# EUR-Lex - 52012PC0092 - EN

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# 52012PC0092

**Proposal for a COUNCIL DECISION on the position to be adopted on behalf of the European Unionin the EU-Turkey Association Council /* COM/2012/092 final - 2012/0041 (NLE) */**

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EXPLANATORY MEMORANDUM

The Agreement of 12 September 1963
establishing an association between the European Economic Community and Turkey[1] (hereinafter referred to as
"the Ankara Agreement") entered into force on 1 December 1964.
Pursuant to Article 22 of the Ankara Agreement, the EU-Turkey Association
Council may adopt appropriate decisions for the attainment of an objective of
this Agreement. On 22 December 1995, the Association Council adopted Decision
No 1/95 on implementing the final phase of the Customs Union[2].

The proper functioning of the Customs Union
requires that Turkey incorporates into its internal legal order the Union
instruments relating to the removal of technical barriers to trade. To that
effect, Decision No 2/97 of the Association Council established the list of
relevant Union instruments in force at that time. However, the continued
evolution of the Union acquis with regard to technical barriers to trade
requires an expedient procedure to up-date Decision No 2/97. Furthermore, the
continued evolution of the Union acquis requires the systematic update
of the Union instruments relating to the removal of technical barriers to trade
that Turkey needs to incorporate into its internal legal order. To this end the
amendment of some Articles of Decision No 1/95 is necessary.

This proposal for a Council Decision
defines the position to be taken by the European Union in the EU-Turkey
Association Council with regard to the amendment of Articles 8, 9 and 52 of the
Association Council Decision No 1/95.

2012/0041 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted on behalf of
the European Union
in the EU-Turkey Association Council

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 217, in
conjunction with Article 218(9) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)
The Agreement of 12 September 1963 establishing
an association between the European Economic Community and Turkey[3] (hereinafter referred to as
"the Ankara Agreement") entered into force on 1 December 1964.

(2)
Pursuant to Article 22 of the Ankara Agreement,
the EU-Turkey Association Council may adopt appropriate decisions for the
attainment of an objective of this Agreement.

(3)
On 22 December 1995, the Association Council
adopted Decision No 1/95 on implementing the final phase of the Customs Union[4].

(4)
The proper functioning of the Customs Union
requires that Turkey incorporates into its internal legal order the Union instruments
relating to the removal of technical barriers to trade.

(5)
To that effect, Decision No 2/97 of the
Association Council established the list of relevant Union instruments in force
at that time. The continued evolution of the Union acquis with
regard to technical barriers to trade requires an expedient procedure to
up-date Decision No 2/97.

(6)
The continued evolution of the Union acquis
requires the systematic update of the Union instruments relating to the removal
of technical barriers to trade that Turkey needs to incorporate into its
internal legal order. To this end the amendment of some Articles of Decision
No. 1/95 is necessary,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European
Union in the EU-Turkey Association Council shall be based on the draft Decision
of that Association Council, attached to this Decision.

Minor changes to the draft Decision may be
agreed to by the representatives of the Union in the Association Council
without further decision of the Council.

Article 2

After its adoption, the Decision of the
EU-Turkey Association Council shall be published in the Official Journal of
the European Union.

Article 3

This Decision shall enter into force on the
day of its adoption.

Done at Brussels,

For
the Council

The
President

Annex

Draft

DECISION No [.../2011] OF THE EU-TURKEY ASSOCIATION COUNCIL

of [...]

amending
Articles 8, 9 and 52 of Decision 1/95 of the EC-Turkey Association Council

THE EU-TURKEY ASSOCIATION COUNCIL,

Having regard to the Agreement of 12
September 1963 establishing an association between the European Economic
Community and Turkey, and in particular Article 22(3) thereof,

Whereas:

(1)
In accordance with Article 8 of Decision No 1/95
of 22 December 1995 of the EC-Turkey Association Council on implementing the
final phase of the Customs Union [5],
Turkey has to incorporate into its internal legal order the Community
instruments relating to the removal of technical barriers to trade.

(2)
To that effect, the Association Council has
adopted on 2 June 1997 Decision No 2/97 establishing the list of Community
instruments relating to the removal of technical barriers to trade and the
conditions and detailed arrangements governing their implementation by
Turkey [6].

(3)
The continued evolution of the Union acquis
with regard to technical barriers to trade requires an expedient procedure to
up-date Decision No 2/97.

(4)
Articles 8, 9 and 52 of Decision No 1/95 should
be amended in order to allow for the continued updating of the relevant
Association Council Decision.

(5)
This decision is without prejudice to any
position that Turkey may take in the accession negotiations of the relevant
chapters,

HAS ADOPTED THIS DECISION:

Article 1

The following sub-paragraphs shall be added
to Article 8 (2) of Decision No 1/95:

"The European Commission shall, at the
beginning of each year, propose to the Customs Union Joint Committee an
up-dated list of European Union instruments by adding newly adopted acts and
deleting the acts which are no longer relevant. The Customs Union Joint
Committee shall adopt the up-dated list of the European Union instruments
within four months from the date of presentation of the proposal. If the
Customs Union Joint Committee cannot reach an agreement on the inclusion of a
new act in this list or on the date by which Turkey shall incorporate a
particular act into its internal legal order, it shall adopt the list of acts
on which there is agreement, and the Association Council shall decide on the
other acts referred to in the proposal from the Commission.

Turkey shall incorporate into its internal
legal order the newly adopted acts as soon as possible, and at the latest
within fifteen months from the date of the decision on their incorporation by
the Customs Union Joint Committee or the Association Council, unless a longer period
is specified in the act itself or otherwise specified by the Customs Union
Joint Committee or the Association Council."

Article 2

The following sub-paragraph shall be added
to the beginning of Article 9 of Decision No 1/95:

"Where the assessment of the
Commission is needed for draft Turkish legislation, the Commission shall send
its comments within three months or in duly justified specific cases within six
months from the date of notification. The overall period of time spent by the
Commission for reacting to the Turkish draft legislation shall not be
considered as part of the period in which Turkey has to incorporate into its
internal legal order the newly adopted European Union acts in accordance with
Article 8(2). The Commission shall keep Turkey informed of the expected time of
response. The Parties will work closely together to ensure that Turkish
legislation is fully and timely aligned with the European Union acts."

Article 3

The following new sub-paragraph shall be
added to Article 52 of Decision No 1/95:

"The Customs Union Joint Committee
shall adopt each year the up-dated list of European Union instruments referred
to in Article 8."

Article 4

The instruments referred to in Article 1
shall be subject to horizontal adaptations set out in Annex I of Decision 2/97
of the EC-Turkey Association Council.

Article 5

This Decision shall enter into force on the
first day following its adoption.

Done at Brussels,

For the EU-Turkey Association Council

The President

[1]               OJ 217, 29.12.1964, p. 3687

[2]               OJ L35, 13.2.1996, p.1

[3]               OJ 217, 29.12.1964, p. 3687

[4]               OJ L35, 13.2.1996, p.1

[5]               OJ, L35, 13.2.1996, p. 1.

[6]               OJ L191, 21.7.1997, p. 1.