Draft DECISION OF THE EC-TURKEY ASSOCIATION COUNCIL on the opening of negotiations aimed at the liberalisation of services and the mutual opening of procurement markets between the Community and Turkey - Draft common position of the Community

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. The liberalisation of services as well as the mutual opening of procurement markets is a key element of the pre-accession strategy for Turkey.

2. The legal bases for the relevant negotiations are Articles 13 and 14 of the 1963 Ankara Agreement and Article 41(2) of the 1970 Additional Protocol. These provisions foresee, by Decision of the EC-Turkey Association Council, the progressive abolition of restrictions on freedom to provide services and freedom of establishment, using the relevant provisions of the EC Treaty as guidelines. Moreover, Article 48 of Decision 1/95 provides that the Association Council will set a date for the initiation of negotiations aimed at the mutual opening of the Parties' respective procurement markets.

3. The General Affairs Council on 15 November 1999 adopted guidelines for the conduct of negotiations for a Decision by the EC-Turkey Association Council on the liberalisation of services and procurement. These negotiation guidelines state that "the exact date of opening of negotiations will be decided beforehand by the Association Council".

4. The Commission invites the Council to adopt the attached draft Decision of the EC-Turkey Association Council, setting the date for the opening of these negotiations, as the Community position.

Draft DECISION OF THE EC-TURKEY ASSOCIATION COUNCIL on the opening of negotiations aimed at the liberalisation of services and the mutual opening of procurement markets between the Community and Turkey

THE EC-TURKEY ASSOCIATION COUNCIL,

Having regard to the Agreement establishing an Association between the European Economic Community and Turkey [1], and in particular Articles 13 and 14 thereof;

[1] OJ L 217 of 29.12.1964, p.1

Having regard to the Additional Protocol [2], and in particular Article 41(2) thereof;

[2] OJ L 293 of 29.12.1972, p.1

Having regard to Decision 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of the Customs Union [3], and in particular Article 48 thereof;

[3] OJ L 35 of 13.2.1996, p.1

Whereas Articles 13 and 14 of the EC-Turkey Association Agreement as well as Article 41(2) of the Additional Protocol foresee, by Decision of the Association Council, the progressive abolition of restrictions on freedom to provide services and freedom of establishment, using the relevant provisions of the EC Treaty as guidelines;

Whereas Article 48 of Decision 1/95 provides that the Association Council will set a date for the initiation of negotiations aimed at the mutual opening of the Parties' respective procurement markets;

Whereas in the negotiating guidelines for a Decision by the EC-Turkey Association Council on the liberalisation of services and procurement, adopted by the Council on 15 November 1999, the Council reaffirmed its willingness to conclude such a Decision with Turkey,

HAS DECIDED AS FOLLOWS:

Sole Article

Negotiations aimed at the liberalisation of services and the mutual opening of procurement markets between the Community and Turkey shall begin in March 2000.

Done at Brussels,

For the Association Council

The President