EUROPEAN COMMISSION Brussels, 4.5.2016 SWD(2016) 161 final COMMISSION STAFF WORKING DOCUMENT Accompanying the document Report from the Commission to the European Parliament and the Council Third Report on progress by Turkey in fulfilling the requirements of its visa liberalisation roadmap {COM(2016) 278 final}



COMMISSION STAFF WORKING DOCUMENT Accompanying the document Report from the Commission to the European Parliament and the Council Third Report on progress by Turkey in fulfilling the requirements of its visa liberalisation roadmap 1. INTRODUCTION This Commission Staff Working Document (CSWD) accompanies the Commission's Third Report on progress by Turkey (the Third Report) in fulfilling the requirements of its visa liberalisation roadmap (the Roadmap) and provides, for each requirement, an assessment of the state of play of its fulfilment and factual information justifying that assessment. While the Third Report identifies the areas in which Turkey has not yet fulfilled the requirements of the Roadmap, and presents recommendations on the measures to be put in place in order to achieve this objective, this CSWD describes the measures taken by Turkey since the adoption of the first Commission's Report on progress by Turkey in implementing the requirements of its visa liberalisation roadmap (the Second Report) on 4 March 2016. The annex to the CSWD includes the assessment of the impact of the future visa liberalisation for Turkey on the security situation of the European Union, notably in relation to the risk that the visa liberalisation may result in an increase of activity by criminal organisations or terrorist groups in the EU, as well as irregular migration by third country nationals. This annex complements another document which had been included in the CSWD accompanying the Second Report issued on 4 March 2016, and which had provided an assessment of the impact of the future visa liberalisation for Turkey on the migratory situation of the European Union, notably in relation to the risk that the visa liberalisation may result in an increase of irregular migration of Turkish nationals into the EU. The factual information included in these assessments draws on information provided by EU Agencies and other available sources, as well as evaluation missions to Turkey led by the European Commission, assisted by experts from EU Member States.



ASSESSMENT OF THE IMPLEMENTATION 2. Block 1: Document security

1.Turkey should continue issuing machine readable biometric travel documents in compliance with ICAO standards and follow ICAO recommended practice, phasing out of any non-ICAO compliant passports, and gradually introducing international passports with biometric data, including photo and fingerprints, in line with EU standards, especially Council Regulation 2252/2004. Almost fulfilled At the moment there are around 8 million valid passports in circulation in Turkey. As of November 2015, only biometric International Civil Aviation Organisation (ICAO)-compliant passports, bearing chips including a digital picture of the holder are in use. In order to meet the recommendation without delay, Turkish authorities will issue as an interim solution between June and the end of 2016, temporary passports with a short validity duration, which are limited to a maximum production capacity of 10.000 passports a day. The passports use the encryption system EAC (Extended Access Control), which is in line with the current ICAO standards, as well as the 2014 EU standards and contains the fingerprints of the passport holder. The introduction of fingerprints of the passport holders in the chip will ensure a sufficient level of protection. With effect from October 2016, Turkish authorities will start issuing permanent passports with chips including the holders' fingerprints protected with the SAC (Supplementary Access Control) encryption system. The equipment to produce the passports with SAC encryption will be supplied to the Turkish authorities through a project funded by the EU. The SAC is the encryption standard for all new passports issued by EU Member States. Member States are still authorised in exceptional circumstances to issue passports from stocks with chips encrypted only with the EAC encryption system. 2.Implement appropriate administrative measures ensuring the integrity and security of the personalisation and distribution and validation process for international passports and other breeder documents. Fulfilled The system of personalisation and distribution of passports is very secure and well-organised, in line with international standards. The issue of passports is based on a verification of the personal data stored in the electronic database of the civil registry (MERNIS) where each citizen is identifiable by an individual identification number, and the collection of the fingerprints of the applicant. The procedure for the destruction of invalid passports has been strengthened by Turkish authorities as a result of the Visa Liberalisation Dialogue (VLD). On 17 February 2016 the Turkish National Police issued a Circular instructing its staff working with expired passports to systematically invalidate their pages and chips in order to avoid their possible re-use for forgeries. The Circular was elaborated in line with EU Member States' best practices. 3.Establish training programmes and adopt ethical codes on anti-corruption targeting the officials of any public authority that deals with visas, breeder documents or passports. Fulfilled Visas, passports and breeder documents are handled, respectively, by the staff of the Consular Department, the Directorate General for Security (the Turkish National Police), and the Directorate General for Civil Registration and Citizenship. The first of these three entities is part of the Ministry of Foreign Affairs, the latter two are part of the Ministry of Interior. The staff of these three entities is selected in a professional manner and benefit from technical instructions and specialised training, including on anti-corruption matters. 4.Promptly and systematically report to Interpol/LASP database on lost and stolen passports. Fulfilled Turkish authorities report regularly to Interpol regarding lost and stolen Turkish passports.

5.Ensure a high level of security of breeder documents and ID cards and define strict procedures surrounding their application and issuance. Fulfilled It is extremely difficult to use a falsified identity card to obtain the issuance of a passport. This is due to several reasons: the Police offices issuing the passports are linked to the electronic database of the civil registry (MERNIS) and are bound to compare the data indicated in this system with the data in the identity card presented by the passport applicant. This should allow the Police offices to discover any possible falsification or usurpation of identity. The Law on the Civil Registration Services (No. 5490) was modified with an amendment that entered into force on 27 January 2016. As a result of this amendment, all new identity cards to be issued to Turkish citizens as of 14 March 2016 will be: polycarbonate-based; will include biometric identifiers of the holders; and have a maximum validity of 10 years. Until now, however, the distribution of the new card has only started at pilot level. As of 29 April 2016, 11.000 biometric ID cards have already been distributed. Distribution throughout Turkey will start by the end of 2016. The project is expected to be finalised by the end of 2018. 6.Regularly exchange passport specimens, visa forms and information on false documents, and cooperate on document security with the EU. Fulfilled Until recently, Turkish authorities only occasionally exchanged passport specimens with some Member States and did not regularly exchange information regarding false documents with any Member States. As a result of the VLD there has been an improvement in collaboration with Turkish authorities. As of 25 February 2016, the Turkish authorities started entering data via Dial-Doc databases by Interpol on false documents and visas as well as on new methods in use by smugglers. The Turkish authorities set up on 8 April 2016 three "police liaison bureaus" in Istanbul Ataturk, Istanbul Sabiha Gokcen and Antalya international airports. The first and third of them have started to function. These offices will include specialised staff working 24/7 on suspicious, false or fraudulent EU travel documents. These bureaus will establish working relations with the EU Member States' police liaison officers (and with other relevant authorities) in order to exchange information on documents. The specific tasks of the Bureau will be as follows: Inform carriers and private security companies on security risks; Inform foreign liaison officers on security risks; Transmit the notifications received from foreign liaison officers and authorities to relevant Turkish authorities, carriers and private security companies; Maintain constant contact with foreign security officers to coordinate security issues regarding passengers entering and exiting Turkey; Form necessary communication archives to perform its tasks in a swift and efficient manner. The Turkish National Police invited the EU liaison officers on 2 May 2016 to the Bureau in Atatürk airport for a guided visit and a meeting. 7.Adopt and implement measures ensuring the integrity and security of the civil status and civil registration process, including the integration and linking of the relevant databases and the verification of scanned data against the civil status database, paying particular attention to the amendment of individuals’ basic personal data.

Fulfilled The civil registry system of Turkey is organised and managed in a robust manner, in line with international standards. Identity documents are issued on the basis of breeder documents handled in a reliable manner. Information is stored not only on paper documents, but also in an electronic database (MERNIS). Access to both archives for retrieval and introduction of data is well regulated. Modification of personal data stored in these archives is possible only on the basis of judicial decisions. Each person registered in the Civil Registry is attributed an identification number which cannot be changed under any circumstances, even in case of change of name. The Police staff in charge of assessing requests for new passports is obliged to consult the MERNIS before approving the issue of the new document. 3. BLOCK 2: MIGRATION MANAGEMENT 3.2.1. Border management 8.Carry out adequate border checks and border surveillance along all the borders of the country, especially along the borders with EU member states, in such a manner that it will cause a significant and sustained reduction of the number of persons managing to illegally cross the Turkish borders either for entering or for exiting Turkey. Fulfilled All border crossing points in Turkey are managed by the Turkish National Police (TNP) and by the Customs Enforcement Service, which are respectively in charge of inspecting the persons and the goods on the basis of the relevant accompanying travel documents. Sea borders are handled by the Coast Guard, which is responsible for controlling the territorial waters of the country. Turkey's land borders are guarded by Land Forces. The Gendarmerie is the leading law enforcement agency in all rural areas of the country, complementing the role played by the Turkish National Police in urban areas. Although the Gendarmerie is not directly in charge of the surveillance of any border, it plays a very important role in border management, because it is in charge of surveillance on the coasts and the rural areas adjacent to the land borders, thus complementing the work done by the Coast Guard and the Land Forces. During 2015, irregular departures of migrants and refugees from the Turkish territory towards the EU, at the land and sea borders, reached an unprecedented level. While in 2013 and 2014 the number of persons who arrived in the territory of EU Member States directly from the Turkish territory were 25.121 and 52.994 respectively, in 2015 the number increased to 888.457, which meant a daily average arrival of 2.430 persons. Around 98% of irregular entries took place in the Greek Aegean islands by persons departing from the nearby Turkish Aegean coasts. The remaining 2% were persons crossing the land border with Greece and Bulgaria. The law enforcement agencies of Turkey did not manage to prevent such a quantity of departures. Nevertheless, according to Turkish authorities, in 2015, they detected 207.249 irregular migrants, i.e. a daily average of 567 persons, which indicates an exceptional effort to reduce the migratory pressure on the Greek islands. These preventive measures, along with the worsening weather conditions in winter, started to have an effect in the last months of 2015 and contributed to a reduced daily average arrival rate registered in Greece from 6 988 in October 2015 down to 1.987 and 1.942 in January and February 2016 respectively. The Coast Guard intercepted 88.637 persons along the Aegean coast before they could exit the territorial waters, while 2.617 and 357 persons where intercepted in the Mediterranean region (nearby Antalya) and in the Marmara sea. 54.874 persons were apprehended on land in 2015 by Land Forces, Police and the Gendarmerie. In 2016, the three law enforcement agencies of Turkey are continuing their efforts to prevent irregular departures, including through introducing norms aimed at reducing the possibility of refugees registered in Turkey to freely move within the country beyond the specific provinces in which they are requested to reside. This has the objective to prevent them from approaching the Aegean coasts and the Western borders of the country for the purpose of irregular migration. By 4 April 2016, 67.450 irregular migrants were apprehended, i.e. a daily average of 713, the majority along the Aegean coast and the Western land borders with Greece and Bulgaria. A further drastic reduction of irregular departures, which fell from a daily average of around 2000 in January and February 2016 to 140 in April was the result of these efforts as well as the commitments taken by Turkey to readmit all irregular migrants who arrived after 20 March 2016, as expressed at the EU-Turkey Summit of 18 March 2016. In this context, some irregular departures continue to take place from the Turkish Aegean coasts without Turkish authorities managing to stop them. However, given the geographic complexity of the Turkish Aegean coast and the extreme proximity of the Greek islands, it is not possible to eliminate these numbers completely. It should be also noted that the Turkish authorities reached moderate results in the prevention of irregular migration entering into Turkey across its Eastern borders, notably at the border with Iran. The latter represents the main area of irregular entry into Turkey for Afghani migrants and refugees, as well as for Pakistani, Bangladeshis and Myanmaris (in 2015 more than 200.000 Afghans arrived irregularly to Greece coming from the Turkish territory; most of them appear to have entered Turkey by irregularly crossing the Iranian-Turkish border). In 2015, the Land Forces, Gendarmerie and the Police in the provinces located along the Eastern borders of Turkey had jointly managed to intercept only 1.949 irregular migrants in the province of Van, 1.667 in the province of Hakkari, 1.169 in Agri and 1.054 in Artvin. In 2016, however, the Turkish authorities increased their efforts also along the Eastern borders. As a result, in the first three months of the year, the Turkish authorities intercepted 12.250 irregular migrants in the province of Hakkari, 409 in Agri, 250 Artvin and 160 in Van.

9.Adopt and effectively implement legislation governing the movement of persons at the external borders, as well as legislation on the organisation of the border authorities and their functions, in accordance with the 'National Action Plan for the Implementation of Turkey's Integrated Border Management strategy', approved on by Turkish authorities on 27th March 2006, and in line with the principles and best practices enshrined in the EU Schengen Border Code and the EU Schengen Catalogue. Fulfilled In line with the 'National Action Plan for the Implementation of Turkey's Integrated Border Management strategy', Turkey should have reformed the organisation of its border management system and established a single civilian border agency which would be in charge of controlling all borders of the country, currently managed by several separate bodies, i.e. the Land Forces along the land borders, the Turkish National Police at the border crossing points and the Coast Guards at the sea borders. In 2013 and 2014, during the first years of the VLD, Turkish authorities continued working on this ambitious reform. Due to the difficult geopolitical situation faced by the country as a result of the wars in Syria and Iraq, which imposed, at least on all the Southern and Eastern borders of the country, progress in implementing the reform has slowed down. On the other hand, the Turkish authorities informed that the concept of integrated border management will be implemented and, in this perspective, they were planning to ensure, as recommended by the Commission in its first progress report, a stronger cooperation and coordination mechanism between the separate bodies in charge of border management. On 17 March 2016, a by-law requesting all law enforcement and border agencies to cooperate more tightly entered into force. The Ministry of Interior instructed all the Governorships across Turkey on the effective implementation of the by-law. 10.Take the necessary budgetary and other administrative measures ensuring the deployment at the border crossing posts and along all the borders of the country, especially on the borders with the EU member states, of well-trained and qualified border guards (in sufficient number), as well as the availability of efficient infrastructure, equipment and IT technology, including through a more extensive use of surveillance equipment, in particular electronic means, mobile and fixed, video surveillance, infrared cameras and other sensor systems. Fulfilled The movement of persons across Turkish border crossing points is registered and monitored by the Turkish National Police through an electronic database, POL-NET, which is accessible from all the border crossing points of the country, where all entries and exits of persons are registered. The system is connected to other databases, allowing real time verification whether the person trying to cross the border is in the list of persons wanted by the judicial or the police authorities, or on the list of persons declared inadmissible for any legal reason including past records as irregular migrant, or whether his/her passport was declared lost or stolen. The Police officers at the border crossing points are equipped with basic tools allowing for the inspect the quality of passengers' travel documents. A "second line" of well-trained policemen is always present in the back offices of all border crossing points to carry out more thorough inspections of suspicious travel documents and to consult the Interpol databases. Land border detachments are based in border stations and observation towers near the border. Land forces are responsible for surveillance and patrolling in an area extending a maximum of six kilometres into the territory from the border. A second line of surveillance is handled by the Gendarmerie. The Land Forces of Turkey make significant use of conscripts led by officers that are generalists. However, in recent years they have been increasing the use of contractual professional soldiers for border surveillance tasks in order to increase the training of the conscripts assigned to the border detachments and to facilitate permanent detachments of officers willing to specialise in border surveillance activities. The Turkish authorities have strengthened controls along the Syrian border through the construction of obstacles, fences, illuminations and patrolling roads. Two EU-funded projects will contribute to the supply of surveillance equipment to the Land Forces deployed along the borders with Iran and Iraq. The implementation of these projects will take place over the next of years. Two other EU-funded projects are contributing to the modernisation of Land Forces’ capability along the land borders with Greece and Bulgaria and to the development of cooperation between the border guards of these two countries. The Coast Guard is organised on the basis of regional commands (Istanbul, Izmir, Mersin, Samsun) and uses both patrolling vessels and aircraft for patrolling and search-and-rescue activities. The Coast Guard has been enhancing its technical and human resources, notably in the Aegean region. An EU-funded project will supply patrolling boats and other equipment and support to the Turkish Coast Guard. Turkey is financing the development of a coastal radar system along the entire Turkish coast, expected to be completed by 2020, although certain areas of more critical importance, i.e. the Aegean coast, may already be completed by 2017. 11.Enhance cooperation and information exchange between the staff and bodies in charge of border management, the custom service and the other law enforcement agencies, in view of enhancing the capacity to collect intelligence, to use human and technical resources efficiently, and to act in a coordinated manner.

Fulfilled In the first months of 2015, law enforcement agencies (notably the Gendarmerie with the Coast Guard and the Police) stepped up their cooperation in the prevention of irregular migration, by increasing the number of joint operations and sharing intelligence and information more frequently. The by-law on Inter-institutional Cooperation and Coordination in the Field of Border Management entered into force on 17 March 2016. It foresees the setting up of the National Coordination and Joint Risk Analysis Centre to coordinate data exchange and other activities related to joint risk analysis by public entities in charge of border management and with other relevant public entities. In accordance with the by-law, the first meeting of the Border Management Implementation Board was held on 31 March 2016 under the chairmanship of the Undersecretary of the Ministry of Interior. The Ministry of Defence, Ministry of Foreign Affairs, Ministry of EU Affairs, Ministry of Transport, Maritime Affairs and Communications, Ministry of Health, Ministry of Customs and Trade, Ministry of Agriculture, Turkish Intelligence, Turkish National Police, Turkish General Staff, Directorate General for Migration Management (DGMM), Turkish Land Forces, Turkish Gendarmerie and Turkish Coast Guard were represented in the meeting. The Board took the decision to establish the National Coordination and Risk Analysis Centre (NACORAC) and to reinforce the identification of migrant smuggling methods through risk analysis along the borders. Following this decision, NACORAC started to operate on 3 May 2016. A total of 20-25 staff is expected to take up duties. It is located in a temporary venue within the 112 Ankara Urgency Call Centre until September 2016, when the infrastructure preparations of its own building will be finalised. The Ministry of Customs, Turkish Land Forces, Turkish Gendarmerie, Turkish Coast Guard, Turkish National Police, DGMM, Ministry of Health and Ministry of Agriculture will be represented in the Centre. The Ministry of Interior will provide the necessary budget for the Centre. An EU-funded project will support the functioning and development of the NACORAC. 12.Establish training programmes and adopt ethical codes on anti-corruption targeting the border guards, customs and other officials involved in the border management. Fulfilled The by-law on Ethical Principles for Law Enforcement, in force since 2007, defines the principle duties to maintain justice, objectivity, honesty, competence, transparency and accountability. The by-law on Inter-institutional Cooperation and Coordination in the Field of Border Management entered into force on 17 March 2016 and foresees the establishment of common ethical rules on corruption and border control rules. Common ethical rules have been prepared and discussed in a meeting hosted by the Ministry of Interior with the participation of relevant authorities on 22 March 2016. The rules were adopted during the first meeting of the Border Management Implementation Board held on 31 March 2016. Training programmes promoting their implementation are being prepared. 13.Implement in an effective manner the Memorandum of Understanding signed with FRONTEX, including by developing joint cooperation initiatives and exchanging data and risks analysis. Fulfilled In May 2012, Frontex signed a Memorandum of Understanding with Turkish authorities, which is being implemented since 2013 through a triennial Cooperation Agenda. In February 2016, Frontex intensified its cooperation with Turkish authorities in the collection and assessment of statistical data on irregular migration in the framework of the TU-RAN project. In April 2016 the officer appointed as Frontex liaison officer to Turkey was effectively deployed in Turkey. 14.Ensure that border management is carried out in accordance with the international refugee law, in full respect of the principle of non-refoulement and effectively allowing the persons in need of international protection to have access to asylum procedures. Fulfilled Since 2011, Turkish authorities have allowed entry into Turkey and access to temporary protection status and to individual asylum procedures to around 2.7 million refugees fleeing the conflict in Syria, and between 200.000 and 300.000 persons in need of international protection originating from other countries (mostly Iran, Afghanistan and Iraq).

No cases of push-backs of persons seeking protection have been reported along the borders with Iran. In some cases, the entry of persons seeking protection from Iraq and Syria has been delayed, obliging people to wait at the border. However, this was normally followed by the authorisation to cross the border once it became apparent that the safety or the medical conditions of the waiting persons imposed it. Amnesty International, through a report published in November 2015, has declared that Turkish authorities may have forcibly returned some arrivals from Syria. These allegations have been rejected by Turkish authorities, who declared that all returns towards Syria were of a voluntary nature. Although Turkish legislation does not include an official declaration stating that Lebanon and Jordan are safe third countries, Syrian refugees arriving from these two countries and requesting asylum at the Turkish border are not given access to temporary protection and are returned to these two countries, in the assumption that they will not be submitted to danger, mistreatment or expulsion. As of 7 April 2016, the Turkish Government has also modified the provisional Article 1 of the Regulation on Temporary Protection to ensure that Syrians returned from Greece to Turkey who were not previously registered as beneficiaries of temporary protection could be granted temporary protection status upon their return from Greece. Through letters sent to the European Commission in April 2016, the Turkish authorities have given guarantees that all the Syrians returned from Greece to Turkey will be granted temporary protection status upon their return from Greece, and that all non-Syrian migrants returned from Greece to Turkey willing to request asylum in Turkey will be given the possibility to do so. As of 29 April 2016, UNHCR has also been guaranteed access to the removal centres and to speak with the migrants detained, allowing the Agency to fulfil its protection mandate. 15.Ensure adequate cooperation with the neighbouring EU Member States, aiming in particular at reinforcing the management of the borders with EU Member States. Fulfilled Turkish border authorities are regularly cooperating with Greek and Bulgarian authorities along their common land border for the prevention of irregular crossing by migrants. Turkey has ratified on 25 March 2016 the agreement signed in June 2015 with Bulgaria and Greece establishing at the Captain Andreevo border crossing point the Tripartite Centre for cooperation in the fight against border crime and migrant smuggling. The agreement will start being implemented as soon as the other parties complete the ratification process and the the offices at the Capitan Andreevo Centre are completed. Following discussions started in December 2015, Turkish and Greek authorities are working to set up a secure communication line linking the headquarters of the two Coast Guards, allowing for exchange of information on smugglers and on irregular migration attempts. The line will be established as soon as the technical features are agreed. Bilateral meetings took place between Turkish and Greek authorities to develop cooperation in the prevention of irregular migration and to facilitate the readmission of irregular migrants. In that context, the Turkish Coast Guard has deployed a liaison officer to the Turkish Embassy in Athens and the Greek Coast Guard has deployed a liaison officer to the Greek Embassy in Ankara. In the second half of March 2016, Turkish liaison officers were also deployed to the main Greek islands in the Aegean region to strengthen cooperation with Greek authorities in the prevention of irregular migration and in readmission matters. 3.2.2. Visa policy 16.Enhance training on document security at the consular and border staff of Turkey, and develop and use the Turkish Visa Information System. Fulfilled Turkish consular and border staff is increasingly offered training on document security. The Turkish visa system (Konsulnet), which is also fed by the Turkish E-visa system, is being connected to Gocnet (the database of the DGMM registering the information on foreigners arrived to the country) and Polnet (the Police database registering entries and exits of nationals and foreigners across the Turkish borders). 17.Abolish issuance of visas at the borders as an ordinary procedure for the nationals of certain non-EU countries, and especially for countries representing a high migratory and security risk to the EU. Fulfilled

Since 1 January 2015 the nationals of all 47 Sub-Saharan Africa countries, which are considered as potential sources of irregular migration cannot any longer obtain a visa at the border. As of 1 January 2016, in line with Article 13 of the Law on Foreigners and International Protection, issue of visas at the borders has become “exceptional” for a duration of 15 days. Currently, only nationals of Kuwait and Malta can receive visas issued at the border on a regular basis. 18.Put in use the new Turkish visa stickers with higher security features, and stop using stamp visas. Fulfilled As of 8 November 2014, all Turkish Embassies started using visa stickers including high security features, instead of visa stamps. E-visas include bar-codes which are difficult to duplicate and verified electronically through scanning at the border crossing point. 19.Introduce airport transit visas. Fulfilled The legal capacity to impose transit visas has been given to the Turkish Government by the Law on Foreigners and International Protection, which entered into force on April 2014. In February 2016, Turkish authorities informed the European Commission that they have identified 18 countries, (Afghanistan, Bangladesh, Democratic Republic of Congo, Eritrea, Cote D’Ivoire, Ghana, South African Republic, Cameroon, Congo, Mali, Myanmar-Burma, Nigeria, Pakistan, Somali, Sri Lanka, Sudan, Uganda), that will be submitted to airport transit visas due to being countries of origin of irregular migration. On 29 April 2016, in accordance with the Law on Foreigners and International Protection, the Ministry of Foreign Affairs and the Ministry of Interior has formally decided to prepare the necessary infrastructure to introduce airport transit visas for nationals of the abovementioned 18 countries as of 1 September 2016. 20.Amend the rules on the basis of which Turkey allows the entry into its territory to the nationals of the main countries representing important sources of illegal migration for the EU, in the aim of making the access more difficult for those willing to enter the Turkish territory with the purpose to subsequently attempt to illegally cross the external borders of the EU. Fulfilled On 24 September 2015, Turkish authorities reintroduced the visa obligations for Libyan citizens. On 8 January 2016, Turkish authorities introduced visa obligations to Syrian citizens arriving to Turkey through a seaport or airport from a third country, notably to stem the flows originating from Lebanon and Jordan. Furthermore, on 6 February 2016 Turkey strengthened visa obligations on Iraqis, who in 2015 represented the third most represented country of origin of irregular migration into the EU via Turkey after Syrians and Afghans. In February 2016, Turkish authorities strengthened the criteria to grant access to e-visas, which represents an important facilitation to enter Turkey, as it allows the visa applicant to avoid logistical problems, waste of time, costs and embarrassment deriving from approaching and being questioned by an Embassy in order to obtain a visa. Until February, the citizens of the African and Asiatic countries submitted to the Turkish negative list, who declared that their passport held a valid visa or residence permit of any Schengen or OECD country, were entitled to obtain an e-visa. After February this possibility is limited to the holders of Schengen, USA, UK and Ireland visas and residence permits, in order to make it easier for police officers at border crossing points to recognise and verify the quality of these residence permit and visas. Furthermore, Turkish authorities have put in place separate counters at most border crossing points, which e-visa holders are required to use, and where the control on the residence permits and visas can be carried out in a thorough manner. Following the measures taken to strengthen the visa requirements for Syrian and Iraq citizens mentioned above, Turkish authorities have taken no additional restrictive measures on other nationalities who are allowed to enter visa-free into Turkey and who in 2015 were frequently found staying irregularly in Turkey or entering the EU irregularly from Turkey. Of the 888.457 irregular arrivals to the EU from Turkey, the main nationalities were as follows: 498.040 (56%) were Syrians, 214.552 (24%) Afghans, 93.028 (10 %) Iraqis, 24.291 (3%) Pakistanis, 23.087 (3%) Iranians, 7.419 Moroccans (1%), 6.368 Palestinians, 4.538 Somalians, 3.689 Bangladeshis, 2.044 Lebanese, 1.416 Algerians etc. Iranians, Moroccans and Lebanese are exempted from visa obligation to enter Turkey. Based on statistics published on DGMM website, in 2015 Turkish authorities apprehended 146.485 irregular migrants (i.e. persons having irregularly entered or staying irregularly in Turkey), around 2.5 times more than in 2014 (58.647). Main countries of origin concerned were Syria (73.422) Afghanistan (35.921), Iraq (7.247), Myanmar (5.464), Pakistan (3.792), Georgia (2.857), Islamic Republic of Iran (1.978), Eritrea (1.445), Uzbekistan (1.393), Turkmenistan (1.241) etc. Citizens of Georgia, Iran, Uzbekistan and Turkmenistan are exempted from visa obligation to enter Turkey but are authorised to stay visa-free on its territory for a limited period of time.

21. Pursue the alignment of Turkish visa policy, legislation and administrative capacities towards the EU acquis, notably vis-à-vis the main countries representing important sources of illegal migration for the EU. Fulfilled This benchmark does not require Turkey to be perfectly aligned with the EU visa system but it requires progress towards this objective. At the moment, the countries whose nationals are required to hold a visa when entering the Member States and that have a visa waiver for Turkey are: Azerbaijan, Belarus, Belize, Bolivia, Georgia, Iran, Jordan, Kazakhstan, Kyrgyzstan, Lebanon, Mongolia, Morocco, Russian Federation, Tajikistan, Thailand, Tunisia, Turkmenistan, Ukraine, and Uzbekistan. The citizens of other countries that are in the negative list of the EU (Algeria and Egypt, the countries of Sub-Saharan Africa, and many countries in Southern and Eastern Asia, such as Afghanistan, India, Pakistan, Bangladesh, Vietnam, China), also need to obtain from an Embassy a visa to enter Turkey (unless they can prove that they hold a valid visa or residence permit issued by a Schengen country, the USA, Ireland or the United Kingdom, in which case they still need a visa to enter Turkey, but may simply obtain it through an e-visa) . Furthermore, on 6 February 2016 Turkey strengthened visa obligations on Iraqis, who in 2015 represented the third country of origin of irregular migration into the EU via Turkey after Syrians and Afghans. In recent months, Turkish authorities took decisive steps in improving the visa system, which is based on the EU model. In particular on 16 February 2016, the Ministry of Foreign Affairs has sent to all Turkish missions abroad on conducting a comprehensive risk analysis in visa applications, with focus on certain categories of persons and situations. The Ministry also circulated additional instructions to the Turkish missions located in source countries of migration and terrorism. On 26 April 2016, a Directive on Principles and Procedures Regarding Assessment of Visa Applications was also issued. Consequently, the consultation between the Turkish missions abroad and Ankara has been intensified in the evaluation of visa applications. As part of the risk analysis, visa applications are now also submitted to the Ministry of Interior (DGMM, Turkish National Police) and/orTurkish National Intelligence Organisation. As a result of these instructions, the Turkish missions abroad frequently request additional supporting documents from visa applicants and carry out more in-depth analysis of their profiles. 22.Allow non-discriminatory visa-free access to the Turkish territory for the citizens of all the EU Member States. Fulfilled On 2 May 2016, the Turkish Government adopted a decree stating that the citizens of all Member States will be able to enter Turkey from the date of the lifting of the visa requirement for Turkish citizens. This ensures the end of the discriminatory visa requirement to which citizens of eleven Member States (Austria, Belgium, Croatia, Cyprus, Ireland, Malta, the Netherlands, Poland, Portugal, Spain and the United Kingdom) are still subject. 3.2.3 Carriers’ responsibility 23.Adopt and effectively implement the legislation on carriers' responsibility defining sanctions. Fulfilled A by-law regulating the carriers’ obligations and introducing sanctions for carriers transporting passengers without valid travel documents entered into force on 7 November 2015. 3.2.4. International Protection

24.Adopt and effectively implement legislation and implementing provisions, in compliance with the EU acquis and with the standards set by the Geneva Convention of 1951 on refugees and its 1967 Protocol, thus excluding any geographical limitation, so as to ensuring the respect of the principle of non-refoulement, taking into account also the European Convention on Human Rights, the possibility to lodge an asylum request and to obtain the refugee status protection or a subsidiary form of protection for any person in need of international protection, and allowing the UNHCR to effectively fulfil its mandate on the Turkish territory without restrictions; Fulfilled The Turkish asylum system is based on the Law on Foreigners and International Protection of 4 April 2014 in conjunction with a Regulation on the implementation of the Law on Foreigners and International Protection of 17 March 2016. The Law provides for the following international protection statuses: refugee status, (Geneva Convention Refugees fleeing from events occurring in a European country); conditional refugee status (Geneva Convention Refugees, who are fleeing from events occurring in a non-European country); secondary protection (persons who not qualifying for the previous two forms of protection, but may not be returned to their country of origin due to indiscriminate violence or other ill-treatment); temporary protection, which was triggered for Syrians displaced by the Syrian conflict by the Temporary Protection Regulation of 13 October 2014 as amended by Cabinet Decree of 6 April 2016 and complemented by the Regulation on work permits of foreigners under temporary protection of January 2016. While Turkey still maintains a geographical limitation to the Geneva Convention, internal Turkish legislation now appears to afford to Geneva Convention Refugees protection broadly equivalent to the Geneva Convention. Syrians under temporary protection requesting assistance are offered the possibility to be hosted in reception centres; those willing to live on their own are authorised to settle in the province of preference in Turkey, and are granted, whenever they settle, free access to public health care and education and social assistance; however they can only access social services and a work permit in the province where they are registered. The Note 2016/8 issued by the Government on 15 March 2016 limits their unauthorised mobility beyond the limits of the province of registration to prevent possible attempts to reach and depart from the Aegean coasts. As of 31 January 2016 DGMM has registered 2.582.600 persons (mostly Syrians, but in a few cases also some Palestinians that used to live in Syria) as beneficiary of temporary protection. As regards non-Syrians, an asylum claim may be introduced in any of the 81 Turkish provinces, as well as in any border crossing point. Nevertheless, during the asylum procedure and afterwards the international protection applicants are requested to live in one specific province of Turkey (selected out of a list of 61, which excludes Istanbul, the Marmara and the Aegean region, as well as the South-Eastern and some North-Eastern provinces of the country) with restrictions on travel to other provinces without authorisation. The persons assigned to live in a province are obliged to report regularly to DGMM authorities (for instance by signing a book of presence once per week or every two weeks). In case the person absconds and fails to report more than three times to the authorities, his/her international protection application is considered automatically withdrawn in line with article 71 of the Law. In case the person reappears, he/she may still reintroduce an asylum application, which however may be considered on the basis of an accelerated procedure. Asylum procedures related to non-Syrians have been implemented by DGMM until recently with major delays. At the beginning of April 2016, the overall backlog of pending asylum requests was 141.530. During April 2016, DGMM mobilised additional human and technical resources and started to implement a plan aimed at progressively reducing this backlog by a significant number per month (12.000 to 13.000 applications), while ensuring that from now on the newly launched procedures will not last more than the 6 months period prescribed by law from the date of registration until the decision on the application. By early May 2016, a first very significant reduction (31.000 out of 140.000 applications) was already noted, which is expected to allow for a total elimination of the backlog by the end of the year. 25.Establish a specialised body responsible for the refugee status determination procedures with the possibility for an effective remedy in fact and law before a court or tribunal as well as for ensuring the protection and assistance of asylum seekers and refugees and provide that body and its staff with adequate working capacity and training; Fulfilled The Law on Foreigners and International protection established the DGMM as the specialised body responsible for the refugee status determination procedures in Turkey. DGMM is effectively entitled to issue decisions on asylum procedures since 11 April 2014. In an initial period, while its staff was mostly under recruitment and training, asylum procedures continued to be carried out by the Foreigner department of the Turkish National Police, the same institution in charge of the issue before the establishment of the DGMM, which however now acted on behalf of DGMM under the supervision of its central offices and in respecting the newly adopted law. Since 18 May 2015 DGMM, completed the recruitment and training of its staff, and put in place its electronic database (GOCNET), it has been handed over by the Foreigners Department of the Police (which has been closed) the effective task to carry out asylum procedures. While DGMM is in charge of asylum procedures, the Law also foresees remedies allowing the unsuccessful asylum seekers to appeal against its decisions. The appeal can be lodged upon the International Protection Assessment Committee (an administrative body, where an UNHCR representative sits as observer) or to an administrative court. The appeal system is effectively running. Since 2014, 28 cases have been ruled by the administrative courts following appeals filed by foreigners. 19 of these cases were about the rejection of international protection application; only in 1 of the cases did the appellant win, in all other 27 cases the DGMM won. 26.Provide adequate infrastructures and sufficient human resources and funds ensuring a decent reception and protection of the rights and dignity of asylum seekers and refugees. Fulfilled Syrians under temporary protection requesting assistance are offered the possibility to be hosted in reception centres, where they are given accommodation, food, schooling, health care. There are 26 of such reception centres in Turkey (mostly located in the provinces near by the border with Turkey) where are hosted around 270.000 persons (figures fluctuate on a daily basis). In two of the 26 centres are also hosted 11.319 Iraqis. Set this aside, non-Syrian international protection applicant and beneficiaries had until now little access to public shelter. The only reception centre available (Yozgat) has a very limited capacity (100 places).

During the reporting period, however, DGMM has taken steps to expand its hosting capacity for non-Syrians in the near future: a reception centre –built with EU financial support- has just been made available in Erzurum (capacity of 750 places), two more are planned to be built in Ankara and Konya (the latter focussing on asylum seekers that are unaccompanied minors). 27.Persons who are granted a refugee status should be given the possibility to self-sustain, to access to public services, enjoy social rights and be put in the condition to integrate in Turkey. Fulfilled All Syrian and non-Syrian asylum seekers and refugees have access to public services and social rights. All Syrians under temporary protection and non-Syrian international protection applicants and beneficiaries of asylum are granted free access to health care and schooling in public structures, with the costs being borne by the Turkish State (around 70 million Turkish liras spent between 2014 and February 2016 as a premium for the health care insurance). Non-Syrians also had access to social assistance whenever considered necessary: over 45 million Liras were granted to them between 2014 and 2015. Through mobilisation of various funds (notably the Instrument for Pre-Accession Assistance (IPA), the funds of the European Commission Humanitarian Office (ECHO), the Instrument contributing to Peace and Stability (IcPS) and the Facility for Refugees in Turkey (FRIT), the EU will provide an increased support to refugees and their hosting communities to ensure an effective access to social services, a priority target being an increase in the share of children having access to schooling. The Regulation on Syrians under Temporary protection and the Law on Foreigners an International Protection state the principle that Syrians and non-Syrian international protection applicants and beneficiaries may have access to legal employment at conditions to be determined. These conditions were effectively set for Syrians under temporary protection in a by-law that entered into force on 15 January 2016, which inter alia gave unrestricted access to seasonal works and job opportunities in rural areas, as well as access to employment positions for which Turkish applicants may not be On 26 April 2016, the Government has issued a Regulation setting comparable terms of access to the labour market to all applicants and beneficiaries of the international protection in Turkey. 28.Adopt and implement legislation providing for an effective migration management and including rules aligned with the EU and the Council of Europe standards, on the entry, exit, short and long-term stay of foreigners and the members of their family, as well as on the reception, return and rights of the foreigners having been found entering or residing in Turkey illegally. Fulfilled The Law on Foreigners and International protection adopted on 11 April 2013, in force since April 2014, was designed by taking direct and explicit inspiration from the EU acquis on migration and migrants' rights, although its alignment to the acquis is not precise. The by-law implementing the Law on Foreigners and International Protection entered into force on 17 March 2016 and defines in detail how the Law should be applied. DGMM is in charge of the implementation of the Law in all its aspects. 29.Set up and start to apply a mechanism for the monitoring of migration flows, with data both on regular and illegal migration; establish bodies responsible for collection and analysis of data on migration stocks and flows; and develop a situational picture on illegal migration flows at national, regional and local level, as well as on the different countries of origin of the illegal migration, including implementation of risk analysis and intelligence. Fulfilled For a long time Turkish authorities have been unable to provide detailed and consolidated statistical data on the irregular migration phenomena in Turkey which therefore also hampered their capacity to elaborate any trend assessment. Since its creation, DGMM is now in charge of the collection of statistics and the elaboration of analysis on all the migratory flows as well as, jointly with the law enforcement agencies, of the risk analysis. DGMM is currently able to elaborate in real time data at provincial level of the number of irregular migrants apprehended. DGMM feeds also the collection of statistical data (TU-RAN project) organised by Frontex with Turkish authorities and other countries of the region (Bulgaria, Romania, Cyprus).

On 10 February 2015, DGMM has established a Strategy and Analysis Working Group under its Migration Policy and Projects Department. On 3 March and 15 April 2016, DGMM has published the Annual Migration Reports for 2014 and 2015. On 12 April 2016, the Turkish National Police instructed 163 land, air and sea border gates to collect risk analysis statistics on forgery and inadmissible passengers (origin and targeted destination countries). However, using available data in view of elaborating operational and detailed risk analysis remains a capacity which DGMM has to develop further. 30.Take measures improving the capacity to investigate cases of organised or facilitated illegal migration. Fulfilled A unit specifically in charge of the fight against migrant smuggling and human trafficking has been established on 4 February 2016 within the Turkish National Police, taking inspiration from the Unit already set up within the Turkish Coast Guard. The Turkish Gendarmerie also created a separate unit on migrant smuggling and human trafficking as of February 2016. Operational cooperation between the above-mentioned law enforcement structures having different areas of responsibilities as well strategic risk analysis are still to be developed. Higher penalties for migrant smugglers were proposed by the Government for Parliament’s approval. The amendment to the Turkish Penal Code foresees a prison sentence of up to 10 years and a pecuniary penalty of up to 15.000 TRL. 31.Effectively seek to conclude and implement readmission agreements with the countries that represent sources of important illegal migration flows directed towards Turkey or the EU Member States. Fulfilled In January 2016 Turkish authorities sent draft readmission agreements and proposed to start their negotiation to the authorities of 14 countries: Afghanistan, Bangladesh, Algeria, Eritrea, Morocco, Ghana, Iraq, Iran, Cameroon, Congo, Myanmar, Somalia, Sudan, Tunisia. Turkish authorities are currently holding preliminary talks with the authorities of many of these countries, which may soon lead to formal negotiations commencing. Turkish Parliament has ratified on 7 April 2016 the readmission agreement which Turkish authorities had signed with Pakistan in 2010. The agreement entered into force on 20 April 2016. In March 2016, the Government submitted to Parliament for ratification the draft readmission agreements with Nigeria, Yemen, Montenegro and Kosovo. 32.Ensure sufficient financial and human resources for effective migration management, including also adequate training programs. Fulfilled DGMM has large human, technical and financial resources, well-trained experts and offices in all the provinces of the country. Substantial funds are allocated by Turkey as well as by the EU to the implementation of the DGMM-led financial programmes.

33.Ensure effective expulsion of illegally residing third-country nationals from its territory. Fulfilled Turkish authorities are regularly returning or making attempts to return irregular migrants towards their countries of origin. They experience a success rate similar to the highest-performing EU Member States in this area. Specific difficulties to return irregular migrants relate to Afghanis, as well as to Myanmaris (a nationality which Pakistanis and Bangladeshis apprehended as irregular migrants in Turkey often pretend to hold to avoid deportation towards their respective countries of origin). In 2015, Turkish authorities managed to return 18.591 irregular migrants to their countries of origin. In the first four months of 2016 this number had reached 3.900. 34.Establish the conditions allowing a voluntary return to the third country nationals expelled from its country and willing to use this modality. Fulfilled In December 2015, DGMM has started to implement, jointly with IOM, an EU-funded project supporting the assisted voluntary return of 750 irregular migrants. By the end of 2016 another project targeting 5.000 persons will be launched. The possibility for voluntary return in Turkey, although foreseen already in principle under the Law on Foreigners and International Protection, is regulated through a specialised directive issued by DGMM on 15 April 2016. The Roadmap on the establishment of a national voluntary return mechanism was adopted on 26 April 2016 and has started to be implemented. 35.Provide adequate infrastructure (including detention centres) and strengthen responsible bodies to ensure effective expulsion of illegally residing and/or transiting third country nationals from the Turkish territory, while offering all the needed legal aid, as well as social and psychological assistance, and decent and fair detention conditions and removal procedures, to the returnees. Fulfilled Turkish authorities have been intensively working to establish adequate removal centres for irregular migrants to be returned or just readmitted. The total capacity of the 18 removal centres currently operated by DGMM is 4.460. As of June 2016, DGMM will be operating 25 removal centres with a total capacity of 14.060 persons. The construction of a removal centre in Çanakkale and a container centre in Aydın will be completed by May 2016. The construction of centres in Ağrı and Kocaeli will start soon(tenders have been finalised). The conversion of 5 accommodation centres to removal centres is expected to be finalised in April 2016. Removal centre in Çanakkale and a container centre in Aydın will be completed by May 2016. On the other hand, as of June 2016, preparations for the container removal centre in Istanbul will be completed. New removal centres in Malatya, Tekirdağ and Antalya are planned for December 2016. Specialised staff, including psychologists and sociologists, are working in the removal centres, while a protocol was signed between DGMM and Turkish Red Crescent in order to monitor, identify and supply services to the migrants under detention in a removal centre that may have particular needs.



4. BLOCK 3: PUBLIC ORDER AND SECURITY 4.2.1. Preventing and fighting organised crime, terrorism and corruption

36.Continue and complete implementation of its National Strategy and Action Plan for the fight against organised crime (in particular cross-border aspects) and ensure adequate human and financial resources for its implementation. Fulfilled Following the implementation of the National Strategy 2010-2015 for the fight against organised crime and of its relevant Action Plan 2010-2012 and 2013-2015 (whose results have been communicated to the Commission within the framework of the visa liberalisation dialogue), Turkish authorities have adopted in March 2016 a new National Strategy Document on Combating against Organised Crime 2016-2021 and have adopted and started to implement an Action Plan on Combating Organised Crimes 2016-2018. These new documents set pertinent and realistic targets. Their implementation will be coordinated and monitored by the Department of Smuggling, Intelligence, Operation and Data Collection of the Ministry of Interior. The information provided by the Turkish authorities to the Commission and as regards the effective size and nature of the criminal organisations operating in Turkey, and the impact exercised by the Turkish law enforcement agencies' activity aimed at dismantling them, has remained limited, as Turkish authorities consider this information confidential. Turkish authorities have expressed their readiness to share more information as soon as an appropriate framework for the sharing of confidential information would be set up. 37.Sign and ratify the Council of Europe's Convention on Action against Human Trafficking as well as adopt and effectively implement legislation, including provisions aligned on the standards set by this Convention as well as by the EU acquis related to the prevention of the trafficking in human beings, the prosecution of traffickers, and the protection and assistance of their victims. Fulfilled The draft law ratifying the Council of Europe Convention on Action against Human Trafficking was adopted in the Turkish Parliament and published in the Official Journal on 19 February 2016. Turkey has also deposited the instrument of ratification for this Convention. A specific by-law on the Prevention of Human Trafficking and Protection of Victims entered into force on 17 March 2016, complementing the provisions in favour of the victims of trafficking in human beings and those prosecuting the authors of this crime already included, respectively in the Law on Foreigners and International Protection and in the Penal Code. 38.Provide adequate infrastructures and sufficient human resources and funds ensure decent reception and protection of the rights and dignity of victims of trafficking, and supporting their social and professional reintegration. Fulfilled A specific department in charge of identifying and assisting victims of trafficking in human beings has now been established in the DGMM. A hot-line allowing the victims to request assistance, three shelters to host and protect the victims, and programmes to support their social and psychological reintegration, were established a few years ago by the IOM with the EU-financial support in Istanbul, Antakya and Ankara. These initiatives are now entirely managed and supported by DGMM's trained and specialised staff. On 23 March 2016, a fourth shelter for 40 people was set up in Kırıkkale. The capacity of the four existing shelters seems adequate, if compared with the number of victims of trafficking identified by Turkish authorities. On the other hand, the number of victims of trafficking identified by Turkish authorities seems far too limited, if compared with the number of migrants and refugees residing in or transiting through Turkey. In six years between 2010 and 2015 Turkish authorities liberated only 140 victims (only 15 in the year 2015) and arrested only 179 traffickers (only 14 in the year 2015) The persons identified as victims of trafficking in Turkey are mostly women from former Soviet Union republics (in Easter Europe or Central Asia) who are submitted to sexual exploitation. Only rarely Turkish authorities identify as victims migrants or refugees originating from Iran, Iraq or Afghanistan, or children, or persons submitted to labour exploitation or forced marriages. Of the victims identified between 2010 and 2015, 39 were Turkish citizens, 42 from Kirgizstan or Uzbekistan, 25 from Azerbaijan or Georgia. Between 2014 and 2015, when more than 2.5 million Syrians lived in Turkey, only 1 Syrian was identified as a victim of trafficking. DGMM informed the European Commission that it will increase its attention on the above. A Handbook for public officers on how to identify and treat victims of trafficking is under preparation. More generally, DGMM is further strengthening its capacity through an EU-funded project which started on July 2014. Judges, public prosecutors, migration experts working in local offices of DGMM and law enforcement officers were provided with trainings. DGMM prepared a new EU-funded project which should start by the end of 2016 and which should contribute to the opening of three new shelters. At this time, Turkey does not have a strategy which targets the development of a long-term vision on how to comprehensively address trafficking in human beings, in full respect of the rights of victims. 39.Ratify the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS 198) and transpose its provisions into the internal legislation and adopt and effectively enact legislation allowing to meet the requirements of this Convention as well as the recommendations of the Financial Action Task Force (FATF) on establishing a system on the freezing of assets and a definition of the financing of terrorism.

Fulfilled The fight against money laundering in Turkey is based on the Law on Prevention of Money Laundering N.4208 adopted on 19 November 1996 and then amended by law 5549 which entered into force on 18 October 2006, which also established the Financial Crimes Investigation Board of the Ministry of Finance (MASAK). Article 282 of the Turkish Penal Code (lastly reformed in 2009) includes provisions criminalizing the activity of money laundering, of the activity of benefiting of proceedings of crime, including also aggravating clauses for public officers, certain categories of professionals, and criminal organisations. On 6 February 2013 Turkey adopted the Law on the prevention of financing of terrorism establishing a system on the freezing of assets of terrorism to react to international request of freezing. The adoption of this legislation, jointly with other measures taken in 2014, allowed Turkey to be taken out by the Financial Action Task Force (FATF) from the list of non-cooperative countries. The FATF revised its Recommendations in 2012 and as its assessment methodology which aims at assessing both the technical compliance with revised FATF standards, as well as the level of effectiveness of the countries' AML/CFT regime. It is necessary to assess whether the new legal framework in Turkey is compliant with the revised FATF standards and how far those rules are effectively applied. Turkey has a legal system, based on its Penal Code, to freeze and confiscate the proceedings of criminal activities; however, it does not have an Asset Recovery Office. The draft law ratifying the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS 198) , signed on 28 February 2007, was ratified by Turkey on 19 February 2016. The ratification should facilitate Turkey's capacity to cooperate at international level in combating against money laundering and the financing of terrorism. Turkey has now deposited the instrument of ratification for this convention at the Treaty Office of the Council of Europe Secretariat. A draft bill amending the existing legislation on money laundering and financing of terrorism of Turkey to ensure the transposition of the provisions of the ratified Convention was presented by the Government in March 2016 and adopted in April by the Parliament. The legal framework on money laundering, financing of terrorism, freezing and confiscation of criminal proceedings is largely in line with the standards set by the Convention. Nevertheless important steps forward still remain to be taken by Turkey in order to upgrade this framework and its implementation up to the EU standards as well as to entirely fulfil all the recommendations issued by FATF. 40)Ratify the Council of Europe Convention on Cybercrime and adopt legislation and implement measures allowing to enact this Convention. Fulfilled The Council of Europe Convention on Cybercrime was ratified by Turkey on 29 September 2014. Turkish legislation is largely aligned to the Convention. A draft bill amending the existing legislation on cybercrime so as to ensure better transposition of the ratified Convention was presented by the Turkish Government in March 2016 and adopted in April by the Parliament. 41)Continue implementing the National Strategy and the Action Plans against Drugs and Drug Addiction and develop cooperation with the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA); Fulfilled The international agreement between Turkey and EU on Turkey’s participation in EMCDDA (European Monitoring Centre for Drugs and Drug Addiction) was signed on 30 October2007 and came into force on 01 June 2014. Turkey has been participating on EMCDDA activities as a full member since then. Besides annual data on drug addiction, Turkish Drug Reports that consist of studies on drugs are translated in English and shared with EMCDDA. Turkish authorities, coordinated by the Turkish Monitoring Centre for Drugs and Drug Addiction (TUBIM), which was the Turkish counterpart to EMCDDA have been implementing Turkey's National Drug Policy and Strategy document (2013-2018) and the Third Action Plans against Drugs and Drug Addiction (2013-2015). In line with the Prime Ministry’s Circulars dated 13 November 2014 and 2014/19, the task of ensuring the coordination between the institutions in the fight against drugs was transferred to the Ministry of Health and the two multiannual document were abolished and replaced by a Fight against Drugs Rapid Action Plan annual document listing priority actions for the sole year 2015.

Following the implementation of this annual plan, a new multiannual action plan was prepared by the Ministry of Health. The New Strategy and Multiannual Action Plan covering the period 2016-2018 was adopted on 18 April 2016. 42)Continue implementing the National Strategy and the Action Plan on Fight against Corruption and the recommendations of GRECO (I, II and III. Evaluation Round). Not fulfilled Turkey has only partially implemented the National Strategy and the Action Plan 2010-2014 on Fight against corruption. The Plan was mostly implemented by preparing studies, which were not always followed by concrete measures. The report on the implementation of the Action Plan, prepared by the Prime Ministry's Inspection Board, was only communicated to the Prime Ministry office, without any circulation to other institutions of the State or to the public opinion. Civil society organisations are not involved in developing or monitoring the anti-corruption policy. There is currently neither information exchange with them nor a regular consultation process. Turkey has still to adopt legislation giving an effective follow up to the recommendations issued by the Council of Europe Group of States against Corruption (GRECO) under all its evaluation rounds, notably legislation on the funding of political parties, on immunities, on bribery, and on the independency of judiciary. Turkey has adopted on 30 April 2016 a new strategy and action on corruption. Turkey has taken part in the four rounds of evaluations carried out by the Group of States of the Council of Europe against Corruption (GRECO). The first round of evaluations assessed the independence, specialisation and means available to national bodies engaged in the prevention and fight against corruption, and the extent and scope of immunities. The second evaluation report assessed how legislation and practices are designed to allow for an effective identification, seizure and confiscation of corruption proceeds, the relation between public administration and corruption (auditing systems; conflicts of interest), the prevention of legal persons being used as shields for corruption, tax and financial legislation to counter corruption, and the links between corruption, organised crime and money laundering. The third round assessed the incriminations provided for in the Criminal Law Convention on Corruption (ETS 173), its Additional Protocol (ETS 191) and Guiding Principle 2 (GPC 2), the transparency of Party Funding with reference to the Recommendation of the Committee of Ministers to member states on common rules against corruption in the funding of political parties and electoral campaigns (Rec (2003). The fourth round of evaluation took place in April 2015, however Turkey gave its green light for the publication of the report only recently. It assessed the prevention of corruption in respect of members of parliament, judges and prosecutors, including ethical principles and rules of conduct, the conflict of interest, the prohibition or restriction of certain activities, the declaration of assets, the income, the liabilities and interests, the enforcement of the rules regarding conflicts of interest, the awareness. The report on Turkey related to the first and second evaluation report, in its latest version (December 2010) had concluded that "out of the 21 recommendations issued to Turkey, in total 15 recommendations have now been implemented satisfactorily or dealt with in a satisfactory manner". Based on the expert assessment carried out in 2015 in the framework of the visa liberalisation dialogue, the Commission believes that since 2010 little or no progress was made by Turkey in taking these measures. The report on Turkey related to the third round of evaluation, which in its latest version (the Second Interim Compliance Report), was adopted in December 2015, and the publication of which was authorised in March 2016 concluded that "Turkey has not made any tangible progress in the implementation of the eleven recommendations found to be not or partly implemented in the Interim Compliance Report. Out of a total of seventeen recommendations, six recommendations remain implemented satisfactorily. Seven recommendations remain partly implemented and four not implemented. Specifically, with respect to Theme I –Incriminations, recommendations i, ii, iii, iv, vi and viii have been implemented satisfactorily and recommendations v and vii remain partly implemented. With respect to Theme II – Transparency of Party Funding, recommendations ii, iii, iv, vii and viii remain partly implemented and recommendations i, v, vi and ix not implemented." Turkish authorities declared their intention to address some of the outstanding GRECO recommendations, through the adoption of the National Action Plan on corruption adopted on the 30 April 2016. In both its first and second report on Turkey's progress on the fulfilment of its visa liberalisation roadmap the Commission has recommended that Turkish authorities involve civil society organisations both in preparing and in monitoring the implementation of this Action Plan, and to entrust the monitoring to an independent body. The report on Turkey related to the fourth round of evaluation, adopted by GRECO in October 2015, the publication of which was authorised by Turkish authorities in March 2016, issued Turkey with 22 recommendations on measures to be taken to better prevent corruption among members of parliament, judges and prosecutors, notably by strengthening measures to avoid conflicts of interests of MPs, by better protecting the other two categories from the influence of external pressures (notably those exercised by the political power), and by establishing and monitoring respect of codes of conduct. The report also concluded that the judiciary in Turkey is not perceived to be sufficiently independent from the executive powers of the country, despite constitutional guarantees to that end. 4.2.2. Judicial cooperation 43)Implement and comply with international conventions concerning judicial cooperation in criminal matters (in particular the Council of Europe Conventions on Extradition (no 24 of 1957, including the not yet implemented Additional Protocols of 1975, 2010 and 2012), Mutual Assistance in Criminal Matters (no 30 of 1959, including the not yet implemented Additional Protocol of 2001), and the Transfer of Sentenced Persons ( no 112 of 1983, including the not yet implemented Additional Protocol of 1997).

Fulfilled Turkey signed on 22 March 2016 the 3 Additional Protocols to the CoE Convention on Extradition, and the 2001 Additional Protocol to the CoE Convention on Mutual Assistance in Criminal Matters. All 4 Protocols were adopted in the Parliament on 26 April 2016. Following the publication in the Official Gazette, they will be submitted to the Council of Ministers for approval, Minister of Foreign Affairs and to the President for signature of the instrument of ratification. Turkey hopes to finalise the whole ratification process by early June. The Protocol to the Convention on the Transfer of Sentenced Persons was signed on 10 November 2010. It was adopted in the Parliament and published in the Official Journal on 19 February 2016. The instrument of ratification was deposited by Turkey’s Permanent Representative to the Council of Europe to the Secretariat of the Council on 29 April 2016. 44)Take measures aimed at improving the efficiency of judicial cooperation in criminal matters of judges and prosecutors with the EU Member States and with countries in the region. Fulfilled Judicial cooperation in criminal matters between Turkey and the Member States takes place on the basis of the Council of Europe, United Nations and bilateral protocols. In general, cooperation with the Member States works well, although with varying results depending on the cases and on the Member States, and with some delays. Based on data provided by Turkish authorities, between 1 January 2014 and March 2016 Turkey has received from the EU Member States 786 requests of judicial assistance in criminal matters, of which 414 were fulfilled, 212 could not be satisfied, and 160 are still pending. In approximately half of the cases the request could not be satisfied because either the Turkish person to whom the request referred to was not found at his/her known address, or because his/her address was not known. It should be underlined that Turkey does not offer any cooperation to the Republic of Cyprus as a result of its policy of non-recognition. Turkey's Ministry of Justice has a Directorate General for Internal Law and Cooperation which is in charge of handling incoming and outgoing requests for judicial cooperation in criminal matters. The Directorate is in charge of maintaining contacts with Member States' authorities not only for formal but also informal contacts. In the framework of the VLD they expressed their readiness to take a more proactive role towards the EU Member States Embassies in Ankara to enable them to more easily identify their interlocutors within the administration, and to clarify Turkish procedures. This would be an important step forward. On 23 April 2016, a single legal act on judicial cooperation was adopted. Once this law is also complemented with the relevant secondary (implementing) by-laws defining in a stricter manner deadlines for implementing the procedures prescribed in the law and criteria for the acceptance or rejection of the requests of cooperation, this overall legislation will certainly contribute to improve judicial cooperation in criminal matters between Turkey and its international partners. 45)Develop working relations with Eurojust. Fulfilled Eurojust may conclude with a third country a cooperation agreement allowing for inter alia the exchange of information, including personal data, and the secondment of liaison officers or liaison magistrates to Eurojust, only after consultation by Eurojust with the Joint Supervisory Body concerning the provisions on data protection and after the approval by the Council, acting by qualified majority. Talks between Eurojust and Turkish authorities on the possibility to start the negotiation of a cooperation agreement took place in 2012. The conclusion of such an agreement with Turkey is not yet possible because Turkey's legislation on personal data protection is not yet fully aligned with EU standards. In the interim, Turkey and Eurojust have established contact points to facilitate the exchange of non-sensitive information. The Turkish contact points also take part in the meetings of the European Judicial Network. Eurojust and the Turkish authorities have exchanged letters on further practical cooperation. The Turkish authorities wrote to Eurojust on 2nd May 2016 to formally reaffirm their intention to conclude a cooperation agreement as soon as possible and to step up practical cooperation in the meantime. It will be of crucial importance that the Turkish contact points swiftly reply and follow up on requests for information and cooperation sent to them via Eurojust and to participate in strategic meetings on organised crime and terrorism. Eurojust replied to the Turkish authorities on 3rd May 2016 to invite Turkey to the Eurojust tactical meeting on terrorism: building an effective judicial response to foreign terrorist fighters scheduled for 22-23 June 2016 and further proposed the active participation of Turkish judges and prosecutors in Eurojust's events on enhanced cooperation in criminal justice issues and to share information and best practice. 46)Continue implementing the 1980 Hague Convention on civil aspects of the international child abduction, and accede to the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children, as well as to the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance.

Fulfilled Turkey finalised the necessary procedures on 25 March 2016 to become party to the 1996 and 2007 Hague Conventions. Both Conventions were adopted by the Parliament on 25 April 2016. Following the publication in the Official Gazette, they will be submitted to the Council of Ministers for approval, Minister of Foreign Affairs and to the President for signature of the instrument of ratification. Turkey hopes to finalise the whole ratification process by early June. Turkey became party to the 1980 Hague Convention on 1 August 2000. The Ministry of Justice issued a circular dated 16 November 2011 on the effective implementation of the Convention. Then, the Law on Civil Aspects and Scope of Child Abduction aimed at implementing the provisions of the Convention entered into force on 4 December 2007. Faster start, shorter duration and the use of specialised courts for judicial proceedings are foreseen in Articles 6 and 9 of the said Law. In this framework, these proceedings are heard with simple procedure by Family Courts. Seminars for judges and prosecutors on the effective implementation of the Convention are held throughout Turkey. The last seminar was organised in the Ministry of Justice on 11 February 2016. Turkey is party to and regularly implements the 1980 Hague Convention on international child abduction. However, based on information collected and the expert assessment elaborated within the framework of the VLD, it appears that Turkish authorities implement the judicial proceedings launched under the Convention with systematic delays. This situation is due especially to the complex judiciary procedure designed for the verification of each case, which usually run for over twelve months, sometimes twenty-four. Thus, the availability of the 1980 Hague Convention is of limited value to the parent of an abducted child. Further to the expert report suggesting steps to be taken to reduce delays in the proceedings resulting from the 1980 Convention, the Ministry of Justice made an assessment of the whole judicial process and came to the conclusion that delays arise mainly from the appeal stage. In the current system, all the appeals arrive to the Supreme Court in Ankara which creates a bottleneck. Consequently, the High Council of Judges and Prosecutors issued a decree on 25 March 2016 to establish Regional Civil Tribunals in Ankara, Antalya, Erzurum, Gaziantep, İstanbul, İzmir and Samsun. The tribunals which will deal with the appeal cases will be operational by 20 July 2016. 47)Provide effective judicial cooperation in criminal matters to all the EU Member States, including in extradition matters inter alia by promoting direct contacts between central authorities. Partially fulfilled EU Member States and Turkey cooperate in extradition matters, however in a limited manner. A major problem is represented by the fact that Turkey does not accept to provide any cooperation to the Republic of Cyprus due to its policy of non-recognition. Cooperation with other Member States does not work in a satisfactory manner. Based on Turkish data, between 1 January 2014 and 31 December 2015 Member States sent to Turkey 49 requests of extradition of which only 6 were accepted and 6 rejected, while all the others are still pending. One of the main reasons for the limited cooperation on extradition is based on Article 38 of the Turkish Constitution, and article 18 of the Turkish Penal Code, which stipulates that Turkish authorities do not accept to extradite a Turkish citizen to a foreign country unless for an offence punished by the International Criminal Court. This means that Turkish authorities, on the basis of a request sent by a Member State on the basis of the Council of Europe Convention on extradition or the Council of Europe Convention on a mutual assistance in criminal matters, may accept to arrest and extradite only a EU Member State citizen or a third country national, but not a Turkish citizen. On the other hand, it must be underlined that Turkish authorities would accept to arrest their citizen and to detain him/her, instead: if the request was submitted on the basis of the provisions of the Council of Europe Convention on the International Validity of Criminal Judgments (CETS 70) - in this manner they would accept to execute in Turkey a foreign sentence past against that citizen for a crime committed by the latter abroad, or on the basis of the provisions of the Council of Europe Convention on the Transfer of Proceedings in Criminal Matters(CETS 73) - in this manner they would accept to launch a national prosecution and issue a sentence against a Turkish citizen for a crime committed by the latter abroad. Furthermore, the Turkish legal system foresees an additional way that may ensure within certain limits the possibility for Turkish authorities to ensure the prosecution of Turkish citizens having committed a crime abroad and having subsequently fled to the Turkish territory. This stems from the "universal competence" of Turkish authorities to prosecute Turkish citizens for crimes committed abroad, enshrined in the Articles 11 and 13 of the Turkish Penal Code. On the basis of these articles, four possible scenarios exist, depending on the gravity of the case: 1.Where the offence requires a punishment whose lower threshold is less than one year imprisonment, the trial is filed only upon the lodging of a complaint by the injured party or the foreign country, and the complaint is filed within six months as of the date of entry of the citizen into Turkey. 2.For offences requiring a punishment whose lower threshold is not less than one year imprisonment according to the Turkish laws, Turkish authorities have to start automatically the trial upon acquisition of the relevant information by their prosecutors, if the offender is found in Turkey, provided that he/she is not convicted in the said foreign country for the same offense and there is possibility to proceed a trial in Turkey.

3.Where the offence is related to one of the crimes listed under the First Chapter of the Second Volume (crimes against humanity, human trafficking, sexual assault, homicide, crimes against freedom of believe, thought, private life, property etc), or torture, deliberate pollution of the environment, production and trading of drugs or stimulants, facilitation of use of drugs or stimulants, counterfeiting money, manufacturing and trading of instruments used in production of money and valuable seals/stamps, counterfeiting seals, prostitution, confiscation or hijacking of aircraft, vehicles or vessels, or offences committed with the intention to give damage to these properties, the filing of a trial in Turkey for the offences falling under the scope of paragraph one shall depend on the request of the Minister of Justice. 4.Where the offence is related to one of the crimes listed under the First Chapter of the Second Volume (crimes against humanity, human trafficking, sexual assault, homicide, crimes against freedom of believe, thought, private life, property etc), or under the Third, Fourth, Fifth, Sixth, Seventh and Eighth Sections in the Fourth Chapter of the Second Volume (crimes committed against the state, the security of state, the constitutional order, national defence, secrets of the state, espionage, and against the relations between the foreign states), a trial shall be filed in Turkey upon the request of the Minister of Justice, even if the offender has been convicted or acquitted in a foreign country. Some Member States are well acquainted with these procedures and use them in a regular manner, obtaining results, although with some delays. Other Member States however have a more limited use of these procedures and experience more difficulties, depending also on the cases. The use of these procedures is complicated by the following: As regards the possibility to introduce a request to Turkey under the Council of Europe Conventions on the International Validity of Criminal Judgments (CETS 70), and on the Transfer of Proceedings in Criminal Matters (CETS 73), it should be noted that not all the Member States are parties to them. Turkish authorities can exceptionally accept to cooperate also with countries that are not parties to them, but they do it in a discretionary manner, by taking into account of the principle of reciprocity and the principle of ne bis in idem. For the activation of this prosecution based on “universal competence”, furthermore, it is key for Turkish institutions to acquire adequate information on the crime committed by Turkish citizens abroad. The possibility to acquire this kind of information however is limited, considering the fact that the information may hardly be collected through direct investigations or interrogations of the involved persons (as the crime took place abroad), and would therefore depend mostly on the availability of the concerned foreign country to transfer the information. However for the EU Member States it may be problematic to pass this kind of information, in the absence of Turkish legislation on the protection of personal data in line with the EU standards. Turkish authorities have expressed the intention to establish closer contacts with Member States' authorities in order to further clarify the legislation and procedures applicable in Turkey, and the modalities to ensure prosecution of the criminals whenever extradition is not possible. 4.2.3. Law enforcement cooperation 48)Take necessary steps to ensure effective and efficient law enforcement cooperation among relevant national agencies - especially border guards, police, customs officers, through full inter-agency collaboration in the field of intelligence and information exchange - as well as cooperation with the judicial authorities. Fulfilled Law enforcement agencies' cooperation in combating crime is ensured, in principle, by the fact that all their investigations are coordinated by and submitted to the leadership of the prosecutors in charge of preparing criminal charges against suspects. However, notably in the initial phases of the instruction of the criminal investigations, law enforcement agencies, due to their tendency to work separately without sharing information, may frequently fail to understand that several criminal cases separately identified by each of them at local level should be identified into a single investigation of a national or even a trans-national nature. In order to address this, Turkish authorities have decided to insert, in the Action Plan on Organised Crime adopted in March 2016 a measure aimed at establishing a common database, into which all the law enforcement agencies should feed and would be entitled to consult, and where all information on started criminal investigations should be inserted. Meanwhile, in order to strengthen cooperation between law enforcement agencies and border agencies at practical level, a bylaw on Inter-institutional Cooperation and Coordination in the Field of Border Management was adopted and entered into force on 17 March 2016. 49)Reinforce regional law enforcement services cooperation and implement bilateral and multilateral operational cooperation agreements, including by on time sharing of relevant information with competent law enforcement authorities of EU Member States. Fulfilled Turkey has concluded 148 bilateral Security and Cooperation Agreements with 77 countries and several protocols and memorandums of understanding with a view to strengthening mutual cooperation in police and security matters. These agreements in general provide inter alia a legal basis for the parties' law enforcement authorities to act jointly against cross-border crimes, in particular against terrorism, organised crime and cybercrime, and to exchange information. Turkey has liaison officers in 23 foreign countries (including 10 EU Member States) and hosts 89 liaison officers from 29 countries (including 15 EU Member States).

Police cooperation is dealt with, in Turkey, in particular by the Interpol-Europol-Sirene Department of the Police, which plays the role of contact point for the communication with Interpol and Europol and ambitions at representing the single point of contact in the meaning of the European Information Exchange Model. Turkey regularly cooperates in police matters with all the EU Member States, through Interpol or via the direct bilateral security agreements which Turkey has signed with most of the Member States. The cooperation is generally good, although its quality and speed may vary depending on the nature of the cases and of the different relation with the different Member State. Turkish authorities do not cooperate bilaterally with the authorities of the Republic of Cyprus due to their policy of non-recognition. In the framework of the visa liberalisation dialogue, they have declared to be ready to indirectly cooperate with them, at least by exchanging information through the mediation of Interpol secretariat. Based on information provided by Turkish authorities, cooperation though this channel was offered twice in the course of 2016. 50)Improve the operational and special investigative quality and capacity of law enforcement services to more efficiently serious cross-border crime, including identity and travel document fraud. Fulfilled Turkish law enforcement agencies have access to very large human and technical resources and appear in general to have operational and special investigative capacity in line with the best international standards. This is also based on the support provided by several EU-funded projects, notably on forensic matters. 51)Effectively cooperate with OLAF and Europol in protecting the euro against counterfeiting. Fulfilled Turkey is cooperating with OLAF, Europol and the EU Member States law enforcements in protecting EURO against counterfeiting. Turkish experts and representatives contributed to operations and participated to events organised within the EU in this area. Turkey is party to the international Geneva Convention for the suppression of counterfeiting currently of 20 April 1929; its national legislation (articles 197 and 200 of the Penal Code) includes a comprehensive definition of counterfeiting, punishes it up to a maximum of 2 to 12 years of imprisonment and a judicial fine, and imposes confiscation of the counterfeited currency. The Interpol-Europol department of the Police has been playing since 2008 the role of National contact point on Euro counterfeiting. 52)Strengthen the capacities of the Turkish Financial Crimes Investigation Board (MASAK) and develop its cooperation with other Financial Intelligence Units within the EU Member States. Fulfilled In 1996 Turkey established its Financial Intelligence Unit (FIU) called MASAK (Mali Suçları Aratırma Kurulu) under Law on Prevention of Money Laundering 4208 of 19 November 1996 as amended in 2006 by law 5549 Article 14. MASAK is responsible for receiving and analysing suspicious transaction reports from the obliged entities in the financial sector. MASAK has powers under article 19 of law 5549 carrying out preliminary investigations into Money laundering offences, to request search and seizure in co-operation with law enforcement authorities. It also issues regulations to the relevant financial institutions concerning their reporting obligations, and can promote the elaboration of new legislation at national level. Additionally MASAK has responsibility for the execution of financing of terrorism laws and the freezing, seizing and management of terrorist funds and property. MASAK has been a member of the ‘Egmont Group’ of Financial Intelligence Units since 1998. MASAK carries out exchange of information with the members of Egmont Group using the Egmont Secure Web and in accordance with the Statement of Purpose of the Egmont Group and its Principles for Information Exchange. Since 2006 MASAK has signed 41 Memorandums of Understanding with foreign financial intelligence units (including 11 with FIUs from EU Member States Since its establishment the MASAK has continued stepping up its human and technical resources. Based on expert assessment carried out in the framework of the visa liberalisation dialogue, MASAK is already operating at a fairly good level, but may still enhance the quality and quantity of its activity, by increasingly engaging in international cooperation, and taking a more proactive investigative approach. Its capacity to collect and analyse information will depend also on the increased capacity of the staff of the obliged entities to report to it on suspicious transactions possibly noted. On 2 March 2015 MASAK technical capacities have started to receive the support and advice of an EU-funded Twinning project aimed specifically at developing at giving an effective follow up to the recommendations of the FATF a preparing a National Risk Assessment, and at analysing and strengthening the effectiveness of the supervisory processes.

It will be important that Turkish authorities continue upgrading the capacities of MASAK and of all the other actors involved in the monitoring, reporting, analysis, investigation and prevention of suspicious financial transactions. FATF considers that the overall Turkish system in this area remains weak and fragile, and the country is at heavy risk of being used for money laundering and financing of terrorism. 53)Continue implementing the Strategic Agreement with Europol. Fulfilled Turkey and Europol are implementing a Strategic Agreement, which allows the organisation of common activities, some forms of cooperation, and the exchange of any kind of information, excluding personal data. Exchange of non-personal data of restricted or secret nature is only possible upon conclusion of a specific agreement, while only the conclusion of an operational cooperation agreement may allow for the exchange of personal data. On 21 March 2016 Turkish authorities signed an agreement with Europol allowing for the appointment of a representative of the former to the latter and his deployment within Europol's premises in The Hague. On 7 April 2016 the name of the newly appointed liaison officer was communicated to Europol. His effective deployment is due to happen shortly. The new liaison officer will start work as of 1 May 2016. 54)Conclude with EUROPOL and fully and effectively implement an Operational Cooperation Agreement. Not fulfilled The signature of an operational cooperation agreement with Europol is only possible once Turkish data protection law ensures adequate standards in respect of those of the EU. The negotiations, leading to the conclusion of an operational cooperation agreement, can start, upon authorisation of the management board of the Agency, as soon as it will be certified that the legislation on data protection of Turkey will be in line with the EU standards. Turkish authorities sent a letter to Europol on 2 May 2016 to express their desire to sign an operational cooperation agreement with Europol. 4.2.4 Data protection. 55)Sign, ratify and implement relevant international conventions, in particular the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of 1981 and its Additional Protocol no 181. Fulfilled Both the Convention and its Protocol mentioned under this benchmark are ratified in the Parliament. The instrument of ratification for the Convention was deposited by Turkey’s Permanent Representative to the Council of Europe to the Secretariat of the Council on 29 April 2016. As for the Protocol, following the publication in the Official Gazette, it will be submitted to the Council of Ministers for approval, Minister of Foreign Affairs and to the President for signature of the instrument of ratification. Turkey hopes to finalise the whole ratification process by early June. It is very important that the deposit of the instrument of ratification takes place as soon as possible.

56)Adopt and implement legislation on the prot