreement on the sale and transit of natural gas through Turkey to
Europe in October 2011. A Memorandum of Understanding followed in December 2011,
establishing a consortium to build and operate the ‘Trans-Anatolian Pipeline’ (TANAP),
which aims to carry 16 billion cubic metres (bcm) of Azeri gas from the Shah Deniz II field
between the easternmost and westernmost provinces of Turkey. In June 2012 both countries
signed an agreement establishing the rights and obligations of both parties to implement
TANAP. The Turkish Petroleum Pipeline Corporation (BOTAS) and China’s Tianchen
Engineering (TCC) signed a contract in November 2011 with a view to building a 1 bcm
underground natural gas storage facility in Central Anatolia. Turkey and the Russian
Federation signed a set of energy agreements in December 2011, including approval of the
construction of the South Stream Natural Gas Pipeline under the Black Sea through the
Turkish economic exclusive zone and the extension of the Russian West line contract for one
additional year.
Studies on and construction of electricity interconnections with neighbouring countries
continued. No development can be reported on a fair and non-discriminatory rule for gas
transit. Instead of establishing an Oil Stock Agency (as previously planned), a new
department responsible for oil stocks was established within the framework of the General
Directorate of Petroleum Affairs. Turkey has the potential to play a pivotal role in
diversifying resources and routes for oil and gas transit from neighbouring countries to the
EU.
Regarding the
internal energy market,
some progress can be reported on electricity. The
Turkish Energy Market Regulatory Authority (EMRA) published implementing regulations to
improve competition and market supervision. An implementing regulation on auditing and
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inspection of the electricity generation and distribution companies was published in October
2011. The regulation on unlicensed generation of electricity in the electricity market, which is
designed to promote investments by small-scale consumers, was amended and a new
communiqué to enhance investments was published in March 2012. The threshold for eligible
consumers was further reduced to 25,000 kWh for 2012, which corresponds to a theoretical
market opening of 77%. Day-ahead market operations were initiated in December 2011. The
privatisation of the electricity distribution assets slowed down due to bidders’ payment
difficulties, which also caused delays in privatising generation plants. One of the five
distribution companies was privatised. However, the Privatisation Administration re-launched
tenders for the three distribution companies and a major gas power generation plant in August
2012.
Limited progress can be reported in the elimination of cross-subsidies between consumers, in
particular on the wholesale and retail electricity market. Although an automatic, cost-based
pricing mechanism for end-users is in place, changes in actual costs are not always reflected
in prices charged to end-users. The independence and the institutional capacity of the
regulatory authority need strengthening. Further efforts are necessary throughout the sector to
align with the
acquis
and to ensure effective implementation and enforcement of the
legislation.
There has been some progress in the gas market. The Ministry of Energy and Natural
Resources (MENR) initiated studies for amending the natural gas market law. EMRA
published an implementing regulation on the selection criteria for underground gas storages.
The eligibility threshold was further reduced to 300,000 m
3
for 2012. EMRA’s natural gas
consumption forecast for 2012 is 48.5 bcm, representing a 9% increase compared to 2011.
The tendering process for gas distribution continued and the network was extended to 69
provinces out of 81. The privatisation tender for the Ankara region continued. EMRA
published the tariff methodology for the tendered distribution regions in December 2011. No
progress can be reported on reducing BOTAS’ monopolistic market share, as the intended
replacement of BOTAS’ terminated contract with the Russian Federation by private sector
companies were unsuccessful and the contracts were prolonged by a year. EMRA is
evaluating the applications for import licences to import by the private sector of 6 bcm of
natural gas, replacing the Russian Federation contract upon its termination, and 3 bcm of
additional gas from Iraq.
Progress can be reported in the area of
renewable energy.
The new Directorate-General for
Renewable Energy (YEGM) within the MENR is responsible for renewable energy, energy
efficiency and managing energy information and technology. EMRA published an
implementing regulation identifying measurement standards for wind and solar licence
applications in February 2012 The regulation concerning the domestic manufacturing of
components used at plants generating electricity from renewable energy resources was
amended in July 2012. It specified the minimum domestic content requirements in equipment
and its components needed to obtain the incentives established in the Renewables Law. The
compliance with WTO or Customs Union trade rules of the incentive mechanism for
domestically produced equipment is questionable. EMRA also published two communiqués to
promote the use of renewable fuels produced from domestic agricultural products as an
additive for marketed gasoline and diesel fuels. However, the share of renewable energy
sources in electricity generation remained slightly lower than in the previous year.
Good progress can be reported in
energy efficiency.
An energy efficiency strategy was
published in February 2012, identifying a set of policies and implementing actions to reduce
Turkey’s energy intensity by at least 20% by 2023. The implementing regulation on
improving the efficiency of energy resource use was amended in October 2011, enhancing
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incentives for the industry and regulating the authorisation of energy efficiency consulting
companies. The implementing regulation for labelling and standard product information on
the consumption of energy and other resources by energy-related products was published in
December 2011. A set of new communiqués entered into force on eco-design
implementations. Developments on authorisations for energy efficiency services and energy
management programmes continued. A total of 8,000 energy performance certificates were
issued in 2011.
Uneven progress can be reported on
nuclear safety and radiation protection.
The Turkish
Atomic Energy Authority (TAEK) proposed a project to enhance the effectiveness and
efficiency of nuclear regulatory infrastructure, with a view to improving alignment with the
EU nuclear
acquis.
Turkey signed four memoranda of understanding with South Korea,
Japan, China and Canada for nuclear cooperation. Turkey has not yet acceded to the ‘Joint
Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste
Management’. No development can be reported on the adoption of a framework nuclear law,
which would ensure a level of nuclear safety in full compliance with EU standards; existing
applicable national legislation mainly covers protection against ionizing radiation and the
licensing of nuclear installations. Moreover, Turkey has not yet joined the European
Community Urgent Radiological Information Exchange (ECURIE) Agreement. Alignment
with the
acquis
of the existing regulations based on International Atomic Energy Agency
(IAEA) standards needs to be ascertained. Turkey needs to align as well with the recent
directives on nuclear safety of nuclear installations and on the responsible and safe
management of spent fuel and radioactive waste,
Conclusion
Some progress can be reported in the energy sector, especially as regards renewable energy
and energy efficiency. Further efforts are needed in the areas of natural gas, nuclear safety and
radiation protection, including responsible and safe management of spent fuel and radioactive
waste. Competition remains limited in the gas sector. The functioning of the cost-based
pricing mechanism in the electricity market needs to be improved whereas it remains to be
established in the gas markets. The independence and institutional capacity of the regulatory
authority need strengthening. Overall, in the area of energy, Turkey is at a moderately
advanced stage of alignment.
4.16.
Chapter 16: Taxation
No progress can be reported in the area of
indirect taxation.
Regarding
value-added tax,
Turkey re-introduced the super-reduced rate of 1% on a number of goods and services.
Introduction of the third VAT rate is a regressive move in terms of alignment of the tax
structure with the
acquis.
There is a need for further alignment with the
acquis,
particularly
regarding structure, exemptions, special schemes, and the application of reduced rates.
There has been some progress in the area of
excise
duties. In December 2011, Turkey further
reduced the Tobacco Fund levy on imported tobacco, in line with the 2009 Action Plan for
eventual elimination of discriminatory practices in taxation. However, Turkey’s June 2012
amendments to the Excise Tax Law are not fully in line with the
acquis,
as there are still
discrepancies in terms of the structure of the excise duty on tobacco and the calculation
system to determine taxed amounts. Also, the government has the possibility to set different
specific amounts in respect of certain characteristics of the tobacco or its packaging that could
be discriminatory and therefore non-compliant.
Concerning the taxation of alcoholic beverages, no progress can be reported. The excise
duties remain higher for imported products than for comparable domestic ones. In fact,
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Turkey has taken measures that run counter to the excise duty provisions of the 2009 Action
Plan.
Gradual elimination of discriminatory practices in taxation in line with the Action Plan is the
key to further progress under this chapter.
Structural discrepancies continue to exist between Turkish excise duty legislation and the
acquis.
Further efforts are necessary for alignment in this respect. Turkey needs to introduce a
duty-suspension regime for domestic movements and fiscal warehouses prior to membership.
There is no progress to be reported in the area of
direct taxation.
There has been good progress in the field of
administrative cooperation and mutual
assistance.
A regulation in October 2011 set out the operational structure of the Tax
Inspectors Board. The merger of the tax audit functions within the Ministry of Finance is a
positive step for ensuring consistency in tax audit planning and practices.
In the field of
operational capacity and computerisation,
good progress can be reported.
The Revenue Administration continued to reinforce the taxpayer services so as to enhance
voluntary compliance. In line with the Action Plan for Combating the Unregistered Economy
in Turkey, electronic registration of taxpayers started in April 2012. The Revenue
Administration carried out a self-assessment, which will guide the administration in
introducing a quality management system in its operations and relations with taxpayers.
Conclusion
There has been limited progress on legislative alignment under this chapter, especially on
eliminating discriminatory practices in the taxation of tobacco and on administrative
cooperation and operational capacity. However, discrepancies with the
acquis
continue to
exist. Further efforts are needed regarding excise duties on spirits to comply with the Action
Plan in reducing the differentials between imported and domestic products. Gradual
elimination of discriminatory practices is the key to further progress. No progress can be
reported on direct taxation. Overall alignment in this chapter is moderately advanced.
4.17.
Chapter 17: Economic and monetary policy
Some progress can be reported on
monetary policy.
Turkey’s level of alignment is advanced,
although incomplete. The Central Bank missed the inflation target of 5.5% by a wide margin,
as consumer price inflation climbed to 10.45% by the end of 2011. The Central Bank actively
used a wide range of policy instruments such as the interest rate corridor, reserve
requirements and foreign currency auctions and interventions. Portfolio outflows and
excessive depreciation of the lira led the Central Bank to widen the interest rate corridor,
reduce reserve requirements and sell foreign currency, calming the markets in due course.
The inflation target is jointly decided by the Central Bank and the government. The statute of
the Central Bank does not fully ensure its independence. Provisions on the investor protection
fund and discriminatory withholding tax rates applicable to public and private sector debt
instruments are not in line with the principle of the prohibition of privileged access by the
public sector to financial institutions.
There has been some progress on
economic policy.
The Medium Term Programme 2012–
2014 focuses on fiscal discipline and reducing Turkey’s large current account deficit. In
January 2012 Turkey submitted its 2012 Pre-Accession Economic Programme, which is
supported by a sufficiently comprehensive and broadly consistent macroeconomic framework.
However, it is somewhat optimistic, in particular with respect to the balance-of-payments and
inflation scenarios. The programme’s structural and institutional reform agenda covers a
broad range of issues, but is fragmented and insufficiently linked to the fiscal scenario, and
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only partly aligned with the reform requirements in view of the country’s EU accession
perspective. The capacity for economic policy formulation and coordination is adequate. In
the area of economic policy, Turkey’s overall level of preparedness is advanced.
Conclusion
There has been some progress on economic and monetary policy. The Central Bank actively
employed different instruments to ensure price and financial stability, albeit with mixed
results. Alignment with the
acquis
remains incomplete, particularly regarding the full
independence of the Central Bank and the prohibition of privileged access of the public sector
to financial institutions. The capacity for economic policy formulation and coordination is
adequate. Overall, Turkey’s level of preparedness is advanced.
4.18.
Chapter 18: Statistics
Good progress can be reported on
statistical infrastructure.
TurkStat published the Official
Statistics Programme for the period 2012–2016 and has embarked on a process of
streamlining statistical production in line with the ESS vision. Based on recommendations
from the peer review of May 2011 TurkStat developed instructions for access to micro-data,
which is an important step towards better usability of statistical information. The government
overhauled the institutional structure of TurkStat, which included establishing 500 new posts
at the operational level, with a view to strengthening institutional capacity. Preparations in
this area are already well advanced.
There has been progress in
classifications and registers.
TurkStat finalised the adaptation
work for all classifications and published data according to the new NACE rev2. A detailed
description for setting up the farm register and the methodology and organisational set-up for
the collection of agriculture statistics is missing. Preparations in this area are advanced.
Good progress has been made on
sectoral statistics.
Studies on the revision of national
accounts on the new base year and implementation studies for ESA2010 continued. Joint
studies with the Ministry of Finance on excessive deficit procedure notification tables and
government finance tables, and with the Central Bank and the Treasury on government
securities flows were completed. TurkStat signed a protocol with stakeholders to improve
agricultural statistics on crops. TurkStat carried out a population and housing census in 2011
using for the first time a combination of register based and survey data thus applying modern
ways of data collection reducing burden on respondents. Initial results from the census have
been published in January 2012 very soon after the census. Turkey still needs to submit key
national account indicators together with documentation on the methodology used.
Preparations in this area are moderately advanced.
Conclusion
Good progress has been made in the area of statistics. Further progress is needed, particularly
in national accounts, business statistics and in agriculture statistics. There is a good overall
level of alignment with the
acquis.
4.19.
Chapter 19: Social policy and employment
There has been no progress in alignment with the
acquis
in the field of
labour law.
In
general, the high prevalence of undeclared work, particularly in small enterprises and in
agriculture, continues to impede the effective application of the labour legislation in place.
The recruitment of staff to increase the administrative capacity of the Ministry of Labour and
Social Security (MoLSS) has continued. The Ministry has also taken steps to combat child
labour (See
also Political Criteria).
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In terms of legislative developments, there has been good progress in the field of
health and
safety at work.
In June 2012 the Parliament approved legislation aiming to align with the EU
Framework Directive on health and safety at work. However, the enforcement of the
legislation remains a key challenge. Despite some capacity building efforts, the lack of
engagement of social partners, the lack of awareness of employees and the negligence of
employers result in poor health and safety conditions, particularly in the informal sector. The
number and capacity of inspectors covering health and safety issues need to be stepped up.
The official statistics, which do not take into account the informal sector, reveal that there
were 62,903 occupational accidents in 2010, marginally less than in the previous year. Those
in the construction sector score the highest in terms of fatal accidents and the total number of
fatal accidents is well above the EU average. The data collection system for occupational
accidents and diseases needs to become fully operational. Training and guidance activities
targeting SMEs need to be intensified and expanded to all risky sectors nationwide.
There has been limited progress in the area of
social dialogue.
A new law on trade unions in
the civil service was adopted in April 2012, leading to the first collective bargaining exercise
in this sector. The final decision was taken through mandatory arbitration amid strong
criticism of the public servants’ trade union confederations. The law falls short of meeting EU
and ILO standards.
The law on collective labour relations regulating the private sector is still pending
parliamentary approval. High thresholds for entering into collective bargaining continue to
significantly restrict the possibility of collective agreements and consequently impede the full
exercise of the right to bargain collectively. Moreover, the lack of release of data on the
number of workers in each sector by the authorities has prevented the conclusion of any new
collective agreements for several months. Turkey excessively restricts the right to strike. In
May 2012 the government adopted a law excluding also workers in the civil aviation sector
from the right to strike. Following their protest against losing this fundamental right more
than 300 airline workers were fired. Increasing the number of activities in which workers are
deprived of this right takes Turkey a further step away from respecting full trade union rights
in line with EU and ILO standards. Turkey also excessively restricts the right to establish or
join trade unions as they cannot be set up along professional categories or in certain sectors,
for example for civilian staff working for the Ministry of Defence.
As a result of the restrictive legislative provisions and difficulties in exercising trade union
rights, the level of unionisation and the coverage of collective agreements remain very low,
estimated at 8% of the registered waged workers. The Turkish Economic and Social Council
has not convened since 2009.
There has been some progress on
employment policy.
The unemployment rate declined to
9% in 2011, and is in a downward trend following the vigorous recovery from the global
crisis. Youth unemployment has fallen significantly over the past year, whereas the quality of
employment still continues to be an issue. Overall employment and labour force participation
have increased. However, regional disparities persist with regard to employment and
participation rates, to the disadvantage of the southeast region. Women’s low participation
rate (28.8% in 2011), with marginal increases over the years, is still a concern.
ISKUR, Turkey’s Public Employment Service, has continued to improve its staffing levels,
particularly through recruiting job counsellors to provide individualised public employment
services. In 2011, about 16% of the registered unemployed participated in activation
measures. However, there are concerns that services are not reaching the most vulnerable
groups. The limited coverage of and restrictive eligibility conditions for unemployment
insurance remain to be addressed.
(See also Economic criteria)
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Turkey has adopted a second Action Plan to Fight the Informal Economy (2011–2013). The
Social Security Institution increased its efforts to promote registered employment and to
identify undeclared work through various means. The ratio of undeclared workers to the total
of all employed as measured by the Turkish Statistical Institute decreased by 3.3%, but it is
still close to 40%. Monitoring and evaluation of the impacts of strategic measures is weak.
There is a need to provide independent evaluations on labour market policies, as well as on
mechanisms such as the unemployment insurance and the wage guarantee fund. Policy debate
between the EU and Turkey on employment policies has continued but needs to be more
clearly structured and further enhanced.
Some progress can be reported as regards preparations for the
European Social Fund
(ESF).
The MoLSS, the Operating Structure responsible for the management of the IPA Human
Resources Development Operational Programme, has been accredited for tendering,
contracting and financial management of relevant EU-funded operations. In 2011, no funds
were lost through the automatic de-commitment rule. However, establishing an operations
pipeline remains a challenge, increasing the risk of non-absorption of funds for the future. A
more effective and sustainable monitoring and evaluation system needs to be established.
Evaluation of completed operations in the fields of employment and education needs
particular attention, taking into account the programme level indicators.
There has been little progress in the field of
social inclusion.
Efforts by the Ministry of
Family and Social Policies to provide more efficient social services under a single roof have
continued. However, a clear policy framework for social assistance and poverty alleviation
has not yet emerged. The population continues to be exposed to a high risk of poverty,
especially the rural population and children. In-work poverty also remains problematic. The
linkages between social services and the public employment service need to be strengthened.
The protocol of cooperation signed between relevant ministries is a positive step in this
direction. Home-based care services for the disabled and the elderly are expanding. Increasing
the employability of people with disabilities remains a challenge. Capacity to shape,
implement, monitor and evaluate policies, including targeted policies to reach the most
vulnerable, needs to improve. Policy debate between the EU and Turkey on social inclusion
and social protection policies has continued but needs to be more clearly structured and
further enhanced.
There has been some progress in the field of
social protection.
The number of people actively
insured rose by more than 9% between May 2011 and May 2012. The coverage of the social
security system rose from 84% to 86% in the same period. The mandatory General Health
Insurance System fully entered into force as of January 2012. The new system extends the
coverage of health insurance to the whole population, with contributions to be paid by the
individual or the state, based on results of a means test. The ‘green card’ system, which was
meant to cover citizens in poverty but prompted debates concerning fair distribution, is
consequently abolished. However, the social security system has reported increasing deficits
due, largely, to increased health expenditures. Efforts to register undeclared workers, to
prevent under-declaration of salaries, and to boost the efficiency of the system, including
through active ageing policies, need to be stepped up in order to tackle the deficit of the
pension system. In general, Turkey achieved progress on the adequacy and sustainability of
health insurance. Efforts should continue in this area and they need to be stepped up for the
other pillars of social protection.
No progress can be reported with regard to
anti-discrimination.
The draft legislation does
not address all grounds of discrimination covered by the
acquis.
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There has been little progress in the field of
equal opportunities
between women and men.
The Turkish labour law is not applicable to situations prior to the labour contract, increasing
the risk of discrimination during recruitment, coupled with the lack of a complaint
mechanism. There is a remarkable difference between the figures for men and women with
regard to employment as an unpaid family worker, which is mostly prevalent in the
agriculture sector. The female employment target in the draft national employment strategy
(35%) is less than ambitious. Measures on improving the work-life balance are not fully in
place, and the existing ones mainly focus on women rather than a gender mainstreaming
approach. Full enforcement of the principle of equal pay for equal value of work needs to be
stepped up, also in those sectors not covered by the labour law. The gender gap in trade union
activity and in economic and political decision-making persists. More efforts are needed to
combat honour killings, domestic violence and forced marriages. A full gender mainstreaming
approach in policy and law-making has yet to be developed across the public administration.
The equality body required by the
acquis
has not been created. Preparations in this area are at
an early stage.
Conclusion
Some progress, albeit uneven, has been achieved in the field of social policy and employment.
Administrative capacity improved, social security coverage was extended and new legislation
on health and safety at work and trade union legislation for public servants was adopted.
However, trade union rights for workers and public servants still fall short of meeting the EU
and ILO standards. Further efforts are needed to put in place a clear policy framework on
poverty reduction, reduce labour market segmentation, combat undeclared work and increase
employment rates of women and people with disabilities. Overall, legal alignment is
moderately advanced.
4.20.
Chapter 20: Enterprise and industrial policy
Turkey made some progress with regard to
enterprise and industrial policy principles.
An
Industrial Strategy and Action Plan (2011-2014) was adopted in 2011, thus meeting the key
requirement for alignment in this area. Turkey reported an 85% success rate in implementing
the actions planned in the strategy for the first year. This rate is based on the completion of
activities but no impact assessment has so far been carried out.
In August 2012, the Coordination Council for Improvement of the Investment Environment
(YOIKK) issued an Action Plan for 2012-2013. Turkey continued implementing the SME
Strategy and Action Plan approved for 2011-2013. A large number of regulations were
adopted in April 2012 in order to cut red tape in business start-ups. An amending law on land
registry, published in May 2012, abolished the country-based reciprocity principle for natural
persons. The list of eligible countries whose citizens can purchase real estate in Turkey
remains to be decided by the government. After revisions, the draft Turkish Commercial Code
entered into force on 1 July 2012. Turkey completed the assessment process for the Small
Business Act together with the Western Balkans and the EU, with successful results
particularly on small entrepreneurship and responsive administration. In order to promote
entrepreneurship culture in society, Turkey established an Entrepreneurship Council
consisting of business NGOs and Ministries.
Some progress was made with respect to
enterprise and industrial policy instruments.
In
order to facilitate SMEs’ access to finance, the capital structure of the Guarantee Fund
Corporation was improved and its branches expanded. The number of technology
development zones increased to 43 in 2011, of which 32 are currently operational. These
zones host a total of 1,730 companies with more than a thousand new R&D projects carried
out in 2011. However, no new patent registration has been facilitated within these zones. The
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Ministry of Science, Industry and Technology continued its Industrial thesis (SAN-TEZ) and
Techno-initiative capital support programmes. The Scientific and Technological Research
Council of Turkey (TÜBİTAK) is now affiliated to the Ministry of Science, Industry and
Technology and is expected to further bridge the gap between scientific research and
industrial development. Turkey provided support totalling € 153 million to Turkish
enterprises in 2011 and 2012 for R&D and innovation projects. The Supreme Council on
Science and Technology issued 8 new decrees in December 2011 setting targets and priorities
for the national innovation system, the development of innovation and R&D tools for
entrepreneurs, the integration of entrepreneurial training into the whole education system
starting from basic education, supporting the start-up of R&D-intensive companies and
increasing national patent applications.
KOSGEB, the SME Development Organisation, continued supporting Turkish SMEs under
five different programmes according to a project-based approach. KOSGEB disbursed a total
of about € 80 million in 2011 for these programmes, excluding interest-rate subsidy
operations. Its budget has been considerably increased for 2012 so that it can have a greater
outreach. In addition, Turkey continued providing loan programmes for SMEs via various
banks with interest rate subsidy support from KOSGEB and via Halkbank. The total portfolio
disbursed in 2011 under these loan programmes was about € 8.8 billion. Turkey continued to
participate in the EU Entrepreneurship and Innovation Programme and is an active member of
the Enterprise Europe Network. Turkey won a prize at the Enterprise Europe Award with a
project on promoting the entrepreneurial spirit. Turkey performs well by developing measures
to promote opportunities for SMEs in the framework of the Competitiveness and Innovation
programme.
Some progress has been made in
sector policies.
The Ministry of Science, Industry and
Technology adopted sector strategies on chemicals, ceramics, iron and steel and non-ferrous
metals. Turkey adopted an Export Strategy and Action Plan in June 2012.
Conclusion
Turkey has made progress in the area of enterprise and industrial policy principles and
instruments and in the adoption of sectoral strategies. Turkey has a sufficient level of
alignment in this area.
4.21.
Chapter 21: Trans European Networks
There has been some progress in the area of
transport networks.
The Trans-European
Transport Network (TEN-T) in Turkey has been defined according to the new TEN-T rules
and was included in the revised EC proposal on TEN-T guidelines. Furthermore, priority
projects and data on infrastructure have been included in the TENtec information system
TEN-T guidelines.
Some progress can be noted in the area of
energy networks.
In gas, negotiations between the
Nabucco Company and the Azeri Shah Deniz II Consortium continued for the Nabucco West
project, while technical work on the Poseidon gas pipeline linking the Turkey-Greece gas
pipeline to Italy was also in progress. In June 2012 the Turkish and Azerbaijani partners
signed a contract to set up a project company to build the Trans-Anatolian natural gas pipeline
(TANAP). Subsequently an intergovernmental agreement was signed by the authorities from
both countries, followed by a contract between TANAP Co and the Turkish government on
the rights and obligations of the parties to implement the project. These agreements provide
the project company with the legal basis to build the pipeline.
As regards electricity networks, links are in operation with Bulgaria, Greece, Syria, Iran,
Azerbaijan and Georgia. Two new 400 kV transmission lines between Turkey and Georgia
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and between Turkey and Iran are under construction. Additional new lines between Turkey
and Georgia, Iran, Syria and Iraq are in the planning phase. Preparations for Turkey’s
synchronisation with the European Network of Transmission System Operators for Electricity
(ENTSO-E)’s Continental European Synchronous Area are at an advanced stage, targeting
completion in autumn 2012.
Conclusion
Turkey has made some progress in the area of trans-European networks. Some progress can
be reported on transport and electricity energy networks. However, continued efforts are
needed for gas interconnections and the implementation of the Southern Gas Corridor.
Overall, the alignment is advanced in this area.
4.22.
Chapter 22: Regional policy and coordination of structural instruments
Some progress was made with regard to the
legislative framework.
As part of the general
reorganisation of the public administration, several by-laws were adopted on restructuring the
Ministry of Transport (MoT), the Ministry of Environment and Forestry (MoEF), the Ministry
of Industry and Trade (MoIT) and the Ministry of Labour and Social Security (MoLSS).
These by-laws provide the legal basis for establishing the units for coordination and
programming, budgeting, tendering, contracting, execution, financial management and
supervision of EU co-funded project activities. Following this restructuring the Prime
Minister’s circular on IPA coordination was amended accordingly.
Some progress was made with regard to strengthening the
institutional framework.
The
restructuring of the public administration also had an effect on several of the Operating
Structures (OSs). In the case of MoEF and MoIT, as a result of restructuring, the
responsibilities of the Operating Structure were taken over by the newly established
ministries: the Ministry of Environment and Urbanisation (MoEU) and the Ministry of
Science, Industry and Technology (MoSIT) respectively. Following the restructuring, the
National Authorising Officer and the Audit Authority provided confirmation that the
accreditation criteria for proper functioning of the management and control system were still
fulfilled.
Some progress was made as regards
administrative capacity
in all IPA institutions
responsible for the IPA Regional Development and Human Resources Development
components (IPA Components III and IV respectively). During the restructuring of the public
administration, a by-law concerning improvement of the remuneration system for the staff
employed in IPA projects was adopted.
In January and February 2012, MoLSS and MoSIT respectively qualified through a
Commission decision for taking over procurement and contracting functions from the Central
Finance and Contact Unit (CFCU) for the Human Resources Development Operational
Programme (HRDOP) and for the Regional Competitiveness Operational Programme
(RCOP). Preparations at the Ministry of Transport, Maritime Affairs and Communication for
taking over procurement and contracting functions were also speeded up for the Operating
Structure in the area of Transport under IPA Component III.
Training and the provision of technical assistance to strengthen all institutions involved in the
implementation of IPA has continued. Further increasing the institutional capacity of the
Operating Structures is necessary to ensure better quality and better performance of supported
interventions as well as speedier implementation.
With regard to
programming
and programme implementation, some progress was made in
the identification, preparation and appraisal of projects under IPA Components III and IV. A
pipeline of quality and mature projects has been presented in the transport and the
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environment sector under IPA Component III. Some progress was made in the preparation of
tender documents, publication of tenders and contracting; however, risks for the absorption of
funds remain.
The preparations continued on the National Strategy for Regional Development (NSRD),
which aims to create a general framework and guidance for the regional and local plans and
strategies. The Regional Plans have been prepared for all 26 NUTS II regions under the
coordination of all Development Agencies.
Some progress was made in the area of
monitoring and evaluation,
although monitoring of
programmes under IPA Components III and IV is still in the early stages due to the fact that
implementation is currently limited. The Integrated Monitoring Information System has been
further developed and is now partly operational. The Sectoral Monitoring Committees of IPA
Components II, III and IV have continued to meet as scheduled. A number of interim
evaluations were carried out in 2011. However, evaluation capacity needs to be further
strengthened within IPA bodies, among other things to ensure that evaluations ultimately
serve both accountability and programme management purposes.
In the area of
financial management, control and audit,
some progress was made. The
Central Finance and Contract Unit (CFCU) has delivered training in the area of rejection rate
tracking and reporting, and shared its methodology with the ministries designated as
Operating Structures for IPA Components III and IV. A by-law was adopted in 2011 which
ensures that the Audit Authority also has a legal basis for auditing EU-funded projects in
particular in line with the Framework Agreement and Financing Agreements and with the
international audit standards. However, implementation of the action plan addressing the
weaknesses in the management and control systems needs to be more effective.
Conclusion
Some progress was made in the field of regional policy and coordination of structural
instruments. Although the institutional framework for implementing IPA Regional
Development and Human Resources Development components has been strengthened and the
Operating Structures for the Regional Competitiveness, Environment and Human Resources
Development Operational Programmes have obtained accreditation for the tendering,
contracting and financial management functions, there is still a need for further strengthening
of the administrative capacity of the IPA institutions in order to speed up the programme
implementation process, improve its quality and avoid loss of funds. Preparations in this area
are not very advanced.
4.23.
Chapter 23: Judiciary and fundamental rights
(See also Political criteria)
Some progress has been made in the reform of the
judiciary.
The 2009 Judicial Reform
Strategy, whose objectives were achieved to a large degree, is being revised. It is expected to
focus on efforts to speed up judicial procedures, further reform of the military justice system,
alternative dispute resolution, disadvantaged groups, and international relations in judiciary
matters with the emphasis on the case law of the European Court of Human Rights and related
training. The review of the strategy was carried out with the participation of all stakeholders,
the Turkish legal community and civil society.
As regards the
independence
of the judiciary, the High Council of Judges and Prosecutors
published 34 circulars related to the work of judges and prosecutors and organised in-service
training and meetings with stakeholders, encouraging their participation in discussions and
workshops on the judiciary as a whole.
However, criticisms of the legislation on the High Council of Judges and Prosecutors referred
to in last year’s progress report, e.g. the role given to the Minister of Justice, have not been
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addressed. There was concern that decisions to suspend prosecutors in the Deniz Feneri case
reflected pressure from the executive. The polarised political atmosphere was reflected in
opposition accusations that the government was controlling the judiciary.
With regard to
impartiality,
the individual application procedure introduced by the 2010
constitutional amendments and the Law on the Constitutional Court of 2011 enter into force
in September 2012. The Ministry of Justice is drafting a Human Rights Action Plan. A draft
law providing for the establishment of a commission on long trials is on parliament’s agenda.
Criticisms of the legislation on the Constitutional Court referred to in last year’s progress
report have not been addressed. Prosecutors do not have their offices in parts of courthouses
separate from judges, they are not required to enter and leave the courtroom by a different
entrance from judges and in court they do not sit at the same level as lawyers. This continues
to cloud perceptions of the impartiality of judges.
With regard to the
efficiency
of the judiciary, amendments to the Laws on the Court of
Cassation and the Council of State aiming at tackling their backlog of cases started to generate
positive results. Legislation adopted on speeding up judicial services resulted in
improvements at first-instance courts’ level, as well. A third judicial reform package was
adopted in July. It includes amendments to a number of laws and aims to speed up judicial
procedures further.
However, the Ministry and the High Council have yet to develop benchmarks to monitor and
assess the performance of the courts, the length of court proceedings and the efficiency and
effectiveness of the judicial system. Further efforts are needed to comply with ECtHR case-
law on access to a lawyer and to improve the system of legal aid.
The Regulation on the Judicial Police adopted in 2005 under Article 167 of the Criminal
Procedure Code has not been implemented according to European standards so there are no
judicial police units attached to prosecution offices. Prosecutors rely on police units working
for the Ministry of the Interior and have yet to develop their capacity to guide police
investigations effectively and keep strict control over police activity.
The third judicial reform package relates also to the Turkish criminal justice system. Overall,
it includes steps in the right direction of guaranteeing procedural rights. However, it neither
sufficiently revises problematic areas related to the administration of justice and protection of
fundamental rights nor does it address issues related to definitions of criminal offences in the
law.
In practice, concerns have been expressed as regards the criminal justice system and, in
particular, the Serious Crimes Courts. These focused on the defence’s limited access to the
prosecution file, on decisions to arrest or continue to detain suspects, and on the length of pre-
trial detention. Alternatives to pre-trial detention are not sufficiently applied. Turkey lacks an
effective domestic remedy to ensure that applicants are heard and to offer them the
opportunity to challenge the lawfulness of their pre-trial detention with reasonable prospects
of success. There have been concerns over the quality of the indictments and of the indictment
process. Leaks of information, evidence and statements continued to give rise to concerns. In
some cases there have been concerns that cross-examination in criminal trials is not carried
out properly. Judges and prosecutors have been given no training in cross-examination.
The regional courts of appeal which, by law, should have been in operation by June 2007
have not been established yet.
Limited progress was made on
anti-corruption policy,
with some developments on
incrimination and improved transparency in the financing of political parties. The third
judicial reform package includes amendments to provisions on corruption in the Criminal
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Code, redefining and extending the scope of bribery as an offence, in line with
recommendations by the Group of States against Corruption (GRECO). The Law on
Presidential Elections of January introduced strict rules on the transparency of election
financing for presidential candidates. A 2011 amendment reinforced capacity for auditing
political financing.
However, legal loopholes related to the financing of politics continued to be a concern. The
auditing of political parties remained weak and there was no legal framework for auditing
election campaigns or the financing of individual candidates other than in the case of
presidential elections. There were not enough checks on assets declared by political figures
and public officials. No progress was made on limiting the immunity of Members of
Parliament and senior public officials in corruption-related offences. GRECO
recommendations are yet to be fully implemented. The implementation of the National Anti-
Corruption Strategy requires greater political engagement and broader civil society
participation. A track record of investigation, indictment and conviction related to corruption
cases has not yet been established.
There has been very limited progress as regards
fundamental rights.
The establishment of an Ombudsman institution is an important step in safeguarding the rights
of citizens and ensuring accountability of the public administration. A law establishing the
Turkish National Human Rights Institution was adopted by parliament. The law does not
comply fully with the UN Paris principles on human rights institutions, in particular as
regards the independence of the proposed body. It was not discussed with stakeholders, nor
does it in any way reflect the concerns and proposals of national and international experts.
Some
progress was made on the observance of international human rights law, notably
through the efforts of the Ministry of Justice and the parliament’s Human Rights Inquiry
Committee. A number of reforms to strengthen human rights structures are still awaited.
As regards
prevention of torture and ill-treatment,
despite the positive downward trend in
reports of torture and ill-treatment in places of detention, law enforcement officers continued
to resort to force and, particularly in unofficial places of detention, this is cause for concern.
There was little progress on tackling
impunity.
Mass graves discovered in the south-east have
not been adequately investigated. There is a significant backlog of judicial proceedings
concerning allegations of excessive force or procedural errors, with priority seemingly given
to counter-allegations lodged by the security forces.
The overcrowding of
prisons
remains problematic, with a serious impact on sanitation and
other physical conditions. An overhaul of the complaints system in prisons is overdue.
Medical treatment and the conditions in which juveniles are held require special efforts.
Limited progress has been made on
access to justice.
The scope and quality of legal aid is
inadequate. There is no effective monitoring mechanism that would remedy long-standing
problems.
An increase in violations of
freedom of expression
has given rise to serious concerns, and
freedom of the media continued to be further restricted in practice. The legal framework,
especially as regards organised crime and terrorism, and its interpretation by the courts leads
to abuses. Together with pressure on the press by state officials and the laying off of critical
journalists this has led to widespread self-censorship. Frequent website bans are cause for
serious concern and there is a need to revise the law on the internet.
Little progress was made on
freedom of assembly and freedom of association.
Where
demonstrations took place without official consent there were cases of violence and
disproportionate use of force by the security forces, especially where the demonstrations
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related to the Kurdish issue. There is a need to revise the law on demonstrations and meetings.
There is also a need to revise legislation on fundraising for civil society organisations to help
strengthen civil society. Legislation on civil servants’ trade unions and collective bargaining
was amended. However, the new legislation is not fully in line with EU standards and
International Labour Organisation conventions, especially with regard to collective
bargaining, dispute settlement, and the right to strike, in relation to public servants. There is
no sustainable mechanism for the participation of civil society in policy making. There were
no developments regarding legislation on political parties.
Limited progress was made on
freedom of thought, conscience and religion.
There has been
some progress on conscientious objection in terms of applying the case law of the European
Court of Human Rights. Dialogue with the non-Muslim religious communities continued.
However, members of minority religions and indeed those of no faith were subject to threats
from extremists. A legal framework in line with the European Convention on Human Rights
has yet to be established, so that all non-Muslim religious communities and the Alevi
community can function without undue constraints.
Some progress was made on
women’s rights and gender equality.
The Law on the Protection
of Family and Prevention of Violence against Women is an improvement on previous
legislation, protecting family members and those in relationships outside marriage from
violence. The procedures for urgent cases are particularly positive, as was the inclusive
consultation exercise undertaken by the authorities with civil society, even if non-
governmental organisations are critical of certain last-minute amendments to the text.
However, substantial efforts are needed to turn this new law, and earlier legislation, into
political, social and economic reality. The law needs to be consistently applied across the
country. There is a need for greater involvement of and participation by women in
employment, policy-making and politics. Girls’ school enrolment and drop-out rates need to
be monitored. The issue of early and forced marriages remains a concern.
With respect to
children’s rights,
efforts are needed in all areas, including education,
combating child labour, health, administrative capacity and coordination. In general, more
preventive and rehabilitative measures need to be taken for juveniles. Detained children are
not held in appropriate conditions and additional juvenile courts need to be created in line
with the legislation in force.
Little progress was made as regards the
socially vulnerable and/or persons with disabilities.
Implementation of the Strategy Paper on Accessibility and the National Action Plan was
limited. Home-based care services for the disabled and the elderly were expanded. A protocol
was signed to promote entrepreneurship for people with disabilities. Efforts to increase
employment in the public sector continued. However, a national monitoring mechanism to
implement the UN Convention on the Rights of Disabled Persons and the corresponding
optional protocol is still not in place. The principle of positive discrimination for the disabled
is not properly reflected in policy measures. In practice, the employability of persons with
disabilities both in public and private sectors needs to be further promoted. Official and
reliable data and research on persons with disabilities and mentally ill persons is lacking,
which is a barrier to informed policy-making. Difficulties in access to education, health,
social and public services by persons with disabilities continued. Physical barriers to access
are widespread. There is still no independent body to monitor and inspect mental health
institutions.
No progress has been made on
anti-discrimination policies.
Comprehensive anti-
discrimination legislation has not been adopted. The current legal framework has not been
harmonised with the EU
acquis.
LGBT persons continued to suffer discrimination and
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intimidation and often lost their jobs or were the victims of violent crime. A number of court
cases and judicial proceedings are in progress. The BDP’s draft proposal to eliminate
discrimination and regulate the headscarf issue was rejected in the TGNA.
There has been progress on
property rights,
with the adoption of legislation amending the
2008 Law on Foundations. Implementation continues. However, the current legislation still
does not cover fused foundations or properties confiscated from Alevi foundations. Council of
Europe Resolution 1625 (2008) on Gökçeada (Imvros) and Bozcaada (Tenedos) still needs to
be implemented. The ongoing cases against the Mor Gabriel Syriac Orthodox monastery give
rise to concerns. Turkey needs to ensure that the property rights of all non-Muslim religious
communities and others are fully respected.
As regards
respect for and protection of minorities and cultural rights,
Turkey has made some
progress on rights of persons belonging to minorities, especially regarding the restitution of
some of the properties of non-Muslim minorities. Although for the first time representatives
of minority groups, not limited to those minorities recognised by the Lausanne Treaty, were
invited to parliament to express their views on a new constitution, Turkey’s approach to
minorities remained restrictive. Full respect for and protection of language, culture and
fundamental rights, in accordance with European standards, has yet to be fully achieved.
Turkey needs to make further efforts to enhance tolerance and promote inclusiveness vis-à-vis
minorities. As regards cultural rights, restrictions remain on the use of languages other than
Turkish in political life, in contacts with public services and in prisons. The legal framework
for the use of languages other than Turkish is open to restrictive interpretation and any
flexibility allowed is inconsistently applied. A comprehensive policy to address the situation
of the Roma is needed. There is a need for revision of existing legislation and the
establishment of protection mechanisms or specific bodies to combat racism, xenophobia,
anti-Semitism and intolerance. There is a specific need for legislation to tackle hate speech
and hate crimes.
With regard to respect for private and family life and, in particular, the right to
protection of
personal data,
Turkey needs to align its legislation with the data protection
acquis
and set up
a fully independent data protection supervisory authority. Turkey also needs to ratify both the
CoE Convention for the protection of individuals with regard to automatic processing of
personal data (CETS No 108) and the additional protocol to it on supervisory authorities and
trans-border data flow (CETS No 181). The absence of data protection legislation hampers
operational cooperation between police and judicial authorities and on counter-terrorism.
Conclusion
Overall, some progress has been made in the area of the judiciary following the adoption of
the third judicial reform package, which introduces a number of improvements into the
Turkish criminal justice system. However, the reforms failed to address core shortcomings.
Further efforts are needed with regard to the independence, impartiality and efficiency of the
judiciary, including the criminal justice system and the large backlog of serious criminal
cases. The participation rate of women in the judiciary needs to be improved. Limited
progress was made on anti-corruption, with some developments on incriminations and
transparency in the financing of political parties. The implementation of the National Anti-
Corruption Strategy requires greater political engagement. As regards fundamental rights,
laws establishing an ombudsman institution and a national human rights institution were
adopted. The situation regarding the respect for fundamental rights continues to be the source
of serious preoccupation, notably stemming from the wide application of the legal framework
on terrorism and organised crime, which leads to recurring infringements of the right to
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liberty and security, of the right to a fair trial and of the freedom of expression, assembly and
association.
4.24.
Chapter 24: Justice, freedom and security
Limited progress can be reported in the area of
migration.
The Law on Foreigners and
International Protection was submitted to the parliament in May 2012 but still needs to be
adopted. Its adoption is key to providing a single, coherent legislative framework governing
Turkey’s relations with foreigners and safeguarding the rights of migrants and refugees in line
with EU and international standards.
In 2011, 217,206 persons were granted in Turkey a residence permit on various grounds,
including work and education. Turkey continued to be a very important transit and destination
country for irregular migration. In 2011, the number of irregular migrants apprehended in
Turkey reached 44,415, an increase of 26% on the 2010 figures. The number of apprehended
irregular migrants amounted to 14,559 between 1 January and 1 July 2012. The number of
irregular migrants deported by Turkish authorities in 2011 was 26,889 and 4,739 between 1
January and 1 July 2012. Meanwhile, the number of third country nationals detected in 2011
by EU Member States’ law enforcement forces when entering or attempting to enter illegally
the EU and coming directly from or transiting through the Turkish territory amounted to
55,630. This represented a slight increase of 2 % on the 2010 figures. Turkish borders
remained porous also in the first half of 2012. In the period between 1 January and 15 July
2012 the number of the irregular migrants coming or transiting Turkey and intercepted by EU
Member States amounted to 25,944.
Pending adoption of the Law on Foreigners and International Protection, no substantial
administrative measures were taken to improve the situation of irregular migrants. The overall
capacity to host irregular migrants decreased to 2,176 in 2011. Minimum living standards at
removal centres and their inspection remain unregulated. The lack of human and financial
resources hampered the improvement of physical conditions in the removal centres. The
construction of new removal centres in Van and Bitlis, each with a capacity of 400 to 600
people, was hampered by the Van earthquake. No structured approach to psycho-social
services targeting irregular migrants is in place yet.
Access to legal aid for migrants remains limited. There is no institutional capacity at the level
of Bar Associations to provide such support autonomously. Assisted voluntary return is
carried out for a limited number of migrants through projects financed bilaterally and with the
help of the International Organisation for Migration (IOM). Training of staff working in the
migration management continued through national resources and with the support of the EU
or other partners.
The readmission agreement with the EU was initialled on 21 June but still needs to be signed.
Its swift conclusion and effective implementation remains of crucial importance. Meanwhile,
the appropriate implementation of already existing bilateral readmission agreements is a
priority. The bilateral readmission protocol between Greece and Turkey continued to be
implemented only in a very limited manner. In February, Turkey signed a readmission
agreement with Bosnia and Herzegovina.
Limited progress has been noted on
asylum,
pending the adoption of the Law on Foreigners
and International Protection. Turkey continues implementing the Geneva Convention on
Refugees on the basis of a reservation limiting the benefits of the Convention only to the
asylum seekers originating from European countries. While the construction of seven
reception centres for asylum seekers and refugees funded by the EU budget is still on-going,
the sharp increase in the number of asylum applications turned out to be critical for the
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reception capacity. Additionally, as a consequence of the earthquake in the eastern part of
Turkey in October 2011, most of the refugees living in Van, one of the most important
‘satellite cities’ in the Turkish national asylum system, had to move out of the city as their
accommodation was destroyed and they had little access to the assistance deployed for the
local community.
The Turkish authorities demonstrated a high level of competence and operational capacity in
dealing with the continuous inflow of Syrian nationals into Turkey since the outbreak of the
crisis in Syria. The open-ended Temporary Protection status, granted at the end of October
2011 to all camp residents, sanctioned a situation of factual protection. This entails keeping
borders open, ensuring humanitarian aid and refraining from forcibly returning Syrian citizens
to their country.
According to the official estimates, the number of Syrian citizens staying in Turkey reached
nearly 100,000. Most of them are in camp and container sites set up in four southern
provinces. General living conditions in the camps have been praised by a number of
international observers, including the UNHCR and ECHO. The UNHCR assisted the Turkish
authorities on the ground: it followed and monitored camp operations and supported, in an
advisory role, registration procedures in the Hatay registration centre. An increasing number
of observers have been able to monitor and report on the situation in the camps. However,
further efforts are needed to ensure full transparency and to allow other relevant players,
including civil society organisations active in the field of asylum, access to the camp
facilities.
There has been limited progress on
visa policy.
The Ministry of the Interior has introduced
new provisions on short stays in Turkey. However, Turkey did not align with the EU lists of
countries whose nationals must be in possession of visas when crossing the external borders
and those whose nationals are exempt from that requirement. No additional measures were
taken to further strengthen checks at borders following the visa exemptions launched in early
2009. Furthermore, Turkey continue discriminating between Member States as regards visa
policy: the citizens of 11 EU Member States continue to be required to hold a visa before
entering Turkey, while the citizens of 16 Member States are exempted from this obligation.
There is a clear need to step up training for consular staff, in particular on document security.
Limited progress can be reported on
external borders and Schengen.
Legislation on
transferring border management tasks and coordination to a specialised and professional
border security entity has not yet been submitted to parliament for approval. The draft
roadmap for Integrated Border Management (IBM) has not yet been approved. The delays in
the adoption of the law and the IBM roadmap are a major institutional hindrance towards the
institutional development and implementation of integrated border management.
Both intra-agency and inter-agency cooperation and coordination need to be developed
considerably in the interests of efficient border management. The proposed legislative
amendment on expanding the tasks of Deputy Governors to act as administrative heads of the
border agencies is still pending in the parliament.
A Memorandum of Understanding (MoU) between Frontex and the Turkish Ministry for
Foreign Affairs was signed in May 2012. This MoU enables a framework to be set up for
enhanced operational cooperation between Frontex and Turkey, including participation in
training activities and in joint operations, the deployment of Frontex experts to Turkey and a
more organised exchange of information and risk analysis. Overall, the lack of risk analyses,
including joint analyses among relevant authorities in charge of border management, has led
to inefficient border control and less-than-optimal use of resources.
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Structured training is needed for all border agencies, including language training. The rotation
of border staff needs to be carefully reviewed in order to ensure sustainability of expertise.
Replacing the landmines with modern and humanitarian border surveillance tools is a priority.
Problems posed by the architectural designs for the operational functionality of land border
crossing points (BCPs) need to be addressed. Border agencies at local and central level need
to be consulted regularly during both the design phase and utilisation of the modernised
BCPs. This entails establishing proactive border checks procedures and regulations to control
irregular migration at transit zone areas in the airports.
The existence of exclusive customs zones at the land BCPs poses a major challenge to the
establishment of an integrated border management system locally. Cooperation with
neighbouring countries and with countries of origin and destination, in terms of border
management, needs to be improved. Enhanced cooperation between border authorities and the
Turkish national airline also needs to be enhanced, in particular through joint training and
better exchange of information leading to proper pre-boarding and pre-arrival screenings and
analyses.
Limited progress can be reported on
judicial cooperation in civil and criminal matters.
On
judicial cooperation in civil matters, in November 2011 Turkey set out the principles and rules
to be followed by domestic institutions with regard to implementation of the 1965 Hague
Convention on Service of Documents and the 1970 Convention on Taking Evidence Abroad
in Civil and Commercial Matters. On child protection, ratification of the 2003 Convention on
Contact concerning Children was completed and the convention entered into force in May
2012. The mediation law on legal disputes, which entered into force in June 2012, is expected
to reduce the workload of the judiciary and allow rapid, low-cost and effective resolution of
civil and criminal disputes as well as possible contribution to social peace. The law is also
applicable to EU citizens. However, Turkey has not yet ratified the 1996 Convention on
Parental Responsibility. During the reporting period 1,765 requests in the area of judicial
cooperation in civil matters were received by Turkey and 6,779 requests were made by
Turkey.
As regards judicial cooperation in criminal matters, Turkey has participated in the regular
meetings of the European Judicial Network (EJN). Five judges are acting as contact points for
Eurojust and the EJN to facilitate the execution of extraditions and requests for mutual legal
assistance. During the reporting period 96 extraditions were requested by Turkey and seven
extraditions by EU Member States; six extraditions to Turkey were enforced. Regarding
mutual legal assistance in criminal matters, a total of 491 requests were received by Turkey
and 2,933 requests were issued by Turkey. On transfer of convicts, six transfers took place to
Turkey and two to EU Member States.
Uneven progress has been achieved in the area of
police cooperation and the fight against
organised crime.
Turkey is a party to the main international conventions. Community
policing divisions have been established in 81 provinces. However, the lack of a data
protection law continues to limit police cooperation at international level and hinders the
conclusion of an operational cooperation agreement with Europol. The assignment of a police
liaison officer to Europol would help improve bilateral cooperation. The Monitoring and
Assessment Board to Implement the National Strategy against Organised Crime (2010-2015)
continues to meet on a regular basis under the coordination of the Ministry of the Interior.
No significant progress was noted in the area of combating trafficking in human beings.
Drafting work continued on the framework law in this area. Consultations were organised
with line ministries, representatives of civil society, law professionals and academia.
Consultation meetings were also held with relevant international bodies and the EU. Further
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efforts are needed in order to gather reliable statistical data on human trafficking. Victims’
shelters in Ankara and Istanbul and a safe house in Antalya were operating and received
financial support from the 2012 budget. The 157 toll-free helpline for victims continued
functioning.
Following the establishment of a Cybercrime Department under the Turkish National Police
in 2011, subordinated divisions were created at provincial level in February 2012. Turkey has
not yet ratified the Council of Europe’s Convention on Cybercrime, signed in 2010. With
regard to forensics, a national fingerprint and DNA database is still to be established. Data
collection and analysis in the area of law enforcement needs to be improved. The Turkish
National Police has established witness protection units in 71 provinces. Inter-agency
cooperation needs to be strengthened.
Progress can be reported in the
fight against terrorism.
Turkey ratified the Council of
Europe’s Convention on the Prevention of Terrorism and the International Convention for the
Suppression of Acts of Nuclear Terrorism. However, Turkey still needs to ratify the Council
of Europe’s Convention on the Laundering, Search, Seizure and Confiscation of the Proceeds
from Crime and on the Financing of Terrorism. The Law on Prevention of the Financing of
Terrorism also needs to be adopted in order to meet the requirements of the Financial Action
Task Force (FATF). Serious concerns remain as regards the broad definition of terrorism
under the Anti-Terror Law. (See
Situation in the east and south-east and Freedom of
expression).
Turkey continued to face terrorist attacks from the PKK.
Turkey is actively engaged in a counter-terrorism dialogue with the EU. However, the
absence of a data protection law prevents Turkey from concluding a cooperation agreement
with Europol and limits judicial cooperation with Eurojust and with the EU Member States.
Some progress has been achieved in the area of
cooperation in the field of drugs.
The
interim evaluation of the 2nd National Action Plan against Drugs and Drug Addiction (2010-
2012) to implement the National Strategy (2006-2012) was carried out in February 2012. A
total of 32 new psychoactive substances have been included in the scope of the Law on
Supervision of Drugs as a result of the activities carried out by the Early Warning System
Working Group. Successful operations resulting in the seizure of 76,392 kg of cannabis, 592
kg of cocaine, 7,294 kg of heroin and 1,364,253 ecstasy tablets were carried out by the
Turkish law enforcement bodies. Two controlled delivery operations were carried out with
Germany and 2 kg of cocaine was seized as a result of those operations.
The agreement concerning Turkey’s participation in the European Monitoring Centre for
Drugs and Drug Addiction (EMCDDA) was ratified in June 2012. Turkey reports annually to
the EMCDDA and continues participating as an observer in Reitox meetings of heads of focal
points. However, the status and human resources of the National Reitox Focal Point need to
be strengthened further. There are 22 treatment centres, so overall capacity is limited. There is
a need to establish better treatment and rehabilitation facilities to achieve a more balanced and
effective approach against drugs. Data collection and analysis capacity need to be improved.
Limited progress has been achieved in the area of
customs cooperation.
In 2011, the
institutional framework was changed, leading to the merger of the Ministry of Customs and
the Ministry of Trade into a new Ministry of Customs and Trade.
The duties and responsibilities of the main units of the Turkish Customs Administration
(TCA) have been revised and its regional organisation has been reshaped. The number of
specialised Anti-Smuggling and Intelligence Directorates has increased from 18 to 29. At
each Regional Directorate a risk analysis unit has been established to enable coordination and
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cooperation with regard to risk analysis and profiling among the local customs units. Further
training is needed to implement risk management. One centralised vehicle tracking system
and a number of mobile inspection units are in use. However, the TCA needs to increase
staffing at many BCPs.
For measures against
counterfeiting of the euro,
see Chapter 32 – Financial control.
Conclusion
Overall, limited progress can be reported in the area of justice, freedom and security. Turkey
is successfully providing humanitarian assistance to the Syrian refugees, however, its asylum
system continues to be far from the EU standards. Turkey needs to step up its capacity to
prevent irregular migration. Conclusion of the EU-Turkey Readmission Agreement and the
full implementation of the existing readmission obligations remain of crucial importance.
Adoption of the Law on Foreigners and International Protection as well as reforms in the area
of border management continue to be a priority. Only limited progress could be reported in
aligning visa legislation. Reforms are also needed in the fight against terrorism and organised
crime. The lack of adequate data protection legislation is one of the main reasons preventing
the development of police and judicial cooperation with the EU. Overall, alignment is at an
early stage in this area.
4.25.
Chapter 25: Science and research
Good progress can be reported in the area of
research and innovation policy.
Turkey
continued to strengthen the research and innovation capacity at national level. Implementation
of the 2011 new organisational set-up following the establishment of the Ministry of Science,
Industry and Technology and the organisational changes in the structure of the Technological
Research Council of Turkey (TUBITAK) and the Turkish Academy of Sciences (TUBA)
entered into force.
The level of participation in the Seventh EU Research
Framework Programme
(FP7)
increased both in terms of submitted and successful projects, with an average success rate of
16,5 % compared to EU average of 21,2%. Turkey is particularly successful in thematic areas
such as ICT, KBBE (food, agriculture, biotechnology), Transport and Security and very good
in terms of number of SMEs participating in FP7 and Marie Curie Actions. Turkey has very
good administrative capacity with a well-developed and active network of National Contact
Points. Participation in a number of key areas such as health and environment is still low, as is
the overall number of applications. Participation in the specific programmes IDEAS is weak.
Turkey is participating in a number of Joint Programming Initiatives in the framework of the
Innovation Union which aims to address major European societal challenges by harmonising
national research activities. Turkey participates, as an associated country, in the Strategic
Energy Technology Plan and has been actively participating in European Innovation
Partnerships on active and healthy ageing, water and sustainable agriculture.
Turkey is participating as a third country participant in the Seventh Euratom research
Framework programme (2011-2013).
The active cooperation with the Joint Research Centre (JRC) continued through the
participation of Turkish researchers in JRC workshops, high-level meetings and JRC projects
and networks, and the secondment of Turkish researchers to JRC institutions. Since the
signature of the memorandum of understanding between the JRC and Turkey in July 2007, a
total of 30 Turkish researchers have been supported by TÜBİTAK to work at the JRC
institutes. The memorandum of understanding will be renewed in the middle of 2012 for
another five-year period.
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With respect to
European Research Area,
Turkey has taken several important measures and
updated national strategies to further strengthen its national research and innovation capacity.
At its December 2011 meeting, the Turkish Supreme Council for Science and Technology
(SCST) took several decisions aiming at increasing and improving their research and
innovation capacity through target setting and policy instruments.
A TurkStat R&D activities survey over 2010 shows that the overall share of R&D in GDP
decreased slightly to 0.84% from its 0.85% level in 2009 but the share of the private sector
continued to increase to € 7.4 billion compared to € 6.6 billion in 2009, which represents a
12% increase. In 2010 the number of full-time equivalent researchers reached 64,000,
compared to 58,000 in 2009.
Five provinces (Elazığ, Aydın, Diyarbakır, Hatay and Siirt) were chosen to be supported
under the provincial innovation platforms support programme of TÜBİTAK, which aims to
develop science, technology and innovation capacities at provincial level through involvement
of local stakeholders, including public bodies, local universities, industry and civil society
organisations.
New support programmes were also launched by TÜBİTAK, including the funding for
research, technological development and innovation projects from the private sector, funding
of technological entrepreneurship, and a co-funded brain circulation scheme. A new
fellowship programme, also partially supported under the Seventh EU Research Framework
Programme (FP7), aims to increase and facilitate mobility of experienced researchers of any
nationality.
The establishment of science centres in 16 greater city municipalities by 2016 and in all 81
provinces of Turkey by 2023 was announced by the Minister of Science, Industry and
Technology. Turkey’s first science centre is scheduled to be opened in 2013 in Konya.
Conclusion
Good progress has been made in the area of science and research. Steps were taken to further
reinforce Turkey’s capacity, and its integration into the European Research Area is well on
track. Turkey’s participation and success rate in the EU Research Framework Programme
(FP7) have increased although further efforts are needed to strengthen the quality of
submissions and improve the quality of researchers. Overall, Turkey is well prepared in this
area.
4.26.
Chapter 26: Education and culture
There has been some progress in the area of
education, training and youth.
Public interest in
the Lifelong Learning and Youth in Action Programmes continued to grow substantially, with
a considerable increase in the number of grant applications in all sub-actions of both
programmes. The Turkish National Agency signed a total of over 3,000 grant agreements with
beneficiary institutions and individuals. The total number of final beneficiaries reached
55,000 and the Memorandum of Understanding was modified to increase Turkey´s financial
contribution to the programmes in 2012 and 2013 by 40 % and 60 % respectively, to allow for
more projects to be supported. With a view to the next programming period starting in 2014,
the parliament adopted a law increasing National Agency staff by 50 to a total of 220.
An amendment to the Turkish Education Law extending compulsory education from 8 to 12
years and introducing a new approach for schools (4+4+4 instead of 8+4) was enacted in
April 2012. The law introduces some amendments to the current education system, including
flexibility to choose among different school types, i.e. general and vocational schools (lower
secondary part of imam-hatip schools) as lower secondary school. Children will thus be able
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to begin religious education at the age of 10 rather than 14, a result which, together with the
way in which this new legislation was introduced, caused controversy in Turkey.
Following the extension of compulsory pre-school education to 71 out of 81 provinces in the
school year 2011-12, the enrolment rate for pre-school education for 2011-12 rose to 44%
from 43.1% for the 4-5 age group and the number of students and teachers at pre-school
education increased by 5.6% and 15.6% respectively. However, the objective of compulsory
pre-school education in all provinces has been abandoned by the new education law. The net
primary school enrolment rate rose to ca. 99%. For secondary education, the enrolment rate
rose to 67.4% and the gender gap narrowed to 2.5%. A continued effort to increase enrolment
at all levels, especially for girls, remains an important challenge on top of effective
intervention strategies to reduce drop out.
Turkey is at an advanced stage of implementing the Bologna process recommendations. In the
area of higher education, with the establishment of 6 universities in 2012 the total number of
universities in Turkey reached 168. However, significant quality differences exist in terms of
numbers of teaching staff and infrastructure. Further challenges are the recognition of
qualifications, quality assurance and establishment of a national qualifications framework
based on the European Qualifications Framework (EQF). Since November 2011 the
Vocational Qualifications Agency is the sole body responsible for the entire qualification
process. However, an independent and fully functional Quality Assurance and Accreditation
Agency remains to be established in line with the European Standards and Guidelines.
Preparations for the agreed quality assurance agency for higher education have not yet started.
The General Council of Higher Education Board (YÖK) decided in November 2011 to
abolish the system of using a lower coefficient to calculate the final score in the university
admission examination or the Undergraduate Placement Examination for graduates of
vocational high schools. The 4+4+4 Law confirmed this decision.
In December 2011 YÖK endorsed the University of Tunceli’s proposal to set up Zaza and
Kurdish language departments. This will enable Tunceli University to open Zaza and Kurdish
language departments offering a four-year university education.
Lifelong learning is in its early stages of development in Turkey and efforts need to be
stepped up and coordinated, especially in the most disadvantaged regions of the country. With
the adoption of authorisation procedures the regulatory framework for the National
Vocational Qualifications System is now solidly established, but only a small number of
sectoral certification bodies are likely to be operational in the near future. The National
Qualifications Framework is scheduled to be adopted in 2012.
Little progress is to be reported in the area of
culture.
Despite the efforts undertaken by the
Cultural Contact Point, Turkey’s participation in the EU’s Culture programme remains
relatively low. The Ministry of Culture and Tourism extended the Tax Incentives for Cultural
Investments and Enterprises Law to provide tax exemption for the Culture Programme and
co-financing for organisations or sponsorships. At the same time, ineffective or late protection
of cultural heritage, as demonstrated by cases in Göreme,
İznik
and Istanbul, has raised
concerns.
Turkey has still not ratified the Unesco Convention on the Protection and Promotion of the
Diversity of Cultural Expressions.
Conclusion
There has been some progress in the area of education and culture. Popular interest in the
Lifelong Learning and Youth in Action Programmes continued to increase. Turkey extended
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compulsory education from 8 to 12 years. There has been little progress in the area of culture
and no progress on legislative alignment. Overall, Turkey is moderately advanced in this area.
4.27.
Chapter 27: Environment and climate change
In the field of
environment,
there was hardly any progress on
horizontal legislation.
Preparations have continued for transposing the Environmental Liability and INSPIRE
Directives. As regards the Environmental Impact Assessment (EIA) Directive, procedures for
transboundary consultations have not been aligned and Turkey has not yet sent to the relevant
Member States the draft for general bilateral agreements on cooperation for EIA in a
transboundary context. The planned Turkish-Russian nuclear power plant due to be built on
the eastern Mediterranean coast of Turkey continues to cause public concern, both nationally
and internationally. Transposition of the SEA Directive has not yet been completed. No
strategic environmental assessments (SEAs) or proper environmental impact assessments
(EIAs) have been carried out for the plans to build a large number of hydro-power plants.
Limited progress has been achieved on
air quality.
Preparations have continued for the
transposition and implementation of the National Emissions Ceilings Directive. The
administrative capacity to implement and enforce the legislation on ambient air quality
remains insufficient.
Some progress can be reported in the field of
waste management,
with adoption of legislation
on control of waste electrical and electronic equipment. Efforts have continued to bring
landfill facilities up to EU standards and to improve the management of hazardous waste. The
capacity for sorting and recycling has increased. Turkey still needs to fulfil the requirements
of the EU Waste Framework Directive in connection with the preparation and implementation
of waste management plans.
Good progress can be reported in the area of
water quality,
with the adoption of the new water
law and legislation on river basin management and groundwater and drinking water.
Preparations are continuing to convert river basin protection action plans into river basin
management plans. However, the institutional framework for water management is still not
organised at river basin level and, following the separation of the water sector from the
Ministry of Environment and Urbanisation, institutional coordination has become
problematic. A Water Institute has been established, to give scientific advice on water
management issues. Transboundary consultations on water issues are progressing but are still
at an early stage. An action plan has been prepared for the Ergene River at the border with
Greece and discussions are ongoing with Bulgaria regarding the potential impact on the
Natura 2000 site at the mouth of the Rezovska river of the plans to use water to supply the
city of Istanbul. Wastewater treatment capacity has increased, due to recent investment.
Limited progress can be reported on
nature protection
with the adoption of a by-law on the
procedure and principles for defining, registering and approval of the protected areas.
Framework legislation on nature protection and the national biodiversity strategy and action
plan are still to be adopted. The potential Natura 2000 sites have not yet been identified. The
possible negative impact on these sites of building large water and energy infrastructure
remains a major issue. The law on privatisation of degraded forest habitats raises concerns
about shrinking forest habitats in Turkey.
Some progress can be reported regarding
industrial pollution control and risk management.
The by-law on control of industrial pollution was amended and Turkey ratified the
amendments related to the international agreement on remediation of oil pollution (1992
Changes on Limitation Values). A Regulatory Impact Assessment (RIA) for Seveso II has
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been completed in 2012. A web-based permitting system has been created for industries, but
the establishment of an integrated permit system is still at an early stage.
No progress can be reported in the field of
chemicals,
including REACH. The capacity for
effective implementation is still insufficient.
Legislative alignment in the field of
noise
is well advanced, but no progress can be reported
on the preparation of noise maps and action plans.
Regarding
climate change,
limited progress was made on general policy development.
Turkey adopted a national climate change action plan (NCCAP) covering the period up to
2023. Although the NCCAP provides for major emissions reductions in primary energy
intensity and energy savings in buildings, industry, transport, waste, agriculture and forestry
sectors, no overall domestic target was adopted. Significant need for awareness-raising on
opportunities and challenges of climate action is needed at all levels.
At international level, Turkey, while listed among developed countries in Annex I to the
United Nations Framework Convention on Climate Change (UNFCCC), continued to claim
that it is in a situation different from that of Annex I Parties. This was recognised by COP17
in Durban in December 2011.
Turkey is one of the largest emitters that has not yet put forward a greenhouse gas emissions
reduction target for 2020. Turkey has not yet submitted its fifth national communication under
the UNFCCC. However, the country submits greenhouse gas inventories on an annual basis as
required. Turkey associated itself with some formal EU positions.
Turkey no longer participated regularly in the climate work under the Regional
Environmental Network for Accession (RENA). A successful high-level conference was
organised in April 2012 under the RENA on EU–Turkey Climate Change Cooperation.
Turkey adopted a bylaw on Monitoring of Greenhouse Gas Emissions. The country took some
steps to raise awareness on emissions trading. However, Turkey’s status as an Annex I Party
without a target continues to hold back progress. No steps were taken to promote convergence
with the EU Effort-Sharing Decision. No progress was made as regards other legislation in the
field of climate change and Turkey needs to take further steps to align with and implement
EU legislation.
No progress can be reported in the area of
administrative capacity.
Last year’s
comprehensive administrative reorganisation resulted in a fragmented allocation of
responsibilities in the field of water and nature protection. At the newly created Ministry of
Environment and Urbanisation (MoEU) a balance between the environment and development
agendas has still to be found and there are in particular concerns over the lack of attention
paid to environmental considerations in the implementation of major infrastructure projects,
as well as the willingness and ability to ensure a meaningful public consultation process,
including with environmental NGOs. There are some concerns related to the loss of provincial
competences in the field of environmental management, in particular as regards inspection,
monitoring and permitting. Further efforts are needed to strengthen cooperation and
coordination between various institutions with responsibilities in the fields of environment
and climate change. The climate department within the MoEU requires further strengthening.
Conclusion
Uneven progress was made towards further alignment in the area of environment and climate
change. Special attention is to be paid to the sustainability of existing protected areas and
potential Natura 2000 sites. A more ambitious and coordinated climate policy still needs to be
established and implemented, both domestically and internationally, in particular as a critical
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mass of countries are putting forward commitments internationally and taking action
domestically. No further progress was made on administrative capacity. The environmental
agenda of the MoEU needs strengthening, as well as coordination and cooperation between
relevant authorities at all levels. Overall, preparations in this area are at an early stage.
4.28.
Chapter 28: Consumer and health protection
Little progress can be reported in the
consumer protection
area. The consumer movement is
still weak. A constructive and regular dialogue mechanism needs to be developed for active
participation of consumer NGOs in policy- and law-making activities. The annual advisory
Consumer Council did not meet during the reporting period, so there was no follow-up on
previous decisions taken.
There has been little progress on
product safety-related issues.
The National Market
Surveillance Strategy Document was revised for the years 2012-2014 and adopted by the
Market Surveillance and Product Safety Assessment Board, consisting of Ministers and heads
of market surveillance authorities, which held its first meeting in July 2012. No progress can
be reported on the revision of general product safety legislation.
(See also Chapter 1 — Free
movement of goods)
The Ministry of Customs and Trade adopted a Communiqué which sets minimum safety
requirements on safety risks for childcare products, plastic decorative materials, magnets, bath
products and candles. The Communiqué refers to harmonised and national standards, but only
with a non-mandatory character to check products’ compliance. It does not contain a specific
provision for imports, EU or non-EU and is applicable to all products on the market. The
Communiqué will enter into force in January 2013.
Some progress has been made on
non-safety related issues.
After last year’s creation of a DG
for Consumer Protection and Market Surveillance within the Ministry of Customs and Trade,
administrative capacity has been improved by recruiting additional (junior) consumer
protection experts. A commission consisting of academics and civil servants has been
established to continue work on drafts of consumer protection legislation in line with EU
requirements. However, the Consumer Protection Law has not yet been adopted. With regard
to enforcement, the capacity of consumer courts and arbitration committees needs to be
further strengthened, including for consistent and better quality legal interpretations of
consumer legislation. Consumer court decisions are not accessible. No statistical data are
available on consumer complaints.
In the field of
public health,
some progress can be reported. As regards
horizontal aspects,
the ongoing institutional reform of the health system has led to improvements in the
administrative capacity of the Ministry of Health. The reform also includes the establishment
of a National Public Health Institute, which is responsible for the implementation of primary
health care services, communicable diseases control programmes, non-communicable
diseases/programmes and cancer, laboratories, and safety of consumers and workers.
In the field of
tobacco control,
Turkey fulfils the
acquis
requirements and also takes full
account of the respective Council Recommendations. Turkey is one of the leading countries in
the region and an active party to the WHO Framework Convention on Tobacco Control.
As for
communicable diseases,
the administrative reform has led to the setting-up of an Early
Warning Response and Field Epidemiology Training Unit within the National Public Health
Institute. The role of the Unit is to coordinate and control national early warning and response
activities, provide support to sub-national/provincial units and facilitate information exchange
with appropriate international organisations. Enforcement capacity is being strengthened, but
continued efforts are needed in order to ensure a coherent monitoring and surveillance system
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in line with EU legislation and International Health Regulations. Due to the absence of real
HIV/AIDS policies, there is a need to raise public awareness of the disease, the incidence of
which is increasing.
With regard to
blood, tissues, cells and organs,
in terms of legislative alignment, some
progress can be reported. The Ordinance on Tissue Typing Laboratories, the Indication List
for Composite Tissue Transplantation and the Donor Inclusion and Donor Exclusion List for
Composite Tissues Transplantation were published in November 2011. The Regulation on
organ and tissue transplantation services and the Regulation on management of organ and
tissue transplantation centres have entered into force. As per the new administrative structure,
tissues and cells and organ transplantation services are merged to become one unit under the
Health Services Directorate-General, whereas the Blood Services Unit remains separate.
Good progress has been made in the field of
mental health.
Following the 2011 Mental Health
Action Plan, some 50 new community-based mental health centres have been established in
42 provinces. Some promising measures were taken to promote the inclusion of people with
mental health problems. Further action towards empowerment and protecting the human
rights of this target group is recommended.
Conclusion
Some progress can be reported on consumer and health protection. Key legislation related to
consumer protection is still to be adopted and the consumer movement remains weak. Turkey
has established new administrative structures in the area of public health. Their functioning
needs to be monitored closely. Preparations in this area are on track.
4.29.
Chapter 29: Customs Union
There has been uneven progress with regard to
customs legislation.
Turkey amended the
provisions implementing its customs law by adopting rules mainly on summary declaration.
Turkey aligned with opinions and regulations regarding classification of goods in the
Combined Nomenclature. Further alignment needs to be achieved in the area of intellectual
property rights (IPR). The rules on free zones and duty relief legislation, especially with
regard to duty-free shops at entry points, are not fully aligned with the
acquis.
During the
reporting period, Turkey introduced additional customs duties at varying rates on certain
woven fabrics and apparel products for a group of third countries, although the goods were in
free circulation in the EU, thereby excluding products originating in the EU and in Turkey’s
free trade partners.
The rules on surveillance and management of tariff quotas are not fully in line with the
acquis.
In particular, no progress can be reported with regard to tariff quotas for processed
agricultural products. The requirement to declare the origin of third-country originating
products which are subject to conformity assessment checks is not in line with the Customs
Union as the relevant customs formalities have already been completed for release for free
circulation in the EU. As a result of the EU-Turkey Customs Union, preparations in the area
of customs legislation are well on track.
Some progress can be reported as regards
administrative and operational capacity.
Further
efforts were made to strengthen security-related customs enforcement capacity. The Ministry
of Customs and Trade reorganised regional directorates and the local customs offices
operating under them. Risk analysis units were established at the regional directorates and the
number of local anti-smuggling and intelligence units increased. The frequency of physical
inspections has been slightly reduced; however, the risk management system still needs
substantial improvement to reduce both physical and documentary checks and enhance risk
analysis procedures. There is a need for automated risk management on summary declarations
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to enable risk analysis to be carried out electronically before entry and exit of goods.
Simplified procedures are implemented in a manner not fully in line with the
acquis.
On IPR
infringement cases, seizures upon complaints by right holders increased whereas
ex officio
customs controls remained low, particularly as regards large shipments. Turkey continues to
be one of the main countries from which counterfeit goods enter the EU. Turkey needs to
strengthen its enforcement of IPR at customs, particularly in export controls.
Even though the interconnectivity and interoperability of the national transit IT system with
the new computerised transit system (NCTS) was made possible (CCN/CSI connection), the
accession of Turkey to the Common Transit Convention (CTC) is still pending. In the area of
tariffs (TARIC, Quota and surveillance), IT systems are not yet in place. Progress regarding a
paperless customs environment has been limited to export procedures. Activities in the area of
a single window are at an early stage. The Ministry lacks a strategic plan for electronic
customs as well as for converging IT activities and business initiatives to implement
modernised customs rules. An IT strategy in this regard remains to be adopted. Preparations
in the area of administrative and operational capacity are on track.
‘Customs Union’ is one of the eight chapters covered by the conclusions on Turkey adopted
by the Council (General Affairs and External Relations) on 11 December 2006 and endorsed
by the European Council on 14/15 December 2006. As long as restrictions remain in place on
the free movement of goods carried by vessels and aircraft registered in Cyprus or whose last
port of call was in Cyprus, Turkey will not be in a position to fully implement the
acquis
relating to this chapter.
Conclusion
Good progress was made in the field of the Customs Union. Further alignment is needed on
duty relief, free zones, surveillance, tariff quotas and IPR. Requesting importers of products in
free circulation in the EU to submit information on origin in any format prior to customs
clearance is not in line with the Customs Union. Preparations in the area of customs IT
systems need to continue. Additional efforts are required to improve risk-based controls and
simplified procedures to facilitate legitimate trade while ensuring security and safety. Overall,
the EU-Turkey Customs Union has enabled Turkey to reach a high level of alignment with the
acquis
in this area.
4.30.
Chapter 30: External relations
Limited progress can be reported in the area of the
common commercial policy.
There has
been limited progress in the alignment of the Turkish generalised system of preferences
(GSP). In particular, further alignment is needed with the EU’s GSP, namely with regard to
geographic coverage and rules of origin.
During the reporting period, Turkey concluded all eight safeguard investigations with
decisions on extension of measures applied to frames for spectacles, bags, cotton yarn,
electrical appliances, matches, motorcycles and footwear and definitive measures on PET
(polyethylene terephthalate). Intensive use of safeguard measures adversely affects progress
towards alignment with the common commercial policy.
Turkey maintains a satisfactory level of coordination with the EU within the WTO, in
particular as regards the Doha Development Agenda and in the context of the G-20. However,
there is room for further improvements in this area. Coordination within the OECD has been
satisfactory.
No further alignment in the area of medium- and long-term export credits can be reported
although a new regulation is in the pipeline. There is room for improving legislation on
dual-
use export controls
in particular by using a single consolidated list of dual use items and
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technologies. Turkey’s level of alignment with the EU common commercial policy continues
to be high.
There has been progress on
bilateral agreements with third countries.
During the reporting
period, the free trade agreement with Lebanon was ratified. Turkey signed free trade
agreements with Mauritius and South Korea. The free trade agreement between Turkey and
Syria has been suspended. Turkey has published amendments to origin protocols of free trade
agreements with Bosnia-Herzegovina and Croatia to enable cumulation with the EU for the
goods covered by the Customs Union.
Turkey made some progress in the field of
development policy
and
humanitarian aid.
The
total amount of official development aid granted by Turkey in 2011 was about € 944 million
in 2011. The level of alignment in this field remained satisfactory.
‘External relations’ is one of the eight chapters covered by the conclusions on Turkey adopted
by the Council (General Affairs and External Relations) on 11 December 2006 and endorsed
by the European Council on 14/15 December 2006. As long as restrictions remain in place on
the free movement of goods carried by vessels and aircraft registered in Cyprus or whose last
port of call was in Cyprus, Turkey will not be in a position to fully implement the
acquis
relating to this chapter.
Conclusion
Some progress was made in the area of external relations. Further alignment is required in
areas such as the general system of preferences and control of dual-use goods. Intensive use
of safeguard measures is a cause of concern. Overall, the level of alignment in this area
remains high.
4.31.
Chapter 31: Foreign, Security and Defence Policy
The regular
political dialogue
between the EU and Turkey covered international issues of
common interest, including developments in North Africa, the Middle East and the Gulf, the
Middle East peace process, the Western Balkans, Afghanistan/Pakistan, Russia and the
Southern Caucasus as well as counter-terrorism and non-proliferation issues. Informal EU-
Turkey consultations took place in Ankara on the Western Balkans, Africa, the Middle East,
North Africa and the Gulf. (Concerning
relations with other enlargement countries and
Member States, see Political criteria 2.3 — Regional issues and international obligations)
As regards the
common foreign and security policy (CFSP),
Turkey aligned itself, when
invited, with 37 out of 70 relevant EU declarations and Council decisions (53% alignment).
Turkey did not align itself in particular with declarations and Council decisions on Syria, Iran,
Libya, Tunisia, Egypt and Bahrain. Turkey did not sign the statute of the International
Criminal Court. Turkey announced its candidacy for a non-permanent seat at the UN Security
Council for 2015-16.
Bilateral relations with
Iraq
started deteriorating markedly in February although Turkey’s
relations with the Kurdish Regional Government in Northern Iraq have been significantly
strengthened. Turkey strongly condemned terrorist attacks in Iraq.
Turkey continued to engage with
Iran.
On the nuclear dossier, Turkey hosted EU3+3 and Iran
talks in April and July. Turkey did not align itself with restrictive measures imposed by the
EU on Iran. Turkey’s sole oil refiner Tupras however reduced imports of Iranian oil by 20%
before 1 July.
Turkey stepped up its relations with
Gulf countries.
Turkey hosted the fourth Joint Ministerial
Meeting of the GCC-Turkey High Level Strategic Dialogue in Istanbul in January. In April,
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Prime Minister Erdoğan visited Saudi Arabia and attended the 13th United Nations
Conference on Trade and Development in Qatar.
As regards the
Middle East,
Turkey’s diplomatic relations with
Israel
remain downgraded and
military agreements with Israel suspended. Turkey repeatedly strongly condemned Israeli
settlement activities. Close relations were maintained with the Palestinian Authority.
Turkey was particularly vocal on Syria, condemning strongly and repeatedly the
Syrian
regime’s violence against civilians and calling on it to refrain from disproportionate and
excessive use of force. Turkey welcomed UNSC Resolutions 2042 and 2043 on a UN
supervisory mission and UNGA Resolution of 3 August 2012. Turkey announced that it
considered President Assad illegitimate and established close contacts with the Syrian
opposition and in particular with the Syrian National Council. After the downing of a Turkish
aircraft by Syria, Turkey increased its military presence along the borders. Turkey closed its
Embassy in Damascus and Consulate General in Aleppo. Turkey closed its borders for
commercial traffic with Syria, although it maintained an open border policy for individuals.
Turkey provided humanitarian assistance to an increasing number of Syrians fleeing their
country (nearly 100,000 present in September). As regards developments in
North Africa,
Turkey took a positive and supportive stance and welcomed the democratic trends in various
countries. Foreign Minister Davutoglu visited Egypt on 2- 3 July 2012. Turkey welcomed the
establishment of a new government under the leadership of Prime Minister Kandil in Egypt.
Turkey strengthened its relations with
African countries
and plans to have a network of 34
missions in Africa by end-2012. Turkey was particularly vocal on the humanitarian and
political crisis in
Somalia
and hosted the Second Istanbul International Conference on
Somalia on 1 June 2012. Turkey provides assistance to
Sudan
on health and vocational
training.
As regards relations with the
Southern Caucasus and Central Asia,
Turkey’s chairmanship of
the Conference on Interaction and Confidence Building Measures in Asia was extended in
April until 2014.
The first meeting of the High Level Strategic Cooperation Council between Turkey and
Azerbaijan
was held in Izmir in October 2011. An agreement was reached on the sale of gas
from Shah Deniz II for consumption in Turkey and transit through Turkey. The protocols
signed with
Armenia
in 2009 to normalise relations have still not been ratified.
Turkey also hosted the 20th anniversary Summit of the Black Sea Economic Cooperation
Organisation (BSEC).
Turkey continued its efforts to enhance cooperation with and between
Afghanistan and
Pakistan,
in particular through hosting the Istanbul Conference for Afghanistan ‘Security and
Cooperation in the Heart of Asia’ – where the ‘Istanbul process’ to back political
reconciliation at a regional level was also launched – and the sixth Trilateral Summit of
Afghanistan, Turkey and Pakistan.
Turkey-Russia relations were marked by a number of high-level visits.
Turkey and the
United States
consulted regularly on regional developments and cooperated
closely on security and counter-terrorism. The two countries co-chair the Global Forum on
Counter Terrorism, a Ministerial level meeting of which took place in Istanbul in June.
Turkey strengthened its relations with
Asian countries
via a series of high-level visits. Turkey
developed its relations with
South American countries.
In November Turkey announced
restrictive measures
on Syria, including a travel ban, a freeze
of assets and trade restrictions.
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Concerning the
non-proliferation
of weapons of mass destruction, Turkey is party to all
existing international arrangements. In February, Turkey ratified the 2005 UN Convention for
the Suppression of Acts of Nuclear Terrorism. There has been limited progress on dual use
goods. Turkey has revised nuclear transfer trigger and nuclear dual use lists. Concerning
dual-
use export controls,
Turkey has not aligned itself with the EU position on membership of
certain suppliers’ groups, such as the Wassenaar Arrangement on export controls for
conventional arms and dual-use goods and technologies, and the Missile Technology Control
Regime.
Turkey continued to engage actively in
cooperation with international organisations,
such as
the UN and the Council of Europe. Turkey ratified the third Protocol to the Treaty on Amity
and Cooperation, which provides that the EU may accede to the Treaty. However, Turkey
announced its intention not to align with any declaration or statement of the EU in the
framework of international organisations during the Cyprus Presidency.
There have been no particular developments with regard to
security measures (exchange of
classified information).
As regards
civil and military crisis management
in the framework of the
common security
and defence policy (CSDP),
Turkey continues to contribute to the EU-led military mission in
Bosnia and Herzegovina (EUFOR Althea). It is also contributing to the EUPM (the EU-led
police mission in Bosnia and Herzegovina) and to the EULEX mission in Kosovo. The issue
of EU-NATO cooperation beyond the ‘Berlin plus’ arrangements that would involve all EU
Member States remains to be resolved.
Conclusion
The political dialogue with the EU on foreign and security policy intensified significantly,
also given Turkey’s influential regional role in supporting reforms, including with regard to
recent developments in North Africa. Turkey was also vocal on Syria, condemning strongly
and repeatedly the regime’s violence against civilians and providing vital humanitarian
assistance. However, during the reporting period, Turkish alignment with CFSP declarations
continued to be low when compared to earlier periods. Overall, preparations in the area of
foreign, security and defence policy are moderately advanced.
4.32.
Chapter 32: Financial control
Some progress can be reported in the area of
public internal financial control
(PIFC). The
Ministry of Finance presented draft for a new Policy Paper to the European Commission in
June. This draft Policy Paper will need to be completed and should address the issues of
managerial accountability, the functioning of the various inspection services and the
delineation of control, audit and inspection functions, and also the establishment of a
permanent Central Harmonisation Unit for Internal Audit (CHU-IA) and the restructuring of
the Internal Audit Coordination Board. The appointment of internal auditors in the central and
local administration has not yet been completed. The function of internal audit is not clearly
described in the founding legislation of the public institutions. The Internal Audit
Coordination Board issued an Internal Audit Quality Assurance and Development
Programme. However, the Ministry of Finance needs to take a more active stance in steering
the reform process. As regards financial management and control (FMC), the Gap Analysis
and the Action Plan drafted by the Central Harmonisation Unit for Financial Management and
Control (CHU-FMC) has yet to be adopted. Preparations in this area in terms of alignment
with the
acquis
are advanced, while considerable further efforts are needed with regard to
implementation.
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Uneven progress can be reported in the area of
external audit.
Almost all implementing
legislation under the revised 2010 Law on the Turkish Court of Accounts (TCA) has been
issued. The TCA adopted a Regularity Audit Manual and drafted Manuals for Performance
Audit and Audit of Performance Indicators. The TCA established the Audit Development and
Training Centre. However, the TCA will now need to ensure that the law is implemented and
that the new audit techniques and concepts are adopted and understood by its audit staff. The
parliamentary follow-up to audit reports needs to be enhanced, and the parliament will need to
establish the necessary institutional structure with the technical expertise to analyse the
reports.
An amendment to the TCA Law adopted in July severely limits the competences of the Court
and invalidates some of the above developments, taking the level of alignment back to below
the standards of the International Organisation of Supreme Audit Institutions (INTOSAI) and
EU best practices.
Some progress can be reported in the area of
protection of the EU’s financial interests.
An
amendment to the founding legislation of the Prime Ministry Inspection Board (PMIB) was
adopted in November 2011. It reinforced the PMIB’s legal mandate as Turkey’s Anti-Fraud
Coordination Service (AFCOS), responsible for cooperation with the European Commission
and its European Anti-Fraud Office (OLAF). The PMIB issued guidelines on the process for
investigating irregularities involving EU Funds. The PMIB together with other relevant
institutions and OLAF continued operational cooperation on suspected fraud cases. However,
the PMIB will need to adopt implementing rules to clarify the functioning of the AFCOS
network on prevention, detection and follow-up of cases. With regard to the Convention on
the Protection of the European Communities’ Financial Interests (PIF Convention) and its
Protocols, the Turkish penal code is now sufficiently aligned with the PIF Convention.
However, monitoring of the actual implementation of the Convention needs to be scrutinised.
Good progress can be reported in the area of
protection of the euro against counterfeiting.
Turkey continues to participate in the Pericles Programme. The Counterfeit Tracking System
continues to operate among the Treasury, the Central Bank of Turkey, the Public Prosecutors
Office, the Turkish National Police and the Gendarmerie. The Turkish National Police is the
National Central Office (NCO) for cooperation with the EU institutions as part of the
Counterfeit Tracking System. Since July 2102, sanctions are in place against legal persons
who fail to withdraw counterfeit domestic and foreign currency from circulation. However,
the NCO will need to enhance centralisation of technical and police information. Institutions
serving de facto as the national analysis centre and national coin analysis centre needs to be
formally appointed. The law on enhancing the effectiveness of judiciary services, enacted in
July introduces fines against credit institutions that fail to withdraw counterfeits from
circulation. The Turkish institutions have prepared a Road Map for strengthening cooperation
with Europol, to enact the ‘Operational Cooperation Agreement’ with that body. Turkey
needs to take the necessary steps envisaged in the Road Map.
Conclusion
Some progress can be reported in the area of financial control, in particular as concerns the
protection of the euro. Additional efforts are still required, especially as regards the scope of
the new PIFC Policy Paper, reinforcement of the internal audit function in the public
administration and reinforcement of the Turkish AFCOS. Furthermore, recent amendments to
the Law on the Court of Accounts invalidate previous developments in the area of external
audit. Overall, preparations in this area are moderately advanced.
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4.33.
Chapter 33: Financial and budgetary provisions
There is no development to be reported regarding preparations for the application of the own
resources system. Basic principles and institutions in policy areas such as agriculture,
customs, taxation, statistics and financial control linked to the application of this system are
already in place. In the area of
traditional own resources,
Turkey’s customs legislation
largely complies with the
acquis.
However, additional efforts are needed for full alignment
and implementation.
Preparations in the area of the
VAT resource
and administrative capacity building to
calculate the statistical VAT base have yet to start. Turkey will need to take sound measures
for combating fraud in VAT and customs duties in order to ensure that it contributes
appropriately to the own resources system upon membership. There has been some progress
in the area of the
Gross National Income resource.
Turkish financial and statistical data
were further aligned with the European System of Accounts.
There has been no progress in the field of
administrative infrastructure.
Turkey will need to
establish coordination structures and implementing rules for accurate collection, accounting,
monitoring, payment and control of own resources, and reporting to the EU.
Conclusion
There has been no particular progress in this area. Sound coordination structures,
administrative capacity and implementing rules will need to be determined in due course.
Overall, preparations in the area of financial and budgetary provisions are at an early stage.
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Statistical Annex
STATISTICAL DATA
Turkey
Basic data
Population (thousand)
Total area of the country (km²)
National accounts
Gross domestic product (GDP) (billion national currency)
GDP (million euro)
GDP (euro per capita)
GDP (in Purchasing Power Standards (PPS) per capita)
GDP per capita in PPS (EU-27 = 100)
Real GDP growth rate (growth rate of GDP volume, national currency,
% change on previous year)
Employment growth (national accounts, % change on previous year)
Labour productivity growth: GDP growth per person employed (%
change on previous year)
Real unit labour cost growth (national accounts, % change on
previous year)
Labour productivity per person employed (GDP in PPS per person
employed, EU-27 = 100)
Gross value added by main sectors (%)
Agriculture and fisheries
Industry
Construction
Services
Final consumption expenditure, as a share of GDP (%)
Gross fixed capital formation, as a share of GDP (%)
Changes in inventories, as a share of GDP (%)
Exports of goods and services, relative to GDP (%)
Imports of goods and services, relative to GDP (%)
Industry
Industrial production volume index (2005=100)
Inflation rate
Annual average inflation rate (HICP, % change on previous year)
Balance of payments
Balance of payments: current account total (million euro)
Balance of payments current account: trade balance (million euro)
Balance of payments current account: net services (million euro)
Balance of payments current account: net income (million euro)
Balance of payments current account: net current transfers (million
euro)
of which government transfers (million euro)
Net foreign direct investment (FDI) (million euro)
Foreign direct investment (FDI) abroad (million euro)
of which FDI of the reporting economy in EU-27 countries (million
euro)
Foreign direct investment (FDI) in the reporting economy (million
euro)
of which FDI of EU-27 countries in the reporting economy (million
euro)
Public finance
General government deficit/surplus, relative to GDP (%)
General government debt relative to GDP (%)
Financial indicators
Gross foreign debt of the whole economy, relative to GDP (%)
Gross foreign debt of the whole economy, relative to total exports (%)
Money supply: M1 (banknotes, coins, overnight deposits, million euro)
Money supply: M2 (M1 plus deposits with maturity up to two years,
million euro)
Money supply: M3 (M2 plus marketable instruments, million euro)
Total credit by monetary financial institutions to residents
(consolidated) (million euro)
Interest rates: day-to-day money rate, per annum (%)
Lending interest rate (one year), per annum (%)
Note
1)
2)
Note
2001
64 693
783 562
2001
240.2
219 816
3 375
7 445
37
-5.7
:
-4.7f
:
49.2f
2007
69 805
783 562
2007
843.2
472 897
6 735
11 349
45
4.7
:
3.5f
:
63.6f
2008
70 586
783 562
2008
950.5
501 339
7 052
11 829
47
0.7
:
-1.5f
:
65.8f
2009
71 517
783 562
2009
952.6
440 942
6 120
10 943
46
-4.8
:
3.5f
:
70.0f
2010
72 561
783 562
2010
1 099
547 348
7 498
12 013
49
9.2
:
2.7f
:
69.9
2011
73 723
783 562
2011
1 298
556428
7 524
13 412
52
8.5
:
1.7f
:
72.5
3)
3)
3)
9.4
23.8
4.7
62.1
80.8
15.9
-0.9
27.4
23.3
Note
4)
Note
2001
72.6
2001
56.8
2001
4 198
-3 755
10 201
-5 583
3 335
224
3 188
-555
-486
3 743
3 178
8.5
22.3
5.4
63.7
84.1
21.4
-0.4
22.3
27.5
2007
114.8
2007
8.8
2007
-28 044
-34 186
9 692
-5 186
1 637
590
14 550
-1 537
-1 090
16 087
10 631
8.5
22.0
5.2
64.3
82.7
19.9
1.9
23.9
28.3
2008
114.2
2008
10.4
2008
-28 232
-36 049
12 067
-5 687
1 437
495
11 528
-1 733
-611
13 261
9 070
9.1
21.1
4.2
65.6
86.2
16.9
-1.9
23.3
24.4
2009
102.9
2009
6.3
2009
-9 586
-17 816
12 415
-5 873
1 688
853
4 917
-1 113
-884
6 030
3 776
9.5
21.8
4.7
64.1
86.0
18.9
0.6
21.2
26.8
2010
116.4
2010
8.6
2010
-35 184
-42 578
11 687
-5 385
1 092
425
5 713
-1 104
-700
6 818
4 163
9.0
22.5
5.0
63.5
85.1
21.9
2.0
23.7
32.6
2011
126.8
2011
6.5
2011
-55 487
-64 275
13 127
-5 585
1 246
570
9 634
-1 770
-1 134
11 404
8 407
Note
Note
2001
-26.2
85.2
2001
58.7
362.5
8 965
37 253
38 973
26 977
93.0
58.9
2007
-1.5
39.9
2007
35.8f
232.6
44 644
201 366
215 308
140 157
17.3
20.0
2008
-2.8
40.0
2008
39.5
212.3
39 927
203 840
214 473
138 301
16.1
17.5
2009
-7.0
46.1
2009
42.2
262.8
49 691
228 237
240 246
153 867
9.2
9.0
2010
-2.6
42.4
2010
39.5
254.0
65 976
286 595
299 805
231 862
6.6
9.0
2011
-1.1
39.8
2011
:
:
:
:
:
:
:
12.5
Note
5)6)7)
5)6)8)
5)6)9)
10)
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Deposit interest rate (one year), per annum (%)
euro exchange rates: average of period - 1 euro = … national
currency
Effective exchange rate index (2005=100)
Value of reserve assets (including gold) (million euro)
External trade
Value of imports: all goods, all partners (million euro)
Value of exports: all goods, all partners (million euro)
Trade balance: all goods, all partners (million euro)
Terms of trade (export price index / import price index)
Share of exports to EU-27 countries in value of total exports (%)
Share of imports from EU-27 countries in value of total imports (%)
Demography
Natural growth rate: natural change (births minus deaths) (per 1000
inhabitants)
Infant mortality rate: deaths of children under one year of age per
1000 live births
Life expectancy at birth: male (years)
Life expectancy at birth: female (years)
Labour market
Economic activity rate (20-64): share of population aged 20-64 that is
economically active (%)
* Employment rate (20-64): share of population aged 20-64 in
employment (%)
Employment rate male (20-64) (%)
Employment rate female (20-64) (%)
Employment rate of older workers (55-64): share of population aged
55-64 in employment (%)
Employment by main sectors (%)
Agriculture
Industry
Construction
Services
Unemployment rate: share of labour force that is unemployed (%)
Share of male labour force that is unemployed (%)
Share of female labour force that is unemployed (%)
Unemployment rate of persons < 25 years: share of labour force aged
<25 that is unemployed (%)
Long-term unemployment rate: share of labour force that is
unemployed for 12 months and more (%)
11)
62.2
1.094
94.2
22 649
22.3
1.778f
130.4
51 926
22.9
1.896
132.7
53 342
17.2
2.151
126.4
51 949
15.0
1.989
144.2
64 350
:
:
127.8
68 180
Note
12)
2007
2008
2009
2010
2011
123
136
100
138
173
959.4
441.0
763.7
813.8
098.9
35 062.2 78 126.4 89 559.1 73 283.7 85 263.7 96 973.3
-11 193.5 -45 833.0 -46 882.0 -27 480.0 -53 550.1 -76 125.6
96.4
100.3
97.2
102.0
98.2
94.9
56.0
56.3
47.9
45.9
46.2
46.2
47.9
40.2
36.8
40.1
38.9
37.8
2001
13.5
28.3
69.4
73.5
2007
11.7
15.9
71.4
75.9
2007
52.7
48.2
73.0
24.2
27.1
2008
13.4
14.9
71.5
76.2
2008
53.5
48.4
72.7
24.9
27.4
2009
13.3
14.0
71.7
76.5
2009
54.5
47.8
70.4
25.8
28.2
2010
13.0
13.2
71.8
76.8
2010
55.9
50.0
72.7
28.0
29.6
2011
12.8
12.6
72.0
77.1
2011
57.2
52.2
75.1
29.8
31.4
2001
46 255.8
Note
Note
15)
15)
2001
:
:
75.3
27.4
35.9
13)
13)
13)
13)
14)
14)
14)
14)
14)
35.8
18.1
5.3
40.8
:
:
:
:
:
22.0
21.2
6.1
50.7
8.9
8.8
9.2
17.3
2.6
22.1
21.4
6.0
50.4
9.7
9.6
10.0
18.5
2.6
23.1
19.6
6.3
51.0
12.7
12.7
12.7
23.1
3.2
23.7
20.3
6.5
49.5
10.8
10.5
11.5
19.9
3.0
24.0
20.0
7.1
49.0
8.8
8.3
10.1
16.7
2.3
Social cohesion
Note
Average nominal monthly wages and salaries (national currency)
16)
Index of real wages and salaries (index of nominal wages and
salaries divided by the CPI/HICP) (2000=100)
* Early school leavers - Share of population aged 18-24 with at most
17)
lower secondary education and not in further education or training (%)
Standard of living
Number of passenger cars per 1000 population
Number of subscriptions to cellular mobile telephone services per
1000 population
Infrastructure
Density of railway network (lines in operation, per 1000 km²)
Length of motorways (km)
Innovation and research
Spending on human resources (public expenditure on education in %
of GDP)
* Gross domestic expenditure on R&D in % of GDP
Percentage of households who have Internet access at home (%)
Environment
* Greenhouse gas emissions, CO2 equivalent (tons, 1990=100)
Energy intensity of the economy (kg of oil equivalent per 1000 euro
GDP)
Electricity generated from renewable sources in % of gross electricity
consumption
Note
2001
:
:
58.1
2007
859.0
:
46.9
2008
956.0
:
45.5
2009
1 084.0
:
44.3
2010
1 142.0
:
43.1
2011
:
:
41.9
2001
70.1
282.9
2007
92.7
887.8
2008
96.3
932.5
2009
99.2
877.8
2010
104.0
851.3
2011
110.0
886.0
Note
2001
11.1
1 696
2001
:
0.54
:
2001
148.7
259.6
19.9
2007
11.1
1 908
2007
:
0.72
19.7
2007
203.2
250.5
19.1
2008
11.1
1 922
2008
:
0.73
25.4
2008
196.0
246.3
17.4
2009
11.6
2 036
2009
:
0.85
30.0
2009
197.6
257.4
19.6
2010
12.2
2 080
2010
:
0.84
41.6
2010
214.9
252.5
26.4
2011
:
:
2011
:
:
42.9
2011
:
:
:
Note
18)
19)
Note
20)
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Road share of inland freight transport (% of tonne-km)
Energy
Primary production of all energy products (thousand TOE)
Primary production of crude oil (thousand TOE)
Primary production of hard coal and lignite (thousand TOE)
Primary production of natural gas (thousand TOE)
Net imports of all energy products (thousand TOE)
Gross inland energy consumption (thousand TOE)
Electricity generation (thousand GWh)
Note
95.2
2001
24 576
2 679
12 281
284
50 160
75 402
122.7
2001
93.3
40 967
10 548
2.7
33 994
:
29 571
12 633
24 164
94.9
2007
27 454
2 241
14 797
827
80 688
107 627
191.6
2007
:
39 505
11 037
1.8
31 749
:
29 257
12 415
25 661
94.5
2008
29 209
2 268
16 674
931
78 294
106 421
198.4
2008
:
39 122
10 860
1.7
29 568
:
29 287
15 488
27 218
94.6
2009
30 328
2 349
17 402
627
75 295
106 138
194.8
2009
:
38 911
10 724
1.9
26 878
:
33 577
17 275
26 780
94.4
2010
32 487
2 671
17 523
625
79 400
109 260
211.2
2010
:
39 011
11 370
1.6
29 383
:
32 773
17 942
25 997
:
2011
:
:
:
:
:
:
:
2011
:
38 247
12 386
1.8
32 310
:
35 202
16 126
27 547
Agriculture
Note
Agricultural production volume index of goods and services (producer
prices, previous year=100)
Total utilised agricultural area (thousand hectare)
Livestock: cattle (thousand heads, end of period)
21)
Livestock: pigs (thousand heads, end of period)
Livestock: sheep and goats (thousand heads, end of period)
Production and utilisation of milk on the farm (total whole milk,
thousand tonnes)
Crop production: cereals (including rice) (thousand tonnes, harvested
production)
Crop production: sugar beet (thousand tonnes, harvested production)
Crop production: vegetables (thousand tonnes, harvested production)
: = not available
- = not applicable
p = provisional
f = forecast
e = estimated value
b = break in series
* = Europe 2020 indicator
The balance of payments sign conventions are used for FDI. For FDI abroad a minus sign means investment abroad by the reporting
economy exceeded its disinvestment in the period, while an entry without sign means disinvestment exceeded investment. For FDI in the
reporting economy an entry without sign means that investment into the reporting economy exceeded disinvestment, while a minus sign
indicates that disinvestment exceeded investment.
Footnotes:
1)
Population (Total, 15-64 and 20-64) for 2008-2011 is given from ABPRS annual results and the rest is given from population
projections; demographic indicators were based on 2008 Address Based Population Registration System and Demographic and
Health Surveys; population projections have been revised according to the final result of 2008 Turkey Demographic and Health
Survey.
2)
Including lakes.
3)
Mid-year population figures were used.
4)
Industrial production index according to NACE Rev. 2; index data prior to 2005 are backcasted using exchange ratio regarding
average of 1997 and 2005 years.
5)
Central Bank of Turkey (CBRT) selling rate is used when converting money supply data in national currency (TRY) to Euro.
6)
Before December 2005, M1 included currency in circulation and demand deposits (TRY). From December 2005 onwards, M1
included currency in circulation and demand deposits (TRY,FX).
7)
Monetary liabilities of Participation Banks, Investment and Development Banks and amount of Money Market Funds are added to
money supply data beginning from December 2005.
8)
Before December 2005, M2 included M1 and time deposits (TRY); from December 2005 onwards, M2 included M1 and time
deposits (TRY, FX).
9)
Before December 2005, M3 included M2 and official deposits (time/demand). From December 2005 onwards, M3 included M2,
fund received from repo transactions and money market funds (B type liquid funds). Also beginning from December 2005,
deposits of Central Government are removed from M3 and other general government deposit items are classified in M1 and M2
according to maturity.
10)
Averages of monthly data, lending to enterprises more than one year.
11)
Averages of monthly data, up to one year or longer.
12)
Indices were based on 1994 from 1995 to 2002, after 2002, based on 2003. The base year of the both indices has been
rearranged as 2000=100.
13)
2001 - 2008, data according to NACE Rev 1; 2009 - 2011, data according to NACE Rev 2.
14)
Calculations on unemployment are made in line with harmonized EU definition (4 weeks criterion is used for definition of job
search).
15)
Data are given by the results of labour force survey.
16)
2007 - 2009, data is based on Income and Living Conditions Survey.
17)
Annual LFS results; the variable ‘participation in non-formal education or training (COURATT)’ was added into the calculation from
2004 (This variable was not asked in previous years).
18)
Revised GDP series (base year 1998) have been used for computing R&D share in GDP since 2007.
19)
From 2007 onwards, calculated according to mid-year population estimates.
20)
2001 - 2009, Kg of oil equivalent per 1000 euro GDP 1998.
21)
Excluding buffaloes.
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