EN    EN EN 
 
EN    EN  EUROPEAN COMMISSION 
Brussels, 9.11.2010 
SEC(2010) 1327 final 
  
COMMISSION STAFF WORKING DOCUMENT 
 
TURKEY 2010 PROGRESS REPORT  
 
  
accompanying the 
 
COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIA MENT AND THE COUNCIL 
 
Enlargement Strategy and Main Challenges 2010-2011 
{COM(2010) 660 final} 
 
EN 2   EN TABLE OF CONTENTS 
1. Introduction................................................................................................................ .. 4 
1.1. Preface................................................................................................................... ....... 4 
1.2. Context ................................................................................................................... ...... 4 
1.3. Relations between the EU and Turkey......................................................................... 5 2. Political criteria .......................................................................................................... .. 6 
2.1. Democracy and the rule of law .................................................................................... 6 2.2. Human rights and the protection of minorities .......................................................... 16 2.3. Regional issues and international obligations............................................................ 36 3. Economic criteria ....................................................................................................... 38 3.1. The existence of a functioning market economy ....................................................... 38 3.2. The capacity to cope with competitive pre ssure and market forces within the Union
............................................................................................................................... ..... 42 
4. Ability to assume the obligations of membership...................................................... 44 4.1. Chapter 1: Free movement of goods .......................................................................... 45 4.2. Chapter 2: Freedom of movement for workers.......................................................... 48 4.3. Chapter 3: Right of establishment and freedom to provide services ......................... 48 4.4. Chapter 4: Free movement of capital......................................................................... 49 4.5. Chapter 5: Public procurement................................................................................... 50 4.6. Chapter 6: Company law............................................................................................ 51 4.7. Chapter 7: Intellect ual property law........................................................................... 52 
4.8. Chapter 8: Competition policy................................................................................... 54 4.9. Chapter 9: Financial services ..................................................................................... 55 4.10. Chapter 10: Information society and media............................................................... 56 4.11. Chapter 11: Agriculture.............................................................................................. 58 4.12. Chapter 12: Food safety, veteri nary and phytosanitary policy .................................. 59 
4.13. Chapter 13: Fisheries.................................................................................................. 61  
4.14. Chapter 14: Transport policy ..................................................................................... 62 4.15. Chapter 15: Energy .................................................................................................... 64 4.16. Chapter 16: Taxation.................................................................................................. 66 
 
EN 3   EN 4.17. Chapter 17: Economic and monetary union............................................................... 67 
4.18. Chapter 18: Statistics.................................................................................................. 6 8 
4.19. Chapter 19: Social policy and employment ............................................................... 68 4.20. Chapter 20: Enterprise and industrial policy.............................................................. 72 4.21. Chapter 21: Trans-European networks....................................................................... 73 4.22. Chapter 22: Regional policy and coordi nation of structural instruments .................. 73 
4.23. Chapter 23: Judiciary an d fundamental rights ........................................................... 75 
4.24. Chapter 24: Justice, freedom and security ................................................................. 81 4.25. Chapter 25: Science and research .............................................................................. 87 4.26. Chapter 26: Education and culture............................................................................. 88 4.27. Chapter 27: Environment ........................................................................................... 89 4.28. Chapter 28: Consumer and health protection............................................................. 91 4.29. Chapter 29: Customs Union....................................................................................... 93 4.30. Chapter 30: External relations.................................................................................... 94 4.31. Chapter 31: Foreign, secur ity and defence policy...................................................... 95 
4.32. Chapter 32: Financial control..................................................................................... 97 4.33. Chapter 33: Financial an d budgetary provisions........................................................ 98 
Statistical Annex .............................................................................................................. ...... 100 
 
EN 4   EN COMMISSION STAFF WORKING DOCUMENT 
2010 Progress Report 
1. INTRODUCTION  
1.1. Preface 
Following the conclusions of the Luxembourg European Council in December 1997, the 
Commission has reported re gularly to the Council and the Parliament. 
This report on progress made by Turkey in prep aring 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 term s of the political criteria for membership; 
– analyses the situation in Turkey on the basi s of the economic criteria for membership; 
– reviews Turkey's capacity to assume the obligations of membership, that is, the acquis 
expressed in the Treaties, the secondary legislation, a nd the policies of the Union.  
The period covered by this report is from early October 2009 to October 2010. Progress is 
measured on the basis of decisions taken, legisl ation adopted and measures implemented. As a 
rule, legislation or measures which are under preparation or awaiting Parliamentary approval 
have not been taken into account. This approach  ensures equal treatmen t across all reports and 
permits an objective assessment. 
The report is based on information gathered and analysed by the Co mmission. In addition, 
many sources have been used, including contri butions from the government of Turkey, the 
EU Member States, European Parliament reports1, and information from various international 
and non-governmental organisations. 
The Commission draws detailed conclusions rega rding Turkey in its separate communication 
on enlargement2, based on the technical analysis  contained in this report. 
1.2. Context 
The Helsinki European Council of December 1999 granted the status of candidate country to 
Turkey. Accession negotiations with Turkey were opened in October 2005. 
The Association Agreement between Turkey and the then EEC was signed in 1963 and 
entered in force in December 1964. Turkey and the EU formed a customs union in 1995. 
                                                 
1 The rapporteur for Turkey is Mrs. Oomen-Ruijten. 
2 Enlargement Strategy and Main Challenges 2010). COM (2010) 660 of 09.11.2010 
 
EN 5   EN 1.3. Relations between the EU and Turkey 
Accession negotiations  with Turkey  continued. During the preparat ory analytical phase the 
level of preparedness to star t negotiations on indi vidual chapters has been assessed on the 
basis of screening report s. Of a total of 33 screening report s, one has still to be delivered by 
the Commission to the Council whilst nine  are being discussed in the Council. 
So far, negotiations have been opened on thirteen chapters ( Science and research, Enterprise 
and industry, Statistics, Financial Control, Tr ans-European Networks, Consumer and health 
protection, Intellectual propert y 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 decision3 remains in force. 
The enhanced political dialogue  between the EU and Turkey has continued.  Political dialogue 
meetings were held at ministerial level on 26 November 2009 and 13 July 2010. There was 
one political dialogue meeting at  political director level on 10 February 2010. These meetings 
focused on the main challenges faced by Turkey in  terms of the Copenhage n political criteria 
and reviewed progress being made towards fu lfilment of Accession Partnership priorities. 
Foreign policy issues related to  regional areas of common intere st to the EU and Turkey, such 
as Iraq, Iran, the Middle East and the Caucasus, were also regularly discussed. Economic 
dialogue took place in a bilatera l meeting with the Commission a nd Turkish senior officials in 
February 2010. In addition, the multilateral ec onomic dialogue betw een the Commission, EU 
Member States and Candidate Countries in the context of the pre-accession fiscal surveillance 
continued, including a meeting at Ministerial level in May in Br ussels. Moreover, a number of 
high-level visits from Turkey to the Europ ean institutions took pl ace during the reporting 
period. 
The EU-Turkey Customs Union  continues to contribute to the enhancement of EU-Turkey 
bilateral trade, which amounted to €80 billion in 2009. Turkey is the EU's seventh biggest 
trading partner while the EU is the biggest trade partner of Turk ey. Almost half of Turkey's 
total trade is with the EU while more than tw o thirds of FDI in Turk ey come from the EU. 
However, Turkey maintained and introduced legisl ation and restrictions that are in violation 
of its commitments under the Customs Union. A number of Turkey’s commitments on removing technical barriers to trade such as  conformity assessments checks, import and 
export licensing requirements, restrictions on im port 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 tax discriminatory treatment remain 
unfulfilled. No progress can be reported concer ning Turkey's longstanding ban on imports of 
live bovine animals, beef meat and other animal products. Turk ey needs to fully implement 
the Customs Union and to remove a large number of obstacles affecting EU products that are 
in free circulation. The EU urge d Turkey to remove all remain ing restrictions on the free 
movement of goods, including restrictions on m eans of transport regarding Cyprus, and to 
fully implement the Customs Union.  
                                                
 
3 The decision sets out 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. 
 
EN 6   EN The EU provides guidance to the author ities on reform priorities through the  Accession 
Partnership , adopted in February 2008. Progress on thes e reform priorities is encouraged and 
monitored through the bodies set up under the Association Agreement. The Association 
Committee met on 27 March 2010, the Associ ation Council on 19 May 2010. Eight sector 
sub-committees have been held since November 2009. 
As regards financial assistance , some €654 million have been earmarked for Turkey from the 
Instrument for Pre-accession Assistance (IPA ) in 2010. The revised Multi-Annual Indicative 
Planning Document 2011-2013, which provides the strategic multi-annual framework for all 
programmes at national level (covering all five IPA components), has been drafted based on 
input from the Turkish institutions and will be presented to the IPA Management Committee in the beginning of 2011. Support will focus on pr iority areas such as, fundamental rights and 
the rule of law, public administration reform , competitiveness, environment, transport, 
energy, social development and agriculture and rural development. In addition, Turkey is 
benefiting from support for cross-border cooperati on and a series of regional and horizontal 
programmes under IPA. 
EU financial support has been provided to civil society  development under the Civil Society 
Facility, in particular to e nhance civil society organisations ´ capacities. Moreover, technical 
assistance was provided to the Turkish admini stration promoting good practices on support of 
active citizenship. In 2010 funding was also pr ovided to encourage a  civil society dialogue  
between Turkey and the EU in the areas of polit ical criteria and media. In addition, Turkey's 
participation in EU programmes and agencies has been co-financed and projects in areas such 
as media, youth, academic institutions, local authorities, cultural organisations/centres and civil society organisations have been supported. 
Assistance under IPA is implemented throug h decentralised management, meaning that 
assistance is managed by the Turkish authorities as a result of an accreditation process carried 
out by the Commission that wa s completed for IPA components I-IV in 2009. In 2010 the 
main focus has been to start implementati on under these components. Turkey needs to 
strengthen its capacity to absorb funds, achie ve results and implement in a timely manner 
components I-IV. Moreover, preparations for the conferral of mana gement responsibility 
under the rural development comp onent (V) need to be comp leted. The supervision by the 
National Authorising Officer ne eds to address system weakne sses, including monitoring and 
control, and further improve the quality and effi ciency of the project and programme cycles.  
2. P
OLITICAL CRITERIA  
This section examines progress made by Turk ey 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 minor ities. It also monitors compliance with 
international obligations, regional coope ration and good neighbourl y relations with 
enlargement countries and Member States. 
2.1. Democracy and the rule of law 
The domestic political agenda has been dominated by the constitutional reform package, the 
government’s democratic opening to address notably the Kurdish is sue and the widening 
investigations into alleged coup plans. A con frontational political climate prevailed, marked 
 
EN 7   EN by lack of dialogue and spirit of compromise between the ma in political parties and the 
government and strained relations be tween key political institutions.  
Further judicial investigations were opened into alleged coup plans prepared by military 
officers. In July, a criminal court in Istanbu l accepted the indictment against 196 suspects 
including 19 retired and 28 serving generals and admirals for establishing a structure outside 
the military hierarchy and attempting to overthr ow the government and constitutional order. 
The coup plan, referred to as ‘Sledgehamme r’, was allegedly prepared in 2003 under the 
auspices of the First Army. Pending the star t of the trial on 16 D ecember 2010 all defendants 
are free. 
The trial against the alleged criminal networ k Ergenekon is continuing  and investigations 
have been widened. A total of 270 people, in cluding 116 military officers and 6 journalists, 
were charged with trying to overthrow the government and to instigate armed riots under 
seven separate indictments. The case concer ning the 2006 attack on the Council of State, 
which left a senior judge dead, was merged w ith the Ergenekon case. A coup plan, referred to 
as the ‘cage plan’, dated March 2009, was seiz ed by investigators from Ergenekon suspects. 
The 'cage plan' allegedly aimed at destabili sing the country by killing members of non-
Muslim minorities, Former commanders of the ai r force, navy and army testified in the case 
and, for the first time, a full general on active duty, the commander of the Third Army, was 
summoned to testify as a member of the Erge nekon network in Erzin can. The investigation 
into the coup plan, referred to  as the ‘action plan against reactionarism’ begun in 2009 
continued.  
The time lapse between arrests and the presenta tion of indictments to the court in these 
investigations fuelled concerns about effective j udicial guarantees for all suspects. The length 
of pre-trial detenti on raises concern.  
In December, the Constitutional Court (CC) ruled unanimously to dissolve the Democratic 
Society Party (DTP) and to ban 37 members from  party politics for five years, including two 
Members of Parliament who thereby lost their parliamentary seats. Th e ruling was a serious 
setback to the government’s efforts at democr atic opening. Under Articles 68 and 69 of the 
Constitution and the relevant provisions of th e Law on political parties, the party was 
sentenced as a ‘focus of activities against the indivisible integrity of the State’. Former DTP Members of Parliament joined the new Peace and Democracy Party (BDP) and created a new 
parliamentary group under the BDP. 
Overall, the investigation into  the alleged criminal network Ergenekon and the probe into 
several other coup plans remain  an opportunity for Turkey to strengthen confidence in the 
proper functioning of its democrat ic institutions and the rule of law. However, there are 
concerns as regards ju dicial guarantees for all suspects. Turkey still needs to align its 
legislation as regards procedure and grounds fo r closure of political parties with European 
standards. 
Constitution  
The government put forward a number of amendments to the Constitution which were 
adopted by parliament in May and approved in a referendum in September with a majority of 
58% of the votes and high voter turnout (73%). The key provisions of the package change the 
composition of the Constitutional Court and of the High Council of Judges and Prosecutors, 
restrict the authority of military courts, a llow appeals against expulsion decisions by the 
 
EN 8   EN Supreme Military Council to be brought before ci vilian courts, establis h a constitutional base 
for the Ombudsman service, introd uce the right to collective bargaining for public servants 
and allow positive discrimination measures in  favour of women, children and the elderly. 
The government established an action plan on le gislation necessary for the implementation of 
the constitutional amendments, and indicate d its intention to consult stakeholders. 
Consultations are also ongoing with the Veni ce Commission of the Council of Europe for 
those constitutional amendmen ts regarding the judiciary. 
However, one of the key provisions originally  included in the package, which would have 
made closure of political parties more difficult, was dropped when it failed to secure sufficient 
votes in parliament. 
The drafting and adoption of the constitutiona l reforms was not preceded by a consultation 
process involving political parties and ci vil society. 
The main opposition Republican People’s Part y (CHP) lodged a petition before the 
Constitutional Court to annul th e entire package. The Court ruled against the annulment 
request but amended two provisions relating to  the process for appoi nting members of the 
Constitutional Court and of the High Council of Judges and Prosecutors. 
Overall , the constitutional amendments are a step  in the right direction. They address a 
number of priorities of the Accession Partners hip in the area of the judiciary, fundamental 
rights and public administration. However, br oad public consultation involving all political 
parties and civil society, with  their full engagement, is need ed to strengthen support for 
constitutional reform. The implementation of the amended constituti onal provisions through 
legislation, in line with European standards, is key.  
Parliament 
The confrontational political climate between th e main political parties continued to slow 
down work on political reforms. The main oppos ition CHP party elected a new party leader in 
May. Apart from the Law amending the Constitu tion, parliament passed a limited number of 
laws covering areas related to the Copenhagen polit ical criteria. 
In October, an amendment to the Law on th e election of parliamentarians was adopted. 
Accordingly, parliamentary elections will be held every four years instead of every five, in line with an amendment to the Cons titution adopted earlier in the year. 
In March, the Law on elections and electoral rolls was amended to allow use of languages 
other than Turkish for oral and written public ity material during elect ion campaigns. Further 
changes to the law aimed at ensuring transparency concerning the income and expenses of political parties and candidates during campaigns. 
No changes were made to the electoral system . The 10% of the national vote required for 
representation in parliament, wh ich is the highest threshold in  any Council of Europe member 
state, remains. 
The scope of parliamentary immunities continues to  raise concerns. It is too wide in cases of 
corruption but at the same time it does not ad equately protect the e xpression of non-violent 
opinions. The majority of the DT P/BDP Members of Parliament have been taken to court, 
based on an interpretation of Article 14 of the Constitution in favour of restriction of 
 
EN 9   EN immunities when crimes against the ‘integrity of the State’ are concerned (see the chapter on 
Anti-corruption policy).  
No progress has been made on improving parliament’s rules of procedure. Adoption of the 
draft finalised in February 2009 by the Consensu s Committee on Rules of  Procedure is still 
pending, due to lack of consensus between the political parties. 
Concerns about the administrative capacity of Turkey’s parliament persist in several fields, 
including executive-legislativ e relations and parliamentar y oversight and scrutiny. The 
Turkish Grand National Assembly plays a limited role in the formulation and implementation 
of Turkey’s accession strategy.  
President 
The President continued to play an active conc iliatory role promoting dialogue between the 
main political parties and endeavouring to ensure the sound operation of state bodies. 
However, there were concerns expressed conc erning the President’s appointments to certain 
key State institutions, in particular the judici ary and universities. The President stated his 
commitment to addressing the Kurdish issues and kept up his active ro le in foreign policy.  
Government  
In January, a new strategy for Turkey’s accessi on to the EU was prepared with the aim of 
speeding up the accession negotiations and in creasing public awareness and support for 
accession. In this context, on 15 March the Turk ish Council of Ministers adopted the 2010-
2011 action plan outlining legislation to be enacted and studies to be carried out on each chapter of the negotiations.  
In February, the Reform Monitoring Group (R MG) – made up of the Minister of Foreign 
Affairs, the State Minister for EU Affairs a nd Chief Negotiator and the Ministers of Justice 
and of the Interior – met under the chairmanship of the Prime Minister for the first time since 
the group was established in 2003, stating the government’s co mmitment to the EU accession 
process. The RMG continued to meet regularly in different parts of the country underlining 
the determination of the government to involve  the people more closely in the accession 
process. 
Some of the RMG’s recommendations have b een put into practice.  A sub-committee on 
political affairs, made up of high-level civil se rvants, has been establ ished to speed up work 
on political reforms. A deputy governor in each province has been designated as the EU contact point. Key reforms relevant to the access ion process were included in the package of 
amendments to the Constitution.  
The State Minister for EU Affa irs and Chief Negotiator further streamlined inter-ministerial 
coordination for the accession negotiations. The minister fr equently met civil society 
stakeholders to promote their participation in the accession process. 
However, further changes to the legislation, in particular as regards protection of fundamental 
rights, is necessary. The special legislative pr ocedure for EU reforms in parliament has not 
been adopted, in order to expedite it s work related to Turkey’s accession. 
Regarding local government, a delegation from the Council of Europe Congress of Local 
Authorities visited Turkey in May to follow up on recommendations made in 2007.  
 
EN 10   EN Transparency, accountability an d participatory mechanisms need to be strengthened, 
especially in local government to which furthe r resources and responsi bilities have been 
transferred. Strategic plans, pe rformance measures, establishi ng financial control systems, 
project management, crisis management, en vironmental management and information 
technology management remain to be established at local level. 
Overall , after a significant slowdown in the refo rm agenda over the last few years, the 
government put forward a number of key consti tutional reforms and specific measures, albeit 
of limited scope. The strained relations betw een key state bodies are continuing to have a 
negative impact on the smooth functi oning of political institutions.  
Public administration 
An inventory of public servic es was carried out by the government. Specific public service 
standards for procedures, quality, eligibility criteria and complaints were developed. Work on 
providing basic public services on-line (e-gov ernment) has continued with a view to 
improving their quality and to increasi ng transparency a nd accountability.  
The constitutional reform provides the basis fo r establishment of an Ombudsman institution.  
The amendments to the Constitution introduced protection of personal  data and access to 
information as constitutional rights.  
However, no progress has been made on reforming the civil service system, in particular to 
reduce red tape, to develop regu latory impact assessments (RIA) and to ensure transparency 
and merit-based advancement and appointments, particularly to high-level positions. Also, 
there is a lack of consultation by civil service of relevant stak eholders in the preparation of 
policies and legislation. Enforcement of co mmon standards and uniform implementation of 
the rules across the civil service remain to be achieved. 
With regard to implementation of the public fi nancial management and control (PFMC) law, 
an effective internal audit system, in the form of autonomous units within all State 
institutions, is not yet operational.  
Clear rules for establishing a business company or  a corporation to deliver public services by 
municipalities remain to be introduced. Su ch rules will reduce oppo rtunities for partisan 
employment and public funding without effective control.  
Overall , some progress has been made, in part icular towards establishing an Ombudsman 
institution, protection of personal data and acce ss to information. Further efforts are needed, 
in particular on reforming the civil servi ce and implementing the PFMC law. Increased 
political support to the public ad ministration reform is necessary. 
Civilian oversight of  security forces 
In February, the government a nnulled the secret protocol on Security, Public Order and 
Assistance Units (commonly called EMASYA),  which allowed military operations to be 
carried out without the consent of civilian authorities. Implementation of the annulment 
decision remains to be completed. 
In February, parliament adopted a law establis hing an Under-secretariat for Public Order and 
Security under the Ministry of the Interior to  develop policies on coun ter-terrorism and to 
 
EN 11   EN serve as secretariat for the Counter-Terrorism  Coordination Board. The law also established 
an Intelligence Assessment Centre to streng then intelligence-sharing between security 
institutions.  
The constitutional reform limits the jurisdictio n of military courts to ‘military service and 
military duties’. Under the new system, crimes ag ainst state security, the constitutional order 
and the functioning of this order will  be dealt with by civilian courts.  
The amendments to the Constitution opened di smissals of military staff by the Supreme 
Military Council to judi cial review. The const itutional provisi on providing immunity for the 
perpetrators of the 1980 coup d’état was delete d from the Constitution. In addition, the Chief 
of General Staff and the commanders of the army, air force, navy and gendarmerie will be tried before a high tribunal for any offences committed in the course of their official duties.  
Progress has been made as regards internal  audits, introduced by the public financial 
management and control law, in security inst itutions following the adoption of a regulation on 
the internal audit and management of movabl e properties of the armed forces, the national 
intelligence agency and the national policy, in Ju ly. The Court of Auditors has launched the 
planning phase for auditing the extra-budgetary  Defence Industry Support Fund (SSDF).  
The case against two non-commissioned officers  and an informant from the terrorist group 
PKK concerning the bombing of  a bookstore in Semdinli
4 is still pending. The case is with a 
criminal court in Hakkari further to the decision of the Van military court that the defendants should be charged for homicide a nd that there is no evidence to prove that they committed the 
offence of "Impairing the unity of the state" re gulated in article 302 of the Turkish criminal 
code. The military court set the accused free pending trial. 
Implementation of the regulation on the powers of the police and the gendarmerie in urban 
and rural areas has continued. Residential areas  in 31 towns with a combined population of 
about one million civilians were transferred fro m the Gendarmerie to the police, which is 
under civilian control. However, there has be en no progress on civilian control over the 
gendarmerie’s law enforcement activities. 
The trial of a serving gendarmer ie colonel who was allegedly involved in extra-judicial 
killings in the south-east in the 1990s continued. The proper conduct of this trial is critical for 
the fight against impunity.  
There is a decrease in the number of incident s where the armed forces exerted formal and 
informal influence on political issues beyond thei r remit. Nonetheless, on some occasions, the 
Chief of General Staff made comments a bout ongoing court cases and investigations. A 
number of criminal complaints were lodged by citizens and NGOs a bout such statements. 
However, there was no judicial follow-up. The selective accreditation by the military of 
certain media has continued. 
No change has been made to the Turkish Arme d Forces Internal Service Law, which defines 
the duties of the military and contains an arti cle leaving the military wide room for manoeuvre 
to intervene into politics. The Law on the National Security Counc il provides a broad 
                                                
 
4 The defendants are accused of the November 2005 bombing that killed one person and injured others in 
the town of Semdinli in Southeast Turkey. 
 
EN 12   EN definition of ‘security’, which, depending on in terpretation, could cover almost any policy 
field. 
No progress has been made concerning parliame ntary oversight of the defence budget or on 
audit of the properties of the ar med forces by the Court of Auditors. The Law on the Court of 
Auditors was adopted by the Planning and Budget Committee in May and is awaiting 
approval by the plenary.  
Overall , progress has been made on civilian oversight  of security forces. The jurisdiction of 
military courts was limited, the decisions of the Supreme Military Council were opened to 
judicial review and arrangement s were made for high-ranking officers to be tried by civilian 
courts. However, senior members of the arme d forces have made a number of statements 
going beyond their remit, in particular on judicial issues. No progress was made on 
parliamentary oversight over extr a-budgetary military funds.  
Judicial system 
Progress has been made on reforming the judi ciary. Implementation of the 2009 judicial 
reform strategy has continued. Some of the centr al pillars of the strategy were put in place by 
the amendments to the Constitution.  
As regards the independence of the judiciary, the constitutional amendments increased the 
number of full members of th e High Council of Judges and Prosecutors from seven to twenty-
two. In addition to representatives of the Court of Cassation and the Council of State, the new members include representatives of first inst ance judges, the Justic e Academy, law faculties 
and lawyers. This new membership lays  the foundation for ma king the High Council 
representative of the judiciary as a whole. 
The amendments to the Constitution open to judicial review decisions by the High Council 
dismissing members of the judiciary from the pr ofession. This is a move in the direction of 
establishing an effective remedy against decisi ons by the High Council. A Secretariat-General 
established under the High Counc il provides it with professi onal and secretarial support. 
Previously, professional and s ecretarial support for the Hi gh Council was provided by the 
Ministry of Justice. The High Council appoints judge s and prosecutors to this Secretariat. This 
should reduce the opportunities for the executive to interfere with ad ministration of the 
Council. 
Judicial inspectors responsible  for evaluating the performan ce of judges and prosecutors 
henceforth will report to the Hi gh Council and no longer to the Ministry of Justice, thus 
giving the High Council a basis for carrying out  its work without the risk of political 
interference. However, the minist er is still President of the Hi gh Council and the investigative 
authority of the High Council is subject to his approval
5. 
The Semdinli case is still pending. ( See the chapter on Civilian oversight of security forces ) 
The dismissal of the civilian pr osecutor previously in charge of the case, together with the 
                                                 
5 The draft Law on the High Council of Judges and Prosecutors proposed by the Ministry of Justice 
provides that these decisions of the Mi nister are subject to  judicial review. 
 
EN 13   EN handling of the case to date, has raised que stions about the independence of the High 
Council6. 
With regard to impartiality , constitutional provisions allowing military courts to try civilians 
have been taken out of the Constitution and ne w provisions explicitly prohibit such trials. 
Cases related to offences against the security of the state, the constitutional order and the 
functioning of this order are to be tried before  civilian courts. This followed the annulment by 
the Constitutional Court, in January 2010, of provisions of th e Criminal Procedure Code 
allowing civilian courts to try members of the armed forces in cases of organised crime and 
crimes against the state, on the basis that these conflicted with the constitutional provisions at 
the time. The new provisions for trial of such cases by civilian courts are positive. 
Since the adoption of the amendments to the Constitution, the Constitutional Court will be 
made up of seventeen members. Ten will be nominated by the Pr esident amongst the 
candidates nominated by the Court of Cassation, the Council of State, the Military Supreme 
Administrative Court, the Mil itary Court of Cassation and the High Education Board, and four 
will be elected directly by the President from among senior administrators, lawyers and rapporteur judges of the Constitu tional Court. The Parliament elects three members of the 
Constitutional Court from amongst the candidates proposed by the Court of Auditors and the 
Bar Associations. There are three voting rounds in Parliament. In th e third voting round the 
candidates are elected by simple majority. No alternate members are envisaged. The 
involvement of the Turkish parliament in th e election of Constitutional Court judges brings 
Turkish practice closer to that of EU Member  States. However, two of the judges are still 
military judges. As constitutional jurisprudence in  a democratic system is a civilian matter, 
the presence of military judges is questionable.  In addition, the amended Constitution 
provides that judges should be  at least forty-five years of age when elected for a non-
renewable term of twelve years. This implies that military judges might return to the military 
justice system when their term in the C onstitutional Court expires, which could raise 
questions about their impartiality  as Constitutional Court judges. 
Senior members of the judiciary and of the milit ary have made statements that could put the 
impartiality of the judiciary at risk in important cases. 
With regard to the efficiency  of the judiciary, use of info rmation technology in the judicial 
system has accelerated judicial  procedures and facilitated third party access to judicial 
proceedings. The number of judicial staff con tinued to increase. On 20 September 2010 there 
were a total of 11,394 judges and prosecutors  (11,121 judges and prosecutors on 1 May 
2009). Progress has been made as  regards juvenile justice.  (See the chapter on Children’s 
rights ) 
However, the overall number of vacancies for judges and prosecutors re mains significant at 
3,299 on 20 September 2010 (3,875 on 1 May 2009). The regional co urts of appeal are not 
operational yet. By law, they should have been in operation by June 2007. 
The regional courts of appeal have  not been established yet. By law, they should have been in 
operation by June 2007. 
                                                
 
6 The civilian prosecutor in this case published the indictment in 2006. It included accusations against 
high-ranking military commanders. The General Staff criticised the indictment and urged those bearing 
constitutional responsibility to take action. The High Council of Judges and Prosecutors took the 
dismissal decision in April 2006. 
 
EN 14   EN The arrest of the Chief Public  Prosecutor of Erzincan on th e grounds of involvement in 
alleged organised crime led the High Council of  Judges and Prosecutors to revoke the powers 
of the specially authorised public prosecutor wh o ordered the arrest. Senior members of the 
judiciary made public statements in support of this decision by the High Council. This 
situation created tensions, both within the judiciary and between the High Council and the 
ministry, and raised questions about the ability of the judici ary to conduct a fair trial. 
Investigations in some high-prof ile cases continued to raise concerns. This points to the need 
to improve the work of the police and the ge ndarmerie but, also, the working relationship 
between the police and the gendarmerie on the one hand and the judiciary on the other. The 
ECtHR in its Chamber judgement of 14 September 2010 on the case of Dink v. Turkey7 
considered that the Turkish au thorities had not done everything that could reasonably have 
been expected of them to prevent Mr Dink’s assassination and that no effective investigation 
had been carried out into the failures which o ccurred in protecting the life of Mr Dink. There 
had therefore been a violation of Article 2 (right to life). In additi on, the Court found a 
violation of Articles 10 (freedom of expression ), and 13 (right to an effective remedy) in 
conjunction with Article 2. Turkey  indicated that it will not ap peal the Chamber's judgement. 
There has been no progress on introduction of a mediation system in to civil justice. 
Reconciliation, introduced into th e criminal justice system in  2005, is not used effectively. 
Provision of legal aid is inadequate  in terms of either its coverage or the quality of services 
provided. The implementation of pre-trial detenti on is not limited to circumstances where it is 
strictly necessary in the public interest. This adds to the overcrowding in prisons, where more than half of the inmates await trial. Judges do not make effectiv e use of the probation system.  
There are concerns about the functioning of the Fo rensic Medicine Instit ute. In a number of 
cases the institute gave conflicting reports on the same case at different times. The backlog of 
the institute leads to delays in judicial proceedings.  
A Council of State judgment in 2009 pointed to the overlapping responsi bilities for provision 
of in-service training between the Training Department of the Ministry of Justice and the 
Turkish Justice Academy. Pre-service and in-servi ce training both fall un der the responsibility 
of the Justice Academy. 
Overall , there has been progress in the area of the judiciary. The adoption of the amendments 
to the Constitution on the composition of the Hi gh Council of Judges and Prosecutors as well 
as the limitation of the authority of military cour ts is a positive step. However, the Minister of 
Justice still chairs the High C ouncil and has the last word on investigations. Attention needs 
to be paid to establishing an effective dial ogue with all stakeholde rs and to implementing 
these reforms in accordance with European standards and in an open, transparent and inclusive way. 
Anti-corruption policy 
The government adopted a 2010-2014 strategy for enhancing transparency  and strengthening 
the fight against corruption in Fe bruary 2010. A ministerial committee
8 was established in 
December 2009 together with an executive boa rd made up of representatives of public 
                                                 
7 Applications no. 2668/07, 6102/08, 30079/08, 7072/09 and 7124/09. 
8 The ministerial committee consists of the Deputy Prime Minister and four ministers (Ministry of 
Justice, Ministry of Interior, Ministry of Finance, Ministry of Labour and Social Security).  
 
EN 15   EN institutions, labour unions a nd the Turkish Union of Chambe rs and Stock Exchanges (TOBB)  
to form further anti-corrupti on strategies and to direct a nd monitor their implementation. 
The strategy aims at developing preventive a nd repressive measures against corruption and 
improving public governance by introducing more tr ansparency, accountabili ty and reliability 
in the public administration.  
An action plan setting the timetables for adopt ion and implementation of each measure was 
approved by the ministerial committee in April 2010. Effective implementation could 
contribute to changing behaviour of public administration, so th at it promotes and protects 
integrity and reduces opportuni ties for corrupt practices. Howe ver, participation by civil 
society and its role on the executive board and in implementation of the strategy need to be 
strengthened.  
By June 2010, Turkey had implemented 15 of the 21 recommendations in the 2005 evaluation 
reports by the Group of States  against Corruption (GRECO).  The GRECO report suggests 
further efforts, in particular to broaden th e representation of the anti-corruption oversight 
body, to enhance the independence of the judiciar y and, to reform the system of immunities 
and to finally establish the Ombudsman ins titution. The constitutional amendments provide 
the basis for progress on enhancing the inde pendence of the judiciary and an Ombudsman 
institution. 
In December 2009, the Prime Minist erial Inspection Board was a ppointed as the counterpart 
of the European Anti-Fraud Office (OLAF) and was given the task of Anti-Fraud 
Coordination Structure (AFCOS) responsible for i nvestigation of irregula rities in the context 
of financial cooperation be tween the EU and Turkey. (See Chapter 32 – Financial control)  
In February 2010, the Constitutional Court annull ed the provisions of the Law on the Council 
of Ethics regarding publication of the names of civil servants who violat e the code of ethics, 
on the grounds that publishing names without a judicial decision w ould jeopardise the 
presumption of innocence. Et hics training has c ontinued and around 7,000 civil servants 
working for central and local governments have been trained between October 2009 and September 2010. In September, the Government a dopted a regulation on the code of ethics 
with which investigators and auditors shoul d comply while doing their jobs. However, no 
progress has been made on extending ethics ru les to academics, military personnel and the 
judiciary.  
No progress has been made on limiting the immun ities of Members of Parliament concerning 
corruption-related offences.  
Further measures are needed to complete the existing legislation and ensure its effective 
implementation to increase transparency on th e financing of political  parties and election 
campaigns. More resources are al so required in order to better detect illegal practice, in 
particular to extend the current monitoring m echanism to election campaign funding of parties 
and candidates. 
For the first time, a mayor of a metropolitan municipality
 (Adana) was suspended from 
mayoral duties on March 2010 by the Ministry of  Interior because of serious corruption 
allegations. Administrative and judi cial investigations are continuing. 
 
EN 16   EN The investigation begun in 2009 into the charity association Deniz Feneri concerning a fraud 
case in Germany is continuing. The police made searches on the premises of the association and at the homes of the suspects. However, no indictment has been submitted to court yet.  
The draft law on the Turkish Cour t of Auditors, which envisage s strengthening the Court and 
extending its mandate, was adopted by the Plan ning and Budget Committee of the Parliament 
in May and is awaiting approval by the plenary. (See Chapter 23 - Judiciary and fundamental 
rights)  
Overall , progress has been made as regards th e development of a comprehensive anti-
corruption strategy and action plan and of a bo dy to oversee and monitor its implementation, 
thus addressing Accession Partnership priorities.  However, effective implementation of the 
strategy is necessary to reduc e corruption which remains prev alent in many areas. Turkey 
needs to develop a track record of inves tigations, indictments, and convictions.  
2.2. Human rights and the protection of minorities 
Observance of international human rights law As for ratification of human rights instruments , ratification of the Optiona l Protocol to the UN 
Convention against Torture (OPCAT) is still pending before parliament. Turkey has not 
ratified three additional Pr otocols to the European C onvention on Human Rights (ECHR)
9.  
The number of rulings of the European Court of Human Rights (ECtHR)  finding that Turkey 
has violated the ECHR continue d to increase. During the repor ting period the court delivered 
a total of 553 judgements finding that Turkey  had violated the ECHR. The number of new 
applications to the ECtHR we nt up for the fourth consecu tive year. Since October 2009, a 
total of 5,728 new applications were made to the ECtHR. The majority  of them concern the 
right to a fair trial and protection of prope rty rights. As of September 2010, 16,093 cases were 
pending before the ECtHR regarding Turkey. The amendment to the Constitution introducing the right to submit individual applications to th e Constitutional Court is an important step to 
reduce the number of applic ations to the ECtHR.  
Turkey has abided by the majority of ECtH R rulings, including payment of compensation 
totalling €6.1 million in 2009. Amendments to th e Law on enforcement of judgments address 
shortcomings in the judicial process that were  identified in several ECtHR rulings against 
Turkey. However, some rulings have not been followed up by Turkey for several years
10. The 
government’s announcement that it would addre ss these issues was not followed by action.  
In the Cyprus v. Turkey  case, the issue of missing person s and restrictions on the property 
rights of Greek Cypriots living permanently in  the northern part of Cyprus remains pending. 
At a meeting in September 2010, the Comm ittee of Ministers decided to postpone 
examination of these issues until December 2010. In its Grand Chamber Decision of 5 March 
                                                 
9 Protocols 4, 7 and 12.  
10 The non-implementation of the Hulki Güne ş, Göçmen and Söylemez judgments has resulted in 
deprivation of liberty for the defendants for severa l years without due process of law. A legislative 
amendment is required to remedy this situation. Fu rthermore, Turkey has not adopted legal measures to 
prevent repetitive prosecution and conviction of c onscientious objectors. Other issues awaiting 
legislative measures by Turkey concern control of the activities of security forces, effective remedies 
against abuse, restrictions on freedom of expression and excessive length of pre-trial detention. 
 
EN 17   EN 2010 on the Demopoulos v. Turkey  case the ECtHR concluded th at, for the purposes of the 
ECHR, remedies available may be regarded as effective and accessible domestic remedies 
which have to be exhausted before applicatio ns before the ECtHR can  be found admissible. 
However, the court stressed that this decision wa s not to be interpreted as requiring applicants 
to make use of the Immovable Property Comm ission procedure. Applicants could choose not 
to do so and await a political solution. Sin ce March the number of applications to the 
Immovable Property Commission has increased substantially.  
Regarding promotion and enforcement of human rights , the government plans the 
establishment of several human rights institu tions. In particular, the draft law on the 
establishment of the Turkish Independent Human Rights Institution was submitted to parliament in February 2010. Opinions from  NGOs were discussed by the relevant 
parliamentary sub-committee. The draft law before  parliament needs to be amended to bring it 
into line with the UN framework, in particular  as regards the independence and functional 
autonomy of this new institution. It is important  to conduct this process in close consultation 
with NGOs. 
The constitutional reform provides the basis fo r establishment of an Ombudsman institution.  
Human rights training for public officials, judges, public pros ecutors and police officers 
continued. In-service and on-the- job training for the gendarmerie includes training on human 
rights together with specialist training on techni ques for reviewing allega tions of human rights 
violations. 
The Human Rights Investigation Committee of the Parliament published 13 reports. However, 
the Committee has been focussing on policy making and the legislative process.  
Human rights defenders  have continued to face criminal proceedings. Investigations carried 
out as part of the fight agains t terrorism have raised concerns following the arrests of trade 
union and human rights activists. The wide defi nition of terrorism under the Anti-Terror Law 
remains a cause for concern ( See the chapter on the Situ ation in the south-east ). 
Human rights institutions lack res ources, independence and impact. 
Overall, some progress was made on observance of  international human rights law. However, 
a number of reforms have been outstanding for several years. Legislation on human rights' 
institutions needs to be brought fu lly in line with UN principles.  
Civil and political rights  
The government pursued its efforts to ensure compliance with legal safeguards to prevent 
torture and ill-treatment . This policy has continued to produce positive results. Training for 
health personnel, judges and prosecutors on effective inves tigation and documentation of 
torture and ill-treatment cases continued with a view to implementation of the Istanbul Protocol
11 in Turkey.  
                                                 
11 Istanbul Protocol: Manual on the effective investig ation and documentation of torture and other cruel, 
inhuman or degrading treatment or punishment, submitted to the United Nations Commissioner for 
Human Rights, 9 August 1999. 
 
EN 18   EN The draft Law on the Establishment of a Mo nitoring Commission on Security Forces was 
submitted to the Parliament in October. The draft foresees the establishment of a Supervisory Commission for the registration and monitoring of disciplina ry procedures and measures 
against law enforcement officers. 
However, disproportionate use of force by la w enforcement bodies c ontinued. Reports to 
NGOs of disproportionate use of firearms by secur ity forces resulting in death have increased.  
Ratification of OPCAT ha s been pending since 2005. ( See the chapter on Observance of 
international human rights law )  
Law enforcement bodies frequently launch cases against persons who allege torture or ill-
treatment. Such legal proceedings may deter complaints. In many instances these cases are 
given priority by Turkish courts.  
No forensic doctors are recognised by courts , apart from the Forens ic Medicine Council, 
which is under the Mini stry of Justice. Law enforcement officers are sometimes present 
during medical examination of prisoners. 
As regards the fight against impunity , the case concerning the d eath in detention of Engin 
Çeber
12 was brought to conclusion in June 2010. Th e court sentenced th ree prison guards and 
the deputy director of the pris on to life in prison for murder. Two police officers received 7.5 
year prison sentences and one police officer r eceived 2.5 year in prison. This is the first 
verdict where a court has convict ed a senior prison official. Ho wever, the efforts to fight 
impunity for human rights violations have not su fficiently addressed the backlog of judicial 
proceedings. The ECtHR found that the criminal  proceedings were still not finalised as 
regards members of the security forces who took  part in an operation at Diyarbakir prison on 
24 September 1996, which had led to the death of  eight prisoners and injured six. The ECtHR 
condemned Turkey, on several acco unts including the lack of an effective investigation into 
this case (article 3 of th e ECHR). In 2009 the Human Right s Committee of the TGNA found 
that very few lawsuits filed against police offi cers for ill-treatment or torture resulted in a 
conviction13. Administrative investigati ons into allegations of tort ure or ill-treat ment are still 
carried out by fellow police officers. 
Overall, the positive trend on prevention of to rture and ill-treatment  continued. Some high-
profile cases of human rights violations have resulted in convictions. However, 
disproportionate use of force by law enforcement authorities continued and is of concern. The 
efforts to fight impunity for human rights vi olations have not suffi ciently addressed the 
backlog of judicial proceedings.  
There has been some improvement in access to justice  in rural areas. However, access to free 
legal aid was limited, especially in the south- east. The Istanbul bar boycotted the legal aid 
                                                 
12 Engin Çeber was arrested for distributing a legal journal on 28 September 2008. Çeber died as a result 
of injuries sustained during torture in a police stati on in Istanbul and Metris prison on 10 October 2008. 
13 The Human Rights Investigation Committee noted that none of the 35 lawsuits filed against 431 
members of the Istanbul police for ill-treatment or torture resulted in a conviction. The committee 
concluded that this gives rise to suspicions about the e ffectiveness of proceedings initiated against law 
enforcement agents. According to the same report, on ly 2% of police officers accused of ill-treatment or 
torture are subject to disc iplinary sanctions as a result of an administrative investigation into allegations 
of torture or ill-treatment. The committee concluded that such investigations should not be carried out 
by fellow police officers. 
 
EN 19   EN scheme from June 2009 to March 2010 and no le gal counsel was appointe d during that period 
at Istanbul courts. There is evidence that a large number of  prison inmates have never 
received any legal aid or knew th at they could benefit from the services of a legal counsel had 
they requested one. There is no monitoring of imp lementation of the rele vant legislation in 
terms of either its coverage or  the quality of services provid ed by legal aid lawyers. Hence, 
there is no assessment of whether the funds av ailable and fees charged are adequate. In 
addition, there is no body, either independent or within the government, responsible for 
monitoring this issue. 
Overall, little progress has been made. Provision of legal aid is inadequate in terms of either 
its coverage or the quality of  services provided. There is no  effective monitoring mechanism 
that would ensure that problems are addressed. 
The prison  reform programme continued. The four tr aining centres organised courses for 
8249 prison staff in 2009 and an additiona l 4929 staff have been appointed.  
Use of languages other than Turkis h in prisons was extended. If the  prisoner or his visitor 
does not know Turkish, use of another language is allowed. The Law on enforcement courts 
strengthens defendant's rights in  case of the application of disciplinary sanctions against 
prisoners.  
The Ministry of Justice is developing a case management model to be brought into operation 
for juveniles first and then ex tended to all prisons. This impr oves rehabilitation services.  
Architectural changes to some high-security pr isons enabled more communal activities to be 
carried out. The Ministry of Justice ha s started to build juvenile prisons.  
However, the high proportion of prisoners in pre- trial detention is still a significant problem. 
Close to half of those imprisoned in Turkey are either awaiting trial or awaiting a final verdict 
on their cases14. The situation is even more worrying as regards juveniles in penitentiaries. 
Only 12% are serving prison sentences, the rest are awaiting trial.  
The number of juvenile reformatories is insuffi cient. Children are not fully separated from 
adults in all prisons. This is especially the case with girls, who are usually imprisoned with women.  
The inadequate resources of pr isons continue to ra ise concerns. The rapid increase in the 
number of inmates, which has doubled in a few years, led to a growing overcrowding 
problem. The number of prison staff and their qu alifications are still inadequate. There are 
7981 vacancies. 
The standards of monitoring of  national prisons have not been improved to UN standards. 
The inadequate health services for prisoners remain a concern. The protocol signed between 
the Ministries of Justice and H ealth in April 2009 tr ansferring responsibility  for health care 
services in prisons to the Ministry of H ealth has had limited impact. The number of 
permanent physicians is insufficient. 
                                                
 
14 Currently there are 119,145 people in prisons in Turkey, 56.557of whom have not yet been sentenced, 
according to Ministry of Justice statistics. 
 
EN 20   EN Overall, the implementation of the prison refo rm programme continues. However, the high 
proportion of prisoners in pre-tr ial detention remains one of the most significant problems. 
Health services in pris ons need to be improved. 
As regards freedom of expression , an increasingly open and free debate continued on a wide 
scale in the media and public on topics perceive d as sensitive, such as the Kurdish issue, 
minority rights, the Armenian issue and the role of the military.  
There are few cases initiated on the basis of Ar ticle 301 of the Turkish Criminal Code (TCC), 
after it was amended in May 200815. 
However, a high number of violations of freedom of expression by Turkey are still being 
submitted to the ECtHR.  
Defamation is a criminal offence under Turkis h law. Article 125 of the TCC provides that 
defamation is punishable by eith er a prison sentence or a fi ne. There are many ongoing cases 
and convictions under this provis ion. Insults against the Turkish nation are still criminalised 
under Article 301 of the TCC. Other provisions of the TCC16, the Anti-Terror Law and the 
Press Law are also used to re strict freedom of expression.  
The high number of cases initiated against j ournalists who have reported on the Ergenekon 
case is a cause for concern17. They face prosecutions and trials  for violating the principle of 
confidentiality of an ongoing judicial proce ss. This could result in self-censorship. 
Pressure on newspapers discussing the Kurdish question or publishing in Kurdish increased. 
In the course of the year, publication of  the Azadiya Welat newspaper in Diyarbak ır was 
banned several times and its journalists were sentenced in prison unde r terrorism propaganda 
charges. In its ruling on the Ürper and others v. Turkey  case, the ECtHR ruled that Turkey 
should revise Article 6(5) of the Anti-Terror Law. 
The review carried out by the Ministry of Justice on the legal framework on freedom of 
expression was not finalised.  
Regarding hate speech, the Council of Europe18 recommended Turkey to encourage the media 
to develop a code of ethics on respect for relig ious minorities and to prosecute incitement to 
hatred passed on by the media.  
                                                 
15 According to the Ministry of Justice, since the amendment to Article 301 of the Turkish Penal Code, a 
decrease in the number of cases opened has been  observed. The figures below cover examinations 
concluded between 1 January 2010 and 31 July 2010: 369 files examined, 270 files for which 
permission was denied, 10 files for which permission was granted, 3.57% files for which permission 
was granted 
16 Examples include offences against public order (Articles 214, 216, 217, 218 and 220 of the TCC), State 
security (Article 305) or the cons titutional order (Articles 312 and 314)  and obscenity (Article 226). In 
addition, prosecutions and convictions are continuing on the basis of Article 318 of the TCC (on 
discouraging people from military service). 
17 4,091 investigations have been initiated against journalists for breaches of the confidentiality of 
investigations or attempts to influence a fair trial (Articles 285 and 288 of the Turkish Criminal Code), 
following their reporting on the Ergenekon case.  
18 CoE Resolution 1704 (2010). 
 
EN 21   EN In October, the Court of Cassation ruled that  Nobel Prize winner Orha n Pamuk can be sued 
for remarks made in 2005, when he was quoted in a Swiss magazine commenting on the Kurdish and Armenian issues.  
The interpretation of certain articles of the broadcasting law and the sanctions imposed on 
broadcasters raised concerns ( See Chapter 10 – Information society and media ). 
There are frequent website bans, which are di sproportionate in scope and duration. Youtube 
was officially inaccessible in Turkey from May 2008 to November 2010, after publication of 
videos which allegedly violated the Law on crimes against Atatürk. Other court cases are still 
ongoing against the video sharing website and other mainstream web portals have been 
banned for several years. Law n°5651 on the In ternet limits freedom of expression and 
restricts citizens' right to access information. 
As regards freedom of the press, concerns remain as regards polit ical attacks against the press. 
The court case on the tax fine ordered in 2009 against Dogan Media Group, critical of the government, continues. The press exercises se lf restraint when reporting following the 
initiation of this case.  
Court cases have been opened against journalists about th eir work by politicians and high-
level authorities, includi ng military authorities.  
Overall, open and free debate has continued and expanded. However, the high number of 
legal sues against journalists and undue pressu re on the media undermine freedom of the press 
in practice. Turkish law does not sufficiently guara ntee freedom of expression in line with the 
ECHR and the ECtHR case law. The frequent  website bans are a cause for concern.  
As regards freedom of assembly , some positive developments took place. Newroz  (the 
Kurdish New Year) and 1 May demonstrations took place peacefully in most places during 
the reporting period. A number of symbolic pu blic events took place on 24 April to mark 
‘Armenian Genocide Commemoration Day’. The gatherings received police protection where necessary. 
However, some demonstrations in the south-east  of the country related to the Kurdish issue 
continued to be marred by violence.  
Difficulties with the implementation of the Law on the duties and legal powers of the police, 
adopted in 2007, are still being report ed, especially in the south-east.  
Impunity remains a problem for effective judicial and administrative investigations against 
members of the security forces who are involved in  excessive use of force (See the chapter on 
Impunity ).  
As regards freedom of association , there are a large number of ci vil society organisations and 
other associations in Turkey.  
The case for closure of the political party DTP confirmed the need for changes to the legal 
framework, including the Constitution. A governme nt proposal to amend the Constitution to 
this end was rejected by parliament in May.  
The Court of Cassation decided at the end of 2009 against the closure of the lesbian, gay, 
bisexual, transgender and transvestite (LGBTT)  association Lambda Istanbul. In a similar 
 
EN 22   EN case against the LGBTT Black Pink Triangle A ssociation (BPTA), the Izmir Governorate 
launched a new closure case alleging violation of the rules on morality. The court concurred 
with the public prosecutor who had aske d for the dismissal of the case.  
The judicial investigation into the Istanbul branch of the Huma n Rights Associat ion, initiated 
by a complaint by the Istanbul Governorate, is still pending from last year. The closure case against the Özgür-Der Associat ion for Freedom of Thought and the Right to Education was 
rejected by the court.  
The ECtHR judgment on the Özbek and others v. Turkey case about the establishment of the 
Kurtuluş Protestant Church Founda tion in Ankara found Turkey in violation of Article 11. 
The court ruled that the ability to establish a lega l entity in order to act collectively in a field 
of mutual interest was one of the most im portant aspects of freedom of association. 
The case against the executive members of Diyarbak ır Göç-Der, which has been active in the 
area of internal displacement and immigration,  ended in closure of the association and is 
under appeal.  
Raising awareness in public in stitutions and in the public at large about the role played by 
civil society organisations , including in the accession process, continued. The government 
(EU Secretariat-General) organise d consultative meetings with ci vil society representatives on 
the EU accession process.  
However, civil society organisations continue to face disproportionate administrative checks 
and fines. Moreover, the bureaucr atic requirements for fund-ra ising, obtaining public benefit 
status and lack of simplified rules for small or medium-sized associations prevent a more 
enabling environment for associations. More restrictive legislation applies to foreign 
associations.  
Overall, the legal framework on freedom of associ ation is broadly in line  with EU standards. 
However, association face difficulties to meet legal requirements and some are subject to disproportionate controls. Ther e is no progress on amendment of  the legal provisions on the 
closure of political parties. Launching of clos ure cases against LGBTT associations restrains 
the full exercise of freedom of  association. As regards freedom  of assembly, there has been 
progress on the ground. However, some demonstrati ons in the Southeast of the country related 
to the Kurdish issue continued to be marked by police violence. 
Concerning freedom of religion , freedom of worship continues to be generally respected. 
Ecumenical Patriarch Bartholomew  celebrated on 15 August, afte r almost nine decades, the 
Divine Liturgy of the Dormition of Theotokos at the Soumela monastery in the Black Sea 
province of Trabzon. On 19 September the first religious service sinc e 1915 was held at the 
Armenian Holy Cross church on the Akhdamar island in lake Van. 
The Turkish authorities granted Turkish citi zenship to fourteen members of the Greek 
Orthodox clergy. This facilitate s the work of the patriarc hate and of the Holy Synod. 
The Turkish authorities, including the State Mi nister for EU Affairs,  the EU Secretariat-
General and relevant line minist ries, have had frequent meetings  with the religious leaders of 
non-Muslim communities.  
In May 2010, the Prime Minister issued the first ci rcular instructing all re levant authorities to 
pay due attention to the problem s of non-Muslim Turkish citizens.  The issues covered in the 
 
EN 23   EN circular include protecting a nd maintaining non-Muslim cemete ries, control of which has 
been transferred to municipalities; implemen ting court decisions in favour of non-Muslim 
community foundations at title -deed registry offices; a nd launching immediate legal 
proceedings against publications inciting hatred and animosity against non-Muslim communities. 
Opening to the Alevi  community  continued. Seven workshops were  held, as initially planned, 
with different social and professional groups and with Alevi representatives. 
Implementation of the Law on foundations of Fe bruary 2008 proceeded albeit with some 
delays and procedural problems. (See the chapter on the Right to property )  
However, under Article 24 of the Turkish Cons titution and Article 12 of the Basic Law on 
national education, religious cult ure and ethics classes remain compulsory in primary and 
secondary education. The October 2007 ECtHR j udgment – which found that these classes 
did not only give a general overvi ew of religions but also provided specific instruction in the 
guiding principles of the Muslim faith and request ed Turkey to bring its education system and 
domestic legislation into line with Article 2 of  Protocol 1 to the ECHR  – has still not been 
implemented. 
Protestant students were obliged to take such religious classes. Jehovah ’s Witness 
communities brought two new administrative court cases against national education 
directorates of provincial governorates after ap plications for exempti on were rejected. Cases 
on the same issue, brought by Jehovah’s Witness families, are pending before the Council of State. 
Non-Muslim communities – as organised structur es of religious groups – still face problems 
due to lack of legal personali ty. In March, the Venice Commissi on of the Council of Europe 
concluded that the fundamental right to freedom of religion, as protected by Article 9 read in 
conjunction with Article 11 of the ECHR, incl udes the possibility for religious communities 
to obtain legal personality
19. 
Restrictions on the training of clergy remain. Turkish legislat ion does not provide for private 
higher religious education for individual commun ities and there are no such opportunities in 
the public education system. The Halki (Heybe liada) Greek Orthodox seminary still remains 
closed, although there have been positive stat ements by senior government officials on the 
possibility of re-opening it. The Armenian Patriarchate’s proposal  to open a university 
department for the Armenian language and cl ergy has been pending fo r three years now. The 
Syriacs can provide only informal training, outside any officially established schools. 
The Ecumenical Patriarch is not free to use the ecclesiastical title  ‘Ecumenical’ on all 
occasions. In March, the Venice Commission concl uded that any interference with this right 
would constitute a violation of the autonomy of  the Orthodox Church under Article 9 of the 
ECHR. 
                                                 
19 The Venice Commission considered that this is im portant not least to ensure access to courts and 
protection of property rights. It could see no justification, which would be in conformity with the strict 
requirements of Articles 9(2) and 11(2) of the EC HR, for not granting such rights to the non-Muslim 
religious communities. 
 
EN 24   EN In June 2007, the Court of Cassa tion ruled that persons who pa rticipate and are elected in 
religious elections held in the patriarchate should be Turkish citizens and be employed in 
Turkey at the time of the elections. However, Tu rkish and foreign nation als should be treated 
equally as regards their ability to exercise thei r right to freedom of re ligion by participating in 
the life of organised religious communities in accordance with the ECHR and the case law of 
the ECtHR. 
Personal documents, such as identity cards, in clude information on relig ion, leaving potential 
for discriminatory practices. In January, in the Sinan Isik v. Turkey case the ECtHR decided 
that indication of religion on identity cards was in breach of the Convention.  
Regarding places of worship, non-Muslim religious communities report frequent 
discrimination and administrative uncertainty. Applications to authorities for allocation of 
places of worship continued to be refused. Two cases regarding Alevi places of worship (Cem 
houses) have been concluded before the courts, and applications have been refused. In May 
2010, a Cem house applied to the ECtHR after exhausting all other domestic remedies. 
Despite the de facto  recognition by some muni cipal councils of Cem houses as places of 
worship, the overall policy of not recognising them has not changed.  
Protestant and other C hurches (e.g. the Kurtulu ş and Bat ıkent Churches in Ankara) have not 
been able to obtain permission for places of worship within the boundaries of their provinces. 
Jehovah’s witnesses had similar problems, as the courts found that their place of worship in 
Mersin violated the zoning law. This case has been taken to the ECtHR. The same religious community has a similar case before the cour ts related to a worship place in Izmir.  
Jehovah’s witnesses face tax claims by the m unicipalities of Istanbul and Ankara. The 
municipal authorities sent dema nds for payment of property tax for their places of worship, 
despite their exemption in principle following a Court of Cassation deci sion recognising their 
religion under Christianity. Several cour t cases are pending on taxation issues.  
Missionaries are widely perceived as a threat to the integrity of  the country and to the Muslim 
religion. A court case against two missi onaries in Silivri is continuing. 
The court case concerning the killing of three protestants in Malatya in April 2007 continues. 
A police report, prepared at the request of the Chief Public Prosecutor’s Office in Istanbul, drew attention to the link betw een the killing of protestant s in Malatya and the Ergenekon 
case. 
Judicial proceedings against conscientious obj ectors on religious grounds continued. Public 
statements on the right to conscientious object ion have led to convictions. Implementation of 
ECtHR judgments regarding conscientious objectors  is still pending. Tu rkey has adopted no 
legal measures to prevent repetitive prosecuti on and conviction of c onscientious objectors. 
Several members of the Jehovah’s Witness's co mmunity face court cases as conscientious 
objectors. A military court rejected the right to conscientious objection. 
Overall, freedom of worship continues to be generally respected. The implementation of the 
Law on foundations continued, albeit with some delays and procedural problems (see the 
chapter on Property rights ). The dialogue with the Alevis an d with the non-Muslim religious 
communities continued but has not yet produced results. Announcements on the Halki (Heybeliada) seminar were not followed up. Memb ers of minority religions continue to be 
subject to threats by extremists. A legal framew ork in line with the ECHR has yet to be 
 
EN 25   EN established, so that all non-Muslim religio us communities and the Alevi community can 
function without undue constraints,  including the training of clergy. 
Economic and social rights 
As regards women’s rights  and gender equality some progress can be noted. An amendment to 
the Constitution provides that positive discrimi nation measures in favour of women can be 
adopted. A Prime Ministerial circular was i ssued with the aim of promoting women’s 
employment and equal opportunities, particularly  on the labour market. The circular provides 
for establishment of a national board for m onitoring and coordinati ng matters related to 
women’s employment, for involvement of social partners and NGOs in the work of the board 
and for pursuit of gender equality and gende r mainstreaming in drafting and implementing 
legislation and policies. 
The Parliamentary Committee on Equal Opport unities for Women a nd Men continued its 
work. It conducted a number of investigations, prepared reports and consulted relevant bodies, 
including NGOs on issues such as violence against women, early marriages or sexual 
harassment of minors at school.  
A tripartite protocol was concluded between th e Social Services and Child Protection Agency, 
the Directorate-General for Women’s Status an d the Turkish national police with the aim of 
improving the services for women and children vi ctims of domestic violence. The police have 
started to use standard reception forms for victims for risk assessment and subsequent 
referrals. Training for police officers contin ued. Awareness-raising activities for public 
servants continued, partic ularly at local level. 
The gender gap in primary education continued to  narrow and has virtua lly closed at national 
level20. This needs to be sustained by continui ng to encourage enrolment of girls and 
preventing school drop-outs par ticularly in rural areas. 
However, gender equality and combating viol ence against women remain major challenges 
for Turkey. 
Women's representation in polit ics, senior positions in pub lic administration and in trade 
unions21 is very low. 
As regards women's participation in the labour  market, the absence of sufficient child-care 
facilities, difficulties in access to secondary and further education and the existence of 
stereotypes all contribute to this. Unpaid work  in subsistence agriculture and employment in 
the informal sector continue to  be challenges. There are no social inclusion mechanisms for 
women to counter-balance the impact of poverty, migration and other socio-economic 
problems. 
The situation of ch ildren, especially of girl s, at primary boarding sc hools needs attention in 
order to avoid drop-outs and in crease the quality of education. The safety of minors in these 
institutions, in particular girls, is a cause for concern and was debated in the press. There is a 
                                                 
20 The primary school enrolment rates (grades 1 – 8) rose to 98.47% for boys and 97.84% for girls. 
21 In reply to a parliamentary question in late 2009 , State Minister Selma Aliye Kavaf said that 2,282 
managers are employed by State institutions. Of th ese, 1,995 are male and 287 female. Women thus 
account for only 12.5% of seni or State administrators. 
 
EN 26   EN need for a transparent and objective review of  the system. The gender gap in secondary and 
other levels of education persists. 
School textbooks still contain stereot ypes about women’s ro le and status.  
There is evidence of an incr ease in honour killings. The nu mber of shelters for women22 and 
other preventive and protective services remain s limited. There is no effective government 
oversight of shelters and of the work of muni cipalities. Inter-institutional cooperation needs to 
be stepped up. Training of law enforcement bodies  and public institutions, particularly in the 
field of violence against women, needs to be sustained. 
As regards domestic violence, execution of the ECtHR judgment in the Opuz v. Turkey case is 
pending. Family courts have been applying severe sanctions in cases of domestic violence and honour killings. However, this practice needs to be applied consistentl y. In one honour killing 
case, the Court of Cassation reduced the penalty due to ‘unjust provocation’.  
Early and forced marriages remain a cause for concern. Such marriages could also lead to 
reproductive health risks and domestic abuse. Th ere are no reliable figures  on the incidence of 
such marriages.  
Women’s organisations report de terioration in thei r dialogue and their cooperation with 
relevant public institutions, at both central and local levels.  
Implementation of the national action plan on  gender equality and vi olence against women 
lacks sufficient human and financial resources . The action plan does not contain firm and 
measurable targets. A number of members of  the judiciary were trained on gender issues 
under the protocol signed between the Direct orate-General for Women's Status and the 
Ministry of Justice. However, additional national resources are required to sustain this training. A comprehensive approach to women’ s rights has yet to be adopted, with the 
participation of women’s organisations. 
Overall, the legal framework guaranteeing wome n’s rights and gender equality is broadly in 
place. This framework has been strengthe ned through the constitutional amendment 
permitting the adoption of positive discrimination measures for women. However, ensuring 
women's rights and gender equality in pract ice remain key challenges for Turkey. Notably 
sustained further efforts are needed to turn this legal framework into political, social and economic reality. Honour killings, early and for ced marriages and domestic violence against 
women remain serious problems. Legislation needs to be implemented consistently across the 
country. Further training and awareness-rais ing on women’s rights a nd gender equality are 
needed. 
With respect to children’s rights , an amendment to the Constituti on stipulates that measures 
to guarantee children’s rights in practice cannot be  interpreted as contrary  to the principle of 
equality. This would allow adoption of positive discrimination measures for children. 
The pre-school education enrolment rate for ch ildren between 4 and 5 years of age increased 
to 39% in 2009-2010 from 33% in 2008-2009. The pr imary school enrolment rates (grades 1-
                                                
 
22 As of October 2010, the number of these shelters is 62, 11 of which were opened in 2010. The 2005 
Law on Municipalities provides, however, for establishment of shelters for women in municipalities 
with a population of 50 00 or more. 
 
EN 27   EN 8) rose for both boys and girls,  virtually closing th e gender gap at national level in primary 
education. The Ministry of Na tional Education has developed an early-warning system for 
children at risk of dropping out. In secondary ed ucation (grades 9-12), the net enrolment rate 
rose to 65% in 2009-201 0 from 59% in 2008-2009. 
The State covers health expenses of children of low-income families and of those who are not 
covered as dependants by the social security sy stem. The family doctor system is gradually 
being extended and covers a larger number of  provinces. This coul d result in better 
monitoring of children's health if suffi cient implementation capacity is built up. 
A Department for Disadvantaged  Groups was established in th e Ministry of Labour and 
Social Security. One of its duties is to coordi nate the efforts by institutions to tackle child 
labour. 
Parliament’s Child Rights Monitoring Committ ee became more active. Among other things, it 
set up an interactive website that allows childre n to share their views with the members of the 
Committee. Each message is being assessed and replied. However, it is still an informal 
committee and is not responsible for monitoring  all proposed legislat ion for compatibility 
with children’s rights. 
A parliamentary investigation committee on mi ssing children and other cases where children 
are victimised was established. Its report is expected to be debated in parliament in 2010.  
A Prime Ministerial circular was issued with the aim of improving the conditions for seasonal 
migrant agricultural workers and their fam ilies, including better access for children to 
education and health services. 
Turkey submitted to the UN its second and third combined state reports on implementation of 
the Convention on the rights of the child. 
As regards juvenile justice , a July 2010 Law amending the Anti-Terror Law and other laws 
provides that children accused of committing terro r-related crimes will be tried by juvenile 
courts23. This applies even when such offences are committed together with adults. In 
addition, children sentenced for propaganda for a terrorist organisation or for resistance to 
security officers during particip ation in meetings or demonstr ations will no longer also be 
sentenced for membership of a terrorist orga nisation. In general, the law provides for non-
application to juveniles of a nu mber of aggravating circumstances included in the Anti-Terror 
Law. In practice, this is expected signifi cantly to reduce the prison sentences imposed on 
children participating in meetings  or demonstrations. Finally, the law allows juvenile courts to 
decide to postpone announcement of a judgment,  to convert a prison sentence to alternative 
sanctions or to suspend senten ces for terror-related crimes. 
The probation system, although new, has b een established in every province and 
psychologists and social workers have been  appointed. On 17 September 2010, there were 
6,233 children on probation.  
                                                 
23 Under the 2005 Law on child protection, all Turkish c itizens up to eighteen years of age are considered 
children and are eligible for children’s rights. Ho wever, amendments to the 2006 Anti-Terror Law 
provided that children between fifteen and eighteen y ears of age can be tried as adults. As a result, 
minors participating in demonstrations, particularly in the south-east, faced charges of ‘membership of a 
terrorist organisation’ and, hence, disproportionate prison sentences. 
 
EN 28   EN However, close to 200,000 childre n – especially girls in some  eastern and south-eastern 
provinces – are still out of school. In the case of second ary education, there are large 
geographic variations. There is also a significan t gender gap, with net enrolment rates of 68% 
among boys and 62% among girls. Implementation of the strategy for tackling violence in 
educational institutions is limited and needs to be monitored. Some cases of violence and/or 
abuse reported at children’s homes and boardin g schools attracted extensive media coverage 
and public criticism. In  order to tackle violence agains t children effectively, stronger 
commitment from, and coordination betwee n, relevant institutions is needed. 
There has been limited progress on preventing child labour. There is still no effective 
monitoring system in place.  
The poverty rate amongst children under 15 years has dropped to 24.4%. Ne vertheless, this is 
still 7.3 percentage point s higher than the general poverty rate . In rural areas, th is rate is as 
high as 44.9%. Special measures are needed to  tackle poverty amongst ch ildren in rural areas. 
As regards efforts to de-institutionalise the serv ices provided by the Social Services and Child 
Protection Agency (SHÇEK), ther e is a need for increased co unselling, guidance and financial 
support for natural and foster parents. The administrative ca pacity of the SHÇEK remains 
limited. 
The 2008 demographic and health survey24 shows that 6% of childre n under the age of five 
were not registered. This rate ri ses to 11% in eastern regions. 
There has been no progress towards removing th e reservations to the main international 
instruments on children’s rights25. 
Children are often still held in prisons and dete ntion centres not reserved  for children (or for 
children and young people). In many institutions where children are detained, there is high 
turn over of unqualified personnel. 
The Child Protection Law calls for juvenile courts  to be established in all 81 provinces of the 
country. By September 2010, there were ninety five  such courts establis hed with only seventy 
two of them functioning c overing only 30 provinces. 
Overall, there has been progress with the legal framework on children’s ri ghts, juvenile justice 
and the gender gap in primary education. Nevert heless, efforts on implementation need to be 
further strengthened in all areas, including edu cation, child labour, healt h, juvenile justice, 
administrative capacity and coordination. 
As regards socially vulnerable persons and/or persons with disabilities , an amendment to the 
Constitution cleared the way for pos itive discrimination in favour of  persons with disabilities 
by stating that special measures for them cannot be regarded as against the equality principle. 
2010 has been declared ‘Accessibility for All Year’. However, the strategy paper on 
                                                 
24 2008 Demographic and Health Survey - Final Results: http://www.hips.hacettepe.edu.tr/eng/index.html .  
25 Turkey ratified the UN Convention on the rights of the child in 1995. However, it has reserved the right 
to interpret and apply Articles 17, 29 and 30 of the Convention - all of which refer to language rights 
and/or cultural identity – in accordance with the lette r and spirit of the Constitution of the Republic of 
Turkey and of the 1923 Treaty of Lausanne. 
 
EN 29   EN accessibility and the related natio nal action plan have not been adopted yet. A national 
mechanism for monitoring implementation of the UN Convention on the rights of disabled persons and its optional protocol still has not been established. 
Employment of persons with disabilities in pub lic institutions has been exempted from the 
recruitment limitations in the general budget, paving the way fo r improving their employment 
prospects. Further measures are needed to increase the employability of persons with 
disabilities in both the public a nd private sectors, including prom otion of alternative methods 
of employment. 
Lack of data and research on persons with di sabilities and mentally  ill persons remains a 
barrier to informed policymaking.  
Access to education, health, social and public se rvices for persons with disabilities are still 
critical issues, despite legislation in this fiel d. Physical barriers to access to public buildings 
are a particular problem
26. Awareness-raising efforts to figh t prejudices about people with 
disabilities need to be intensif ied, with a view to increasing th eir participation in social and 
economic life.  
Conditions of care for the mentally ill continue to give cause for concern. As regards labour and trade unions rights , the amendments to the Constitution grant civil 
servants and other public employees the right to collective bargaining and make disciplinary 
decisions against civil servants subject to judi cial review. The bans on politically motivated 
strikes and lockouts, solidarity strikes and lockouts, general st rikes and lockouts, occupation 
of work premises, labour go-slows, productivity  go-slows and other forms of resistance were 
lifted. Membership of more than one trade uni on at the same time in the same branch of 
activity was made possible. The Economic and Social Council has gained a constitutional 
basis. A Prime Ministerial circul ar called for facilitation of ex ercise of trade union rights in 
the public sector. Marche s to celebrate 1 May we nt peacefully. Taksim Square was opened for 
celebrations for the first time since 1977, when 34 persons were killed and many injured 
during the labour day demonstrations. 
However, trade union rights are not  in line with EU standard s and ILO conventions. The ILO 
bipartite high-level mission called for the g overnment and social partners, including 
employers' and workers' associations, to seek a consensus and, at the same time, emphasised 
that it is for the government to ensure co mpliance with international obligations.  
The demonstration by workers from TEKEL (the state monopoly for tobacco processing) 
raised concerns over the labour rights of workers who are to be temporarily employed by the 
State after privatisation. 
Overall, the constitutional amendments broade n trade union rights in the public service. 
However, there are restrictive provisions in the current legal framework which are not in line 
with EU standards and ILO C onventions. Lack of consensus among social partners and the 
                                                
 
26 The 2005 Turkish Disability Act states that all existing public buildings and roads, pavements, 
pedestrian crossings, open and green areas, sports areas and similar social and cultural infrastructure 
serving the public must be made suitably accessible for disabled people by 2012. However, apart from 
pilot accessibility projects in four m unicipalities, no progress has been achieved in this field yet. 
 
EN 30   EN government is an obstacle to the adoption of  new legislation. The constitutional amendment 
package did not introduce the right to strike for civil servants.  
The principle of anti-discrimination  is enshrined in the Constitu tion and upheld in several 
laws. The government consulted civil societ y organisations, universities and relevant 
authorities on the draft Law for the establishment of an anti-discrimination and equality board.  
However, the current legal framework is  not adequately aligned with the EU acquis. (See 
Chapter 19 – Social policy and employment ) There have been severa l cases of discrimination 
at the workplace, where LGBTT employees ha ve been fired because of their sexual 
orientation. Provisions of the Turkish Criminal  Code on ‘public exhibitionism’ and ‘offences 
against public morality’ are sometimes used to discriminate against LGBTT people. The Law 
on misdemeanours is often used to impos e fines against transgender persons.  
The statements by the State Minister re sponsible for Women and the Family on 
homosexuality being a disorder sparked react ions from the LGBTT community and human 
rights circles. Negative stereo typing by political figures can  provoke further discrimination 
against LGBTT people. 
Court cases for the closure of LGBTT associations ended positively during the reporting 
period. ( See Freedom of association ) 
Homophobia has resulted in physical and sexual vi olence. The killing of  several transsexuals 
and transvestites, along with recent violence by police in Ankara against transgender persons, 
are worrying developments. Courts have applie d the principle of ‘unjust provocation’ in 
favour of perpetrators of crimes agai nst transsexuals and transvestites.  
The Turkish armed forces have still a health  regulation which define s homosexuality as a 
‘psychosexual’ illness and declares homosexua ls unfit for military service. Conscripts who 
declare their homosexuality have to provide photographic proof. Some have had to undergo 
humiliating medical examinations.  
Overall, efforts continued to improve the situ ation of socially vulnerable persons and/or 
persons with disabilities, to strengthen la bour union rights and to fight discrimination. 
However, in practice many challenges rema in to be addressed in these areas.  
With respect to property rights , implementation of the Febr uary 2008 Law on foundations 
continued throughout the reporting period, albeit with some dela ys and procedural problems. 
The initial deadline of 27 August 2009 for submission of applications by non-Muslim 
foundations for the restitution of properties regist ered under figurative or fictitious names, or 
in the name of the Treasury or of the Dire ctorate-General for Foundations, was extended to 
give the foundations time to obt ain all the docum ents required. 
Representatives of the Turkish authorities me t members of non-Muslim  foundations a number 
of times about implementation of Provisional Article 7. A total of 1,410 applications for 
restitution were submitted by 107 foundations. To  date, 131 positive decisions have been 
given, while another 150 requests were met without taking the cases to the Foundations 
Council.  
 
EN 31   EN For 943 applications the Foundations Council ex tended the period by two months to 16 July 
in order for the files to be completed. On a nother 347 applications negative decisions were 
issued. 
As regards the Ecumenical Patriarchate v. Turkey27 case and the issue of just satisfaction, the 
ECtHR judgment of 15 June 2010 found that Tu rkey had to re-register the property in 
question in the land register in the applicant’s name. The Büyükada civil court of first 
instance ruled in favour of the Ecumenical Patriarchate, re flecting the ECtHR's judgement and 
the position of the Foundations Assembly. 
However, the legal framework does not address cas es of properties sei zed and sold to third 
parties or properties of foundations merged before the new legislation was adopted in 
February 2008. 
Syriacs continue to face difficulties in property and land registration procedures. A number of 
court cases are in progress concerning both in dividuals and religious institutions. The Mor 
Gabriel Syriac Orthodox monastery court ca ses regarding land ownership continued 
throughout the reporting period.  
Turkey has yet to implement the ECtHR judgment28 of March 2009 on the property rights of a 
Greek Orthodox church on the is land of Bozcaada (Tenedos).  
Problems encountered by Greek nationals when inheriting and register ing property are still 
being reported, in particular with application by the Turkish authorities of the amended Land 
Registry Law, including interpretation of its provision on reciprocity. W ith respect to that 
issue, the ECtHR held that there had been a violation of Article 1 of Protocol 1 (peaceful 
enjoyment of possessions) to the ECHR and or dered either the return  of the property or 
financial compensation for the applicants. 
Overall, the Law on foundations has been imp lemented, albeit with some delays and 
procedural problems. The Foundations Council  acknowledged these problems and tried to 
speed up procedures. However, this law does not address the issues of properties seized and 
sold to third parties or of properties of f oundations merged before the new legislation was 
adopted. Turkey needs to ensure full respect of  the property rights of all non-Muslim religious 
communities. 
Respect for and protection of minorities, cultural rights 
                                                 
27 On 8 July 2008, the ECtHR decided on the claim of the Ecumenical Patriarchate that had been deprived 
of its property acquired in 1902 and dedicated to a specific use in 1903 via the Foundation of the 
Büyükada Greek Orphanage for Boys. The applicant alleged, in particular, that by ordering registration of its real estate in the name of the orphanage, under the management of th e State Directorate-General 
for Foundations, the domestic courts  had breached its right to peaceful  enjoyment of its property. The 
court held that the Turkish authorities were not entitled to deprive the owner of its property without 
providing appropriate compensation and that there had been a violation of the ECHR. 
28 In March 2009, the ECtHR ruled that Turkey had violated the property rights of a Greek Orthodox 
church on the island of Bozcaada (Tenedos). It held unanimously that the refusal by the Turkish courts 
to register the immovable property of the applicant foundation in the land registry in its name was a 
violation of Article 1 of Protocol 1 (peace ful enjoyment of possessions) to the ECHR. 
 
EN 32   EN The debate on minority-related issues has deve loped under the auspices of the government, 
and a few symbolic acts have taken place, such as the Roma gathering in March. Work is 
under way to remove discriminatory language from textbooks.  
However, Turkey’s approach to minority rights remains restrictive. Turkey is a party to the 
UN International Covenant on civil and political  rights, but its reserv ations regarding the 
rights of minorities and the UN Covenant on ec onomic, social and cultu ral rights regarding 
the right to education are causes for concern. Turkey has not signed the Council of Europe 
Framework Convention for the prot ection of national minorities.  
A constructive dialogue between Turkey an d the OSCE High Comm issioner on National 
Minorities, including on participation by minorities  in public life and br oadcasting in minority 
languages, would facilitate  further alignment with internati onal standards and best practice in 
EU Member States. 
The situation of the Greek minor ity has not changed. It continue s to encounter problems with 
education and property rights, including on the islands of Gökçeada (Imvros) and Bozcaada 
(Tenedos). Management of minority schools, including dual headship29, remains an issue, 
pending an implementing regulation. The schools face procedural and bureaucratic difficulties 
with registration, budget problems and sustainabili ty problems due to the number of students 
(restricted by law on condition that they must be  from the same minority) plus administrative 
issues and educational problems.   
Anti-Semitism remains an issue, especially in co nnection with hate speech in the pro-Islamist 
and ultranationalist media.  
The court case on the murder of Armenian j ournalist Hrant Dink is  continuing without 
significant progress. The court case against two protestants in Silivri is continuing under 
Article 301 of the Turkish Criminal Code, as al lowed by the Ministry of Justice. The Malatya 
murder case continued. The court case agains t the coup plan, referred to as ‘cage plan’ 
targeting non- Muslim  minorities started in June. ( See Civilian oversight of security forces )  
Overall, Turkey's approach on minorities remains restrictive. Full respect for and protection of 
language, culture and fundamental rights, in accord ance with European standards, have yet to 
be fully achieved. Turkey needs to make furt her efforts to enhance tolerance or promote 
inclusiveness vis-à-vis minorities. 
As regards cultural rights , the Regulation on the Radio and Television Supreme Council 
(RTUK) was amended in November, removing all restrictions on broadcasting in Kurdish and 
other languages by private and public channels at local level. Fourteen radio stations and TV 
channels have been given permission to broad cast in Kurdish and Arabic. Restrictions have 
been lifted. ( See Chapter 10)  
For the first time, the Diyarbak ır Municipal Theatre staged a play in Kurdish. In June, the 
State Minister for EU Affairs invited all EU embassies to a Kurdish literature event in the 
village of Bahcesehir (Van). 
                                                 
29 The deputy head of these schools is a Muslim representing the Ministry of Education and has more 
powers than the head. 
 
EN 33   EN Mardin Artuklu University established the firs t Kurdish and Assyrian language departments, 
and started to accept students to post-graduate  programmes organised by these departments. 
TRT started broadcasting 24 hours a day in Arabic on the TRT El  Turkiye television channel, 
which can be watched via satellite by more than three million viewers. 
The amended Law on fundamental principles of elections and the electo ral registry entered 
into force on 10 April 2010, de facto  allowing use of Kurdish in election campaigns.  
However, use of any language ot her than Turkish in political life is  still illegal under the Law 
on elections and political parties. The courts have been issuing contradictory decisions in court cases against Kurdish politicians.  
Diyarbak ır High Criminal Court No 4 banned 13 me mbers of Bahar Cultural Centre (BKM) 
from performing arts for one year. The court ruled that the 13 artists ‘may not take part in any 
social and artistic events’. Members of the BKM Music and Theatre Group were punished for 
performing at the Batman Cultural Festival, Ne wroz celebrations and press gatherings. The 
musicians and artists were charged with ‘ violating the law on assembly and demonstrations ’. 
One musician has been in pre- trial detention. 13 artists an d musicians were each given 10-
month prison sentences. 
In practice, children whose mother tongue is not  Turkish cannot learn their mother tongue in 
either private or public schools. 
No measures have been taken to facilitate  access to public servic es for non-speakers of 
Turkish. While interpretation during the invest igation phase and cour t hearing is possible 
under the current legislation for su spects, victims or witnesses, it is not consisten tly applied in 
practice.  
There have been improvements in use of the Ku rdish language in prisons. However, this is 
still restricted because  of security concerns and implementation varies between prison 
administrations. (See chapter on Prisons ).  
As regards Roma,  the government launched an ‘opening’, including a workshop and a 
meeting with the Prime Minister in March. 
The government submitted to parliament a propos al to amend a discriminatory clause in the 
Law on the movement and residence of aliens
30, which authorises ‘the Ministry of the Interior 
to expel stateless and non-Turkish gypsies  and aliens that are not bound to the Turkish 
culture’.  
In June, the Ministry of the Interior asked al l governors about the housing needs of the Roma 
population in each province. It also issued a circ ular requesting all governors to facilitate the 
registration of all ‘perso ns without a civil registry’. The re gistration of Roma is an important 
step to ensure their access to public services.  
However, in the absence of a comprehensive policy to address the situation of Roma, the 
latter still face social exclusion and marginalis ation in access to educ ation, discrimination in 
                                                 
30 Law No 5683 on the movement and residence of aliens (Article 21). 
 
EN 34   EN health services, exclusion from job opportunitie s, difficulties in gaining access to personal 
documentation and exclusion from participa tion in public affairs and public life.  
The Roma population continues to face soci o-economic problems, such as poverty, 
displacement and lack of social services in the aftermath of the demolition in Roma districts under urban renewal programmes in various cities.  In January, in west ern Manisa province, 
several incidents took place between Roma and othe r citizens, resulting in  the displacement of 
Roma citizens. 
Turkey has not been participat ing in the 2005-2015 ‘Decade of Ro ma Inclusion’, despite calls 
on the government to do so by the Roma community.  
Overall, Turkey has made progress on cultural rights, especially by furt her relaxing use of the 
Kurdish language in private TV and radio br oadcasts and in prisons. The 24-hour Arabic-
language TV broadcasts started in 2010 in addition to the Kurdish-language TV channel which started the previous year. However, re strictions remain, particularly on use of 
languages other than Turkish in political life, education and contacts w ith public services. The 
legislation on use of languages other than Turk ish is open to restrictive interpretations and 
implementation is inconsistent. There has been some progress in the situation of the Roma, as their issues have become mo re publicly debated, and imple mentation some measures is 
underway. However, Roma still frequently  face discriminatory treatment.  
Situation in the east and south-east  
Implementation of the government’s plan to comp lete the South-East Anatolia project (GAP) 
by 2012, a key project for socio-economic development  of the region, continued. According to 
official statistics, GAP’s share of total pub lic investment increased to 14.4% in 2009 (from 
12% in 2008). Investments on irri gation, road transport, health and education continued along 
with special programmes on bus iness development, human resources development and 
empowerment of women. The first meeting for evaluation of the revived GAP took place in 
February 2010 and a monitoring report for 2009 was published.  
Following the debate on the government’s democr atic opening to address notably the Kurdish 
issue, some restrictions on the use of the Ku rdish language in broadc asting and the use of 
pasture land in the region have been removed. In  a number of cases orig inal place names have 
been restored in response to public demand
31.  
However, terrorist attacks  by the PKK, which is on the EU list of terrorist organisations, 
continued to claim many lives, not only in th e south-east but also th roughout Turkey. During 
the summer, terrorist attacks increased strongly throughout Turk ey, including in major urban 
centres. Turkey conducted air strikes against te rrorist hideouts in nor thern Iraq in May, 
following parliament’s decision to extend its  2007 motion authorising the government to 
order cross-border operations. At the same time, temporary security zones were established in 
several provinces, restric ting access by civilians.  
The return of PKK members and refugees from  the Mahmur camp has been put on hold. In 
October 2009, a group of 34 people crossed from Ira q as part of the government’s democratic 
opening. In July some of the refugees returned to Iraq. 
                                                 
31 Currently the law allows only village place names to be changed by a decision of the Council of 
Ministers. 
 
EN 35   EN Concrete measures announced within the fram ework of the democratic opening fell short of 
the expectations and were not followed through and implemented.  
A large number of executives and politicians , including elected mayors from the BDP party, 
were arrested as part of operations against th e KCK-PKK. Members of the Human Rights 
Association and Göçder Diyarbak ır have also been arrested.  
Restrictions on the exercise of  fundamental freedoms, in part icular freedom of expression, 
stemming from a wide definition of terrorism under the Anti-Terror Law continue to be a 
cause for concern. 
Landmines remain a security concern for mili tary personnel and civilians, after causing 
several casualties. The government reported continuing use of anti-personnel mines by the 
PKK. Under the ‘Ottawa Convention’ on the prohibition of the use, stockpiling, production 
and transfer of anti-personnel mines and on th eir destruction, Turkey has undertaken to 
destroy all anti-personnel mines in mined areas as  soon as possible, but no later than 1 March 
2014.  
Landmine clearing at the border areas continues to  be a priority. Following the adoption of the 
law on "mine clearing and tender procedures to  be conducted at th e land borders between 
Turkey and Syria", a "project management group"  has been established in under the Ministry 
of Defence, working in particular on the re-dem arcation of the Turkish-Syrian border. Further 
actions are needed to de-mine border areas in the country, in particular the ones adjacent to 
Iraqi and Iranian borders. 
No steps have been taken in addressing the problem of village guards, who are paid and 
armed by the State.  
Overall, despite public statements of commit ment, the democratic opening announced by the 
government in August 2009 to address notably th e Kurdish issue, was only partly followed 
through. Terrorist attacks increased . It is important to sustain efforts to address the Kurdish 
issue. The anti-terror legislation needs to be  amended to avoid a broad interpretation, to 
improve the human rights situation in the regi on and to reduce the disproportionately high 
number of detainees linked to alleged terrorist acts. Landmines and the village guard system 
are still causes for concern.  
Refugees and internally di splaced persons (IDPs)  
Continued progress has been made on the proce ss of compensation of losses due to terrorism 
and the fight against terrorism since 2004. Sinc e the law entered into force in March 2008, 
247,729 applications out of 360,660 have been resolved. Out of these applications 139,832 
received a positive decision and 106,887 were rejected. A total of 2,096,521,347 Turkish Lira had been paid to applicants so far. Numerous  cases have been launched in administrative 
courts by rejected applicants. Severa l of them applied to the ECtHR.  
The Damage Assessment Commissions continue  to face lack of resources and a heavy 
workload, which results in slow progress on assessment and payment of compensation. 
The situation of IDPs in urban areas remains a cause for concern. IDPs cannot return because 
of a wide range of factors, ma inly the poor security situation and the presence of landmines, 
the lack of basic infrastructure and of capita l, the limited job opportunities and the threat 
posed by the village guard system. 
 
EN 36   EN In March 2010, two circulars were adopted wi th the aim of ensuring better access to and 
information on the asylum procedures and co mbating illegal migration. These are positive 
measures and some improvements have been observed.  
UNICEF notes that some efforts have been ma de to safeguard the rights of children of 
asylum-seekers to health care and education32.  
However, the lack of a comprehensive lega l framework on refugees and asylum-seekers 
stands in the way of provision of services for their children. Only about a quarter of asylum-
seeker and refugee children aged 7 to 14 attend sc hool regularly, due to a mixture of financial, 
language and bureaucratic constraints and l ack of demand. Unaccompanied asylum-seeker 
children benefit from the care services of th e Child Protection Agency (SHÇEK). Efforts to 
locate the families of unaccompanied children are carried out by the UNHCR and the Turkish 
Red Crescent. 
Overall, compensation of internally displ aced persons (IDPs) ha s continued. However, 
implementation is not effective. The govern ment has not developed an overall national 
strategy to address the IDP issue and needs to step up efforts to address IDPs’ needs. The 
legal framework for refugees and asylum-seeker s and implementation of circulars regarding 
procedures for applications need to be stre ngthened. Further improvements of the general 
conditions in foreigners’ deten tion centres is important.  
2.3. Regional issues and international obligations 
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. As emphasised by the 
negotiating framework and Council declarations, Turkey is expected to actively support the 
negotiations aimed at a fair, comprehensive an d viable settlement of the Cyprus problem 
within the UN framework, in accordance with th e relevant UN Security Council resolutions 
and in line with the principles on which the EU is founded. Turkey’s commitment in concrete 
terms to a comprehensive settlement is crucial.  
Despite repeated calls by the Council and the Commission, Turkey still has not complied with 
its obligations as outlined in the declarati on of the European Community and its Member 
States of 21 September 2005 and in the Council conclusions, including the December 2006 and December 2009 conclusions. 
It does not meet its obligation of full, non-di scriminatory implementation of the Additional 
Protocol to the Association Agreement and has not removed all obstacles to the free 
movement of goods, including restrictions on direct transport links with Cyprus.  
                                                
 
32 UNICEF: ‘Girls under eighteen are among the foreigners - mostly women from ex-Soviet countries – 
who are trafficked into Turkey as forced prostitutes. Thirty-one out of 706 victims of trafficking 
assisted by the International Organisation for Migration in Turkey between 2004 and mid-2009 were 
under eighteen, according to the IOM. Victims of human trafficking are provided with health and 
rehabilitation services by the Ministry of Health  and, in the case of children, SHÇEK. Human 
trafficking is specifically prohibited by the Turkish Penal Code. It is worth noting that a third of all 
trafficked adult women have children of their own.’ 
 
EN 37   EN In addition, Turkey has not made progress to wards normalising bilateral relations with the 
Republic of Cyprus. It continues to veto C yprus’s membership of several international 
organisations, including the OECD and the Wa ssenaar Arrangement on export controls for 
conventional arms exports and dual-use goods. The Commission will continue to monitor 
closely and specifically report on all issues covered by the 21 September 2005 declaration, in 
accordance with the Council conclusions of December 2006. 
The government of the Republic of Cyprus reporte d violations of its te rritorial waters and 
airspace by Turkey. 
Peaceful settlement of border disputes 
Turkey and Greece have intensified their efforts to improve their bilateral relations. From 13 
to 15 May Prime Minister Erdogan met Greek Prime Minister Papandreou in Athens. A 
number of agreements for cooperation on trade,  education, transport, energy, culture and the 
environment were signed. A bilateral agreement was reached to readmit a number of illegal migrants to Turkey, but is not yet in operation. 
The 47
th round of exploratory talks was held in Athens in summer 20 10. Exploratory talks 
have been continuing since 2002 and have intens ified. The threat of casus belli in response to 
the possible extension of Greek territorial wa ters, made in the resolution adopted by the 
Turkish Grand National Assembly in 1995, stil l remains. In line with the Negotiating 
Framework, the Council conclusions of Decemb er 2009 noted that ‘Turkey needs to commit 
unequivocally to good neighbourly relations and to  the peaceful settlement of disputes in 
accordance with the United Nations Charter, havi ng recourse, if necessary, to the International 
Court of Justice. In this context, the Union ur ges the avoidance of any kind of threat, source 
of friction or action which could damage good neighbourly relations and the peaceful 
settlement of disputes.’ A considerable number of formal complaints were made by Greece 
about continued violations of its airspace by Turkey, including flights over Greek islands. 
Greece also made complaints about viol ations of its territorial waters. 
Regional cooperation 
Turkey remains actively involved in regional in itiatives. It is a member of the Regional 
Cooperation Council (RCC) and also held the one- year rotating Chairmanship-in-Office of the 
South-East European Cooperation Process (SEEC P), which ended with a summit in Istanbul 
in June.  
Bilateral relations with ot her enlargement countries and neighbouring EU Member States  
have been developing positively. Turkey ha s taken a number of initiatives in the Western 
Balkans,  expressing commitment to promoting peace  and stability in the region. Turkey 
supports integration of all countri es in the region bot h with the European Union and at Euro-
Atlantic level. The Turkish Foreign Minister held and facilitated se veral contacts throughout 
2010. Regular tripartite meetings were held be tween the Ministries of  Foreign Affairs of 
Turkey, Serbia and Bosnia and Herzegovina. In para llel, regular tripartite talks have been held 
between Turkey, Croatia and Bosnia and Herzegovi na. On Turkey’s initiative, the Presidents 
of Bosnia and Herzegovina and of Serbia met for the first time since the war. At their meeting 
in Istanbul in April, the three countries adopted  the "Istanbul Declaration" and underlined that 
their common goal is integration into the Europ ean Union. They agreed that regional policy 
should be based on ensuring security, permanen t political dialogue an d preservation of the 
 
EN 38   EN multi-ethnic, multi-cultural and multi-religious nature of the region. The Turkish President 
visited Bosnia and Herzegovina in September. 
In addition, high-level bilateral meetings were  conducted with Albania, the former Yugoslav 
Republic of Macedonia, Kosovo33, Montenegro and Serbia. Th e Turkish Prime Minister 
visited Serbia in Ju ly 2010. The Serbia-Turkey free trade agreement came into force in 
September 2010. 
On 20 November, an agreement was signed to lift visa requirements fo r Albanian citizens 
travelling to Turkey. 
Relations with Bulgaria  remained positive. 
As regards the International Criminal Cour t (ICC), see Chapter 31 – Common foreign and  
security policy. 
3. ECONOMIC CRITERIA  
In examining the economic developments in Turkey, the Commission’s approach was guided 
by the conclusions of the Eur opean Council in Copenhagen in June 1993, which stated that 
membership of the Union requires the existe nce 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 
2010 adequately reflects needs and commitments to further reform. It draws largely on the 
Medium-Term Plan (MTP) published in mid- 2009. The government’s new MTP, due by 
October 2010, should focus on the recovery conditions. The authorities largely adhered to the economic policy principles as re flected in the International M onetary Fund’s (IMF) Article IV 
report. The fragmentation of responsibilitie s between government bodies, however, continues 
to complicate coordination of budgeting and medium-term economic policy-making. Another challenge that Turkey is facing is to lock in  its future economic succ ess and stability in a 
consistent and comprehensive framework aime d at broader-based productivity growth and 
higher labour market participation. Strong in flationary pressures and a rapidly growing 
current account deficit have to be caref ully monitored and addressed properly. Overall, 
consensus on economic policy essentials has b een preserved. However, confidence in the 
government’s economic policy stance would be nefit from better planning, coordination and 
communication . 
Macroeconomic stability 
GDP contracted by about 5% in  2009, a sharp contrast to the 6% average annual growth rate 
in the period 2004-08 and the growth of 0.7% in  2008. Turkey's GDP per inhabitant stands at 
46% of the EU average. The global financial crisis hit the economy hard dramatically reducing fixed investment and external dema nd. Fiscal and monetary stimulus measures, 
combined with a healthy banking sector, helped cushion the blow. After a severe contraction 
                                                
 
33 Under UNSCR 1244/1999. 
 
EN 39   EN in the first half of 2009, economic growth resume d in the second half and then gained pace in 
the first half of 2010 recouping the output lo st in 2009. Domestic demand drove the fastest 
expansion in almost six years. Real GDP incr eased in the first half of 2010 by 11% from a 
year earlier, up from 2% in the second half of 2009, reflecting a very si gnificant recovery over 
the last year. All sectors demonstrated strong positive growth: trade, industry and construction 
expanded by over 15% in the first semester of 2010. Domestic demand and in particular 
investment were particularly strong, as th e year-on-year growth in gross fixed capital 
formation amounted to a sheer 22%. The high growth in domestic demand translated into 
imports growth amounting to 20%. Net export s pulled down the growth performance by 
3.4%. Consumer and corporate loans have maintain ed their rapid pace a nd continue to spur 
domestic demand. High frequency indicators point at a growth slowdown – albeit gradual and 
from very high levels – starting in mid-2010. Overall , the Turkish economy has demonstrated 
high resilience. It is recovering rapidly from th e crisis and growing at robust rates since mid-
2009.  
Pressures on the current account – which had seen a major crisis-led impr ovement – started in 
late 2009, as robust domestic demand and highe r energy prices fuelled imports, which 
increased by 30% in the first half of 2010. In tandem with the rise in imports, exports performed relatively well and rose by abou t 15% in the first six months of 2010. 
Consequently, the trade deficit more than doubled passing from 3% of GDP in the first half of 
2009 to 6.2% of GDP in the same period in 201 0. The current account balance broadly shows 
similar patterns and the deficit is widening rapi dly. In the first six months of 2010, the deficit 
amounted to 6.2% of GDP, compared with 2.7%  in the same period of 2009. Total financing 
needs have almost doubled in 2010. The financ ing has been shifting dramatically towards 
more portfolio and in particular more cross- border credits to domestic banks (covering two 
thirds of the current account de ficit) and less dir ect investment. Reserv es rose by about €4 
billion to roughly €40 billion. The gross external debt stock amounted to 37% of GDP in the 
first half of 2010, down by about five percentage points from the same period in 2009. About 
two thirds is held by the private sector. Overall,  external imbalances and financing needs have 
been growing significantly on the back of high domestic growth. Access to external finance 
remained unproblematic. 
In 2009, the unemployment rate amounted to 14%. In tandem with the recovery, the 
unemployment rate declined  to 11% by mid-2010 from 13% in mid-2009. The non-farm 
unemployment rate, which stood at 17% in mid-2010, showed a broadly similar downward 
trend. The youth unemployment rate dropped faster, most likely due to th e priority given to 
this segment in the employment package, to 20% from over 24% in July last year. 
Employment data show a marked improvement , as the number of employed increased by over 
1,000,000 compared with July last year. The em ployment rate went up from 42% in mid-2009 
to 44% in the same period of 2010. Female  labour participation increased by over 1.5 
percentage points since mid-2009, but  female employment remains particularly low, at just 
half the overall rate. The prevalence of  undeclared work remains a crucial issue  (See Chapter 
19: Social Policy and employment).  Given the high unemployment rate and the annual growth 
rate of 1.2% in the working-ag e population, the labour market needs to absorb not only the 
unemployed but also one million new entrants every year. Overly strict employment protection discourages employe rs from hiring new people. Overall , the unemployment rate 
remains higher than pre-crisis and demographic factors are expected to keep unemployment high in years ahead in the absence of additiona l labour market reforms and the application of 
an appropriate combination of flexibility and security.  
 
EN 40   EN Annual inflation was 6.3% in 2009. A combina tion of several unfavourable developments, 
such as price increases for unprocessed food and o il, base effects and admi nistered price rises, 
has led to a significant increase  in inflation since the last  quarter of 2009. These factors 
pushed headline inflation signifi cantly above the central bank ta rget, leading to an adverse 
impact on inflation expectations. Between November 2009 and April 2010, inflation rose 
from 5.1% to 10.2% before falling to 8.3% in August, reflecting large volatility in food prices. The central bank expects inflation to fall towards the end of 2010, although it is unlikely to reach the central bank e nd-year target of 6.5%. Core infla tion went up from about 3% in mid-
2009 to 4% by August-2010. Turkey’s  real policy rate is now low given the robust economic 
recovery. Cuts in the policy rate were transmitted to market rates, but at speeds and pass-through rates that varied across instruments. Ra tes on corporate lending declined the most, by 
more than 15 percentage points. Recovering domestic demand and easing lending standards in 
the second half of 2009 helped revive credit supply which accelerated further to an annualized 
rate of around 30% in the first half of 2010.The  Turkish central bank is looking ahead to a 
period of strong growth and has announced plans to roll back the extraordinary measures put 
in place during the economic cris is in 2009 and to inject less li quidity into the market and 
currency reserves requirements have been increa sed. The operational stru cture of the central 
bank's liquidity management has been changed in order to ensure a better allocation of 
liquidity within the banking system and to reduce the dependence of banks on the central 
bank's lending facilities. Taking in to account its reading of the – not yet closed – output gap 
(according to estimates by the central bank), the Monetary Policy Committee has indicated 
that the monetary tightening/exit st rategy should be prudent and slow. Overall , price stability 
worsened, chiefly because of pressures stem ming from energy and food inputs and buoyant 
economic activity, triggering a tighter monetary stance. 
Turkey’s fiscal consolidation over the past deca de was very significant as, in the wake of the 
2001 financial crisis, the government managed to cu t the public debt to GDP ratio from a high 
of over 70% in 2001 to less than 40% by mid- 2008.  Structural loosening as well as cyclical 
factors weakened the fiscal balance from mid-2008 to mid-2009. The deterioration in public 
finances accelerated as fiscal m easures to stimulate economic growth , equivalent to about 5% 
of GDP over the period 2009-2011, were  taken to minimise some of the adverse effects of the 
crisis. They appear to  have successfully pr opped up private consumpti on and are being phased 
out gradually. But they also caused the budget de ficit to soar from 2.2% of GDP in 2008 to 
about 5.7% in 2009. So far, the budget performa nce has improved in 2010. Budget realisation 
in the first six months of 2010 was much better than anticipa ted, as strong consumption is 
leading to higher tax revenue performance ( up 20% year-on-year). Tax increases also 
contributed (VAT and special consumption taxes on, amongst others, cars and white goods 
had previously been lowered to prop up consump tion). Subsequently, in the first half of the 
year, the budget deficit declined significantly to only about half  last year’s. The exit strategy 
was less visible on the spending si de, as real expenditure remain ed at the same level as in 
2009. There are signs that pressures in some expenditure categories are building up (mainly 
personnel expenditure and capital spending). Th e public debt stock rose by around 6% year-
on-year to less than 45% of GDP in mid-2010. According to the government, public debt 
should drop to the low 40s by the end of 2010, and subsequently continue to fall slowly. With 
an election scheduled in 2011, however, the fiscal picture could change. Overall , although the 
anti-crisis measures have cushioned the economic  downturn, they must be exited in a timely 
fashion and targeted in order to lay the foundatio ns for strong, sustaine d and balanced growth. 
The Public Financial Management Law was supposed to be implemented between 2007 and 
2010 and to make Turkey’s public finance ad ministration broadly consistent with EU 
 
EN 41   EN standards on internal controls. However, three years after the adoption of the law, the 
accountability, efficiency and transparency of  the budgeting process would benefit from a 
modernisation of the public audit, while th e adoption of the draft Turkish Competition 
Authority Law would contribute to less opac ity on state aids in public finances. The 
unification of all tax administ ration functions under the Re venue Administration announced 
earlier has not been implemented in full. This unification would strengthen the audit capacity 
and facilitate greater use of  standard risk-based audit techniques, thereby enhancing 
transparency and providing significant support for reducing informality. Overall , measures to 
increase fiscal transparency were modest.  
Over the last few years, Turkey had successfully implemented a strong stabilisation 
programme and the resilience of the Turkish econo my had benefited from in-depth structural 
reforms in many key areas, including banking, re structuring of enterprises and privatisation, 
education and energy. Although the financial crisis  has hit the Turkish real economy hard, the 
earlier regulatory and supervisory reforms ha ve paid off and growth resumed rapidly and 
strongly. Turkey’s fiscal a nd monetary policy mix proved su ccessful during the crisis and 
adjustments are being made in order to be nefit from the recovery. A new draft law 
establishing a fiscal anchor that has pot ential for considerably improving the fiscal 
performance over time, as well as removing the cu rrent pro-cyclical bias of fiscal policy, was 
submitted to parliament in mid-July, but its  discussion was postponed. Making more progress 
with fiscal transparency, strengthening the inflation targeting and preserving financial stability will be important to minimise the risks of a boom-bust scenario. Overall , although the current 
policy mix has proved effective in recent months, macroeconomic stability remains 
vulnerable and could benefit fr om a stronger fiscal anchor. 
Interplay of market forces 
The government has confirmed the independence of  the regulatory and surveillance agencies. 
But despite the regulato ry framework, government authorities still tend to se t the prices in 
some key areas, including in electricity an d gas markets, and to a lesser extent in 
telecommunications and transportation, in particul ar in rail transporta tion. Liberalisation of 
backbone services has advanced significantly and prepared the ground for several successful 
privatisations in the energy sector. Indeed, Turkey  continued its privatisation efforts in a more 
challenging and crisis-prone environment. Tota l privatisations comple ted decreased from €4.4 
billion (1% of GDP) in 2008 to €1.6 billio n (0.4% of GDP) in 2009. A total of 106 
transactions were completed in  2009. Ongoing major privatisati ons include the transfer of 
operating rights for 52 small-sc ale hydropower plants plus the privatisation of four sugar 
companies, electricity distributi on in 13 regions and three ports. Overall , some progress has 
been made on improving the interp lay of market forces. Privatis ation has advanced, albeit at a 
slower pace due to the wors ening external environment. 
Market entry and exit 
In 2009, the economic circumstances had a majo r impact on market entry and exit. The 
number of newly established firms decreased by 10%, while the number of firms which were 
closed down increased by 8.5%. Foreign owners still face restrictions  in various areas, 
including maritime transport, civil aviation, ground-handling, road  transport, radio and TV 
broadcasting, energy, accountancy and education. Licensing proce dures are relatively lengthy. 
For example, 25 different procedures are still needed in order to build a warehouse, from securing licences and permits to completing the necessary notifications and inspections and obtaining utility connections. Market  exit is difficult too, as clos ing a business still takes 3.3 
 
EN 42   EN years on average. Moreover, claimants recover onl y one fifth of their claims from insolvent 
firms. Overall , market exit procedures remain relatively cumbersome. The crisis had a 
negative impact on the number of newly established firms.   
Legal system 
Turkey has established most of the legal fram ework of a market economy, but must ensure 
further implementation. A reasonably well functioning legal system, including in the area of property rights, has been in place for severa l years. Registering a property requires six 
procedures and takes six days in Turkey. Howe ver, enforcing commercial contracts remains a 
lengthy process, which invol ves 35 procedures and take s 420 days on average. The 
specialisation of commercial cour t judges is insufficient, leading to lengthy court proceedings. 
The expert witness system still functions as a parallel judiciary syst em, without improving the 
overall quality. Use of out-of-court disput e-settlement mechanisms remains low. Overall , the 
legal environment, in particular court proced ures, continues to pose practical challenges and 
create obstacles to a be tter business environment. 
Financial sector development 
The banking sector has shown re silience to the global financial crisis, largely due to major 
improvements made to the regulatory and supe rvisory framework in previous years. Risk 
ratios in the financial sector remained robust.  The sector also benefited from the central 
bank’s liquidity measures and some easing of regulations governing lo an classification and 
provisioning requirements. In a crisis cont ext, a temporary easing of conditions for 
restructuring loans and a temporary eliminatio n of general provisioni ng for new loans aimed 
at preserving the banks’ high capital adequ acy ratios while encouraging lending. These 
measures helped the nominal capital adequacy ratio to increase to almost 20% by early 2010, 
substantially higher than the EU legal requirement of 12%. Non-performing loans fell to 
about 5% by mid-2010 from a peak of about 6% at the end of 2009 and stress tests by the 
regulator show that the sector is sound. The banking sector, by far the largest part of the 
financial sector, increased its share to 78% of the total financial sector. The relative size of the insurance sector increased slightly to 3%, a bout the same size as mutual funds. Domestic 
private banks had a 32.5% share of  total assets, whereas the shar e of foreign banks increased 
to 39.5%, taking into account foreigners’ inve stments in the stock exchange, which is 
equivalent to 20% of banking sector asse ts. The Istanbul Stock Exchange increased 
considerably during 2009, with total stock mark et capitalisation almost doubling, from 19% 
of GDP in 2008 to 37% in 2009 and over 40% of GDP by mid-2010. Concentration in the 
banking sector remained broadly st able, as the shares of the t op five and top ten banks were 
60% and 80%, respectively. Howe ver, due to the very strong ongoing credit growth fuelled by 
increased consumer and business confidence and low interest rates, regulatory authorities 
need to remain vigilant. Overall , in difficult crisis conditions, the financial sector has shown 
resilience thanks to earlier reforms. 
3.2. The capacity to cope with competitiv e pressure and market forces within the 
Union 
Existence of a functioning market economy The strength of domestic demand is fuelling a fast recovery from recession, which confirms 
the economy's improved shock resilience. But it is  also fuelling rapid expansion in the current 
account deficit, pointing to the re turn of persistent imbalances in the Turkish economy. As the 
 
EN 43   EN recovery gets under way, a golden opportunity fo r structural reforms is being opened up by 
the sharp drop in real interest rates in recognition of Turkey’s solid fundamentals. At the same 
time, potential growth in Turkey is being he ld back by high inactiv ity and insufficiently 
broad-based productivity growth. Overall, the crisis did not jeopa rdise the functioning of 
market mechanisms.  
Human and physical capital  
The educational reform programme, which is a key part of the National Development Plan 
(2007-2013), is being implemented. It  sets two key priorities for education, modernisation and 
reform: increase the responsiveness of educa tion to demand and enhance the educational 
system. In 2010, the challenges remain signific ant. Although there has been some progress 
and the top students in Turkey are performing well, the vast majority of Turkish students 
perform at the lowest proficienc y levels in basic skills and problem-solving. Participation in 
higher education remains low by international standards. Around 44% of 20- to 24-year olds 
go to university, 8 percentage points more than in 2006, while only 1.5% of school-age children fail to finish primary school, compared with 10% in 2006. Overall , reforms and 
increased spending on education are obviously having some positive impact on educational attainment, but significa nt problems persist. 
During the crisis, investment decreased and gross fixed capital formation (GFCF) fell by 
around 3% in 2009 to about 20% of GDP, but growth  resumed by as much as 22% in the first 
half of 2010. Private capital formation tota lled around 15% of nominal GDP. FDI inflows 
held up relatively well in 2009 helped by the priv atisation of the electri city grids but fell by 
about 20% in the first half of 2010 compared with a year earlier. At the same time, their composition improved, as more than three quarters  went into utilities and manufacturing. For 
many years infrastructure investment has been  hampered by the need to consolidate public 
finances and the failure to cut lower-priorit y spending. Inadequate infrastructure is 
increasingly affecting economic activity. Though in 2009 and 2010 some ─ albeit modest ─ 
progress can be reported on in frastructure, in particular roads and oil pipelines, there is a risk 
that inadequate infrastructure, including for power supply, could hamper the economic 
recovery. Gross electricity consumption growth ha s averaged some 7% in each of the last few 
years, and extra power-genera ting capacity is being construc ted, albeit with some delays. 
Although the official government target wa s to increase research and development 
expenditure to 2% of GDP by 2010, R&D expend iture remains much lower, on just 1.4%. 
Overall,  some limited progress was made on upgr ading the country’s human and physical 
capital. 
Sectoral and enterprise structure 
The independence of the regulatory and surveill ance agencies has been largely preserved. 
Market liberalisation has not a dvanced in agriculture, whereas some progress has been made 
in the pricing mechanisms for the energy sector. Th e sectoral shift from agriculture to services 
and industry was reversed by the slowdown in ec onomic activity. The share of agriculture in 
overall  employment increased from 23.7% to 24.7% between December 2008 and December 
2009. The share of services stabilised at 50 %. On the other hand, both industry and 
construction saw their relative shares of total employment decline by a combined total of 1.5%.  The quality and frequency of data on sma ll and medium-sized enterprises (SMEs) 
remained poor. Various new initiatives have be en launched to improve access to finance for 
SMEs. However, the share of SMEs in total ba nking sector loans decreased from 23% at the 
end of 2008 to 21.4% by December 2009. For instance, a new guarantee fund for SMEs was 
 
EN 44   EN part of the stimulus packages with the aim of alleviating the impact of the crisis on SME 
finances. But the earmarked funds of €500 m illion were underutilised, as only seven SMEs 
had received credit guarantee s upport by 31 March 2010. The larg e informal sector which is 
fuelled by weaknesses in tax and expenditure policies, as well as  in law enforcement, remains 
an important challenge. Turkey therefore adopted  a comprehensive action plan to combat the 
informal economy in 2009. Overall , the crisis slowed down or even  reversed structural shifts 
in economic activity. In spite of new initiatives by the Turkish government, the crisis has complicated access to finance for SMEs. 
State influence on competitiveness 
There has been no tangible progress in the fiel d of state aid. As transparency in the decision-
making process remains low, it is still difficult to judge the rationale and consistency of the 
individual decisions taken. In addition, the scale of state aid and its importance in some key 
sectors are likely to have increased substa ntially following the introduction of the various 
fiscal stimulus packages. A doption of the commercial code has again been postponed. The 
absence of transparent monitori ng of state aid and of supporti ng policies to reduce distortion 
continued to have an adverse effect on competition and competitiveness in the economy. Public procurement policies continued to be  undermined by exceptio ns to the regulatory 
framework. Overall , state intervention continued to be un transparent, which might have had a 
negative effect on competition and competitiveness.  
Economic integration with the EU 
The openness of the Turkish economy, as measured  by the total value of exports of goods and 
services as a percentage of GDP, decreased to about 47.5% of GDP by the end of 2009, from 
52.2% in 2008, largely in line with the crisis-led contraction in wo rld trade. The EU’s share of 
Turkey’s total trade increased from 41.4% in  2008 to 42.6% in 2009. It s share in Turkey’s 
exports decreased from 48% in 2008 to 46% in 2009. While the EU ’s share of Turkey’s trade 
varies slightly from year to year, depending on numerous factors, including commodity price 
trends and exchange rate movements, its decline in Turkey’s exports is likely to be the result 
of relatively more subdued demand in the EU. Simultaneously, Turkey was somehow able to 
diversify its exports towards other regions. The share of exports to African and Middle East 
countries in Turkey’s total exports increased from 10% in  2008 to over 20%  in 2009. FDI 
inflows to Turkey from EU Member States re mained very significant, growing from 75% of 
the total in 2008 to 80% in 2009, thus illu strating the strong economic interdependence 
between the EU and Turkey. Overall , trade and economic integration with the EU remained 
high. Turkey was able to divers ify part of its trad e towards new markets, thereby partly 
alleviating the impact of the crisis.  
Incipient nominal exchange rate appreciation pressures were observed in the first half of 
2010. In the year to July 2010, the exchange rate  for the lira appreciated by 5% in nominal 
terms against a basket of 50% US dollar and 50% euro. In real effective terms, corrected for 
both producer and consumer price devel opments, the lira strengthened by 8%. Overall , 
standard indicators suggest that Turkey’s export competitiveness has stopped improving .  
4. A
BILITY TO ASSUME THE OBLIGATIONS OF MEMBERSHIP  
This section examines Turkey's ability to assume the obligations of membership – that is, the 
acquis as expressed in the Treaties, the secondary legislation and th e policies of the Union. It 
 
EN 45   EN also analyses Turkey's administrative capacity to implement the acquis . The analysis is 
structured in accordance with 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 
No progress can be reported towards alignment with the general principles  applicable to free 
movement of goods. The legislation on standardis ation in foreign trade marginally reduced 
the list of items subject to conformity assessm ent upon import in 2010. Restrictions applicable 
since 2009 on goods from non-EU countries in free circulation in the EU were not abolished 
in 2010. Such goods are still su bject to conformity assessment procedures based on 
documentation accompanied, if necessary, by physic al checks at the customs posts, thus 
delaying and sometimes inhibiting access to the Turkish market. 
Technical barriers to trade have increased in certain areas, such as pharmaceuticals. A new 
requirement calling for good ma nufacturing practice certifi cates for registration of 
pharmaceutical products for hu man use resulted in a de facto  ban on imports from Europe by 
causing long delays in the regi stration process. The registratio n requirements for imports of 
textiles and clothing are still in force. Th e mutual recognition principle has not been 
introduced into the Turkish legal order, th us limiting free movement of goods in the non-
harmonised area. Licences are still required fo r the import of goods considered old, renovated 
or faulty, for second-hand motor vehicles and for alcoholic beverages. Furthermore, exports 
of copper scrap have also been subjected to  a licence which introduces a ban to exports 
contrary to the Customs Union provisions. 
As regards horizontal measures , further progress can be reported on standardisation . Over 
the reporting period the Turkish Standards Institute (TSE) continued to adopt European 
standards. So far it has adopted a total of  16,194 standards of the European Committee for 
Standardisation (CEN) and the European Co mmittee for Electrotechnical Standardisation 
(CENELEC). Harmonisation with the European  Telecommunication Standards Institute’s 
(ETSI) standards remained at around 350. The ove rall rate of harmonisation with European 
standards rose to 99.7%. The TSE is running 67 operational mirror committees, showing a decline in interest in voluntary standardisa tion activities since last year, when it had 86 
operational committees. The revise d law reflecting the new structure of the TSE meeting the 
requirements for full membership of CE N-CENELEC has not yet been adopted. 
In terms of conformity assessment , further progress was achiev ed on notified bodies. There 
are now 14 Turkish notified bodi es, compared with 12 in 2009, operating in the areas of toys, 
personal protective equipment, lifts, hot-water boilers, applia nces burning gaseous fuels, 
construction products (cement), simple pressure vessels, pressure equipment, medical devices, 
recreational craft and machinery. 
Some progress can be reported on accredit ation. TURKAK (the Turkish Accreditation 
Agency) is also the monitori ng authority over good laboratory  practice. The number of 
TURKAK accreditations increased by 17% compar ed with last year and reached the number 
of 465. Although TURKAK is already a member of  the European Accreditation Cooperation 
(EA) and a signatory of seven EA multilateral agreements, the revised law aiming at further 
harmonising TURKAK's structure with the Euro pean accreditation system has not yet been 
adopted. 
 
EN 46   EN Some progress can be reported in the area of legal metrology . The Ministry of Industry and 
Trade issued new and amending legislation on  non-automatic weighing instruments, type 
approval of measures and measuring instrument s and their inspection, metrological control 
methods for such instruments, the internationa l system for units of measurement and nominal 
quantities of pre-packed products. Although progress has been made towards further 
alignment, full implementation of the Measur ing Instruments Directive has not yet been 
achieved. 
There was some progress on market surveillance . The Under-Secretariat of Foreign Trade 
issued legislation to lay down a common temp late for market surveillance reports and 
notifications. A national surveillance strate gy for 2010-2012 has been adopted. The Ministry 
of Industry and Trade and the Ministry of Agri culture published legislation for organisational 
aspects of market surveillance activities.  The Under-Secretariat’s report on market 
surveillance activities in 2009 is a major step towards systema tic collection of comparable 
surveillance data, even though a number of author ities were unable to contribute basic data. 
Market surveillance activities have conti nued to increase, even though some product 
categories deserve more focus, such as civil explosives, detergents, machinery and the non-
harmonised area in general. Financial and human resources devoted to market surveillance are 
insufficient; in particular, more full-time sp ecialised inspectors are needed. The use of 
appropriate risk assessment and sampling me thods, which would help optimise the use of 
limited market surveillance budgets, remains limited, as is the evaluation of the effectiveness 
of the action taken. Ther e is no database linking accidents  and injuries to products. The 
visibility of market surveillance remains low.  Coordination within and between surveillance 
agencies is still deficient, including on use of IT. Stakeholders are not systematically informed 
of market surveillance activitie s and measures and their general involvement in surveillance 
remains weak. In particular, consumer organisati ons need to be supported in order for them to 
better understand technical legisl ation and to use complaint mechanisms more effectively. 
Full alignment with the 2001 ve rsion of the general products safety directive remains 
outstanding. Full and systematic implement ation of Regulation 765/2008, setting out the 
requirements for accreditation and market survei llance relating to the marketing of products, 
remains to be ensured, including provis ions on external border controls. 
Alignment of horizontal measures is advanced. However, effective implementation of market 
surveillance and adoption of final changes to the legislation on standardisation and 
accreditation have yet to be achieved. Furthermore, the new legislative framework on marketing of products has yet to be adopted in the areas of market surveillance, conformity 
assessment procedures, CE marking and accreditation. 
Further progress was made on the old approach acquis . The Ministry of Industry and Trade 
adopted various pieces of legisl ation on the type approval of motor vehicles and emissions 
from vehicles and tractors. In particular, th e Ministry of Trade an d Industry published a 
regulation concerning the type approval of moto r vehicles with regard  to their reusability, 
recyclability and recoverability aiming to transpose the related EC Directive on the same subject. The same Ministry published a regu lation and an implemen ting communiqué aiming 
to transpose the EC Regulation on the type approval of motor vehicles with regard to the protection of pedestrians and othe r vulnerable road users. The Mi nistry of Health issued an 
amending regulation regarding the packaging a nd labelling of pharmaceutical products for 
human use. The same Ministry issued an  amending regulation on the pricing of 
pharmaceuticals for human use and provisions were adopted on clinical trials. The problem of 
protection of regulatory data persists and the authorisation system for generic medicines for 
which marketing authorisation was applied prio r to 1 January 2005 remain s in place. Turkey 
 
EN 47   EN is continuing to violate the Customs Union obligations in th is area. The Ministry of the 
Environment and Forestry issued a regulati on on good laboratory practice which is of key 
importance for the chemicals sector. The requirements imposed on imports of alcoholic beverages remain burdensome. The Tobacco and Alcohol Board still requires the same 
documentation as it did before the import licence requirement was lifted. The documentary requirements to obtain the contro l certificate from the Ministry of Agriculture remain also 
burdensome. Alignment with the old approach acquis  is advanced, but further efforts are 
needed to complete the process. 
Alignment with the new approach  product legislation  is already advanced. Limited further 
progress can be reported in this area. The Ministry of Public Works and Settlement issued 
legislation on the criteria applicable to  the notified body and published technical 
specifications for construction products. The same Ministry abolis hed about 188 mandatory 
standards in the area of construction produc ts. Mandatory certification by the Turkish 
Standards Institute for products falling under 22 standards is also abolished. The Ministry of Health published a communiqué laying down the principles and procedures for a warning 
system on medical devices.  
No progress can be reported on procedural measures . The Under-Secretariat of Foreign 
Trade continued implementing the provisions of  Regulation 765/2008 regard ing the control of 
products entering the EU market, even though th is Regulation has not been transposed yet 
into Turkey's national legislation. No progr ess was made on cultural goods and firearms. 
There was no progress in the non-harmonised area. The mutual recognition principle still has 
not been introduced into Turkey’s trade arra ngements. The Ministry of Public Works and 
Settlement issued legislation establishing a c onformity assessment procedure for the G mark 
for all construction products in the non-harmon ised area with effect from July 2010. This 
legislation creates an advantage for products that carry the TSE mark  (Turkish Standards 
Institute's quality mark). Conformity assessmen t bodies were assigned for this purpose. The 
provision concerning products or iginating from non-EU countri es, including those put into 
free circulation in the EU and re-exported to Turkey, has not been revised. These construction 
products would still have to go through c onformity assessment checks in Turkey. 
Turkey has still not fully incorp orated into its domestic legal order all EU acts for the removal 
of technical barriers to trade enumerated in  Annex II to Decision 2/97 of the EU-Turkey 
Association Council. Moreover, Turkey has sti ll not accepted the update of  the Annex to this 
Decision reflecting acquis  adopted since 1997. 
‘Free movement of goods’ is one of the eight ch apters 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 Decemb er 2006. As long as restrictions remain in 
place on the free movement of goods  carried by vessels and aircra ft 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 
Limited progress can be reported in this chap ter. Although alignment is advanced, the new 
legislative framework on marketing of products has yet to be transposed into the Turkish legal 
order and the requirements of the acquis  need to be fully incorporated. Technical barriers to 
trade are still hampering free m ovement of goods and new barriers have been added in areas 
such as pharmaceuticals and construction pro ducts. Deficiencies persist in the market 
 
EN 48   EN surveillance system. The mutual recognition pr inciple still has not been introduced in 
Turkey’s trade legislation and the problem  of data protection in connection with 
pharmaceutical products remains unsolved. Turkey needs to fully implement Decision 1/95 on 
the EU-Turkey Customs Union, including the update of Annex II to Decisi on 2/97, and to 
abolish the remaining import and export licences  and the restrictions on imports of used 
products, in particular motor vehicles. 
4.2. Chapter 2: Freedom of movement for workers 
With regard to access to the labour market,  Turkey amended the Law on work permits for 
foreigners, introducing the possibility of prelimin ary permits for up to on e year for foreigners 
providing ‘professional services’. The Regulat ion on enforcement of the Law on employment 
of foreigners was also amended. The new regula tion explicitly mentions that foreign experts 
employed in projects under financial coopera tion programmes between Turkey and the EU 
are not required to obtain a work permit duri ng their assignment. However, a comprehensive 
reform of the Law on work permits for forei gners has been pending in parliament since 2007. 
Regarding Turkey's participation into EURES  (European Employment Services), the IT 
infrastructure, electronic services and staff capacity of the Turkish Employment Agency 
(ISKUR) need improvement. 
The social security institution continued to receive expertise and tr aining to improve its 
capacity for coordination of soci al security systems . 
There were no developments as regards the European health insurance card . 
Conclusion 
There has been little progress on  freedom of movement for worker s. Alignment is at an early 
stage. 
4.3. Chapter 3: Right of establishment and freedom to provide services 
There has been limited progress on the right of es tablishment and freedom to provide services. 
Work on the preparation of the detailed strategy related to alignment with the acquis  is 
ongoing.  
As regards the right of establishment , disproportionate requirements are still in place. 
There has been no progress in the area of freedom to provide cross-border services . 
Registration, licence or authorisation requireme nts incompatible with the acquis still exist. 
Service-providers already established in an  EU Member State are subject to such 
requirements before they can obtain work and re sidence permits. No legi slative or regulatory 
steps have been taken to align with the Services Directive. An amending regulation regarding 
professional tourist guides, as well as chamber of commerce re gulations on agricultural and 
shipping engineers, confirmed the nationality  requirements imposed, which are not in line 
with the acquis . A systematic structure for identifyi ng obstacles to exercise freedom to 
provide cross border services has not yet been set up. The Ministry  of Industry and Trade, the 
coordinating body for implementing the Service Di rective, started work ing on establishing a 
Point of Single Contact for the provision of services.  
 
EN 49   EN No progress can be reported on postal services . The draft postal la w has not yet been 
adopted. The accounting system still lacks transp arency. The legal monopoly remains in place 
and an independent regulatory author ity has not yet been established. 
Little progress can be reported on mutual recognition of professional qualifications. A 
decision of the Constitutional Court annulled th e remaining references to women in the Law 
on nurses. The regulation laying  down minimum training conditi ons for regulated professions 
subject to automatic recognition was amende d. However, recognition of professional 
qualifications is still not differentiated from  recognition of academic qualifications. Some 
regulated professions are sti ll subject to reciprocal rec ognition. Nationality and language 
requirements remain.  
‘The right of establishment and freedom to pr ovide 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 
Alignment under this chapter is, overall, at an early stage. No progress can be reported in the 
areas of right of establishment, freedom to pr ovide cross border services, and postal services. 
There has been very limited progress rega rding mutual recognition of professional 
qualifications. 
4.4. Chapter 4: Free movement of capital 
There has been no progress in capital movements and payments over the reporting period. 
Turkey has yet to make significant progress on alignment of its legislation with the acquis.   
The legislative framework regulating real -estate acquisition by foreigners remains 
inconsistent with Article 63 of the Treaty on th e Functioning of the European Union. Turkey 
still needs to propose an action plan for gradual liberalisation of acquisiti on of real estate by 
foreigners in line with the acquis  and to demonstrate that it is making progress towards 
gradual liberalisation, which is a key element fo r the accession negotiations in this chapter. 
There has been no progress on removing remaining restrictions on forei gn direct investments 
originating from the EU, a priority in this ar ea. Sectoral restrictions remain in place, for 
example on energy, transport, education and radi o and TV broadcasting. A draft law raising 
the limit on foreign participation in the above-m entioned areas is before parliament. Turkey’s 
overall level of preparedness in the area of  capital movements and payments is limited. 
No progress can be reported on further alignment of Turkey’s payment systems legislation 
with the acquis . The Central Bank revised its communiqué  on use of the IBAN (international 
bank account number) in bank transfers, making its use in practice optional if the recipient’s 
IBAN is unknown. Adoption of a new paym ent systems law in line with the acquis  is 
pending. The overall level of preparedness in payment systems remained incomplete. 
Progress has been made on alignment with the acquis  on the fight against money 
laundering . A number of regulations have been adopted to implement the  2006 Law on the 
prevention of laundering proceeds of crime a nd the 2008 action plan, which is a key element 
 
EN 50   EN for the accession negotiations in this chapter.  A regulation introduced detailed provisions on 
customer identification, includi ng real persons, lega l persons and entiti es and electronic 
transfers. Another regulation a dopted allows obliged parties to take simplified measures in 
terms of customer due diligence. The Minist ry of Finance is au thorised to decide 
implementing measures and the types of tran sactions falling within the scope of this 
regulation.  
The Financial Action Task Force (FATF) incl uded Turkey amongst 25 countries subject to a 
targeted review  because of deficiencies with regard  to nine out of ten key and core 
recommendations. At its plenary session in Fe bruary 2010, the FATF published a list entitled 
‘Improving global AML/CFT compliance: on-going process’ which also includes Turkey. 
Particular deficiencies identi fied include areas such as cr iminalisation of financing of 
terrorism and an adequate legal framework for identifying and freezing terrorist assets. 
Turkey submitted to the FATF an action plan  setting out the measures to address the 
deficiencies.  
The Turkish Financial Investigation Unit (M ASAK) signed memoranda of understanding for 
exchanges of information with its counterparts in Croatia, Bosnia an d Herzegovina, Ukraine, 
Japan and Norway.  
A considerable increase was recorded in the numb er of suspicious transaction reports relating 
to possible money laundering: 9,823 reports were  notified to MASAK in 2009, compared with 
4,924 in 2008 Most of them were submitted by the banking sector. In contrast, the number of 
suspicious transaction reports concerning financ ing of terrorism decreased to 49 in 2009 from 
228 in 2008. Prosecutions were brought in 23 ca ses in 2009, compared with 42 in 2008; 15 of 
those resulted in opening of cases before courts in 2009, compar ed with 34 in 2008. 
Convictions, confiscations, seizures and freezing of assets remain limited. 
Turkey applied the 2008 Law regarding recovery  of certain assets to the national economy 
until December 2009. Statistics are not available on suspicious transaction reports made under 
this law. MASAK included specific courses on th e law in the training programme for obliged 
parties. It continued running tr aining activities for examiners, judges, prosecutors and obliged 
parties. The capacity of MASAK needs to be st rengthened and training  of the judiciary and 
law enforcement bodies needs to continue. Turkey  has not yet ratified the Council of Europe 
Convention on laundering, search, seizure and co nfiscation of the proceeds from crime and on 
the financing of terrorism (CETS 198), although it signed it in 2007. 
Conclusion 
Progress has been made on alignment with the acquis  on the fight agai nst money laundering, 
but the legal framework against financing of terrorism is sti ll incomplete. There has been no 
progress on capital movements and payments, nor on payment systems, areas in which alignment with the acquis  remains incomplete. Obstacles stil l stand in the wa y of acquisition 
of real estate by foreigners. Sectoral restricti ons are still in place, including on foreign direct 
investments originating from the EU. 
4.5. Chapter 5: Public procurement 
No progress can be reported on general principles. Extensive use of the 15% price advantage 
for domestic bidders continued. The advantag e clause was applied to 24% of the overall 
contract value which was above the threshold, as opposed to 18% in 2009. There was a 
 
EN 51   EN significant increase in the number of contracts cove red by exclusions and via direct purchases. 
In all, 28% of contracts and 12%  of the overall cont ract value were not subject to the tender 
procedures stipulated in the Public Procuremen t Law. Revision of the legislation is necessary 
to reduce the frequency of use of alternativ e procurement procedures. Preparations are 
moderately advanced in this area.  
Some progress has been made on award of public contracts . The strategy adopted in 
February 2010 for enhancing tran sparency and strengthening the fight against corruption is a 
positive step to enhance integrity in public pr ocurement activities. The Public Procurement 
Authority launched a call centre to  provide advisory services to  procuring entities in January 
2010. Comprehensive guides to supply, servic e and works tenders were published in May 
2010. 
Turkey’s public procurement legi slation remains different from the acquis in various respects. 
Turkey has not repealed de rogations contradicting the acquis , nor has it further aligned its 
legislation, or its scope, particularly on utiliti es, concessions and public-private partnerships. 
Classical sectors and utilities ar e still subject to the same pub lic procurement procedures. In 
the absence of a coherent legal framework, there is a lack of tr ansparency about the award of 
concessions and public-priva te partnerships. Preparations are not very advanced in this area. 
Turkey has drafted an alignment strategy on publ ic procurement, with milestones on the way 
to eventual full alignment. The strategy now needs to be adopted and implemented. 
The necessary administrative capacity is in pl ace both in the Public Procurement Authority 
and in the State Planning Organisation. The Ministry of Finance coordinates policy 
formulation and plays an implementing role conf irmed by law. An ad-hoc unit set up in 2009 
under the Directorate of budget and financial cont rol is being restructur ed with a view to 
providing better coordination of public procur ement reform. However, administrative and 
operational capacity needs further improvement. Market functionality and competition with 
other stakeholders (contracti ng entities and economic operator s) are satisfactory in most 
sectors. Preparations are highl y advanced in this domain.  
No progress can be reported on alignment with the Remedies Directives. The Public 
Procurement Board has a maximum of 20 calendar days to reach a decision and announce it on the website. Turkey will need to align its legislation on review procedures with the acquis  
and to strengthen its administrative capacity and enforcement mechanisms. Preparations are moderately advanced in this area. 
Conclusion 
Some progress can be reported in this chapter.  The institutional set-up and administrative 
capacity are advanced. A draft alignment strate gy, with a time-bound actio n plan, needs to be 
adopted. Turkey has not completed the alignment of  the scope of its legislation to the acquis, 
particularly on utilities, concessi ons and public-priva te partnerships. 
4.6. Chapter 6: Company law 
Little progress can be reported on company law . No progress has been made towards 
adoption of the long-pending Turkish Commercia l Code (TCC) and the Law on the entry into 
force and implementation of the TCC. Without a doption of the TCC, electronic disclosure of 
and access to company information is not possi ble. Nor is online company registration 
 
EN 52   EN operational either. Adoption of other draft laws  is contingent upon entr y into force of the 
TCC. 
The Capital Market Board (CMB) issued a co mmuniqué on the principl es of takeovers. In 
particular, the concept of control of a company has been defined in the securities legislation 
for the first time. New rules were introduced fo r setting the price of the bid, mandatory bids, 
voluntary bids and public disclosure  in line with the directive. 
The CMB further amended the communiqué on the principles regarding mergers in order to 
enhance transparency. In cases of acquisition of one company by another which holds 95% or 
more of its shares, a simplified procedure wi ll be applied. The disclosure document on the 
merger will have to be published electronically. 
Turkey amended its Law on financial reporting in the capital market. As a result, companies 
must disclose annual and interi m financial reports on their webs ites and keep th em available 
to the public for five years.  
Some progress can be reported in the area of corporate accounting. The Turkish Accounting 
Standards Board (TASB) published several sta ndards, interpretations and revisions of a 
number of international accounting standard s (IAS). The standards apply to 600 listed 
companies. Specialised training was organised for TASB staff members. 
Limited progress can be reported on auditing . The CMB issued a communiqué on principles 
for independent auditing standards in the capital  markets. The CMB also  changed the sanction 
of ‘permanent cancellation’ of the independent a udit licence to ‘the cancellation of not less 
than two years. After two years, the independent audit firm can apply for lifting of the 
sanction. 
Partially in line with the Directive on statutor y audits of annual accounts and consolidated 
accounts, a database on independent audit firm s was opened to the public. The CMB speeded 
up quality controls on audit firms and joined the International Forum of Independent Audit Regulators in order to intensify cooperation wi th international organisations. The regulatory 
framework for auditing is not in place. A pub lic oversight body for statutory auditors and 
audit firms has yet to be established. 
Conclusion 
Overall, limited progress was made in this  chapter during the reporting period. The new 
Commercial Code has not yet been adopted. The administra tive capacity of the TASB 
requires further strengthening. The legal and ins titutional framework for auditing is not yet in 
place. 
4.7. Chapter 7: Intellectual property law 
In the area of copyright and neighbouring rights , the Directorate-General for Copyrights 
(DGCC) in the Ministry of Culture and To urism (MoCT) improved its online services. 
Coordination and cooperation between the copyri ght bodies has further improved as a result 
of training organised jointly by the MoCT, the police, the ju diciary and the anti-piracy 
commissions. After the police joined the anti-piracy commissions, physical piracy has 
decreased. However, in cities other than  Istanbul, Ankara and Izmir, conducting ex-officio  
raids against pirated products is very difficu lt, due to the lack of a common understanding of 
the legislation on the part of enforcers a nd the complicated wording of the rules on 
banderolling. The rules and procedures for the fight against piracy ne ed simplification. In 
 
EN 53   EN particular, adoption of the pending package of amendments to the Law on intellectual and 
artistic works is crucial. 
No progress can be reported in the legislative framework for industrial property rights . A 
constructive and structured dialogue should be established between the Turkish Patent 
Institute (TPI) and IPR-holders. Issues linke d to bad faith and similar trade marks and 
industrial designs remain unresolved. The re-exa mination board needs more legal experts. The 
search and examination capacity of the Patent  Department needs to be improved. The draft 
laws regulating industrial desi gn and patent and geographical indication rights, including 
deterrent criminal sanctions, prepared by the TPI in consultation with ot her stakeholders need 
to be urgently adopted by parliament as th e deadline for the adopti on of new legislation 
expired on 10 June 2010.  
Following the decision of the Constitutional Cour t to revoke criminal provisions on trademark 
infringements in the trademark decree-law, Tu rkey adopted a new trademark law. On the 
basis of the same decision, the Supreme Court of Turkey decide d that a defendant under the 
repealed criminal provisions of the trademark d ecree-law should be acquitted of all charges. 
Moreover, confiscated counterfeit goods had to be returned to the defendants, since they were 
no longer the subject of a crime. As a resu lt, a big number of counterfeit goods found their 
way back to the Turkish market and possibly to  other markets too. Turkey did not act timely 
to prevent the above negative development. The Court also ruled that the provisions of the 
Turkish Commercial Code on unfair competiti on cannot apply to trademark cases. This 
decision of the Supreme Court is another nega tive development with regard to criminal 
enforcement of trademark rights in Turkey. 
As regards enforcement , the high-level inter-ministerial Intellectual and I ndustrial Property 
Coordination Board eventually agreed to esta blish an IPR working gr oup as a platform for 
dialogue between the EU and Turkey. Establis hment of such dialogue on IPR issues and 
successful engagement of Turkey in it is a ke y element for the accession negotiations on this 
chapter.  
The IT system of the customs authorities has been fully centralised. One complaint about IPR 
infringements will be sufficient to seize counterfeit goods at all customs posts. However, the customs controls against counter feit and pirated goods are not ye t up to the expected level and 
no accurate data are availabl e about checks and seizures. 
As part of IPR criminal enforcement, the Turkish police force cont inued its successful 
operations to fight piracy and counterfeiting dur ing the reporting period. However, piracy and 
counterfeiting remain widespread, since there is  no technical tracking of criminals and tools 
against organised crime are not employed. 
Preliminary court injunctions are difficult to  obtain in response to IPR infringements, 
especially for patent cases. Judicial procedur es are very lengthy: a fi nal decision takes, on 
average, three to four years, while preliminar y injunctions are sometimes  decided within three 
or four months. Access to judi cial decisions on IPR is very limited and random. In negative 
clearance cases for pharmaceuticals, the owner of  the patent (defendant) is not able to 
examine the plaintiff’s documents or techni cal information on the product in the market 
authorisation files. 
Reports by expert witnesses are unnecessarily required by some  courts in cases where the 
judge’s legal and professional expertise shoul d suffice to solve the conflict. Th is common 
practice makes IPR enforcement very lengthy and costly. Furthermore, the independence and 
 
EN 54   EN impartiality of the expert witnesses are not ensu red. In some patent case s, the expert witnesses 
are not sufficiently knowledgeable of the patentability criteria. 
Adoption of a law on IPR enforcement proce dures, in line with the EU Enforcement 
Directive, is needed, as IPR cases have different merits than other court cases. IPR 
stakeholders and public bodies need to improve their coordination and aw areness on the risks 
of IPR infringements. 
Conclusion 
Overall, alignment of the legislation with the acquis is relatively high, although 
implementation and enforcement are still problema tic. Turkey’s decision to agree to establish 
an IPR working group with the Commission is a positive development addressing a key 
element of the accession negotiations on this ch apter. Adoption of cruc ial updated draft laws 
regulating industrial property righ ts, including deterrent criminal sanctions, is pending. Closer 
coordination and cooperation be tween the IPR-relate d public bodies a nd specialised IPR 
enforcement units is of the utmost importance.  IPR holders should be better represented in 
public IPR platforms. Greater public awareness of the risks which counterfeit and pirated 
goods pose to consumer safety, public order and health should also be a priority. Inconsistencies in practices between the differe nt IPR courts and discrepancies between TPI 
and court decisions persist and reliable statistics are still not available. 
4.8. Chapter 8: Competition policy 
Turkey made some progress in the field of antitrust . The Competition Authority adopted two 
sets of implementing legislati on. These rules introduce defendants’  right to oral hearings, the 
rights of access to case files and rules on pr otection of business secrets. The Competition 
Authority and the Public Procurement Authority  signed a protocol facilitating exchanges of 
information and cooperation for handling competition infringements in public tenders. However, Turkey needs to transpose the acquis  on horizontal cooperation agreements and the 
de minimis  rules. Moreover, the Turkish Competiti on Act does not apply to banking mergers 
and acquisitions of market shares below 20%. 
The Competition Authority’s overall administrative capacity is high. It ha s a satisfactory level 
of administrative and operational independence a nd is committed to providing a high level of 
training for its staff. The authority has a so lid track record on implementing the competition 
rules. 
There has been no progress towa rds alignment of the rules c oncerning public undertakings 
and undertakings holding excl usive and special rights. 
Good progress can be re ported in the area of State aid . The law on monitoring and 
supervision of State aids has b een adopted. It also establishes a competent authority for this 
task, which is supported by an in stitutional structure within the Undersecretariat of Treasury, 
has been adopted. These bodies no w need to become operational as  soon as possible. The law 
provides provisions on notification and monitori ng of aid schemes in line with Turkey's 
Customs Union obligations. The services sector is excluded from its scope.  
In 2009, Turkey adopted a stimulus package ta rgeting the least deve loped regions of the 
country. Some parts of this package have ye t to be adjusted to Customs Union rules. 
Little progress was made on State aid to the steel sector. State practices in support of this 
sector between 2001 and 2006 need to be finally  assessed. No progress has been made in 
 
EN 55   EN establishing institutions or a legal framework to  regulate state aid in the transport or energy 
sector. 
Conclusion 
In the field of antitrust and merger control, Turkey has a high level of alignment. It is 
enforcing the competition rules effectively. The Competition Authority continues to enjoy a satisfactory level of administ rative and operational independe nce. Good progress has been 
made in the area of State aid. A State aid law establishing a monitoring authority has been 
adopted It is now expected th at Turkey adjusts its  State aids to the requirements of the 
Customs Union and of the ECSC Free Trade Agreement.  
4.9. Chapter 9: Financial services 
There has been some progress in the areas of banks and financial conglomerates . The 
authorities introduced new measures with a vi ew to mitigating the negative impact of the 
global crisis on the banking sect or and their balance sheets. Th e Central Bank of Turkey and 
the Banking Regulatory and Supervisory Authority  (BRSA) have brought some flexibility to 
the reserve and liquidity requirements. The BRSA signed MoUs with the Banking Control 
Commission of Lebanon and the National Bank of  Ukraine, increasing the total number of 
such agreements to 21. The BRSA further impr oved its supervisory and enforcement capacity, 
by updating its risk-based audit guidelines and initiating surveys for the regulatory impact 
assessment of draft implementi ng legislation. . The BRSA was accepted as a member of the 
Basel Committee on Banking Supervision and Fina ncial Stability Board in 2009. No progress 
can be reported regarding the implementation of th e Basel II Accord for credit institutions and 
investment firms. The legislation in the area  of banks and financial conglomerates remains 
largely satisfactory. 
Some progress can be reported in the areas of insurance and occupational pensions . The 
Treasury still retains the right to revise motor th ird party liability insurance tariffs if it deems 
necessary. The Treasury required all insurance co mpanies to report their outsourcing activities 
on a quarterly basis with a view to monitori ng the risks they are e xposed to. The Treasury 
issued a detailed communiqué on catastrophic risks and on th e requirement for insurance 
companies to take into account the previous clai ms history of their customers. The main gaps 
in the insurance legislation are the calculati on of solvency margins, the minimum amounts of 
cover in motor third party liability insurance, which are very low, and the coverage of the 
guarantee fund. Overall alignment with the acquis  in the insurance sector remained partial. 
Alignment of insurance legislation with th e Solvency II framework — the Solvency II 
Directive 2009/138/EC and its implementing me asures — is currently  being prepared.  
No progress has been made in the establishmen t of an independent re gulatory and supervisory 
authority in the insurance and occupational pensions sector.  
Turkey’s legislative framework on financial market infrastructure  is already largely in line 
with the acquis . 
Some progress can be reported in securities markets a nd investment services . The Capital 
Markets Board (CMB) published a communiqué on real  investment trusts to facilitate initial 
public offerings. The CMB has become a member of the International Forum of Independent 
Audit Regulators. The Turkish Capital Market  Consultation Council has been established, a 
high-level coordination body to improve cooperati on in securities markets. As a provisional 
 
EN 56   EN measure, the CMB has obtained general ministerial approval for the listing of foreign 
securities at the Istanbul Stock Excha nge. The CMB amended the communiqué on 
intermediary activities and in termediary institutions, facilitating entry and exit in the 
brokerage market. There has been no progress as regards investor compensation schemes, 
market abuse and undertakings for collective inve stment in transferable  securities (UCITS). 
However, some progress can be noted with rega rd to the Markets in Financial Instruments 
Directive (MiFID) and prospectus requireme nts. There has been further progress in 
strengthening prudential and supervisory standards in bo th banking and the non-bank 
financial sectors as referred above. 
‘Financial services’ is one of the eight chapte rs 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 register ed 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, as supervisory authorities 
introduced further prudential measures. Turkey’s overall a lignment with the acquis  remains 
partial. 
4.10. Chapter 10: Information society and media 
Concerning  electronic communications and information technologies , progress can be 
reported. The regulator (ICTA) ha s continued to align regulations with the EU framework 
following the enforcement of the new Electro nic Communications Law of November 2008, in 
particular as regards authorisation, sp ectrum management, access and interconnection, 
numbering, number portability, rights of way, and tariffs.  
ICTA introduced a strategic plan for 2010-2012 which provides a three-year perspective for 
the sector. Publication of ICTA Board decisions on the internet is a positive development with 
regard to transparency and accountabili ty of the regulator’s activities.  
However, the primary law and the implementing regulations are not yet fully aligned with the 
acquis . The authorisation procedures confer a marg in of discretion on the regulator that could 
lead to legal unpredictability. The market review  process is insufficiently established, giving 
discretionary powers to the regulator to deci de when and how to impose obligations on 
operators, notably in the access conditions. Furthermore, the Framework Law does not provide the necessary conditions and the setting to ensure tran sparency and independence of 
the regulatory authority. This is one of the ke y elements for the accession negotiations in this 
chapter. The implementation of universal service obligations continues to  be largely divergent 
from the EU Directive.  
Total revenue of alternative operators is 14% of total revenue of the telecom sector. Fixed line 
telephony services have been opened for comp etition. However, the share of alternative 
operators has remained limited. No progress wa s achieved regarding number portability on 
fixed lines. The authorisation of mobile virtua l network operator servic es, and issuance of the 
implementing regulation on authorisation of br oadband wireless access services operators, are 
pending. Communications charges im posed on operators remain high. 
 
EN 57   EN As regards  information society services , limited progress can be repo rted towards legislative 
alignment. Turkey is not a party to the Eu ropean Convention on the legal protection of 
services based on, or consisting of, conditiona l access. The Law on elec tronic signature still 
shows several discrepancies w ith the EU Directive. The Law on internet content and the 
conditions under which internet providers can operate appear  not to be in line with 
international standards protecting freedom of  expression and may af fect citizens’ rights 
relating to internet access. (See the section on freedom of expression)  
As regards audiovisual policy , the Radio and Television Supr eme Council (RTÜK) adopted a 
regulation in November 2009 that lifted the time rest rictions for private broadcasters and 
allowed 24-hour broadcasting in  languages other than Turkis h. The Regulation also removed 
the subtitle/consecutive translation requirement , thus opening the way for live broadcasts. 
Limitations as regards children’s and language t eaching programmes have also been lifted. As 
a consequence, the number of radio stations a nd TV channels broadcas ting in languages other 
than Turkish has increased to 15 (5 TV ch annels and 10 radio stat ions), all of them 
broadcasting regionally.  
The consultation forum with broadcasters c ontinued, although on an irregular basis. RTÜK 
has reinforced its monitoring capacit y by recruiting new staff who speak K ırmanji and Zaza. 
For the moment however, the monitoring of all local TV and radio broadcasts are carried out 
with the contributions of the monitoring units of  the local police in line with a protocol that 
was first signed in 1998 and amended in 2006.  
TRT became a shareholder in Euronews, whose Turkish service has been on air since January 
2010, 24 hours a day, 7 days a week. Euronews in Turkish is distributed all over Turkey by 
TRT and is available on all distribution netw orks. In addition, TRT 2 is using Euronews 
programmes and the Turkish internet service also features Euronews programmes on demand. 
In terms of alignment with the acquis, however, there has been no development. Media 
legislation is not yet aligned with the Audiovi sual Media Services Directive. The draft law 
aiming to implement the directive was submitt ed to parliament in May 2010. RTÜK has not 
yet reallocated frequencies and the broadcasters have continued to use terrestrial frequencies 
on a de facto basis. The licensing deadlock continues to  damage the broadc asting industry and 
also causes technical difficulties, such as signi ficant interference, including cross-border, on 
both telecommunication systems and television and radio broadcasts. Switchover to digital 
would solve this problem, since Turkey adopt ed a roadmap on digital switchover in 2009, in 
line with the objective set by the European  Commission for EU Member States.  
The interpretation of certain articles of the broadcasting law and the sanctions imposed on 
broadcasters raised concerns. In June, RTÜK imposed a broadcasting ban on a channel for the 
words of a writer who spoke about the Armenian  issue and which according to the regulator 
exceeded the limits of criticism. 
Conclusion 
Turkey has made progress in aligning the na tional legislation with  the EU framework on 
electronic communications and information tec hnologies. However, the primary law and the 
implementing regulations are not yet fully aligned with the acquis . Several obstacles to 
market development, not least in the internet broadband market, remain in place. In order to 
enhance competition in the sector, the regulatory authority’s independence and effectiveness should be reinforced. Regarding information soci ety services and audiovi sual policy, there has 
been little progress and the legislative alignmen t remains at an early stage. In the area of 
 
EN 58   EN information society and media, Turkey should continue efforts for further alignment and 
enforcement of regulations.  
4.11. Chapter 11: Agriculture 
Limited progress can be reported towards legisl ative alignment with the common agricultural 
policy (CAP). Turkey has not yet adopted a law to restructure th e Ministry of Agriculture and 
Rural Affairs (MARA), an important step in developing the administrative structures 
necessary to implement the CAP. 
Progress on horizontal issues  has been limited to preparations for the integrated 
administration and control system (IACS), a key element for the accession negotiations in this 
chapter. The strategy for a land parcel identifi cation system (LPIS) a nd farmer registration 
system has been adopted by the Turkish authoriti es. No progress can be reported regarding the 
farm accountancy data network (FADN). Regard ing agricultural statistics, another key 
element for the accession negotiations in this ch apter, a protocol has been signed to enhance 
cooperation between MARA and the Turkish Statis tics Institute. However, the absence of an 
adopted strategy remains a shortcoming.  
There has been limited progress on alignment of the Turkish agricultural policy with the CAP, 
a further key element for the a ccession negotiations in  this chapter. Coupled direct support 
continues to be the main type of support to Turkey's agricultural s ector. Turkey has been 
developing a strategy aimed at adjusting its suppor t policy to future integration in the CAP but 
no significant progress has been achieved in th e reporting period. As conc erns the agricultural 
budget in 2010, a significant rise took place in ar ea-based payments for hazelnut production, 
replacing previous public interv ention measures for this crop . The adoption of implementing 
regulations introducing payments per head for cattle and sheep and goats represents some 
degree of convergence with current CAP measures.  
Following the substantial increase in consumer meat prices over the past year, the government 
declared a partial lifting of the import ban fo r live cattle and beef meat, which represents 
progress in solving this long-standing problem. However, Turkey continues to remain in 
breach of its bilateral obliga tions under the trade agreement for agricultural products, in 
particular by not allowing the import of live animals from a great majority of Member States. The complete removal of the ban for live cattle  and beef meat remain s a key element for the 
accession negotiations on this chapter. 
There has been no progress in the area  of common market organisation.  
As regards rural development , the sectoral agreement layi ng down detailed rules for the 
implementation of IPARD (Instrument for Pre- accession Assistance for Rural Development) 
has been signed and ratified. Progress has been observed in the recruitment and training of 
personnel and towards accreditation of the IP ARD agency, a key element for the accession 
negotiations in this chapter. The national acc reditation of the IPARD-related structures, 
originally planned for the beginning of 2009, wa s completed in July 2010. Further checks of 
the compliance of these structures with IPAR D accreditation criteria need to be done by the 
European Commission before the conferral of management can be granted to Turkey and the implementation of the IPARD programme can st art. Major efforts are still needed by the 
Managing Authority and the IPARD Agency to ensure good absorption capacity and prevent 
the loss of IPARD funds. Progress has also been  noted through the adop tion of a national rural 
development plan to supplement the EU’s IPARD support to Turkey. 
 
EN 59   EN Only limited progress can be reported on quality policy and organic farming . As regards the 
former, a new law on geographica l indications has been adopted. On organic farming, Turkey 
has taken further measures to improve the certification and control system. 
‘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 car ried by vessels and aircraft registered in 
Cyprus or whose last port of call was in Cypr us, Turkey will not be in  a position to implement 
fully the acquis  relating to this chapter. 
Conclusion 
There has been limited progress towards alignment with the acquis . Agricultural support 
policies showed only minor transition towards the CAP, following the significant divergent 
trend reported in recent years. Initial step s have been taken for the development of an 
integrated administration and control system. However, the failure to fully remove unjustified technical barriers to trade in bovine products and the continued delays in the accreditation of 
the structures to use the Instrument for Pr e-accession Assistance for Rural Development 
represent significant shortcomings. Similarly, fu rther progress is required on agricultural 
statistics, the farm accountancy data netw ork, quality policy a nd organic farming.  
4.12. Chapter 12: Food safety, veterinary and phytosanitary policy 
Substantial progress has been made towards transposition and implementation of the food 
safety acquis. The Framework Law on veterinary servi ces, plant health, food and feed has 
been adopted. Turkey also prepared a detailed  strategy for the transposition, implementation 
and enforcement of the acquis.  
In the area of veterinary policy , some progress was observed towards transposition and 
implementation  of the  acquis . Legislative alignment in the area of import control systems is 
still incomplete. Construction of three land and two seaport border inspection posts (BIPs) has 
been completed, but they are not yet fully f unctioning. Problems in directing consignments 
from Ataturk Airport to Sabiha Gokcen Air port remain unresolved and the BIP at Sabiha 
Gokcen Airport in Istanbul is  still not fully functional. 
Turkey pursued efforts to bring the system fo r identification and registration of bovines and 
their movements fully into line with the acquis . The system has been st rengthened to allow an 
effective cross-checking system with off and on movement notifications. The administrative 
capacity of the Ministry of Agriculture and Rural Affairs (MARA) has been improved through information and training activities for staff and stakeholders. Implementation of 
identification and registration of ovine and caprine animals has started across the whole 
country. Implementation of systems for identific ation and registration of animals constitutes a 
key element for the accession negotiations in this chapter. Turkey has made no progress as regards control of commercial  movements of pet animals. 
Turkey’s efforts in the area of combating an imal diseases have c ontinued, with foot and 
mouth disease (FMD) still being the main focus.  However, the FMD contingency plan has not 
yet been adopted and the regul ation on the control of FMD ha s not entered into force. 
Turkey’s intensive FMD vaccination programme  accompanied by strict animal movement 
measures between Thrace and Anatolia has been implemented. Nevertheless, the number of 
 
EN 60   EN FMD outbreaks has increased substantially in  Anatolia. Thrace has been recognised by the 
World Organisation for Animal Health (OIE) as FMD-free with vacc ination. The regulation 
concerning the control of rabies has not yet ente red into force. No avian influenza outbreaks 
occurred in the reporting pe riod and MARA continued implementing awareness campaigns 
and simulation exercises. Turkey made no progress as regards transmissible spongiform 
encephalopathy (TSE). Timely no tification of animal diseases  by Turkey has continued under 
its international obligations. Control and eradic ation of animal diseases, in particular FMD 
and TSE, as well as notification of animal diseases are key elements for the accession 
negotiations in this chapter. 
Procedures have been improved regarding th e implementation and follow-up of the national 
residue monitoring plan and the control of veterinary medicinal products. However, no 
progress can be reported concerni ng deficiencies of laboratori es and the inclusion of all 
substances. 
The current system for financing veterinary insp ections and controls is not in line with the 
acquis . No progress has been observed as regards import requirements for live animals and 
animal products to br ing the system into line with EU rules. The  de facto  beef ban was 
partially lifted (See also Chapter 11).  Turkey has made no progress on zootechnical issues or 
on animal welfare, the latter bei ng a key element for the accession negotiations in this chapter. 
As regards placing on the market of food and feed and animal by-products , limited 
progress can be reported. The hygiene package,  a key element for the accession negotiations 
in this chapter, has not yet been transposed. Hygiene guidelines have been prepared and their 
implementation has started in some sectors. Ri sk-based inspections and controls are being 
implemented. A food safety information networ k system has become partially operational. 
The national rapid alert system for food and f eed (RASFF) has been improved. The number of 
notifications received, particular ly on aflatoxins and certain pesticide residues remained high. 
The Law on the restructuring of MARA has not  been adopted. Intens ive training programmes 
have led to improvements in administrative  capacity. Annual inspection and monitoring 
programmes have been implemented. The classi fication of agri-food and animal by-products 
establishments has been completed in line with the acquis . However, no significant action has 
been taken to bring these establishments into  line with EU requirements, which is a key 
element for the accession negotiations in this chapter.  
Concerning food safety rules , legislative alignment and implementation have further 
advanced on labelling, presentation and a dvertising, food additive s and purity criteria, 
extraction solvents, quick frozen foodstuffs, f ood for particular nutriti onal uses, irradiated 
food and mineral waters. As regards contaminan ts, a communiqué concerning the methods of 
sampling and analysis for the official control of levels of dioxins and dioxin-like PCBs in 
certain foodstuffs has entered into force. 
Turkey has not completed transposition in the area of flavourings, food supplements and 
novel food. The Law on biosafety and two implementing regulations  have entered into force. 
However, further alignment in this area is st ill required. Limited progress has been observed 
in the area of food contact mate rials. A regulation relating to materials and articles made of 
regenerated cellulose film intended to come in to contact with foodstuffs has entered into 
force. 
No progress can be reported with regard to specific rules for feed . 
 
EN 61   EN Some progress on phytosanitary policy  has been achieved, with the main focus on the area 
of plant protection products (PPPs). The cont rol system in this area has been further 
strengthened by providing training sessions on pr escription, certificati on and the use of PPPs. 
Alignment has further improved on banned active substances. The use of certain pesticides, 
i.e. amitraz on pears, oxamyl on peppers, toma toes and cucumbers, has been banned. A 
regulation concerning the marking of wood packaging materials as a plant health measure has 
entered into force. Implementation of a pilot-sc ale plant passport system has not yet started.  
Progress in the area of seed and propagating materials remained very limited. The variety 
registration and seed certification software system has still not become fully operational. No developments can be reported on the implem entation of international phytosanitary 
agreements. 
Conclusion 
Progress has been achieved on all key elements fo r the accession negotiations in this chapter. 
The adoption of the Framework Law on veterinary  services, plant health, food and feed has 
contributed significantly to Turk ey’s alignment process in the area of food safety, veterinary 
and phytosanitary policy. However, the restructur ing of the Ministry of  Agriculture and Rural 
Affairs has not taken place yet. The adoptio n of a complete alignment strategy should 
facilitate transposition and im plementation of the relevant acquis  in this area. However, 
further efforts are still necessary for the alignment process.  
4.13. Chapter 13: Fisheries 
There has been no substantial progress in alignment with the fisheries acquis . The revised 
Law on Fisheries and the Law on restructuring of the Ministry of Agriculture and Rural 
Affairs (MARA) has not yet been adopted. 
Some progress has been made in the area of resource and fleet management . The fisheries 
information system (FIS) has been improved to  include recording of fishing vessels and 
commercial fishermen, special fishing permits, m onitoring of blue-fin tu na (BFT), baby clam 
quotas and anchovy fishing. Further improvement  is needed on collection of catch and 
landing data. 
Turkey completed building and equipping two ne w fisheries port offices, thereby increasing 
the total number to 36. Some progress can be reported as regards the administrative capacity 
of MARA. However, technical capacity needs to be built for stock assessment and data 
collection. 
There has been some progress in the field of  inspection and control . MARA circulated 
implementing instructions to meet the requ irements of the Counc il Regulation on illegal, 
unreported and unregulated (IUU)  fishing. Catch certificates a nd re-export certificates are 
issued for products to be exported to the EU. These products are also monitored and the data 
on their catch and sale are cros s-checked in the FIS. All vesse ls over 15 m in length have 
started using automatic identification system (AIS) devices. All BFT vessels have been 
monitored by the satellite base d vessel monitoring system. 
Further improvement is necessary  with regard to fisheries c ontrol and measures to ensure 
sustainability of the fish stocks. 
No progress has been made on structural action , market policy and state aid . 
 
EN 62   EN Turkey has not concluded any new international agreements but there has been some 
progress as regards the implementation of Inte rnational Commission for the Conservation of 
Atlantic Tunas (ICCAT) decisions. The number of  authorised BFT vessels has been reduced 
from 57 to 18 and an individual quota system ha s been applied to dist ribute the total quota 
allocated to Turkey by the ICCAT. The ICCAT regional observer scheme has been introduced 
and ICCAT observers have been deployed to al l BFT farms and authorised vessels. Fishing 
periods are aligned with ICCA T requirements for BFT and swordfish. Further efforts are 
required to comply with the requirements of th e multi-annual recovery plan for Eastern BFT. 
‘Fisheries’ is one of the eight chapters cove red by the conclusions on Turkey adopted by the 
Council (General Affairs and External Re lations) 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 ve ssels 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 
Overall, some progress has been made on re source and fleet management, inspection and 
control and implementation of international agre ements. Further progress needs to be made on 
legislative alignment, administrative structures  and market policy, stru ctural action and state 
aid. 
4.14. Chapter 14: Transport policy 
Some progress has been made in the area of road transport . Turkey became a party to the 
European Agreement on the inte rnational carriage of danger ous goods by road (ADR) on 22 
February 2010. However, the institutional and tec hnical capacity of the directorate general for 
land transport (DGLT) for implementing the ADR remains limited. 26 additional inspection 
stations for the weight and dimensions of co mmercial vehicles were built in 2010. In January 
2010, Turkey appointed the Ministry of Trans port (MoT) as the national authority charged 
with establishing a digital tachograph system (DTS). The MoT has delegated its tasks to the Union of Chambers of Commerce (TOBB) vi a a protocol. The implementing legistlation 
concerning the use of tachograph devices on vehicles providing international transport 
services entered into force on 21 May 2010 and fi rst user card was issued in September 2010. 
The regulation is in line with Council Regul ation 3821/85/EEC and the European Agreement 
concerning the work of crews of vehicles enga ged in international road transport (AETR).  
On road transport, legislative alignment rega rding driving and rest hours of drivers by the 
Ministry of Labour and Social Security is slow . Further work is required, especially in order 
to align with the new legislative packag es adopted by the European Union after 2007. 
Technical and human resources capac ity is not on a par with the le vel of legislative alignment.  
Rail transport  is the only transport sub-sector wh ere no progress has so far taken place. 
Preparedness in this sector remains at a very early stage. 
There is no inland waterway transport in Turkey. 
Good progress can be repor ted in the area of air transport . An EU-Turkey horizontal 
aviation agreement
, which will constitute a new legal basis for relations in the aviation field, is 
at a final stage . Turkey has declared its willingness to be integrated in the aviation 
 
EN 63   EN architecture that will emerge from the single eur opean sky initiative. Prep arations to draw up 
a pre-accession strategy for the aviation sector ar e at an early stage. The directorate-general 
for civil aviation (DGCA) has improved the tec hnical capacity of its human resources through 
an active training policy which calls for syst ematisation of curricula  and better training 
facilities. 
The DGCA extended the scope of th e regulation on carriag e of liquids on ai rplanes to include 
all international airports. It finalised a circ ular on passenger rights  which is undergoing 
stakeholder consultation with the aviation i ndustry. The DGCA also issued a regulation on 
safety assessment of national and foreign airc raft (SAFA – SANA). Despite widespread use in 
practice, DGCA still has not issued a regulati on on computerised reservation systems.  
Air traffic management is still suffering from a lack of regional cooperation. The lack of 
communications between air traffic control centres  in Turkey and the Republic of Cyprus is 
seriously compromising air safety in the Ni cosia flight information region. A technical 
solution has been submitted by the Commission  and Eurocontrol to the parties and the 
International Civil Aviation Or ganisation (ICAO) for further c onsideration. No agreement has 
so far been reached between the parties. 
In the field of maritime transport , some progress can be repor ted, particularly on the 
strengthening of institutional capacity. The unde rsecretariat for maritim e affairs (UMA) has 
prepared a pre-accession sector strategy and id entified priority policy areas for short-term 
actions. The directorate general for coastal sa fety and salvage operations established a long-
range identification and tracking system (LRIT)  and the Turkish national LRIT data centre 
integrated with the International Maritime Organisation (IMO) and the International Mobile Satellite Organisation (IMSO). Also a national assistance, search and rescue automation 
system called Yakamos was put into operation in October 2009. These investments substantially enhanced UMA’ s technical capacity for monitoring, pollution estimation and 
integrated planning in coastal zones. Vessel traffic monitoring information systems (VTMIS) for the ports of Izmit, Izmir, Mersin and Iske nderun are being installe d. UMA also initiated a 
comprehensive annual training programme on  oil pollution preparedness and emergency 
response. However, actual physical capacity fo r pollution prevention and emergency response 
is limited. The regulation on seafarers was amended on 28 May 2010: graduates of the 
military navy schools are required to complete  training and take the seafarer exam in 
accordance with the Convention on standards of training, certification and watch keeping 
(STCW).  
The regulation on reception of waste from ships and waste control was amended and specific 
references to Marpol Annexes were made in relation to the definition of waste. Turkey 
became a party to protocol on limitation on liability for maritime claims (LLMC 1996). UMA issued an administrative instru ction to comply with the anti-fouling systems convention while 
the ratification process is ongoing. There was no  progress in becoming a party to SOLAS-78, 
SOLAS-88, the Convention on f acilitation of international maritime traffic (FAL), the 
International Convention on the control of ha rmful anti-fouling systems on ships (AFS) and 
Marpol Annexes III and IV.  
The detention rate of Turkish vessels was 4.2%  in 2009 (5.6% during the first half of 2010) 
compared to 2.2%  for the EU average in 2009. Turkey is on the white list of the Paris 
Memorandum of Understanding. Alignment in the maritime safety area is at a good level but 
the third EU Maritime Package adopted on 11 March 2009 amends some of the legislation 
with which Turkey has already aligned. 
 
EN 64   EN No particular development in the area of combined transport and  satellite navigation can 
be reported.  
‘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 aircra ft registered in C yprus or where the 
last port of call was in Cyprus, Turkey will not be in a position to implement fully the acquis 
relating to this chapter. 
Conclusion 
Except for the railways sector, some progress ha s been achieved towa rds alignment of the 
transport sector. Legislative alignment has reached an advanced level in the aviation, 
maritime and road sectors. However, some recent legislative packages adopted by the EU amending the acquis  require additional alignment effo rts. No progress has been made 
regarding rail market opening and safety. The lack of communications between air traffic 
control centres in Turkey and the Republic of Cyprus continues to seriously compromise air 
safety. In the maritime sector, no progress has been made on becoming a party to international 
conventions. The implementation capacity is limited, particularly for road transport and for 
prevention of pollution and emergency response in the maritime area. Human resources and 
technical capacity to implement the acquis  remain limited. 
4.15. Chapter 15: Energy 
Progress can be reported in the field of security of supply . Turkey completed the ratification 
procedure of the intergovernmental agreemen t on the Nabucco gas pipeline in August 2010. 
As the next step project support agreements can now be concluded between governments. In 
June 2010 Turkey and Azerbaijan reached agreement on gas pricing and gas transit through Turkey. The agreement for the construction of  the Samsun-Ceyhan oil pipeline was signed 
between the Turkish, Italian and Russian compan ies. There have been few developments as 
regards oil stocks. The planned oil stockholding agency to facilitate oil stockholding arrangements remains to be established. 
Regarding the  internal energy market , good progress can be report ed on electricity. With 
new private sector investment s undertaken, Turkey’s installe d capacity increased by 2,800 
MW and private investments in the ener gy sector amounted to €3.1 billion in 2009. 
Implementation of the new balancing and settle ment regulation started, thereby launching 
modern electricity market trading practices. Sales through the bala ncing and settlement 
system correspond to around 75% of total electr icity sales volume. Th e electricity market 
licensing regulation was amended. The amendmen t makes completion of the environmental 
impact assessment procedure a precondition for gr anting generating licences in the electricity 
sector. The threshold for eligible consumer s was further reduced to 100,000 kWh, equivalent 
to opening 63% of the market. Privatisation of distribution assets thr ough block sales of 100% 
of shares continued. Three private companies began operating in the el ectricity distribution 
sector. The privatisation proce ss for five more distribution re gions was completed but assets 
have not been transferred to the new owners ye t. According to the revised strategy paper, the 
government plans to complete privatis ation of distribution assets in 2010. 
Regarding the natural gas market , little progress can be reported. The threshold for eligible 
consumers was reduced to 800,000 m3/year from  1 million m3/year. By April 2010, 66 cities 
 
EN 65   EN in Turkey were connected to the natural gas gr id. Two companies started spot LNG imports in 
2009. No developments can be reported rega rding the gas release programme or the 
unbundling of BOTAS to meet the requireme nts of the Natural Gas Market Law. 
Good progress can be repor ted in the field of renewable energy . The electricity licensing 
regulation was amended to tackle  the large number of wind licen ce applications that were 
submitted to the energy market regulatory au thority in 2007. Private sector interest in 
renewable energy investments grew str ongly. By the end of 2009, around 1,000 MW of 
additional renewable installed capacity was developed by the pr ivate sector. By the end of 
2009, Turkey was producing 19.6% of its electri city from renewable energy sources. 
Nevertheless, further efforts are needed in pa rticular towards creati ng a stronger regulatory 
environment favourable for the use of renewabl e energy sources in all sectors required by the 
EU acquis.  
Regarding energy efficiency , further progress can be reported. The implementing regulation 
on energy performance of buildings came into fo rce. By the end of 2009, 17 private sector 
companies and one professional chamber were authorised to provide energy efficiency services. Efforts to increase en ergy efficiency in the country could benefit from improvements 
in the capacity of the general directorate of electrical power resources survey and 
development administration as well as developmen t of strategies to increase further awareness 
in this field. 
Regarding  nuclear energy, nuclear safety  and radiation protection limited progress can be 
reported. In October 2010, Turkey ratified its first agreement w ith Russia to establish and 
operate a nuclear power plant in  Akkuyu on the Eastern Mediterrane an coast with an installed 
capacity of 4,800 MW. In June 201 0 the Turkish state-owned el ectricity generation company 
EUAS and Korea Electric Power Corporation (K EPCO) signed a protocol  to build Turkey’s 
second nuclear power plant in Sinop, on the Black  Sea coast. Improvements were made to the 
radioactive waste management unit at the Ce kmece nuclear research and training centre, 
which still need to be assessed by the Commis sion. According to Turkey’s revised strategy 
paper on the electricity market a nd security of supply, Turkey plan s to have 5% of  its installed 
capacity from nuclear energy by the year 2023. The Turkish Atomic Energy Agency (TAEK) 
continues to perform both regulatory f unctions and its operational tasks.  
Compliance of the existing regulations with the EU acquis  still needs to be demonstrated. 
Turkey does not participate in the IPA horizont al programme on nuclear safety and radiation 
protection, making an assessment of the level of transposition of the EU acquis  very difficult.  
Turkey does not have a framewor k nuclear law to address the acquis  requirements regarding 
nuclear safety and it has not acceded to the Jo int Convention on the safety of spent fuel 
management and radioactive waste management. As a Contracting Party to the Convention on 
Nuclear Safety, Turkey is ob liged to consult it s neighbouring countrie s and the Euratom 
Community on nuclear power plan ts planned on its territory.  
Conclusion 
There has been good progress with regard to electricity, renewable energy and energy 
efficiency, as well as on security of supply. Devel opments in the fields of natural gas, nuclear 
energy, nuclear safety and radiation protection require further efforts. 
 
EN 66   EN 4.16. Chapter 16: Taxation 
There has been limited progress in the area of indirect taxation . Turkey’s value added tax 
legislation is not fully in line with the acquis . The structure, exemptions, special schemes and 
application of reduced rates remain to be furt her aligned. Some progress can be reported with 
regard to excise  duties. In line with the action plan adopted on 18 May 2009, Turkey 
abolished the Tobacco Fund levy imposed on processed tobacco as of 1 January 2010. This is a positive step towards full elimination of discri minatory practices in the taxation of tobacco. 
The Tobacco Fund sets a special duty on imported raw tobacco, which is not applicable to domestic products. Minimum excise tax amount and ad valorem on tobacco products were 
increased. However, discrepancies betw een the Turkish legislation and the acquis  continue to 
exist in terms of the structure of the excise  duty on tobacco and tobacco products. Turkish 
legislation lays down ad valorem rates and an d minimum excise duty whereas it lacks the 
element of specific excise duties. 
With regard to alcoholic beverages, uneven progress can be reported. Specific duties are 
levied on alcoholic beverages, differentiated on th e basis of the type of product instead of the 
alcoholic content. The levels  set are higher for imported pr oducts than for comparable 
domestic ones. Turkey had reduced the differe ntials between these levels through a cabinet 
decree of April 2009 as part of  an action plan adopted on 18 May 2009 setting clear mutually 
accepted milestones with a view to the gradual elimination of all discriminatory taxation. Other changes in the taxation of alcoholic bevera ges went in the right di rection, such as the 
abolition of ad valorem duties on wine, which aligns the Turkish legi slation with the EU 
acquis . However, in January and October the exci se duty rate on alc oholic beverages was 
increased by 10% and 30% respectively across the board. Contradicting the action plan, this 
increased the differentials in absolute figures between the taxation of imported compared to domestic alcoholic beverages. Turkey needs to comply with the commitments in the action plan, which is a key requirement in the negotiations under this ch apter. Turkey will need to 
introduce a duty-suspension regime for domestic  movements and tax warehouses prior to 
membership. 
There is no progress to be reported on direct taxation . The Income Tax Law is under 
revision.  
Some progress can be re ported in the field of administrative cooperation and mutual 
assistance . The revenue administration monitored th e activities to be carried out by nine 
institutions in line with the action plan for combating the informal economy. The plan covers 
the period 2008-2010. Sharing the overall assessment  of the action plan’s results with the 
public is crucial for ensuring transparency. 
Regarding  operational capacity and computerisation , some progress has been achieved. 
The revenue administration kept up its efforts to  increase voluntary compliance. The measures 
taken were aimed at simplifying procedures, enhancing enforcement as well as improving 
taxpayer services. The taxpayer call centre received three awards
34 at the 2009 Istanbul call 
centres conference. The revenue administration developed a number of IT infrastructure 
projects such as VERIA (electronic database ) and VEDOS (risk assessment system) as an 
extension of VEDOP (tax offices automation pr oject). Automation of tax rulings has been a 
significant step in increasing th e transparency and consistency of the Turkish tax legislation. 
                                                 
34 Special award of the jury, best call centr e manager, best customer representative. 
 
EN 67   EN Conclusion 
There has been some progress towa rds legislative alignment under th is chapter, particularly in 
eliminating discriminatory practices in th e taxation of tobacco, despite the remaining 
discrepancies with the acquis . Efforts to reinforce the tax administration, combat the informal 
economy and increase voluntary compliance were pur sued. However, the increases in excise 
duty on alcoholic beverages cont radicted the action plan for eliminating the differentials 
between imported and domestic pr oducts. The realignment of the Turkish tax legislation with 
the commitments taken by Turkey in the context of the opening of Chapter taxation needs to 
be ensured without delay. Abolition of discrimina tory practices in taxation is a key element 
for making further progress in the accession nego tiations on this chapter.  Hardly any progress 
can be reported on direct and indirect taxa tion. Overall preparedness in this chapter is 
moderately advanced. 
4.17. Chapter 17: Economic and monetary union 
There has been some progress on monetary policy . The Central Bank announced an exit 
strategy for its monetary policy,  which aims to gradually redu ce the excess liquidity in the 
system. As a first step, the Bank increased th e foreign currency reserv e ratio for the banking 
sector from 9% to 9.5%. Turkey’s legislative alignment with the acquis  remains partial in this 
area. The Central Bank’s statute does not fully ensure its independen ce. The government and 
the Central Bank jointly decide on the inflat ion target. The legislative framework (for 
example implementing regulations on the inve stor protection fund and on the operation of 
pension investment funds) contains provisions that are not in line with the prohibition of 
privileged access of the public sector to financial institutions. Overall the preparations in the field of monetary policy are well advanced.  
Some progress has been made on economic policy . Turkey is a member of G20, and 
coordination of economic policy in this forum has stepped up with a ll the other members, 
including with the EU. The au thorities have been very activ e in reviving their economic 
relations with several countries in the regi on, in particular through visa exemption, trade 
facilitation and cooperation agreem ents. Privatisation activities in  the energy sector gathered 
momentum, first in electricity distribution and then in genera tion. Turkey ended negotiations 
with the International Monetary Fund (IMF) fo r a new stand-by arrangement. The authorities 
have been more active in worki ng with international financial institutions (IFIs), particularly 
the European Investment Bank (EIB), the World Bank (WB), the European Bank for 
Reconstruction and Development (EBRD) and the Islamic Development Bank (IDB), while 
increasing their absorption capacity for new lo ans. Turkey’s 2010 budget aims to gradually 
reduce the budget deficit, particularly through increasing public revenues.  Technical work for 
the adoption of a fiscal rule through new legislati on to control the b udget deficit in the 
medium term has been completed but the ad option of the draft law has been postponed. 
Turkey submitted its Pre-Accession Economic Programme (PEP) to the Commission in 
January 2010. Overall, in the field of econo mic policy the country is well advanced.  
Conclusion 
Some progress has been made on economic and monetary policy. The Central Bank started to 
implement an exit strategy for its anti-crisis m onetary policy. The authorities have been very 
active in improving their economic relations within  a G20 context, with the countries in the 
region, and have increased their cooperation with various intern ational financial institutions. 
The legal framework is not fully in line with the 
acquis , with special reference to full 
 
EN 68   EN independence of the Central Bank and the prohibition of privileged access of the public sector 
to financial institutions. Overall the preparations in the field of economic and monetary union 
are well on track.  
4.18. Chapter 18: Statistics 
There has been progress in the area of statistical infrastructure . The Turkish national 
statistical institute (TurkStat) signed new cooperation protocols with the Ministry of 
Agriculture and Rural Affairs (MARA) and the Ministry of Edu cation. Cooperation among 
the main owners of administrative data on en terprises has greatly improved. These activities 
further reinforced the coordinating role and im proved the administrative capacity of TurkStat. 
Preparations in this area are well advanced. 
Progress can be reported on classifications and registers . TurkStat further improved the 
business register. TurkStat and MARA started to work on establishing a statistical farm 
register and initiated a pilot study to that end. Turkey still needs to submit a detailed 
description of preparations for setting up the farm register and the methodology and 
organisational set-up for the collection of agricultu re statistics which is a key element for the 
accession negotiations in this chapter. Prep arations in this area are advanced. 
Good progress has been made on sector statistics . Preparations for the 2011 population and 
housing census are on track. As for national acc ounts, progress has been made on excessive 
deficit procedure statistics, outwa rd foreign affiliates  trade statistics and financial accounts for 
the government sector. Gross value added  for the regions equivalent to NUTS level 2 was 
published for the years 2004 to 2006. TurkStat started publishing key la bour force indicators 
at the provincial level, as we ll as seasonally adjusted figures . The results of the 2008 labour 
cost survey were published. Struct ural business statistics as well as short-term statistics were 
further improved. Regarding agriculture statistics,  TurkStat started collecting monthly animal 
production data. Progress was made on environment statistics. Preparations  in this area are 
advanced. 
Turkey has not yet submitted key national account  indicators together with the methodology 
used, which is a key element for the accession negotiations in this chapter. 
Conclusion 
There has been good progress in the area of statistics. TurkStat further improved the 
coordination of the statistical system. Good pr ogress has been made on the business register 
and on sector statistics. Further alignment is n eeded in particular in national accounts and in 
agriculture statistics, not least in the establishment of the statistical farm register. Turkey’s overall level of alignment with the acquis  in statistics is advanced. 
4.19. Chapter 19: Social policy and employment 
There has been no progress rega rding transposition of the acquis  on labour law . The Labour 
Law does not apply to certain sectors of the economy. The decision to set up a new 
department for disadvantaged gr oups in the Ministry of Labour  and Social Security is a 
 
EN 69   EN positive step. The labour inspection board35 remain to be strengthened in particular as regards 
staffing and cooperation with  the social partners.  
Little progress has been made in the area of health and safety at work . Administrative 
capacity as well as the awaren ess level have increased, with  the contribution of EU-funded 
actions. According to official statistics c overing only registered wo rkers, 72,963 occupational 
accidents occurred in 2008, slightly less than in 2007. The numbers would be much higher if 
the informal sector were included. There has be en no progress regarding transposition of the 
Framework Directive on health and safety at  work. This is a major shortcoming for the 
implementation of legislation already transposed . The capacity of the labour inspection board, 
which is a priority in this area, continued to be strengthened through re cruitment and training 
of additional staff. However, the number of labour inspectors remains very low compared to the size of the economy and the labour market
36. Dramatic fatal occupational accidents in the 
mining and quarrying sectors have raised concerns  over enforcement of legislation as well as 
the inspections carried out by public authorities37. Fatal ‘silicosis’ diseases caused by poor 
working conditions in jeans sandblasti ng workshops continued to occur.  
There has been some progress in the area of social dialogue, in particular in the public sector. 
Amendments were made to the Constitution gr anting the right to collective bargaining and 
collective agreements to civil servants and other public employees and making disciplinary 
decisions against civil servants subject to ju dicial review. Amendmen ts also included lifting 
the ban on certain strikes38, removing the ban on membership of  more than one trade union at 
the same time and in the same branch of activity, and repealing th e restriction to one 
collective agreement at the same workplace for the same time. Furthermore, with the 
constitutional amendments, the Economic and Social Council has become a constitutional 
body, to be consulted by the government for polic y making in the economic and social fields. 
Furthermore, the Prime Minister’s Office issued a circular aiming to improve the situation of 
civil servants, including facil itating the exercise of trade union rights in the public sector. 
However, the legal framework to which the Constitu tion refers in view of regulating the rights 
to negotiate, to organise collective actions for workers, employees and civil servants remains 
restrictive and needs to be brought into line w ith EU standards and IL O Conventions. An ILO 
high-level bipartite mission to Turkey co nsisting of the employers’ and workers’ 
spokespersons from the Committee on the appli cation of standards was unable to note any 
measurable progress towards the adoption of relevant legislation.  The government has 
attempted to address some key issues such as ensuring the right to free dom of association and 
collective bargaining at workplace level in a ne w draft law on trade union rights in the private 
sector, which failed to receive the support of the social partners. The number of workers 
covered by collective labour agreements remains very low39. The work of the main social 
dialogue mechanisms (Tripartite Consultative Board, Economic and Social Council) and the 
capacity of social partners needs further strengthening. (See Political criteria — Labour rights 
                                                 
35 The number of labour insp ectors dealing with labour relations increased to 321.  
36 The number of labour inspectors dealing with H ealth and safety issues is 314. The total number of 
labour inspectors is 635, i.e; 7% more than last year. However, in the same period, the number of people in employment increased by 1.5 million. 
37 Big fatal accidents occurred in Bursa, Mustafakemalpa şa (19 deaths in December 2009), Bal ıkesir, 
Odaköy (17 deaths in February 2010), Zonguldak, Karadon (30 deaths in May 2010), Edirne and Ke şan 
(3 deaths in July 2010).  
38 Politically motivated strikes and lockouts, solidarity strikes and lockouts, general strikes and lockouts, 
occupation of work premises, labour go-slows, reduced productivity and other forms of resistance. 
39 The collective agreements concluded in 2008 and 2009 cover a total of 767,582 workers. The total 
number of people in employment is around 23,5 million. 
 
EN 70   EN and trade unions). The constitutional amendment package di d not introduce the right to strike 
for civil servants.  
There has been some progress on employment policy . Turkey is preparing its national 
employment strategy. Job creati on incentives announced in the mi dst of the financial crisis 
were prolonged. There is a de creasing trend in unemployment compared to 2009. The Turkish 
Employment Agency (ISKUR) kept up its efforts to register unemployed and deliver services 
to them. The active labour market meas ures have been significantly extended40. However, the 
coverage rate of unemployment benefit is t oo low. Only 6% of the unemployed received 
benefits from the fund in March 2010. The overall  administrative capacity of Turkey’s public 
employment service remains weak. Labour for ce participation and em ployment rates are 
low41. The south-east region has the lowest participation rates42. The youth unemployment 
remains high but has shown a decreasi ng trend in the first 2 quarters of 201043. The 
percentage of undeclared workers has followed a downward trend after reaching a peak in 
June 2009. However, 44.8% of the people in employment are not registered with the social 
security system and hence are de prived of the protection of la bour law and pension rights. The 
work to combat against undeclared work intensified, especia lly through increased 
coordination and cooperation between the SSI and the other public and private institutions. 
336,838 undeclared workers were identified with th is means. However the inspection capacity 
remains insufficient compared to the wide scope  of the informal economy. There has been no 
progress regarding finalisation of the joint as sessment paper (JAP) on employment priority 
policies. 
There has been some progress in preparations for the European Social Fund (ESF) . The 
operating structure established und er the Ministry of Labour a nd Social Security, which is 
responsible for the management of the human  resources development operational programme 
(HRD OP) under IPA component IV, has continued to increase capacity. After all the formal 
requirements had been met, implementation of th e HRD OP started with the launch of the first 
award procedures and signature of the first contr acts. However, major delays have occurred in 
the evaluation process and signing of the firs t contracts which took place only in May 2010. 
Implementation of operations curre ntly launched needs to be speed ed up to prevent the risk of 
substantial loss of funds. Monitoring and eval uation of programmes needs strengthening.  
There has been little progress in the field of  social inclusion . An amendment to the 
Constitution paves the way for positive discrimina tion for children, the elderly and disabled 
people. Turkey has no comprehensive policy fr amework to address poverty. The percentage 
of the population at risk of poverty rema ins high, and children continue to face a 
disproportionate risk of pove rty. Poverty among the worki ng population remains a concern, 
especially among seasonal workers, those in subs istence agriculture and undeclared workers.  
                                                 
40 The number of beneficiaries increased from 30,000 in 2008 to 200,000 in 2009.  
41 The figures are 50% and 44,7% in June 2010, showing an improvement compared to last year but still 
very low compared to EU average.. 
42 According to TurkStat 2008 figures, pa rticipation rates are 26.9% for Diyarbak ır, 27.2% for Siirt and 
29.8% for Şırnak. However, in 2009 the hi ghest increase in employment rate was registered in the 
south-east.  
43 Youth unemployment rate decreased to 19.1% in June 2010 compared to 23.7% in the same period of 
2009.  
 
EN 71   EN An action plan has been adopted by the Economic Coordination Committee, aiming to 
establish links between social services and public employment services44. The government 
has lifted budget-related staff lim itations on employment of persons  with disabilities in public 
institutions45. However, national Turkish institutions  promoting social inclusion remain 
dispersed and weak. Further efforts are needed to increase the employability of persons with 
disabilities in both the public and private se ctor. No progress has been made towards 
finalisation of the Memorandum on social protection and social  inclusion (JIM). 
There has been little pr ogress in the field of social protection . A circular was issued by the 
Prime Minister’s Office addressing the conditions of seasonal migrant agricultural workers 
with regard, among other things, to housing, acce ss to education, health and social security. A 
free helpline number (144) regarding social  assistance services has been launched. The 
percentage of people covered by the social securi ty system remained at 80%. The draft law on 
social assistance and payments without premiums is still pending. Turkey reports a large deficit in the pension system, wh ich has widened considerably in the wake of the crisis. More 
efforts are needed to extend the coverage of th e pension system to undeclared workers and to 
encourage those covered to work longer in th e formal sector, Access to primary health 
services and extension of the general health insurance scheme have improved. Staff shortages 
remain an acute challenge for the healthcare system.  
There has been no progress to wards transposition of the acquis  in the field of anti-
discrimination . The Labour Law is not applicable to the period prior to conclusion of a 
labour contract. There is no de finition in Turkish legislati on of direct and indirect 
discrimination. The acquis  covering discrimination on grounds of racial or ethnic origin, 
religion or belief, disability, age and sexual orientation is  not transposed.  
Some progress can be reported in the field of equal opportunities . The constitutional 
amendment stipulates that measures taken to  achieve substantive e quality between men and 
women cannot be deemed contrary to the princi ple of equality. A circular was issued by the 
Prime Minister’s Office to mainstream gende r issues into implementation of, among other 
things, employment-related legislation and policies, workplace inspections, strategic plans and in-service training. The parliamentary Co mmission on equal opportunities for men and 
women continued its work by preparing report s and holding consulta tions with relevant 
parties. Women’s employment and labour force participation rates
46 remain lower than all the 
EU Member States and the lowest among OE CD countries. Women are disproportionally 
affected by informal work conditions and u npaid work in agriculture. The provision of 
affordable child care is insufficient. The ge nder pay gap persists. Le gislation and policies 
aiming to harmonise work and family life are yet to be adopted. Efforts to implement the 
national action plan for 2008-2013 on gender equali ty lack sufficient human and financial 
resources (see Political criteria — Economic and social rights) . 
Conclusion 
                                                 
44 Based on this action plan, social assistance recipients, who are of working age and able to work, will be 
registered in the public employment agency databa se and encouraged to receive relevant employment 
services. 
45 In January 2010, out of 48,943 public sector posts allocated by law to people with disabilities 
(accounting for 3% of all public sector posts), only  14,325 could be filled due to budgetary limitations. 
Now that an exemption has been granted, lifting budget-related restrictions on the employment of 
people with disabilities, the recruitment pr ocess for the remaining posts has started. 
46 22.3% and 26% respectively. 
 
EN 72   EN Overall, Turkey made some progress in the field of social policy and employment. The 
constitutional amendment package brings sign ificant improvements in the area of social 
dialogue in the public sector and paves the way for posi tive discrimination towards women, 
children, elderly and disabled people. However, Turkey’s alignment in the field of social 
policy and employment remains limited. A compre hensive reform of trade union legislation 
aimed at achieving full trade uni on rights in line with EU sta ndards and ILO conventions is 
still pending. The constitutional amendment package did not introduce the right to strike for civil servants. The Turkish labou r market continues to featur e large-scale undeclared work 
and low female employment rates. The limited sc ope of the labour law a nd enforcement of the 
health and safety legislation are areas of c oncern. A general policy framework to combat 
poverty remains to be established. The administ rative capacity for effective implementation of 
the acquis  in the field of social policy and em ployment needs to be strengthened. 
4.20. Chapter 20: Enterprise and industrial policy 
Turkey made further progress with regard to enterprise  and industrial policy principles . 
Turkey finalised a revised draft industrial strategy document and action plan covering the 
period 2010-2013, which now is awaiting adoption.  
The Coordination Council for improvement of th e investment environment (YOIKK) adopted 
an action plan for 2010. Efforts are continuing  to systematically monitor and evaluate 
strategies and action plans that have been adop ted, through e.g. the quarter ly reports issued on 
the YOIKK action plans and the assessment of the SME strategy and action plan. A medium-
term economic programme was announced for 2010-2012 covering areas related to industrial 
policy. . A new evaluation board for the export- oriented production strategy was established 
on 12 March 2010, bringing together the ministri es, related public organisations and the 
private sector. Turkey has joined the Small Business Act implementation process together 
with the Western Balkan countries. 
Some progress was made with respect to enterprise and industrial policy instruments . New 
loan programmes including a credit guarante e scheme were extended by the Small and 
Medium-sized Industry Developm ent Organisation (KOSGEB) fo llowing the adoption of new 
pieces of legislation on the management of KO SGEB funds, in partic ular on sectoral and 
regional priorities.
 KOSGEB signed a protocol with the De velopment Agencies and the State 
Planning Organisation in order to establish joint support programmes for SMEs. Business 
incubation centres were establishe d in five regions. Most of th e activities scheduled under the 
SME action plan have been completed. R&D spe nding continued to increase while the share 
of the private sector greatly surpassed that of the public sector. The participation of Turkey in 
the EU Entrepreneurship and Innovation programm e, and in particular in the Enterprise 
Europe Network, is a positive development. No progress can be noted towards completing alignment with EU Directive 2000/35 on combating late payments in commercial transactions.  
Some progress has been made in sector policies . The Ministry of Industry and Trade prepared 
a strategy and action plan on tr adesmen and craftsmen including measures such as improving 
access to finance, support for clustering, entrepreneurship, innovation and university 
cooperation. Roadmaps were pr epared for the chemicals, iron and steel and automotive 
sectors. No further developments can be repor ted in the national rest ructuring programme for 
the Turkish steel industry following the revision made last year. Formal verification of the 
steel industry restructuring programme by the stat e aid monitoring authority is called for once 
that authority is established.  
 
EN 73   EN Conclusion 
Turkey has made further progress in this chapte r, in terms of finalisation of the industrial 
strategy and action plan coveri ng the period 2010-2013, wider availa bility of enterprise and 
industrial policy instruments and adoption of sectoral strategi es and roadmaps. Some limited 
improvements can be reported in the business envi ronment and in terms of continued 
monitoring and evaluation efforts. Overall, Turk ey maintains a sufficient level of alignment 
with the acquis  in the field of enterpri se and indust rial policy. 
4.21. Chapter 21: Trans-European networks 
Good progress was made in the area of transport networks . The Ministry of Transport 
finalised the technical document on the future Trans-European Transport Network (TEN-T) in 
Turkey and the priority projec ts of European interest on the TEN-T Network. The technical 
document constitutes a sound basis for further nego tiations, as confirmed by sites visit. In the 
meantime, Turkey has effectively utilised pr e-accession assistance to continue technical 
preparations for transport infrastructure proj ects on the core transport network. However, a 
master plan for long-term investme nt has not yet been prepared.  
Some progress can be noted in the area of energy networks . The ratification procedure of the 
intergovernmental agreement on the Nabucco gas pipeline was completed in August 2010. As 
the next step, project support agreements can now be concl uded between the governments. 
Nabucco is an important strategic step towa rds closer energy coope ration between the EU, 
Turkey and other countries in the region and remains one of the highest energy security 
priorities of the EU. 
Preparations continue to bring into operati on the Turkey-Greece-Italy Interconnector (ITGI) 
natural gas pipeline.  
As regards electricity networks, after completion of all necessary studies and tests, trial 
synchronous operation with ENTSO-E (European Network of Transmission System Operators 
for Electricity) began on 18 September 2010. The interconnection with Iran, a 400 kV link 
that was operating at 154 kV, has been upgrad ed to 220 kV. Studies to upgrade the Georgia 
link have also started. 
No progress can be repo rted in the area of telecommunications networks . 
Conclusion 
Turkey has made progress in the area of Tran s-European networks. In particular, it has 
facilitated technical discussions  under the future Trans-European Network for Transport and 
reached an advanced stage in negotiations. So me progress can also be reported on energy 
networks. 
4.22. Chapter 22: Regional policy and coordi nation of structural instruments 
Some progress was made with regard to the legislative framework . During the previous 
reporting period the Prime Minister’s Office issued  a circular on the official appointment of 
institutions under IPA, which has been comple ted in the current period with the including 
formal appointment of the strategic coordinator under comp onents III and IV 
 
EN 74   EN Progress was made with the institutional framework . The technical committee established 
by the State Planning Organisation (SPO), as the IPA strategic c oordinator, meet s quarterly to 
support the smooth implementation of all four  operational programmes (on transport, the 
environment, regional competitiveness and human resources development). The SPO is working on the establishment of a regional development committee which will coordinate 
regional development policies among central instit utions and between the local authorities. 
Progress was made as regards administrative capacity .  
Training and technical assistan ce to strengthen central institutions involved in IPA 
implementation has continued and the setting-up of management and control systems has further advanced. Concerns remain about the ca pacity of the institutio ns to effectively and 
efficiently manage IPA funds. Use of funds is marked by delays in contracting and there is a 
serious risk that not all funds a llocated can be absorbed and that the impact and re sults are less 
than anticipated. High staff turnover in the DIS institutions, lack of coordination among 
institutions and delays in the pr eparations of the operating structur es in line ministries to take 
over duties of contracting and payments from the central finance and contracts unit (CFCU) 
have aggravated these concerns. The capacity of the CFCU needs to be urgently  adjusted to 
the new timetable to ensure the full and sound use of EU funds allocated. To address these 
risks, supervision by the NAO needs to be strengthened, urgent m easures have to be taken and 
capacity needs to be brought ra pidly into line with the amount of funds under implementation. 
Administrative capacity at regional level re mains weak. The regional development committee 
(RDC), which aims to coordinate regional development policies among central institutions and between the local level and the centre is en visaged as a main element of Turkey’s new 
regional policy and is scheduled to be estab lished in 2010, but no concre te developments can 
be reported yet. 
Some progress was made with regard to programming and programme implementation. 
Improvements have been made in building up proj ect pipelines for IPA, particularly in the 
environment, regional competitiveness and em ployment operational programmes. This should 
improve absorption of funds in the medium term. In some minor revisions of the OPs 
budgetary and timing aspects as  well as geographical targe ting were fine-tuned. As 
implementation is at an early stage more comprehensive conclusions on the impact and results can only be drawn later on. 
In the area of monitoring and evaluation , some progress was made. Working groups 
between the IPA operating structures and the st ate planning organisation have been active, 
and progress was made in setting up the integr ated management information system (MIS). 
Sectoral monitoring committees for all IPA components continued to meet on schedule. 
In the area of financial management and control , some progress was made. However, 
capacity building and preparations for confer ral of management w ithin the operating 
structures are lagging behind and the timetable for enabling these structures to take over 
financial management and control responsibilitie s from the CFCU could not be adhered to, so 
that the takeover had to be postponed until  2011 in the case of Transport and Human 
Resources Development and until 2012 in the case of Regional Competitiveness . As a result, 
the co-operation agreements with the CFCU need  to be extended beyond the current deadline 
of 31 December 2010. 
Conclusion 
 
EN 75   EN Progress, albeit uneven, was made in this area. In particular, the legislative and institutional 
framework for implementation of IPA components III and IV has been finalised, involvement 
of local and regional stakeholde rs in preparing the project pi peline has been improved and the 
DAs are well on the way to becoming fully operational. In order to prepare effectively for the use of structural instrume nts (Structural Funds and Cohesion Fund) upon accession, 
administrative capacity of central, regional and local institutions should be reinforced. Moreover, pre-accession funds have to be used  more effectively and the absorption capacity 
of key institutions, namely the CFCU and Operat ing Structures in line Ministries needs to 
increase in order to demonstrate readine ss to absorb larger amounts of EU funds.  
4.23. Chapter 23: Judiciary a nd fundamental rights 
There has been progress on the judiciary  (see also under political criteria – part I of the 
report) . 
As regards independence of the judiciary, the permanent me mbership of the High Council of 
Judges and Prosecutors increased from seven to twenty two: in addition to representatives of 
the Court of Cassation and the C ouncil of State, the new member ship includes representatives 
of first instance judges, the Justi ce Academy, law faculties and lawyers. 
The constitutional amendments provide that decisions of the High Council dismissing 
members of the judiciary from the profession are open to j udicial review. A Secretariat 
General is established under the High Council, providing it with profes sional and secretarial 
support; the High Council appoints judges a nd prosecutors to this Secretariat. 
Judicial inspectors, who are responsible fo r evaluating the performance of judges and 
prosecutors, report to the High Council and no longer to the Mi nistry. These reforms meet 
priorities of the Accession Partnership and the Pr ogress Reports. However, the Minister is still 
the president of the High Council; albeit with reduced competence (the Minister cannot join 
the meetings of any of the three chambers of the Council
 ). In addition, the investigative 
authority of the High Council is subjected to th e approval of the Minister of Justice in his 
capacity as presiden t of the Council. 
The Semdinli case is still pending ( see the section on civilian o versight of security forces ). 
The dismissal of the civilian pr osecutor previously in charge of the case, together with the 
handling of the case to date, raised questi ons about the independence of the High Council47. 
With regard to impartiality , constitutional provisions allowing military courts to try civilians 
have been taken out of the Constitution and new provisions prohibit such trials explicitly. Cases related to offences against the security  of the state, const itutional order and the 
functioning of this order are to be tried in ci vilian courts. This followed the annulment by the 
Constitutional Court, in January 2010, of provisions of the Criminal Procedure Code allowing civilian courts to try members of the military in cases of organized crimes and crimes against the State on the basis that these were in conf lict with the then constitutional provisions. 
                                                
 
47 The civilian prosecutor in this case published the indictment in 2006. It included accusations against 
high-ranking military commanders. The general Staff criticised the indictment and urged those bearing 
constitutional responsibility to take action. The High Council of Judges and prosecutors took the 
dismissal decision in April 2006. 
 
EN 76   EN The Constitutional Court, further to the adop tion of the constituti onal amendments, is 
composed of seventeen members nominated by both the President of the Republic and 
Parliament, while no substitute membership is fo reseen. However, two of the judges continue 
to be military judges. As constitutional jurispr udence in a democratic system is a civilian 
matter, the presence of military judges is questionable.  In addition, military judges might 
return to the military justice system when thei r term in the Constitutional Court expires, which 
could raise questions about their impart iality as Constitutional Court judges. 
Senior members of the judiciary and of the military made statements that could put the 
impartiality of the judiciary at  risk in important cases.  
With regard to the efficiency  of the judiciary, the use of information technology in the judicial 
system has accelerated judicial  procedures and facilitated third party access to judicial 
proceedings. The number of judici al staff continued to increase . On 20 September there were 
a total of 11,394 judges and prosecutors ( 11,121 judges and prosecutors on 1 May 2009). 
Progress has been made as regards juvenile justice  (see the section on children's rights ). 
However, the overall number of vacancies for judges and prosecutors remains significant, i.e. 
3,299 on 20 September 2010 (3,875 on 1 May 2009). The regional co urts of appeal are not 
operational yet. By law, they should have been in operation by June 2007. 
The quality of the investigati on in some high profile cases c ontinued to raise concerns. No 
progress can be reported as regards the need to improve the work of the police and the gendarmerie but, also, the work ing relationship between the pol ice and the gendarmerie, on 
the one hand, and the judiciary, on the other. 
There has been no progress on the introduction of  a mediation system into civil justice. 
Reconciliation, introduced into th e criminal justice system in  2005, is not used effectively. 
Provision of legal aid is inadequate  in terms of either its coverage or the quality of services 
provided. The implementation of pre-trial detenti on is not limited to circumstances where it is 
strictly necessary in the public interest. This adds to the overcrowding in prisons, where more than half of the inmates await trial. The probation system is not used to its full extent by judges.  
There are concerns as regards the functioning of the Forensic Medicine Institute. On a number 
of cases the Institute gave conflicting reports on the same case at different times. The backlog of the Institute leads to dela ys in judicial proceedings.  
As regards the professionalism and competence  of the judiciary, a Council of State judgement 
of 2009 pointed out to the overlapping competences , as regards the provision of in-service 
training, of the Training Department of the Mi nistry of Justice and of the Turkish Justice 
Academy. Pre-service and in-service training fall both under the responsibi lity of the Justice 
Academy. 
The implementation of the 2009 judicial reform strategy  has continued. Some of the major 
pillars of the strategy were implemente d through the constitutional amendments.  
Some progress can be reported on anti-corruption  (see also under political criteria – part I 
of the report) . 
 
EN 77   EN The Government adopted a 2010-2014 strategy for enhancing transparency and strengthening 
the fight against corruption in February 2010. A ministerial committee48 was established in 
December 2009 together with an executive boar d composed of representatives of public 
institutions, labour unions and of the Turkis h Union of Chambers and Stock Exchanges 
(TOBB) to form further anti-corruption st rategies and to direct and monitor their 
implementation. The Strategy aims at developing  preventive and repressi ve measures against 
corruption as well as improving public gove rnance by introducing more transparency, 
accountability and reliability in to the public administration. 
An action plan, with timetables for the adopt ion and implementation of each measure, was 
approved by the ministerial committee in April 2010. Effective implementation could 
contribute to changing behaviour of public administration, so th at it promotes and protects 
integrity and reduces opportuni ties for corrupt practices. Howe ver, participation by civil 
society and its role on the executive board and in implementation of the strategy need to be 
strengthened.  
By June 2010, Turkey had implemented 15 of the 21 recommendations in the 2005 evaluation 
reports by the Group of States  against Corruption (GRECO).  The GRECO report suggests 
further efforts, in particular to broaden th e representation of the anti-corruption oversight 
body, to enhance the independence of the judiciar y and, to reform the system of immunities 
and to finally establish the Ombudsman ins titution. The constitutional amendments provide 
the basis for progress on enhancing the inde pendence of the judiciary and an Ombudsman 
institution. 
In December 2009, the Prime Minist erial Inspection Board was a ppointed as the counterpart 
of the European Anti-Fraud Office (OLAF) and was given the task of Anti-Fraud 
Coordination Structure (AFCOS) responsible for i nvestigation of irregula rities in the context 
of financial cooperation be tween the EU and Turkey. (See Chapter 32 – Financial control)  
In February 2010, the Constitutional Court annu lled provisions of the law on the Council of 
Ethics regarding the publication of names of ci vil servants who violate ethics code, on the 
grounds that publicizing these names without  judicial decision would jeopardize the 
presumption of innocence. Ethics training c ontinued; approximately  7,000 civil servants 
working for central and local governments have been trained between October 2009 and September 2010. In September, the Government a dopted a regulation on the code of ethics 
with which investigators and auditors shoul d comply while doing their jobs. However, no 
progress has been made on extending ethics ru les to academics, military personnel and the 
judiciary. 
No progress has been made on limiting the imm unity of Members of Parliament concerning 
corruption-related offenses.  
Further measures are needed to complete the existing legislation and ensure its effective 
implementation to increase transparency on th e financing of political  parties and election 
campaigns. More resources are al so required in order to better detect illegal practice, in 
                                                
 
48 The ministerial committee consists of the Deputy Prime Minister and four ministers (Ministry of 
Justice, Ministry of Interior, Ministry of Finance, Ministry of Labour and Social Security).  
 
EN 78   EN particular to extend the current monitoring m echanism to election campaign funding of parties 
and candidates. 
For the first time a mayor of a metropolitan mu nicipality was suspended from mayoral duties 
on March 2010 by the Ministry of Interior b ecause of serious corruption allegations. 
Administrative and Judicial i nvestigations are continuing.  
The investigation begun in 2009 into the charity association Deniz Feneri concerning a fraud 
case in Germany is continuing. The police made searches on the premises of the association and at the homes of the suspects. However, no indictment has been submitted to court yet. 
The draft law on the Turkish Cour t of Auditors, which envisage s strengthening of the Court 
and expanding its mandate, was adopted by the Pl an and Budget Committee of the Parliament 
in May and is currently on the agenda of the plenary. 
Turkey needs to develop a trac k record of investigations, indictments and convictions.  
As regards fundamental rights , there has been some progress ( see also under political 
criteria and chapter 19 So cial policy and employment ). 
There have been developments on the institutions monitoring and promoting human rights. 
The draft law on the establishment of the Turk ish Independent Human Rights Institution was 
submitted to parliament in February 2010. Opinions from NGOs were discussed by the 
relevant parliamentary sub-committee. The draft law before parliament needs to be amended 
to bring it into line with the UN framework, in particular as regards the independence and 
functional autonomy of this new institution. It is  important to conduct this process in close 
consultation with NGOs. 
As regards prohibition of  torture and inhumane or degrading treatment  or punishment, the 
positive trend on prevention of torture and ill-treatment continued. Some high-profile cases of human rights violations have resu lted in convictions. However, disproportionate use of force 
by law enforcement authorities continued and is of concern. 
With regard to respect for private and family  life, the constitutional amendments introduced 
the protection of personal data and the right to access to information as constitutional rights. 
In the area of freedom of thought , conscience and religion, free dom of worship continues to 
be generally respected. The implementation of the Law on foundations continued amidst 
administrative delays (see the chapter on Propert y rights). The dialogue with the Alevis and 
with the non-Muslim religious communities c ontinued but has not yet produced results. 
Members of minority religions continue to be subject to threats by extremists. A legal framework in line with the ECHR has yet to be established, so that all non-Muslim religious 
communities and the Alevi community can functi on without undue constraints, including the 
training of clergy. 
Regarding freedom of expression, including free dom and pluralism of the media, there was 
limited progress while open and free debate has continued and expanded. However, Turkish law does not sufficiently guarantee freedom of expression in line with the ECHR and the 
ECtHR case law. The high number of cases initi ated against journalists and the frequent 
 
EN 79   EN website bans are a cause for concern. Undue political pressures on the media and legal 
uncertainties affect the exercise of  freedom of the press in practice. 
As regards freedom of assembly and freedom of association, including the right to form 
political parties and the right to establish trad e unions, the legal framework on associations is 
broadly in line with EU standards. However,  there are still cases where associations are 
subject to disproportionate controls of their ac tivities and to judicial proceedings. There is no 
progress on amendment of the legal provisions on the closure of political parties. Launching of cases against LGBTT associations by admini strative authorities, based on morality, limits 
the full exercise of freedom of associat ion. The Constitutional amendments broaden trade 
union rights . However, there are restrictive provisi ons in the current legal framework, which 
are not in line with EU sta ndards and ILO Conventions (see Chapter 19 – social policy and 
employment ). 
As regards treatment of socially vulnerable and disabled persons and the principle of non-
discrimination, an amendment to the Constitu tion paves the way for positive discrimination 
for disabled. Access to educati on, health, social and public services  for persons with 
disabilities still remain critical issues, despit e existence of legislation in this field. The 
Government prepared a draft proposal establis hing an anti-discrimination and equality board. 
Provisions of the Turkish Criminal Code on ‘public exhibitionism’ and ‘offences against 
public morality’ are sometimes used to discriminate against LGBTT people. The Law on Misdemeanours is often used to impose fines against transg ender persons.  
With regard to the right to  education, pre-school educati on enrolment rate  for children 
between 4 and 5 years of age increased to 39% in 2009-2010from 33% in 2008-2009. The primary school enrolment rates (grades 1-8) rose  for both boys and girls, virtually closing the 
gender gap at national level in  primary education. The Minist ry of National Education has 
developed an early-warning system for child ren at risk of dropping out. In secondary 
education (grades 9-12), the net enrolment rate rose to 65% in 2009-2010 from 59% in 2008-
2009.However, close to 200,000 children – especially  girls in some Eastern and South-eastern 
provinces – are still out of sc hool. As regards secondary educa tion, there are large geographic 
variations. There is also a significant ge nder gap, net enrolment rates being 67.55% among 
boys and 62.21% among girls. 
On the right to property, the Law on foundations  has been implemented, albeit with some 
delays and procedural problems. The Foundations Council acknowledged these problems and tried to speed up procedures. However, this law does not address the issues of properties 
seized and sold to third part ies or of properties of foundations merged before the new 
legislation was adopted. Syriacs co ntinue to face difficulties in  relation to pr operty. A number 
of court cases are in progre ss. In particular, the Mor Ga briel Syriac Orthodox monastery 
continues to face problems with land ownership. Turkey needs to ensure full respect of the 
property rights of all non-Muslim religious communities. 
With regard to gender equality  and women's rights, the legal framework is broadly in place 
(see chapter 19 Social policy and employment ). This framework has been strengthened 
through the constitutional amendment permitting the adoption of positive discrimination measures for women. However, sustained furt her efforts are needed to turn this legal 
framework into political, social and economic  reality. Honour killings, early and forced 
marriages and domestic violence against women remain serious problems. Legislation needs 
to be implemented consistently  across the country. Further tr aining and awareness-raising on 
women’s rights and gender equality are needed. 
 
EN 80   EN As regards the rights of the child, there ha s been progress with the legal framework on 
children’s rights, juvenile jus tice and the gender gap in pr imary education. Nevertheless, 
efforts need to be further strengthened in all areas, including educati on, child labour, health, 
juvenile justice, administra tive capacity and coordination. 
With regard to liberty and secur ity and the right to a fair trial, there was some improvement as 
regards access to justice in rural areas. However, access to free legal aid was limited especially in the South-east. Pr ovision of legal aid did was inadequate in terms of either its 
coverage or the quality of services provided and there was no effective monitoring mechanism 
that would ensure that problems are addresse d. A law of July 2010 amending the Anti-Terror 
Law and other laws provides that children accuse d of committing terror-rel ated crimes will be 
tried at juvenile courts. This applies even wh en such offences are committed together with 
adults. In addition, children sentenced for pr opaganda for a terrorist organisation or for 
resistance to security officers for their partic ipation in meetings or demonstrations, will no 
longer be sentenced also for membership of a terrorist organisation. In general, the law 
provides for the non-application on juveniles of a number of  aggravating circumstances 
included in the Anti-Terror Law. This is expect ed to reduce in practice significantly the prison 
sentences imposed on children par ticipating in meetings or de monstrations. Finally, the law 
foresees that juvenile courts  can decide to postpone the announcement of a judgement, to 
convert a prison sentence to alte rnative sanctions, or to suspen d the sentence for terror-related 
crimes. 
As regards minority rights and cultural rights , Turkey has made progress on cultural rights, 
especially by further relaxing use of the Kurdis h language in private TV  and radio broadcasts 
and in prisons. The 24-hour Arabic-language TV broadcasts started in 2010 in addition to the 
Kurdish-language TV channel which started the previous year. However, restrictions remain, 
particularly on use of languages other than Tu rkish in political life, education and contacts 
with public services. The legislation on use of languages other than Turkish is open to 
restrictive interpretations and implementation is inconsistent. There has been some progress in 
the situation of the Roma, as their issues  have become more publicly debated, and 
implementation is underway. However, Roma stil l frequently face discriminatory treatment. 
Turkey's approach on minorities remains restrictive. Full respect for and protection of language, culture and fundamental rights, in accord ance with European standards, have yet to 
be fully achieved. Turkey needs to make furt her efforts to enhance tolerance or promote 
inclusiveness vis-à-vis minorities. 
Overall , there has been progress in the area of the judiciary . The adoption of the constitutional 
amendments on the structure of the High Counc il of Judges and Prosecutors along with the 
limitation of the competence of military courts is a positive step. Attention needs to be paid on 
the establishment of an effective dialogue with a ll stakeholders and the ci vil society at large, 
and on the implementation of these reforms in line with European standards. With respect to anti-corruption , progress was made as regards the de velopment of a comprehensive anti-
corruption strategy and an action plan as we ll as a body to oversee and monitor their 
implementation. However, effective implementati on of the Strategy is necessary to mitigate 
corruption which remains prevalent in many areas. Turkey needs to develop a track record of 
investigation, indictments and convictions. With regard to fundamental rights , progress has 
been made. Constitutional amendments bring impor tant changes in the area of data protection, 
trade union rights, women and children's righ ts. However, further significant efforts are 
needed in most areas, in  particular freedom of expression  and freedom of religion. Turkey's 
approach to minority rights remains restrictive. 
 
EN 81   EN 4.24. Chapter 24: Justice, freedom and security 
Some progress has been made with regard to migration . An amendment to Article 79 of the 
Turkish Penal Code on smuggling of migrants in creasing the sentences for those involved in 
migrant smuggling, was adopted in July 2010. In  March 2010, a circular was issued by the 
Ministry of the Interior on combating irregul ar migration. According to the circular, an 
irregular migrant for whom the legal procedures have been completed will be placed in a removal centre or alternative premises previous ly indicated by the gover norate. The circular 
also lays down the ‘principles concerning the physical conditions in removal centres and the 
practices adopted in these centres’, stating that removal centres need to be regularly inspected 
by the governor, district governor  and the Turkish National Po lice (TNP); allegations of 
human rights violations in removal centres need to  be investigated; irregular migrants need to 
be given an opportunity to c ontact the UNHCR at their reques t; access to legal counsel is 
given provided that illegal migrants cover the costs themselves. 
Foreigners who are irregular migr ants and victims of trafficki ng may benefit from free health 
services since the directorate general for social solidarity and assistance in the Prime Minister’s Office issued a circular in May 2009 to the Social Solidarity and Assistance 
Foundation. Furthermore, the task force fo r asylum and migration is preparing a 
comprehensive revision of the law on foreigners , in close consultation with the IOM and the 
UNHCR.  
The full implementation of the newly establishe d circulars, and the rapid adoption of this 
legislation under preparation, is a key priority in view in particular to es tablish fair procedures 
for the detention and removal of irregular migr ants, and to enhance their reception conditions. 
This is also very important to address the j udgment issued by the European Court of Human 
Rights (ECtHR) in particular on the following two cases related to Turkey : the judgement in Abdolkhani and Karimnia v Turkey  and Z.N.S. v Turkey , where the Court found that the 
detention and deportation of  irregular migrants to their country of origin, due to the absence 
of clear provisions for ordering and extending de tention, the lack of notif ication of the reasons 
for detention and the absence of  any judicial remedy to the de cision on deten tion were in 
breach of the European Convention on Hu man Rights; and to the judgment in Charahili v 
Turkey , where the Court concluded that the applican t’s conditions of detention amounted to a 
violation of Article 3 of the European Conve ntion on Human Rights, prohibiting torture.  
Consultation of civil society, international organi sations and academia is also crucial. Turkey 
needs also to draw on the expertise in joint c ooperation projects ongoing in this field provided 
particularly by the EU. Work is  also being done in view of  enhancing the administrative 
capacities of Turkey to preven t irregular migration and deal  with its consequences. A 
coordination board for combating illegal migr ation was established in February 2010 to 
identify measures to fight irregular migrati on, strengthen inter-institutional cooperation and 
coordination and monitor operational activ ity. The board is ch aired by the Deputy 
Undersecretary of the Ministry of the Interior  and meets every two months. Members are the 
Chief of General Staff, the Land Forces, the Ministry of Foreign Affairs, the TNP, the 
Gendarmerie General Command and the Coast Guards.  
The General Directorate for Security issued a circular in September 2010 which provides that 
each illegal migrant apprehended will be accomm odated in a removal centre with the written 
permission of the Governor. The circular also introduces a standard notification that makes 
clear that all costs during the stay in a removal centre will be borne by the state. The right to 
contact a lawyer is also made clear. Additionally the notification explicitly states the right to 
appeal against the decision of deporta tion and the admini strative custody.  
 
EN 82   EN Efforts to increase the capacity to host irregular migrants in  accordance with international 
standards, pending the completion of their remo val procedures, continue: while, as of August 
2010, the current hosting capacity stands at 2,875; the co nstruction/refurbishment/equipment 
through national funds of four re moval centres (Bitlis, Van, Ayd ın and Edirne), with a 
capacity of 650 persons each, is ongoing. In add ition, the establishment through EU-financed 
projects of two additional removal centres in Ankara and Erzurum, with a capacity of 750 
persons each, is under preparation. 
Awareness raising among administrators, governors,  district governors, municipalities and the 
public at large on the rights of irregular migr ants and procedures involved in migration 
management is a key issue to be ad dressed through concrete measures. 
Substantial progress has been made toward s finalising negotiations on an EU-Turkey 
readmission agreement. Meanwhile, adequate implementation of alre ady existing bilateral 
readmission agreements remains a priority.  
As regards the implementation of the existin g readmission protocol with Greece, positive 
steps have been taken to apply its provisions more e ffectively. In May 2010, a joint 
declaration has been signed between the Turkis h Ministry of the Interior and the Greek 
Ministry for Protection of Pe ople to achieve this aim.  
Turkey has also completed the negotiations for a readmission agreement with Pakistan. 
Readmission agreements with other countries of  origin (Azerbaijan, Bangladesh, Belarus, 
Bosnia and Herzegovina, FYROM, Georgia, Lebanon, Libya, Moldova, and Uzbekistan) are 
being discussed. Discussions also with Russia took place in June 2010. 
The number of irregular migrants apprehended by the law enforcement forces declined from 
65,737 in 2008 to 34,345 in 2009 . In 2009 the irregular migration flow through the Greek and 
Bulgarian land borders dropped by 40% compared to the year 2008. The number of irregular 
border crossings at sea border between Greece and Turkey saw a decrease of 16%. In the first seven months of 2010, 15,397 irregular migrants we re reported to have been apprehended. 
1,027 smugglers were apprehended in 2009, 970 of whom are Turkish. 
In the area of asylum , some progress can be reported. With 7.834 new asylum seekers in 2009 
the number reportedly decreased in compar ison with 2008 (11.248). Out of 7.834 applicants, 
3.763 are Iraquis (48 %), 1.981 ar e Iranians (25 %), 1009 are Afghans (13 %) and 295 are 
Somalis (4 %). An amendment to the regula tion implementing the Law on work permits for 
foreigners adopted on January 2010 softened the conditions under whic h asylum seekers can 
apply for work permits. A person to whom asyl um seeker status has been granted by the 
Ministry of the Interior can apply for work permits irrespective of the validity period for 
which the residence permit has been delivered. 
In March 2010, a circular has been issued by th e Ministry of the Interior on the residence 
permit fees (‘ Ikamet ’) imposed on asylum seekers which, w ithout providing explicitly for the 
removal of such fees, sets out a procedure that may, de facto , bring about a similar effect. The 
circular also has a retroactive effect with regard to outstandi ng fees and additional fines due 
by asylum seekers prior to its entry into for ce. The efficient and uniform implementation of 
this circular is crucial to the resettlement prospects of asylum seekers who, despite the 
availability of a third country to host them, are not currently allowed to leave Turkey pending 
the satisfaction of unpaid fees and fines. 
 
EN 83   EN A new circular has been adopted in March 2010 for asylum seekers who are hosted in the 
institutions run by the directorat e general for social services and the child protection agency. 
The circular encompasses data protection, social and general health insurance as well as access to premises by UNHCR staff. The asylum seekers subject to these provisions include 
unaccompanied minors, the physically disabled and the elderly. 
In addition, the task force on asylum and migration is prepar ing a law on asylum and a law on 
the establishment of an asylum unit, in close consultation with the UNHCR.  
Progress continues to be limited by the fact that  Turkey maintains the geographical limitations 
on the 1951 Convention relating to the status of refugees and the related 1967 Protocol.  
Overall, the landmark reforms to provide Tu rkey with a modern, efficient and fair 
management system in line with core internationa l and European standards are still at an early 
stage. The finalization of a roadmap on asylum and migration is key. The Turkish institutions 
have only limited capacity and, most importa ntly, no ownership of the refugee status 
determination process for non-European asyl um seekers. Thus the UNHCR, despite not 
having formal status in Turke y, is virtually the sole author ity capable of carrying out and 
managing asylum procedures. 
It remains a key priority to ensure equal and fair access to asylum procedures, to shorten, 
albeit with the limited existing capacity, the wai ting time as well as to give would-be asylum 
seekers full access to le gal aid and UNHCR staff. 
Progress in the work towards the establishment of a country of origin and asylum case 
management systems, and to f acilitate the possibility for civil society organisations to 
cooperate with the administration in providing assi stance to refugees and migrants is also key. 
A number of civil society orga nisations working in the area of asylum and migration came 
together on 15 March 2010 and founded the ‘Turkey Refugee Rights Coordination’. 
There has been little progress on visa policy . In August 2010, Turkey revised its policy as 
regards duration of stays allowed for 90 da ys within 180 days, in line with EU acquis . 
However, Turkey does not apply a uniform policy towards all EU citizens as regards the visa 
obligation. Currently, citi zens of 12 EU Member States are re quired to hold a visa to enter 
Turkey, which can be obtained at the Turkish borders. Citizens of the other 15 Member States 
are exempted from the visa obligation for a short stay of up to 90 days.  
Turkish passports with biometri c security features were put into use on 1 June 2010. Visa 
issuing is now processed on-line among the Consul ar Offices and the Mini stry of the Interior. 
Introduction of new Turkish visa stickers with higher security features was further delayed. 
Airport transit visas remain to be introdu ced. No administrative initiative took place for 
gradually abolishing the issuance  of sticker- and stamp-type vi sas at borders. Turkey agreed 
on visa exemptions with, Libya and Jordan in December 2009, Lebanon in January 2010, Russia in May 2010 and Tanzania and. Similar ag reements with Syria in October 2009, Serbia 
in July 2010 and Cameroon, published in July 2010, exclude ordinary passport holders. Some 
of these countries are on the EU’s negative list.  
Overall, alignment with the acquis  in this area is at a very early stage. 
On external borders and Schengen , limited progress has been achieved. The task force for 
external borders meets every two months and prepares a draft roadmap for harmonising the 
border management system with EU standards as part of the efforts to implement the national 
action plan on integrated border management (IBM). A coordination board for IBM has been 
 
EN 84   EN established in May 2010 by Prime Ministeria l decree to create an official follow-up 
mechanism at decision-making level to screen progress towards achieving the target of IBM. 
The board is also tasked with developing further policie s and strategies in the area. In-service 
training on IBM was delivered to all sub-governors, despite  the delays in adopting the 
proposed legislative amendment currently pendi ng in the Parliament on expanding the tasks 
of the deputy governors acting as admini strative heads of th e border agencies. 
Inter-agency cooperation remain s a key issue to be developed pending the reform process. For 
instance, efficient and coordinated use of data bases and risk analysis at the borders are 
missing elements for integrated border manageme nt. Measures are required to deploy more 
trained staff and additional border check equipment at border crossing points to prepare for professionalised border management. Further effo rts are needed to transfer border control 
tasks to a new border security agency; the current agencies need to be strengthened at the same time as this new agency is established. The setting-up of the specialised department for 
passports within TNP in May 2010 is a step forward in that direction. 
Negotiations on a working agreement with Fron tex has continued and few outstanding issues 
need to be solved to conclude  it. Contact points have been established and joint operations 
with Member States conducted.  
Overall, further efforts are needed  as regards alignment with the acquis  in this area. 
No progress can be reported on judicial cooperation in criminal and civil matters . On the 
latter, Turkey has not yet ratified the 2007 Hague  Convention on the intern ational recovery of 
child support and other forms of family maintenance nor the 1996 Hague Convention on 
jurisdiction, applicable law, recognition, enforcement and coopera tion in respect of parental 
responsibility and measures for the protectio n of children. On legal aid, a draft law on 
compensation of crime victims is under pr eparation. During the reporting period, 2,270 
requests falling within the ambit of judicial cooperation in civil matters were received by 
Turkey and 1,809 requests from Turkey. 
As regards judicial cooperati on in criminal matters, Turkey has not yet signed the Council of 
Europe Convention on cybercrime. Turkey part icipated in the regular meetings of the 
European Judicial Network (EJN). A website for Eurojust and EJN has been created by the 
Ministry of Justice on which al l requests forwarded to contac t points are now being published. 
No steps have been taken to sign a cooperatio n agreement with Eurojust. Effective personal 
data protection regime is crucial for e fficient international judicial cooperation. 
During the reporting period a total of 159 extr aditions were requested by Turkey,. 20 
extraditions were requested by the EU Member  States, of which 3 we re accepted. Regarding 
mutual legal assistance on criminal matters , 1,986 requests were received by Turkey and 
2,190 requests from Turkey. 
Overall, alignment with the acquis  in this area is at an early stage. 
In the area of police cooperation  Turkey is a party to the ma in international conventions.  It 
signed a number of bilateral agreements on police cooperation (Iraq – October 2009, Ukraine 
– December 2009, and Syria – December 2009). The delay in adopting a personal data protection law is limiting police cooperation at international le vel and conclusion of an 
operational cooperation agreement w ith Europol is still proving difficult. Traini ng has started 
to be delivered to the Turkish National Poli ce staff under the ethical leadership programme. 
This programme is a training package prepared  by the council of ethics for public service on 
 
EN 85   EN ethical principles and ethica l conduct. Implementation of community policing aiming at 
strengthening public relations of the Police is  being widened and institutionalised in all 
provinces. 
Overall, further efforts are needed  as regards alignment with the acquis  in this area.  
Limited  progress has been registered in the fight against organised crime . A national 
strategy (2010 – 2015) and action plan (2010 – 2012)  against organised crime were signed by 
the Prime Minister in July 2010.  The Turkish National Police has established witness 
protection units in 60 provinces. Establishment of  a national fingerprint and DNA database is 
needed. Reliable and comparable data need to be collected in relation to law enforcement. 
Inter-agency cooperation remains to be strengthened. 
During the reporting period no sign ificant progress has been noted in the area of combating 
trafficking in human beings. 87 traffickers were arrested and the number of victims of 
trafficking identified and assisted amounted  to 37. The general di rectorate for social 
assistance and solidarity in the Prime Minister ’s Office has signed an agreement with the 
Foundation for Women’s Solidarity and the Hu man Resource Development Foundation, the 
two NGOs that are currently runni ng respectively the shelters fo r victims of trafficking in 
Ankara and Istanbul, allowing the shelters to receive financial support amounting to 
approximately €120,000 for each. 
Institutionally, the support mech anism envisaged to assist the national task force on the fight 
against human trafficking in its coordinati on tasks has not been established as yet. 
Identification of victims of human traffick ing and provision of necessary support and 
coordination between the different institutions is  undertaken within the framework of National 
Referral Mechanism (NRM) which includes al l actively involved stakeholders. Adequate 
management and organisational arrangements are in particular needed for one of the NRM’s 
main features, the 157 helpline. Further work to bring the nati onal legislation into line with 
the Council of Europe’s Convention on action against trafficking in human beings is 
important and so is setting a clea r timetable for its ratification.  
Overall, further efforts are needed  as regards alignment with the acquis  in this area. 
For the fight against money laundering see Chapter 4  
With regard to progress concerning the fight against terrorism , an Undersecretariat for 
public order and security has been established in March 2010 in the Ministry of the Interior to 
develop policies and strategies on counter-te rrorism and to ensure coordination among the 
relevant institutions. A law is in preparation concerning the fight against financing of terrorism to meet the requirements of the Financial Action Task Force (FATF) 
recommendations on imposing sanctions on persons  involved in financing terrorism. Turkey 
has taken decisions to freeze the assets of some of the persons included in the list adopted by 
the UN Security Council. The Financial Crim es Investigation Unit (MASAK) received 49 
suspicious transaction reports regarding financing of terrorism in 2009 compared to 228 in 
2008. MASAK signed memoranda of understanding to  exchange information with regard to 
the fight against financing of terrorism and mone y laundering with its counterparts in Croatia, 
Bosnia and Herzegovina, Ukraine, Japan and Norw ay. Turkey faced increa sed terrorist attacks 
from the PKK in 2010, which have prompted prepar ations for involving pr ofessional security 
forces in the fight against terrorism. 
 
EN 86   EN Turkey has not yet ratified the International Convention for the suppression of acts of nuclear 
terrorism, the Council of Europe Convention on  the prevention of terrorism, and the Council 
of Europe Convention on laundering, search, se izure and confiscation of  the proceeds from 
crime and on the financing of terrorism. 
Overall, further efforts are needed  as regards alignment with the acquis  in this area.  
Some progress has been made in the area of the fight against drugs . Following the adoption 
of a national strategy against drugs and drug addi ction (2006-2012), local action plans have 
been adopted in 63 provinces. An action plan sp ecific to the fight agai nst drug trafficking in 
rural areas was adopted in Ap ril 2010. This action plan needs to be coordinated with the 
implementation of the nationa l action plan against drugs and drug addiction (2010-2012), 
which has not been adopted yet by the Ministry of the Interior although the previous plan 
(2007-2009) has come to an end. 
Successful operations resulting in seizures of 51,451 kg of cannabis and 16,391 kg of heroin 
were carried out by Turkish law enforcement bodies. In all, 11 controlled deliver y operations 
have been made. 453,5 kg heroin, 623 gr cocaine and 2 kg opium we re seized as a result of 
those operations. Turkey remains one of the main  trafficking routes for drugs to the EU. As 
regards treatment of drug addict s, a new treatment centre has been opened in Gaziantep in 
February 2010. Bupronorfin and Naloksan have star ted to be used as substitute treatment in 
line with the implementing regulation for tr eatment centres. A new regulation on the 
protection of human health from the damages cau sed by solvents/inhalants has been issued on 
August 2010 by the Ministry of Health. The re gulation covers produc tion, import, trade, 
supervision, storage and usage areas of these substances.   
The agreement concerning Turkey’s participat ion in the European Monitoring Centre for 
Drugs and Drug Addiction (EMCDDA) has still not been ratified. Turkey continues to attend 
Reitox meetings of heads of focal points as an observer. As regards the status of the national 
Reitox focal point (TUBIM), a draft legisla tion on the establishment of a national drugs 
observatory has been prepared and needs to  be adopted. TUBIM hu man resources capacity 
increased from 9 to 17 but it ha s no autonomous budget in particul ar for full data collection. 
The capacity of TUBIM should be further st rengthened and stabilise d. A more balanced 
approach towards drugs supply and demand reduction needs to be followed also through strengthening treatment and rehabilitation facilities.  
Overall, further efforts are needed  as regards alignment with the acquis  in this area.  
Some  progress can be reported in the area of  customs cooperation , with regard to 
enforcement capacity.  The Undersecretariat for customs strengthened its vehicle tracking 
system and mobile inspection un its. One scanner was installed in Hamzabeyli border crossing 
points that further enhance their enforcemen t capacity. Coordination between the customs 
enforcement and other law enforcement agencies at the border needs to be strengthened. Risk-
based controls need to be improved. Turkey c ontinued to be one of the main suppliers of 
counterfeit goods seized at EU customs and lacks enforcement capacity for IPR controls on 
both imports and exports. 
Overall, further efforts are needed  as regards alignment with the acquis  in this area.  
For counterfeiting of the euro  see Chapter 32.   
Conclusion 
 
EN 87   EN Progress, albeit uneven, has been achieved in the area of justice, freedom and security. 
Substantial progress was made towards finali sing negotiations on an  EU-Turkey readmission 
agreement. Institutional arrangements on migration and asylum need to set clear responsibilities for all institutions concerned and endow them with the necessary resources 
and skills to handle the assigned tasks efficien tly. Some progress can be  reported in the area 
of drugs and customs cooperation. Limited progre ss can be reported in the area of external 
borders and Schengen, organised crime and terrorism. Little progress has taken place in the area of visa policy. There has been no progress on judicial cooperation in criminal and civil 
matters. Overall, legislation currently bei ng drafted needs to be adopted, and signed 
international agreements need to be ratified, as a matter of urgency. 
4.25. Chapter 25: Science and research 
Good progress can be repor ted in the area of science and  research policy . A number of 
regulatory arrangements were made to encourage international researchers to stay longer or 
settle permanently in Turkey. A new suppor t programme was launched to encourage the 
return to Turkey of Turkish researchers wh o have completed their doctoral studies but 
currently live abroad.  
At its December 2009 meeting, the Turkish Su preme Council for Science and Technology 
(SCST) decided to begin preparing a national science, technology and innovation action plan 
for the period 2011-2016. At the June meeting, the SCST decided to establish, under the 
coordination of TUB İTAK, Work Groups consisting of e xperts from the public and private 
sector as well as from universities to prepare national research and innovation strategies in the 
fields of energy, water and food.  
R&D expenditure under the national support progr ammes grantedby the Turkish Scientific 
and Technological Research Council (Tübita k) was increased to €310 million (€210 million 
for industrial R&D) in 2009, from €205 milli on (€150 million for industrial R&D) in 2008, 
representing a 50% increase overall. A total of 62 new private-sector R&D centres have been 
approved by the Turkish Ministry of Trade and Industry. This was the first result of the R&D 
Law, adopted in March 2008, which aims to encourage research and technological development activities by providing a number of incentives and support mechanisms for 
investors and SMEs (tax incentives and eliminat ion of some bureaucratic  obstacles to R&D). 
The expenditure on research in creased to €5.63 billion, from €5.47 billion in 2007, reaching 
0.73% of GDP. This is well below the national ta rget of attaining 2%  by 2013. In July 2010, 
the Board of the European Investment Bank (EIB) approved an investment loan of €300 
million aiming, in co-financing with the Turkish Undersecretariat of Treasury, to strengthen 
the research infrastructure cap acity for a sustainable future. 
The administrative capacity of Tübitak has been reinforced through recruitment of new staff. 
This brought about a 15% personnel increase at Tübitak. 
The level of Turkish participation in the 7th Framework Programme  for Research and 
Technological Development (FP7) further improve d but efforts remain necessary to increase 
the research capacity and scien tific excellence. The discussions with the Commission on the 
update the action plan covering the pe riod 2010-2011 are ongoing aiming at supporting 
Turkey's take up of FP7 projects are ongoing. 
 
EN 88   EN Active cooperation with the Join t Research Centre (JRC) con tinued through the participation 
of Turkish researchers in JRC workshops, high-level meetings and JRC projects and 
networks, and the secondme nt of Turkish researcher s to JRC institutions.  
Turkey launched , in June 2010 , an online consultation process targeting the Turkish research 
community to determine their national positions  for FP8. The outcome will then be submitted 
to the Commission to contribute to FP8 preparations. 
Negotiations and preparations for the asso ciation to the Seventh Euratom Framework 
programme through the conclusion of a S&T Agreement are ongoing. 
Concerning its integration into the European Research Area (ERA) , Turkey is participating 
in seven Joint Programming Initiatives, which aim to address major European societal challenges by harmonising national research activi ties. Turkey participates, as an associated 
country, in the Strategic Ener gy Technology Plan (SET Plan), and is committed to strengthen 
its research efforts accordingly. Turkey further increased the number of scientists and improved the mobility of researchers. Turkey activ ely participates in all advisory bodies on 
the European Research Area including the ER AC (European Research Area Committee) as 
observer. 
Turkey actively participates in all advisory  bodies on the European Research Area including 
the ERAC (European Research Area Committee) as observer.  
Conclusion 
Turkey is well prepared in the area of scie nce and research and good progress has been 
achieved towards future integration into the European Research Area. Overall, Turkey’s 
participation and success rate in Framework Programmes are on the rise. However, further 
efforts are required to maintain  these rates all through the 7
th Framework Programme for 
Research and Technological Development (FP7). 
4.26. Chapter 26: Education and culture 
There has been some progress in the area of education, training and youth . 
The Ministry of National Education adopted  its strategic plan 2010–2014 including targets 
and performance indicators for the implementati on of Turkey’s reform agenda in line with 
key EU standards, including the European Qualification Framework. 
A Green Paper for the restructuring of the serv ices of the Ministry, notably in vocational 
education and training, was finalised. 
Turkey improved its performance in all the area s in which EU-level benchmarks have been 
set for 2010 and 2020, but remains in general well be low the EU average, in particular for the 
rate of early school leavers and participati on of adults in lifelong learning. The enrolment 
rates continued to increase at all educational le vels. In particular, following the introduction of 
compulsory pre-school education in 32 pilot provinces, the enrolment rate for pre-school 
education rose to 39%. The same measure was extended to 57 provinces in the school year 
2010-11 and is to cover all pr ovinces in the school year 2012-2013. In the area of higher 
education, with the establishment of 7 new st ate and 1 private univer sities in 2009 and 2010 
the total number of universities in Turkey has reached 154. The share of 30-34 years having 
successfully completed tertiary ed ucation increased to 14.7 % in 2009.  
 
EN 89   EN Turkey is at an advanced stage of impl ementing the Bologna process recommendations. 
However, there are a number of challenges ah ead. These are recognit ion of qualifications, 
quality assurance and establishment of a na tional qualifications framework based on the 
European Qualifications  Framework (EQF).  
The Lifelong Learning and Youth in  Action programmes continue to  attract grant applications 
far exceeding the available budget. In 2009, more than 1200 project applications and some 
10,000 individual mobilities were funded. In 2010, Turkey’s financial contribution to the 
programmes reached almost €80 million and was paid in time. 
In the area of culture , Turkish operators continued to participate in the Culture programme, 
although as project co-organisers an d not as lead applicants. In addition, Turkey also took part 
in the European Cultural Heritage Days. In Ap ril 2010, departments of, re spectively, Kurdish, 
Arab and Assyrian language and culture we re established at Mardin University.  
Despite the resignations of key players from the organisational structure, the activities for 
Istanbul 2010 European Capital of Culture were  launched in January. Th e agency responsible 
for the events, Istanbul 2010, select ed nearly 600 projects, two th irds of which are related to 
urban rehabilitation/restoration wh ile the remainder involve arts events. The agenda covers all 
aspects of traditional as well as contemporary arts. Youth, children, artists and the public at 
large have all been targeted.  
Turkey has not yet ratified the UNESCO Conve ntion on the protection and promotion of the 
diversity of cultural expressions. 
Conclusion 
There has been some progress in this chapter,  in particular in the area of education. The 
overall school enrolment cont inued to increase and Turkey continued to improve its 
performance against the EU common benchmarks . There has been some progress in the area 
of culture but no progress on legislative alignment. 
4.27. Chapter 27: Environment 
Limited progress can be reported on horizontal legislation . The scope of the by-law on 
environmental impact assessment (EIA) has b een extended and the EI A Directive is now 
transposed to a large degree. However, proced ures for public and transboundary consultations 
have not been fully aligned and implemented. Th ere are increasing national and international 
public concerns over the planned Turkish-Russian nuclear power plant project to be built on 
the eastern Mediterranean coast of Turkey, wh ere seismic activity may create high risks and 
for which so far no EIA or strategic environmen tal assessment (SEA) has been carried out. 
Turkey started discussions with Bulgaria with  the view to concluding an agreement that 
would address the transboundary aspects of the environmental impact assessment for the EU-
backed Nabucco pipeline project to be bui lt across the frontier of the two countries. 
Transposition of the SEA Direc tive is at an early stage.  
Some progress has been achieved on air quality . The legislation relating to the sulphur 
content of certain liq uid fuels has been fully aligned with the acquis . A by-law on waste 
incineration was adopted. Turkey became a part y to the Stockholm Convention on persistent 
organic pollutants. The administrative capacity for implementing the Di rective on ambient air 
quality is not sufficient.  
 
EN 90   EN Good progress can be reported in the field of waste management . Turkey adopted its national 
waste management plan for 2009–2013. Legislati on on the control of hazardous waste, on 
receipt of waste from ships and on control of  waste has been amended in line with the acquis . 
New legislation on end-of-life vehicles has been adopted. Legislation on the sanitary 
landfilling of waste was adopte d, including provisions from th e Waste Framework Directive 
on reducing the percentage of biodegradables. A by-law on the reclamation of land degraded 
by mining activities has also been  adopted. Some EU companies co mplained about barriers to 
trade created by implementation of the by-la w restricting the use of certain hazardous 
substances in electrical and electronic equipment. 
There has been little progress in the area of water quality . Legislation on the control of water 
pollution was amended so as to regulate permit procedures. A high-level steering committee for water quality management was set up in  order to increase coordination among the 
institutions involved and with th e aim to develop strategies a nd policies for further alignment 
with the acquis . The institutional framework for water management is fragmented and not 
organised at river basin level.  A number of basin protection act ion plans have been drafted, 
which will eventually be conv erted into river basin mana gement plans. Transboundary 
consultations on water issues are still at a very early stage. Turkey signed with Greece a joint 
declaration providing for increa sed cooperation on the management  of the Meric/Evros river 
basin. 
No progress can be reported on nature protection . The draft law on nature protection and 
biodiversity, submitted to the Turkish parliament, raises concerns, in particular as regards the abolition of the current protection status of many sites that would be a useful contribution to 
the Turkish Natura 2000 networ k. The national biodiversity st rategy and action plan, and 
implementing legislation on bird s and habitats remain to be  adopted. There is growing 
concern about the negative effects on potential ly protected species of flora and fauna of 
building new water and energy infr astructure in the eastern part  of the country. The list of 
potential Natura 2000 sites ha s not yet been compiled. An am endment to the by-law on the 
protection of wetlands has weakened the protec tion status of wetlands, which are protected 
under the Convention on Wetlands of Internati onal Importance. Responsibility for nature 
protection is not clearly a llocated between the various competent institutions. 
Limited progress can be reported regarding industrial pollution control and risk 
management . The legislation on the cont rol of industrial air pollution was amended in order 
to regulate the permit procedures. By-laws on large combustion plants and on the control of 
major-accident hazards were adopted. Introduction of an integrated permit system is at an 
early stage.  
There has been some progress in the field of chemicals . Legislation on biocidal products was 
adopted. The capacity is insuffici ent for effective implementation. 
Very limited progress was made regarding climate change . Some progress was made on trade 
in ozone-depleting substances. Turkey bega n implementing legisla tion transposing the acquis  
on the availability of consumer information on fuel economy and CO2 emissions in connection with the marketing of new passenge r cars. A national climate change strategy 
was adopted by the Ministry of Environmen t and Forestry with UNDP/GEF support. 
Moreover, a climate change department was esta blished within the Ministry of Environment 
and Forestry and a high level c oordination committee for climate change was set up in order 
to increase coordination among gove rnment institutions. However, no preparations for the EU 
Emissions Trading Scheme have started yet.  Turkey submitted its greenhouse gas inventory 
 
EN 91   EN but has not submitted its fifth national communicat ion so far. In the international climate 
negotiations on the post 2012 agreement, Turkey ha s had a tendency not to align with the EU 
positions lately. It has not associated itself with the Copenhagen Accord either. Turkey’s aim to limit greenhouse gas emission growth by 11% from the projected 2020 emissions on the 
basis of the business as usual scenario cannot be considered to be ambitious. 
Legislative alignment in the field of noise  is well advanced. However, preparation of noise 
maps and action plans is still at an early stage. 
Some progress has been made in the ar ea of administrative capacity. The Law on 
environmental permissions and licences was adopted to enhance the environmental inspectorates. Mechanis ms to coordinate the work between  administrative bodies at different 
levels were put in place. No progress has been made towards es tablishing a national 
environment agency. Administrative capacity  needs further strengthening, including 
coordination between the relevant authorities at all levels. Environmental protection requirements are still not taken into account  in the framing of policies and in the 
implementation of infrastructure projects.  
Conclusion  
Overall, progress was made towards further alignment. Preparations in the field of 
environment are at an early stage. Turkey  has made good progress on waste management 
whereas limited progress can be reported on horizontal legislation, air and water quality, industrial pollution, chemicals and administrati ve capacity. Turkey has made very limited 
progress as regards climate change and no progre ss in the area of nature protection. Turkey 
made progress on administrative capacity by pu tting in place mechanisms to coordinate the 
administrative bodies at different levels in this field. Investments in the field of the 
environment need to be increased.  
4.28. Chapter 28: Consumer and health protection 
There has been little progress in the area of consumer protection . The consumer movement 
is still weak and does not receive government support. Better dialogue as well as active participation by NGOs in policy- and law-ma king mechanisms needs to be ensured, but 
government activity is low in this respect.  
Some progress can be reported in the field of product safety-related issues.  The 
Undersecretariat for foreign trade issued legi slation streamlining surveillance reports and 
notifications. A national market surveillan ce strategy for 2010-2012 was adopted. Market 
surveillance activities have continued to increa se and the Undersecretar iat’s report on market 
surveillance activitie s performed in 2009 is a notable step towards the systematic collection of 
comparable data. The use of risk assessment methods, which would help optimise the use of 
limited market surveillance budgets, remains insufficient, as is evaluation of the effectiveness of actions. Market surveillance  needs to be further improved through enhanced  visibility, 
involvement of consumer organisations a nd awareness among the general public of the 
concept of risky products, as well as better coordination within and between surveillance 
agencies, including the use of IT tools. The revision of the genera l product safety legislation is 
pending, which is a key element for the accession ne gotiations in this chapter. [See Chapter 1] 
There has been little progress in the area of non-safety related issues . Adoption of the 
consumer protection law is pending too, which is a key element for the accession negotiations 
 
EN 92   EN in this chapter. The consumer portal providing e-application services to consumers for their 
complaints has been made operational. Consumers can now file their complaints 
electronically and the complaint is directed to the consumer arbitration committee. This is a 
positive step to speed up the arbitration process and ease access to information for the consumer courts. Follow-up of the decisions  of the advisory Consumer Council, and 
consistent legal interpretation of the consumer  laws by the courts and arbitration committees 
need to be ensured. Specialisation of the arbitration committees needs to be improved. 
Some progress can be re ported in the field of public health . 
Regarding horizontal aspects , the Ministry of Health pub lished its first strategic plan,  
covering the years 2010-2014. The plan aims to  improve and enhance the well-being of 
society by combating threats to health, improving the safety and quality of health services, 
and responding to health needs on the basis of equity and accessibility through a human-
centred service approach. The introduction of a family medicine system aims to better 
respond to health needs and m onitoring the population's health  status, which currently is 
constrained by the limited number of family phys ician specialists and the absence of a well 
designed reporting system.  
As regards tobacco,  Turkey largely fulfils the acquis requirements. Only final verifications of 
provisions on export of tobacco products an d implementing measures remain outstanding. 
The Turkish authorities have identified 14 pict orial warnings which must be used for all 
tobacco products produced. Efforts have been made to raise the awareness in the fight against smoking. As a result of relatively  successful implementation of  the smoking ban in all public 
places since 2009, Turkey observed the lowest ci garette consumption le vel in five years 
during the first quarter of 2010. However, the smoking ban was ch allenged with reference to 
personal freedoms and business interests, and a Constitutional Court procedure was launched.  
In the field of communicable diseases  little progress was made.  Acquis alignment is 
moderately advanced, and harmonisation regardi ng notifiable diseases a nd case definitions to 
ensure compatibility and comparability of data at EU level continued. However law 
enforcement is insufficient, and no progress wa s reported on strengthen ing the administrative 
structures for systematic monitoring, fo llow-up and implementation of control and 
surveillance measures, or on the establishment of  the national institute of public health. The 
trial to establish an ear ly warning and response system for in testinal diseases was expanded to 
another 10 provinces.  
There has been some progress in the area of blood  and blood components . Legislative 
harmonisation is well advanced. Further al ignment efforts concerning definitions and 
standards are ongoing. It still rema ins to be verified whether th e enforcement capacity to carry 
out monitoring, surveillance and inspection tasks is sufficient and competent authorities are 
fully defined. Preparations in this area are ongoing. 
There has been some progress in the area of  tissues and cells . An implementing regulation 
was adopted but it remains to be verified whethe r this legislation fully responds to EU acquis.
 
The national cell coordination centre (Tür kök) has not become operational yet and 
administrative capacity for surveillance activities in this area needs to be reinforced. Preparations for alignment with the EU acquis  for all types of tissues and cells 
(musculoskeletal, cardio-vascular, cornea, ART, etc.) are still ongoing.  
 
EN 93   EN No progress can be reported in the field of mental health . The mental health action plan is 
finalised but has yet to be adopted. Overall, prep arations in this area ar e at an early stage. 
Little progress can be re ported in the field of cancer . The physical infras tructure to conduct 
community-based screening programmes is in pla ce. The screening of target groups for breast 
and cervical cancers has reached 12% and 18% respectively (target 70% by 2015). Drafting of 
the regulation on electromagnetic fiel ds is in progress. The nationa l cancer institute has yet to 
be established. Preparations in this area are on track. 
Conclusion 
Some progress can be reported on consumer and health protect ion. In the area of consumer 
protection, more efforts are stil l necessary, in particular on non-safety related issues, to 
strengthen the consumer movement and to ensu re proper enforcement of consumer protection 
in general. Coordination and cooperation between stakeholders remain weak. In the area of 
public health, there has been good progress in terms of legislative alignment. However, 
enforcement remains insufficient in areas other than tobacco. The administrative structures and enforcement powers necessary to implemen t the transposed legislation and monitor 
progress require strengthening. Prep arations in the area of cons umer and health protection are 
on track. 
4.29. Chapter 29: Customs Union 
There has been some progress with regard to customs legislation . 
Turkey adopted the provisions implementing its new customs law, further aligning its customs 
rules with the EU acquis . The Undersecretariat for customs adopted implementing legislation 
on binding tariff information that limits the ri ghts of economic operators to apply for binding 
tariff information, particularly those importi ng products that are subject to mandatory 
laboratory testing. The Unders ecretariat amended the implem enting provisions on laboratory 
controls for processed agricultural products to limit mandatory laboratory  controls exclusively 
to cases where the products are imported in bulk or their tariff classification cannot be 
determined by customs. The overall level of alignment with the EU acquis  in the field of 
customs rules is high thanks also to the existence of the EU-Turkey Customs Union. 
However, further alignment is required with regard to customs rules on intellectual property 
rights and on the exemptions granted to goods used  or consumed in the free zones regulated 
by the Undersecretariat for foreign trade. The Turkish duty relief legislation allowing duty-
free shops at entry points is  not in line with Turkey’s Customs Union obligations. 
There has been no alignment re garding the rules on surveillanc e of imports and exports of 
goodsand tariff quotas. In particul ar, the legislation for tariff quotas provided for processed 
agricultural products is not in place and the management of the few existing tariff quotas is 
not in line with EU standards. Products origin ating outside the EU but in free circulation in 
the EU market are still subject to product safety inspec tions in Turkey, even if the goods have 
already been cleared by customs in the EU, bear the CE mark and are accompanied by an ATR movement certificate. In the context of  these inspections, economic operators are 
systematically obliged to submit a declaration of origin before cust oms clearance. Requiring 
operators to declare the origin of products before their customs clearance is an infringement 
of the Customs Union. 
 
EN 94   EN As regards administrative and operational capacity , some progress can be reported. The 
Undersecretariat strengthened its vehicle tracking system and mobile inspection units. 
Through public-private partnership contracts signed with Turkish private sector organisations, 
the Undersecretariat was supplied with scanne rs that further enhanced its enforcement 
capacity at some border crossing points. The Unde rsecretariat has to improve its risk-based 
analysis with a view to a pplying it soundly and uniformly th roughout all customs offices. The 
feedback reporting mechanisms between the Unders ecretariat’s central risk analysis units and 
regional customs teams should be reinforced. Coordination between customs enforcement and 
other law enforcement agencies at the border needs to be improved. Simplified procedures 
need to be applied in order to facilitate le gitimate trade by reduci ng physical inspections. 
Turkey continued to be one of the main supp liers of counterfeit goods seized at EU customs 
and lacks enforcement capacity for IPR controls on both imports and exports. 
Further efforts were made towards achieving IT interconnectivity with the EU systems on 
transit (NCTS) and tariffs (TARIC , Quota, and Surveillance). Tu rkey reached a high level of 
alignment in the field of transit with a view  to starting the process for acceding to the 
Common Transit Convention (CTC). Turkey needs to step up its efforts to introduce paperless 
customs procedures incorporating one-stop cont rols. No progress can be reported regarding 
the adoption of an IT strategy by the Undersecretariat. The Undersecretariat published an 
information notice on setting the ru les determining the preferential origin of products in the 
framework of the Pan-Euro Med system of cumulation. 
‘Customs Union’ is one of eight chapters c overed 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 ai rplanes 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 
The Customs Union has enabled Turkey to reach a high level of alignment in this field in 
terms of both legislation and administrative cap acity. However, the duty-free status of shops 
located at entry points is not in line with the acquis . Legislation on free zones, surveillance 
and tariff quotas which are regula ted by the Undersecretariat for foreign trade still needs to be 
aligned. Requiring importers of products which ar e in free circulation in the EU market to 
submit information on origin prior to customs clearance is not in line with the Customs 
Union. Further efforts are required to improve risk-based controls a nd simplified procedures 
in order to facilitate legitimate trade and re duce physical controls. The Undersecretariat for 
customs must deliver on its commitment to e ffectively enforce intellectual property rights and 
combat counterfeit goods. 
4.30. Chapter 30: External relations 
Some progress can be repor ted in the field of the common commercial policy . 
Turkey’s level of alignment with the EU’s common commer cial policy remains high. Good 
progress was recorded in the alignment of the Turkish general system of preferences (GSP). 
Iraq was included in the list of countries to whic h Turkey applies its G SP. Turkey adopted the 
GSP scheme, including for processed agricult ural products in terms of their industrial 
 
EN 95   EN component. Further alignment with the EU’s GSP, in particular with regard to its geographic 
coverage, is needed. 
Turkey decided to extend for three years the safeguard measures imposed in four cases 
(footwear, motorcycles, steam irons, and vacuum  cleaners), which have been in place since 
2006. Turkey has made increasing use of safegua rd measures over the last four years.  
There has been progress on bilateral agreements with third countries . During the reporting 
period, Turkey signed a free trade agreement with Jordan. 
Turkey’s level of coordination w ith the EU within the World Tr ade Organisation, in particular 
as regards the Doha Development Agenda, has b een satisfactory but there is still room for 
improvement in this area, notably  in the field of agriculture a nd trade facilitation. Within the 
OECD, the coordination has been satisfactory. 
No progress can be reported on medium- and l ong-term export credits, as well as on dual use 
goods. Concerning dual-use export controls , Turkey has not aligned itself with the EU 
position on membership of certain suppliers’ gr oups, such as the Wassenaar Arrangement on 
export controls for conventional arms and dua l-use goods and technologies, and the Missile 
Technology Control Regime.  
Turkey made some progress in the field of development policy and humanitarian aid . The 
total amount of official development aid gr anted by Turkey reached some €707 million in 
2009. The level of alignment remained satisfactory in this field. 
‘External relations’ is one of 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 ai rplanes 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 
Although Turkey has achieved a high level of alignment in this area, owing to the Customs 
Union, alignment has not yet been completed and further work remains to be done in many areas, in particular on the general system of preferences with regard to its geographical 
coverage.  
4.31. Chapter 31: Foreign, security and defence policy 
The regular political dialogue between the EU and Turkey con tinued to cover international 
issues of common interest, including Iraq, Iran,  the South Caucasus, Pakistan, Afghanistan, 
the Middle East peace process and the Balkans. (Concerning neighbourly relations with other 
enlargement countries and Member States , see Section 2.3 — Political criteria) 
As regards the common foreign and security policy (CFSP), in the reporting period, Turkey 
aligned itself, when invited, with 54 out of 73 the relevant EU declarations and Council 
decisions (74 % alignment). 
Bilateral relations with Iraq continued to develop positiv ely. Turkey maintained close 
contacts with Iraqi authorities. Several high-l evel visits took place, including those by vice-
 
EN 96   EN President Adil Abdul Mahdi and Kurdish regi onal government Presid ent Massoud Barzani. 
Turkey held extensive consultations with Iraqi po litical factions in the aftermath of the March 
general election. 
As for relations with Iran, Turkey sees Iran as an important  partner in the region and has 
sought to further develop its re lations with that country. Turk ey has confirmed its opposition 
to Iran’s military nuclear pr ogramme. Turkey, together with Brazil, negotiated an agreement 
with Iran concerning a fuel swap deal for th e Tehran Research Reactor (TRR). Turkey did not 
support the EU, US and other c ountries in the UN Security C ouncil for additional sanctions 
against Iran. 
As regards relations with the South Caucasus and Central Asia , Ankara gave full support to 
the interim government established in Kyrgyzst an after the uprising in April and provided 
immediate humanitarian assistance. A strate gic partnership agreement was signed with 
Kazakhstan. Turkey will chair the Confer ence on Interaction and Confidence Building 
Measures (CICA) in Asia until 2012 and hoste d the CICA summit in June. The protocols 
signed with Armenia to normalise relations are still not ratified.  
As regards the Middle East , Turkey’s seeks to play a constructive role, notably by offering a 
mediator role between Israel and Syria. Relati ons with Syria improved substantially with both 
countries lifting visa restrictions and se tting up a strategic cooperation council. Turkey 
continues to contribute  to stabilisation in Lebanon, through diplomatic activities and its 
participation in UNIFIL. However, relations with Israel  deteriorated after the Gaza conflict, 
and in particular following the Gaza flotilla incident. 
Turkey continued its efforts to bring Afghanistan and Pakistan closer. Turkey remains 
engaged in NATO’s International Security Assi stance Force (ISAF). It assumed command of 
the Kabul region for the second time as of 31 October 2009. Ambassador Engin Soysal was 
nominated UN special envoy for assistance to Pa kistan. Turkey organised two trilateral 
summits in Istanbul and also hosted the Ista nbul Summit on Friendship and Cooperation in 
the Heart of Asia. Turkey hos ted the fourth Regional Conf erence on Afghanistan (RECCA). 
Turkey intensified its economic and political ties with Russia and China . The relations 
between Turkey and Russia were marked by an exchange of high-leve l visits. A high-level 
strategic cooperation council between the two countries was established.  
Turkey continued to intensify its relations with African and Latin American countries . Several 
high-level visits were made by the President and the Prime Minister.  
Relations with the United States  have been marked by tens ions. Turkey withdrew its 
Ambassador for a short period after the Fore ign Relations Committ ee of the House of 
Representatives adopted a resolution recogn ising the killings of Armenians in 1915 as 
genocide.  
No particular developments can be reported as regards restrictive measures .  
Concerning non-proliferation of weapons of mass destruction, Turkey has not aligned itself 
with the EU position on membersh ip of certain suppliers’ groups, such as the Wassenaar 
Arrangement on export controls for conventiona l arms and dual-use goods and technologies. 
(For dual-use goods, see Chapter  30 — External relations)  
 
EN 97   EN With regard to cooperation with international organisations , Turkey continues holding a non-
permanent seat in the UN Security Council in 2010. The third forum of the UN-backed 
Alliance of Civilisations was held in Rio in  May. Although Turkey is not a member of the 
League of Arab States, it atte nded the last two meetings of the League and hosted the third 
meeting of Foreign Ministers of the Turkish- Arab Cooperation Forum (TAC). Turkey also 
enjoys observer status in the Organisation of African States . In 2010, a member of the AK 
party was elected president of the Parliamentary Assembly of the Council of Europe. Turkey 
has not signed the statute of th e International Criminal Court. 
Turkey extended for one year the navy’s participation in an intern ational task force to join the 
UN-led international anti-piracy coalition in Somalia.  
As regards the common security and defence policy (CSDP), Turkey is continuing to 
contribute to the EU-led military mission in  Bosnia and Herzegovina (EUFOR/Althea). 
Turkey is also contributing to EUPM, the EU -led police mission in Bosnia and Herzegovina 
and to the EU rule of law mission (EULEX) in Kosovo. The issue of EU-NATO cooperation 
that would involve all EU Member  States beyond the 'Berlin plus  arrangements' remains to be 
resolved. 
Conclusion 
Turkey’s alignment with the EU’s common forei gn and security policy has continued. Turkey 
has sought dialogue and consultation with the EU on various foreign policy issues. Through 
its ‘zero problems with neighbours’  policy Turkey made efforts to  normalise rela tions with its 
neighbouring countries such as Greece and Armenia ( see section 2.3 — Regional issues and 
international obligations) , Iraq, including the Kurdish regional government, and Syria. 
Relations with Israel have significantly deteriorated. Turkey is contributing substantially to the CSDP and seeking greater involvement in CSDP activities. The issue of EU-NATO 
cooperation that would involve al l EU Member States beyond the 'Berlin plus arrangements' 
remains to be resolved. Turkey has not aligne d itself with the EU position on membership of 
the Wassenaar Arrangement.  
4.32. Chapter 32: Financial control 
There has been limited progress on public internal financial control (PIFC), where 
alignment with the acquis  is advanced. Budget spending units  started to submit their action 
plans for harmonisation with public internal co ntrol standards to the central harmonisation 
unit for financial management and control (CHU- FMC), in line with the guide published last 
year.  
The 2002 public internal financ ial control (PIFC) policy pape r and the related action plan 
remain to be updated, following which the Pub lic Financial Management and Control Law 
(PFMCL) will have to be amended. These docum ents will have to address the issues of 
managerial accountability, delineat ion of control, audit and in spection functions, as well as 
the establishment of a permanent central harm onisation unit for internal  audit (CHU-IA). The 
location of the CHU-IA is crucial to ensure th at the modern public inte rnal audit profession 
can develop under optimum conditions. The steering role of the Ministry  of Finance in the 
reform process needs to be further reinforced.  
No progress can be reported in the area of external audit . The revised law on the Turkish 
Court of Accounts has been pending in parlia ment since 2005. This law is to provide the 
 
EN 98   EN institution with the legal and structural base s for its extended mandate  and to align audit 
practices with relevant international standards.  
Some progress can be reported on protection of the EU’s financial interests . There has been 
good operational cooperation between the European  Anti-fraud Office (OLAF) and the Prime 
Ministerial Inspection Board (PMIB) and the othe r relevant institutions in assessments and 
investigations of suspected fraud cases. In  December 2009 a circular issued by the Prime 
Minister’s Office formally appointed the PMIB as the permanent body responsible for 
cooperation with OLAF and coordination of the fight against fraud (AFCOS). The strategy for 
improving transparency and combating corrupt ion was adopted in February 2010. Further 
efforts are needed to ensure the operationa l independence of the AFCOS in reporting and 
carrying out its tasks as well as to establish a network to operate horiz ontally in addressing 
prevention, detection and follow-up issues. 
There have been no developments concerni ng implementation of the Convention on the 
protection of the European Communities’ fina ncial interests (PIF Convention) and its 
Protocols. The level of monitoring of the actual implementation of the Convention by the 
Turkish authorities remains low. Preparations  are moderately advanced in this area. 
No progress can be reported on the protection of the euro against counterfeiting . 
Institutions serving de facto  as the national analysis centre, national coin analysis centre and 
national central office are yet to be formally a ppointed to ensure sust ainable cooperation with 
the EU institutions. The Turkish legislation doe s not provide for any sanctions against credit 
institutions that fail to withdraw counterfeits from circulation and against medals and tokens 
similar to euro coins. Preparations rema in moderately advanced in this field. 
Conclusion 
Limited progress can be reported in the area of financial control, which already shows a fairly 
advanced level of alignment. Legislation implementing the PFMC Law is in place, whilst the 
PIFC policy paper and action plan require revi sion. The revised law on the Turkish Court of 
Accounts, bringing external audit into line with releva nt international sta ndards, has not yet 
been adopted. The Turkish AFCOS has not yet evolved into an operational network. 
Permanent structures are required for contact s with the Commission on the protection of the 
euro against counterfeiting.  
4.33. Chapter 33: Financial and budgetary provisions 
There have been no particular developments as regards the traditional own resources . 
Alignment with the relevant acquis  has continued under the linked acquis  chapters, resulting 
in customs legislation that largely complies with the acquis . However, additional efforts are 
needed for full alignment and implementation. 
A national VAT system is in operation, further assessment thereof is needed to ensure the 
system’s appropriateness to allow Turkey to contribute properly to the EU VAT own 
resources system upon accession. As regards the  Gross National Income (GNI) resource , 
Turkish financial and statistical data were fu rther aligned with the European System of 
Accounts (ESA 95). Further progress is need ed for full implementation of the ESA 95 
standards to ensure that the GNI resource is measured appropriately. 
 
EN 99   EN No progress can be reported in the field of administrative capacity and infrastructure related 
to the application of the own resources system itself. Turkey will need to establish coordination structures and implementing rule s for accurate collection, monitoring, payment 
and control of own resources , and reporting to the EU. 
Conclusion 
Limited progress has been made under this ch apter. Turkey’s alignment with the basic 
principles and institutions of the acquis  in this area is well advanced. Sound coordination 
structures, administrative capacity and implementi ng rules will need to be established in due 
course. Preparedness in the area of the own resources acquis  is at an early stage. 
 
EN 100   EN Statistical Annex  
STATISTICAL DATA (as of 14 October 2010)            
Turkey            
            
Basic data Note 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 
Population (thousand) 1) 64 259 65 135 66 009 66 873 67 734 68 582 69 421 70 256 71 079 71 897 
Total area of the country (km²) 2) 783 562 783 562 783 562 783 562 783 562 783 562 783 562 783 562 783 562 783 562 
            
National accounts Note 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 
Gross domestic product (GDP) (million national currency)  166 658 240 224 350 476 454 781 559 033 648 932 758 391 843 178 950 5 34 953 974 
GDP (million euro)  289 446 219 816 243 570 269 322 314 304 387 655 419 013 472 879 501 339 441 600 
GDP (euro per capita) 1) 4 504 3 375 3 690 4 027 4 640 5 652 6 036 6 731 7 053 6 142 
GDP (in Purchasing Power Standards ( PPS) per capita) 1) 8 000.0 7 400.0 7 400.0 7 400.0 8 600.0 9 100.0b 10 500.0 11 100.0 11 40 0.0 10 800.0 
GDP per capita in PPS (EU-27 = 100) 1) 41.9 37.4 36.1 35.7 39.6 40.4b 44.3 44.6 45.4 45.8 
Real GDP growth rate (growth rate of GDP volume, national currency, % change on 
previous year)  6.8 -5.7 6.2 5.3 9.4 8.4 6.9 4.7 0.7 -4.7 
Employment growth (national accounts, % change on previous year)  -0.4e -1.0e -1.8e -1.0e 3.0e 1.4e 1.3e 1.1e 1.8e : 
Labour productivity growth: GDP growth pe r person employed (% change on previous 
year)  7.2e -4.7e 8.1e 6.3e 6.1e 6.9e 5.5e 3.3 -0.7e -5.1 
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)   53.2f 49.0f 48.9f 49.6f 53.9f 58.0f 61.4f 62.5f 63.5f 63.4f 
Gross value added by main sectors (%)                      
Agriculture and fisheries  10.8 9.4 11.4 11.1 10.7 10.6 9.4 8.5 8.5 9.1 
Industry  24.6 23.8 23.2 23.5 23.0 23.0 22.9 22.3 22.0 20.8 
Construction  5.4 4.7 4.6 4.5 5.0 5.0 5.4 5.4 5.2 4.2 
Services  59.2 62.1 60.8 60.8 61.3 61.3 62.4 63.7 64.3 66.0 
Final consumption expenditure, as a share of GDP (%)  82.2 80.8 80.8 83.4 83.2 83.5 82.9 84.1 82.7 86.3 
Gross fixed capital formation, as a share of GD P (%)  20.4 15.9 16.7 17.0 20.3 21.0 22.3 21.4 19.9 16.8 
Changes in inventories, as a share of GDP (%)  0.4 -0.9 0.9 0.6 -1.0 -1.0 -0.2 -0.4 1.9 -2.0 
Exports of goods and services, relative to GDP (%)  20.1 27.4 25.2 23.0 23.6 21.9 22.7 22.3 23.9 23.2 
Imports of goods and services, relative to GDP (%)  23.1 23.3 23.6 24.0 26.2 25.4 27.6 27.5 28.3 24.3 
            
Industry Note 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 
Industrial production volume index (2000=100)  : : : : : 100.0 107.8 115.3 114.2 103.2 
            
Inflation rate Note 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 
Annual average inflation rate (HICP,  % change on previous year)  53.2 56.8 47.0 25.3 10.1 8.1 9.3 8.8 10.4 6.3 
 
EN 101   EN  
            
Balance of payments Note 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 
Balance of payments: current account total (million euro)  -10 741 4 198 -662 -6 643 -11 601 -17 843 -25 640 -27 954 -28 519 -1 0 067 
Balance of payments current account: trade balance (million euro)   -23 882 -3 755 -6 758 -11 925 -18 278 -26 590 -32 699 -34 14 4 -36 049 -17 820 
Balance of payments current account: net services (million euro)  12 316 10 201 8 339 9 292 10 288 12 272 10 841 9 737 11 641 1 1 605 
Balance of payments current account: net income (million euro)  -4 333 -5 583 -4 816 -4 912 -4 509 -4 693 -5 301 -5 183 -5 547 -5 500 
Balance of payments current account: net current transfe rs (million euro)  5 158 3 335 2 573 902 898 1 169 1 520 1 637 1 437 1 648 
of which government transfers (million euro)  221 224 526 257 252 485 495 590 495 853 
Net foreign direct investment (FDI) (million euro)  121 3 188 993 1 080 1 612 7 208 15 340 14 550 10 688 4 359 
Foreign direct investment (FDI) abroad (million euro) 3)  -942 -555 -151 -424 -627 -855 -736 -1 537 -1 733 -1 114 
of which FDI of the reporting economy in EU- 27 countries (million euro)  : : : : : : : : : : 
Foreign direct investment (FDI) in the reporting economy (million euro) 3) 1 063 3 743 1 144 1 505 2 239 8 063 16 076 16 087 12  421 5 473 
of which FDI of EU-27 countries in the reporting economy (million euro)  : : : : : : : : : : 
            
Public finance Note 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 
General government deficit/surplus, rela tive to GDP (%)  : -33.0 -12.9 -11.3 -4.5 -0.6 0.8 -1.0 -2.2 -6.7 
General government debt relative to GDP (%)  : 104.4 93.0 85.1 59.2 52.3 46.1 39.4 39.5 45.4 
            
Financial indicators Note 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 
Gross foreign debt of the whole economy, relative to GDP (%)  44.7 57.7 56.2 47.3 41.2 35.3 39.4 38.4 37.4 43.9 
Gross foreign debt of the whole economy, relative to total exports (%)  427.0 362.5 359.2 304.9 254.8 231.0 242.7 232.5 210.3 2 65.5 
Money supply: M1 (banknotes, coins, overnight deposits, million euro)  12 205 8 965 9 291 13 188 15 762 38 978 38 616 44 644 39  927 49 691 
Money supply: M2 (M1 plus deposits with maturity up to two years, million euro) 4) 51 591 37 253 36 325 47 398 59 415 150 152 1 60 193 201 366 203 840 228 237 
Money supply: M3 (M2 plus marketable instruments, m illion euro) 5) 54 207 38 973 38 041 50 488 63 411 164 302 171 832 215 308 2 14 473 240 246 
Total credit by monetary financial institutions to resi dents (consolidated) (million euro)  44 492 26 977 20 035 29 025 43 328 83 772 100 358 140 157 138 301 153 867 
Interest rates: day-to-day money rate, per annum (%)  56.0 95.5 49.6 36.1 22.0 15.1 15.8 17.3 16.1 9.2 
Lending interest rate (one year), per annum (%) 6) 51.2 78.8 53.7 42.8 29.1 23.8 19.0 20.1 19.7 19.7 
Deposit interest rate (one year), per annum (%) 7) 38.2 62.2 53.9 40.3 23.6 19.9 21.5 22.3 22.9 17.2 
euro exchange rates: average of period - 1 euro = … national  currency  0.574 1.094 1.430 1.685 1.768 1.670 1.800 1.778f 1.896 2 .151 
Effective exchange rate index (2000=100)  100.0 46.8e 40.1e 40.4e 39.3e 43.6e 39.1e 44.5e : : 
Value of reserve assets (including  gold) (million euro)  25 331 22 660 26 949 28 134 27 654 44 277 48 116 52 058 52 442 52 160 
            
External trade Note 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 
Value of imports: all goods, all partners (million euro)  59 444.4 46 255.8 54 478.3 60 162.6 78 528.0 93 409.5 111 096.0 123 959.4 13 6 441.0 100 657.6 
Value of exports: all goods, all partners (million euro)  30 181.9 35 062.2 38 137.1 41 679.1 50 891.1 58 849.5 68 020.2 78 126.4 89  557.2 73 304.9 
Trade balance: all goods, all partners (million euro)  -29 262.5 -11 193.5 -16 341.3 -18 483.5 -27 636.9 -34 560.1 -43 075.8 -45 833. 0 -46 883.8 -27 352.7 
Terms of trade (export price index / import price in dex) 8) 103.0 100.7 100.1 100.0 102.0 99.3 96.0 103.5 96.9 104.9 
Share of exports to EU-27 countries in value of total exports (%)  56.4 56.0 56.6 58.0 57.9 56.4 56.1 56.3 47.9 45.9 
Share of imports from EU-27 countries in value of total imports (%)  52.4 47.9 49.8 50.6 49.3 45.2 42.6 40.3 37.0 40.1 
 
EN 102   EN  
            
Demography Note 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 
Natural growth rate: natural change (births minus deaths) (per 1000 inhabitants)  14.1 13.7 13.5 13.2 12.9 12.6 12.4e 11.4b 11. 4 11.2 
Infant mortality rate: deaths of children under one year of age per 1000 live births  31.5 28.4 25.6 23.1 20.9 18.9 17.5 16.7 1 6.0 15.3 
Life expectancy at birth: male (years)  69.0 69.4 69.8 70.1 70.5 70.9 71.1 71.2 71.4 71.5 
Life expectancy at birth: female (years)  73.1 73.5 73.9 74.3 74.6 75.0 75.3 75.6 75.8 76.1 
            
Labour market Note 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 
Economic activity rate (15-64): share of  population aged 15-64 that is economically 
active (%) 9) 10) 52.4 52.3 52.3 51.1 49.6 49.8 49.8 49.8 50.6 51.7 
Employment rate (15-64): share of population aged 15-64 that is in employment (%)  48.9 47.8 46.7 45.5 44.1 44.4 44.6 44.6 44.9  44.3 
Employment rate male (15-64) (%)  71.7 69.3 66.9 65.9 66.4 66.9 66.8 66.8 66.6 64.6 
Employment rate female (15-64) (%)  26.2 26.3 26.6 25.2 22.3 22.3 22.7 22.8 23.5 24.2 
Employment rate of older workers (55-64 ): share of population aged 55-64 that is in 
employment (%) 10) 36.4 35.9 35.3 32.7 29.5 27.9 27.6 27.1 27.4 28.2 
Employment by main sectors (%)                      
Agriculture 10) 36.0 37.6 34.9 33.9 29.1 25.7 24.0 23.5 23.7 24.7 
Industry 10) 17.7 17.5 18.5 18.2 20.0 20.8 20.9 20.8 21.0 19.4 
Construction 10) 6.3 5.2 4.5 4.6 4.9 5.5 5.9 5.9 5.9 5.9 
Services 10) 40.0 39.7 42.1 43.4 46.0 48.0 49.2 49.8 49.5 50.0 
Unemployment rate: share of labour force that is unemployed (%) 9) 10) 6.5 8.4 10.3 10.5 10.8 10.6 10.2 10.3 11.0 14.0 
Share of male labour force that is unemployed (%) 9) 10) 6.6 8.7 10.7 10.7 10.8 10.5 9.9 10.0 10.7 13.9 
Share of female labour force that is unemployed (%) 9) 10) 6.3 7.5 9.4 10.1 11.0 11.2 11.1 11.0 11.6 14.3 
Unemployment rate of persons < 25 years:  share of labour force aged <25 that is 
unemployed (%) 9) 10) 13.1 16.2 19.2 20.5 20.6 19.9 19.1 20.0 20.5 25.3 
Long-term unemployment rate: share of labour force that is unemployed for 12 months 
and more (%) 9) 10) 1.3 1.7 2.9 2.5 4.2 4.2 3.7 3.1 2.9 3.5 
            
Social cohesion Note 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 
Average nominal monthly wages and salaries (nati onal currency)  : : 372.1 492.0 529.4 595.4 : : : : 
Index of real wages and salaries (index of  nominal wages and salaries divided by the 
CPI) (2000=100)  
: : : : : : : : : : 
Early school leavers - Share of population aged 18-24 with at most lower secondary 
education and not in further education or training (% ) 10) 58.1 58.1 55.1 52.9 52.2 50.0 49.1 47.2 45.7 44.6 
            
Standard of living Note 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 
Number of passenger cars per 1000 population 1) 11) 68.8 69.6 69.7 70.3 79.7 84.2 88.5 92.1 95.6 98.7 
Number of subscriptions to cellular mobile telephone se rvices per 1000 population 1) 234.4 280.9 353.3 417.0 512.4 635.9 758.6 882.1 926.1 873.2 
 
EN 103   EN  
 
: = not available 
p = provisional value e = estimated value f = forecast             
Infrastructure Note 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 
Density of railway network (lines in operation, per 1000 km²)  11.1 11.1 11.0 11.1 11.1 11.1 11.1 11.1 11.1 11.5 
Length of motorways (thousand km)  1.8 1.9 1.9 1.9 1.9 1.8 2.0 2.0 2.0 2.0 
            
Innovation and research Note 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 
Spending on human resources (public expenditure on education in  % of GDP)  2.6 2.3 2.8 3.0 3.0 3.1 3.0 3.3 3.0 : 
Gross domestic expenditure on R&D in % of GDP  0.6 0.7 0.7 0.6 0.7 0.8 0.8 0.7 0.7 : 
Percentage of households who have Internet access at home (%) 12) : : : : 7.0 8.0 : 19.7 25.4 30.0 
            
Environment Note 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 
Greenhouse gas emissions, CO2 equiva lent (tons, 1990=100)  159.0 149.0 153.0 162.0 167.0 176.0 187.0 203.0 196.0 : 
Energy intensity of the economy (kg of oil equivalent per 1000 euro GDP)  295.2 293.2 286.8 291.5 279.2 267.1 273.3 282.0 261.5  : 
Electricity generated from renewable sources in % of gross el ectricity consumption  24.3 19.1 25.6 25.2 30.9 24.7 25.5 19.1 17. 3 : 
Road share of inland freight transport (% of tonne-km)   94.3 95.3 95.5 94.6 94.4 94.4e 94.3 : : : 
            
Energy Note 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 
Primary production of all energy products (thousand TOE)  26 047 24 576 24 281 23 783 24 332 24 549 26 580 27 453 29 257 : 
Primary production of crude oil (thousand TOE)  2 887 2 679 2 564 2 494 2 389 2 395 2 284 2 241 2 268 : 
Primary production of hard coal and lignite (thousand TO E)  12 487 12 282 11 360 10 777 10 532 11 213 13 087 14 797 16 674 : 
Primary production of natural gas (thousand TOE)  582 284 344 510 644 816 839 827 931 : 
Net imports of all energy products (thousand TOE)  54 291 49 536 54 234 60 505 63 232 67 266 73 256 80 596 77 413 : 
Gross inland energy consumption (thousand TOE)  80 500 75 402 78 331 83 826 87 818 91 074 99 642 107 625 106 338 : 
Electricity generation (thousand GWh)  124.9 122.7 129.4 140.6 150.7 162.0 176.3 191.6 198.4 194.1 
            
Agriculture Note 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 
Agricultural production volume index of goods  and services (produc er prices, previous 
year=100)  104.2 93.3 108.5 98.0 101.6 106.9 : : : : 
Total utilised agricultural area (thousand hectare)  38 757 40 967 41 196 40 645 41 210 41 223 40 496 39 505 39 073 38 935 
Livestock: cattle (thousand heads, end of period) 13) 10 761 10 548 9 803 9 788 10 069 10 526 10 871 11 037 10 860 10 724 
Livestock: pigs (thousand heads, end of period)  3 3 4 7 4 2 1 2 2 2 
Livestock: sheep and goats (thousand heads, end of period)  35 693 33 994 31 954 32 203 31 811 31 822 32 260 31 749 29 568 26 8 78 
Production and utilisation of milk on the farm (total  whole milk, thousand tonnes)  : : : : : : : : : : 
Crop production: cereals (including ri ce) (thousand tonnes, harvested production)  32 108 29 426 30 686 30 658 33 957 36 471 34  642 29 256 29 287 33 577 
Crop production: sugar beet (thousand tonnes, harvested pr oduction)  18 821 12 633 16 523 12 623 13 517 15 181 14 452 12 415 15  488 17 275 
Crop production: vegetables (thousand tonnes, harvested production)  22 357 21 930 23 698 24 018 23 215 24 320 24 017 25 676 27  214 26 780 
 
EN 104   EN  
1) Mid-year population estimates 
2) Including lakes. 3) The balance of payments sign conventions are used. For FDI abroad a minus sign means  investment abroad by the reporting econ omy exceeded its disinvestment in the period, while an entry without 
sign means disinvestment exceeded investment. For FDI in the repo rting economy an entry without sign means that investment into  the reporting economy exceeded di sinvestment, while a minus sign 
indicates that disinvestment exceeded investment. 4) Before December 2005, M2 included M1 and time deposits (TRY). From December 2005 onwards, M2 included M1 and time deposits ( TRY,FX); central Bank of Turkey (CBRT) buying rate is used when 
converting money supply data in national currency (TRY) to Euro; monetary liabilities of Participation Banks, Investment and De velopment Banks and amount of Money Market Funds are added to money 
supply data beginning from December 2005. 5) Before December 2005, M3 included M2 and official deposits (t ime/demand). From December 2005 onwards, M3 included M2, fund r eceived from repo transactions and money market funds (B type liquid 
funds). Also beginning from December 2005, deposits of Central Go vernment are removed from M3 and other general government depo sit items are classified in M1 and M2 according to maturity; central 
Bank of Turkey (CBRT) buying rate is us ed when converting money supply data in nati onal currency (TRY) to Euro; monetary liabil ities of Participation Banks, Investment and Development Banks and 
amount of Money Market Funds are added to money supply data beginning from December 2005. 
6) Averages of monthly data, lending to enterprises more than one year. 
7) Averages of monthly data, up to one year or longer. 8) Calculated on the basis of ISIC Rev.3, base year 2003 as Paasche. 
9) Unemployment is not defined according to the standard ILO c oncept. A wider definition is used resulting in higher unemployme nt and economic activity rates. For example, the unemployment rate for 
2009 would be 1.5 percentage points lower following the standard ILO definition, and the unemployment rate of persons < 25 year s of age would be 2.6 percentage points lower. 
10) From 2004 onwards, calculated according to mid-year population estimates. 
11) From 2004 onwards, data source is the General Directorate of Public Security. 
12) From 2007 onwards, calculated according to mid-year population estimates. 13) Excluding the number of buffaloes.