WRITTEN QUESTION E-1949/03 by Christa Randzio-Plath (PSE) to the Commission. TEKEL alcohol monopoly.
Date: 2003-06-13
Institutions: European Parliament, Provisional data
Subjects: Türkiye, alcoholic beverage, customs cooperation, customs union, import restriction, market access, monopoly, restriction on competition

C 88 E/52

Official Journal of the European Union

EN

8.4.2004

Answer given by Mr Patten on behalf of the Commission

(4 July 2003)

In July 2002, the Commission adopted a proposal for a ‘Regulation of the European Parliament and of the
Council concerning Community co-operation with Asian and Latin American countries’ (1). This proposal
has been submitted to the Parliament and the Council and is currently under discussion.

With a view to reducing the number of legal bases, the proposed Regulation also covers Community
assistance to uprooted people and will, when adopted, repeal Regulation (EC) No 2130/2001 of the
Parliament and of the Council of 29 October 2001 on operations to aid uprooted people in Asian and
Latin American developing countries.

Should the adoption of the ‘Regulation of the European Parliament and of the Council concerning
Community co-operation with Asian and Latin American countries’ be delayed, there would be a risk that
the new Regulation would not enter into force before 31 December 2004. In that event the Commission
would submit a proposal to extend the period of application of Regulation (EC) No 2130/2001. This
proposal for extending the current Regulation would be introduced sufficiently early so as to ensure
continuity of assistance to uprooted people.

(1) OJ C 331 E, 31.12.2002.

(2004/C 88 E/0055)

WRITTEN QUESTION E-1949/03

by Christa Randzio-Plath (PSE) to the Commission

(13 June 2003)

Subject: TEKEL alcohol monopoly

Imports of beer and spirits into Turkey currently face considerable difficulties since, despite the EC-Turkey
Association Council of 22 December 1995 on implementation of the final phase of the customs union,
Turkey has still not abolished the TEKEL alcohol monopoly. It is true that the alcohol laws were modified
one year ago but, firstly, the implementing regulation for the import sector has to my knowledge not yet
been adopted and, secondly, it would not anyway be sufficient since, according to existing plans, imports
independent of TEKEL are to be allowed only upwards of a specific minimum volume.

1. What is the current state of the EU’s negotiations with Turkey on proper implementation of the
customs agreement in respect of the import of alcoholic drinks and, in particular, what is the position of
the Turkish Government regarding the Commission’s call in the autumn of 2001 for it to ensure prompt
implementation of the obligations arising out of the customs union agreement for the trade in alcoholic
drinks?

2.
Does the existing draft of the implementing regulation for the import sector constitute, in the view
of the Commission, adequate implementation of the legislation on liberalisation of the market in alcohol
and alcoholic drinks when measured against the objective of opening up the Turkish market to alcoholic
drinks?

Answer given by Mr Verheugen on behalf of the Commission

(25 July 2003)

The Commission confirms the Honourable Member’s assertion that the TEKEL monopoly has not been
abolished by Turkey. However, under Decision 1/95 of the Community-Turkey Association Council (1),
Turkey is only obliged to make changes to the monopoly so as to ensure that no discrimination exists
regarding the conditions under which goods are procured and marketed between Member States and
Turkey.

8.4.2004

EN

Official Journal of the European Union

C 88 E/53

In 2001, Turkey amended the primary legislation (Law No 4250) by a new Alcohol Act (Law No 4619)
which introduced thresholds for
independent pricing and distribution. Subsequently, a significant
development occurred with the setting up of the Tobacco and Alcoholic Beverages Markets Authority
(TABA) by Law No 4733 in January 2002. By this law the regulatory powers of TEKEL were transferred to
TABA, which is an independent authority. As a result TABA became responsible for secondary legislation
to implement the 2001 Alcohol Act. According to information available to the Commission, a decree to
this effect was published on 6 June 2003.

At the Community-Turkey Association Council in April 2003, the Commission and Turkey agreed to
establish a joint action plan for the Customs Union in order to address a number of outstanding
difficulties, including market access for alcoholic beverages. The action plan drawn up by the Commission
services has been sent to Turkey in early July.

Although the Turkish Government has taken steps to comply with its Customs Union obligations with
regard to alcoholic beverages, the Commission continues to have doubts over the compatibility of the
primary legislation (Law No 4250 as amended by Law No 4619) with these commitments.

The situation will have to be reviewed once the Commission has had the opportunity to assess the impact
of the newly adopted secondary legislation (i.e. the implementing decree) from the TABA on the import
market.

(1) Decision No 1/95 of the EC-Turkey Association Council of 22 December 1995 on implementing the final phase of

the Customs Union, OJ L 35, 13.2.1996.

(2004/C 88 E/0056)

WRITTEN QUESTION E-1954/03

by Jannis Sakellariou (PSE) to the Commission

Subject: Human rights situation facing Yezidi in Georgia

(13 June 2003)

Is the Commission aware of
Commission’s evaluation of this?

the difficult situation faced by the Yezidi

in Georgia? What

is the

What political efforts are being undertaken to make a lasting improvement to their situation?

What technical and financial possibilities are available to the Commission to support this minority in
Georgia?

Answer given by Mr Patten on behalf of the Commission

(18 July 2003)

The Commission understands that the Yezidi, an ethnic minority of non-Muslim Kurds in Georgia, face
difficulties that are common to many ethnic minorities in Georgia. The Yezidi constitute a small minority
in Georgia and lack the strong political organisation that could supply them with a voice in Georgian
decision making. While the Yezidi may not be specifically targeted for discrimination like other ethnic
minorities in Georgia, they sometimes suffer from shortcomings in the fields of law enforcement and the
rule of law.

The Commission is currently directing its political and technical assistance to Georgia towards the
strengthening of governance and the promotion of human rights and civil society. The new Indicative
Programme for Georgia proposes cooperation to support institutional, legal and administrative reform and
in addressing the social consequences of transition and assistance to social reconstruction. In addition, the
Commission continues to put pressure on the Georgian Government to implement its obligations under
the European Convention on Human Rights to respect minority rights, and to ratify the Framework
Convention for the Protection of National Minorities (FCPNM). The Commission is currently co-funding a
project along with the Council of Europe to promote the ratification and effective implementation of the
FCPNM, involving governmental as well as non-governmental actors.