Proposal for a Council Decision on the Principles, Priorities and Conditions contained in the Accession Partnership with Turkey {SEC(2005) 1426}
Date: 2005-11-09
Institutions: European Commission
Subjects: Türkiye, accession criteria, accession to the European Union, association agreement (EU), cooperation agreement, economic policy, economic stabilisation, political situation, rule of law

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 9.11.2005 
COM(2005) 559 final 

Proposal for a 

COUNCIL DECISION 

On the Principles, Priorities and Conditions contained in the Accession Partnership with 
Turkey 

(presented by the Commission) 

{SEC(2005) 1426} 

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EXPLANATORY MEMORANDUM 

In December 2002, the European Council meeting in Copenhagen recalled its decision taken 
in  1999  in  Helsinki  that  Turkey  is  a  candidate  State  destined  to  join  the  Union.  It  strongly 
welcomed the important steps taken by Turkey towards meeting the Copenhagen criteria, and 
identified  a  number  of  priority  areas  for  further  work.  In  order  to  assist  Turkey  in  its 
preparations  towards  EU  membership,  the  European  Council  decided  that  the  accession 
strategy for Turkey should be strengthened and invited the Commission to submit a proposal 
for a revised Accession Partnership, which was for the first time adopted in 2001. 

In  March  2003,  the  Commission  presented  a  revised  Accession  Partnership  with  Turkey, 
which was adopted by the Council. In its recommendation of October 2004, the Commission 
proposed,  in  view  of  guaranteeing  the  sustainability  and  the  irreversibility  of  the  political 
reform process, the EU should continue to monitor closely progress of the political reforms. 
In  particular,  the  Commission  proposed  the  adoption  of  a  revised  Accession  Partnership  in 
2005.  In  December  2004,  the  Council  concluded  that  the  European  Union  will  continue  to 
monitor  closely  progress  of  the  political  reforms  on  the  basis  of  a  revised  Accession 
Partnership setting out priorities for the reform process. 

This  third  Accession  Partnership  is  based  on  the  provisions  of  Council  Regulation  (EC)  No 
390/2001 which provides that the Council is to decide, by a qualified majority and following a 
proposal  from  the  Commission,  on  the  principles,  priorities,  intermediate  objectives  and 
conditions contained in the Accession Partnership, as it will be submitted to Turkey, as well 
as on subsequent significant adjustments applicable to it. 

It lists short and medium-term priorities for the country’s preparations for further integration 
with the European Union. The country is expected to respond to the Accession Partnership by 
preparing  a  plan,  including  a  timetable  and  specific  measures  to  address  the  Accession 
Partnership’s priorities. The progress in implementing the priorities will be monitored through 
the  framework  of  the  mechanisms  established  under  the  Association  Agreement  as 
appropriate and through the Commission’s Progress Reports.  

The  proposed  Council  Decision  has  no  financial  implications.  In  view  of  the  above,  the 
Commission invites the Council to adopt the attached draft Council decision. 

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Proposal for a 

COUNCIL DECISION 

On the Principles, Priorities, and Conditions contained in the Accession Partnership 
with Turkey 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community,  

Having regard to Council Regulation (EC) No 390/2001 of 26 February 2001 on assistance to 
Turkey in the framework of the pre-accession strategy, and in particular on the establishment 
of an Accession Partnership1 and in particular to Article 2 thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

1 
2 
3 

Regulation  (EC)  No  390/2001  provides  that  the  Council  is  to  decide,  by  a  qualified 
majority and following a proposal from the Commission, on the principles, priorities, 
intermediate  objectives  and  conditions  contained  in  the  individual  Accession 
Partnership,  as  it  will  be  submitted  to  Turkey,  as  well  as  on  subsequent  significant 
adjustments applicable to it. 

The  Commission’s  2004  recommendation2  on  Turkey  stressed  that  the  EU  should 
continue  the  monitoring  of  the  political  reform  process  on  the  basis  of  an  Accession 
Partnership  setting  out  priorities  and  that  a  revised  Accession  Partnership  should  be 
proposed in 2005. 

On that basis the Council adopted in 2001 and 2003 and Accession Partnership with 
Turkey3. 

In  December  2004,  the  European  Council  concluded  that  the  European  Union  will 
continue  to  monitor  closely  progress  of  the  political  reforms  on  the  basis  of  an 
Accession Partnership setting out priorities for the reform-process. 

On  3  October  2005,  the  Member  States  started  negotiations  with  Turkey  on  its 
accession to the European Union. The advancement of the negotiations will be guided 
by  Turkey’s  progress  in  preparing  for  accession,  which  will  be  measured,  inter  alia, 
against the implementation of the Accession Partnership, as regularly revised. 

OJ L 58, 28.2.2001, p. 1. 
COM(2004) 656, 6.10.2004. 
Council  Decision  2001/235/EC  of  8  March  2001  (OJ  L  85,  24.3.2001,  p.  13)  and  Council  Decision 
2003/398/EC of 19 May 2003 (OJ L 145, 12.6.2003, p. 40). 

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(6) 

In  order  to  prepare  for  membership,  Turkey  is  expected  to  develop  a  plan  with  a 
timetable and specific measures to address the priorities of this Accession Partnership. 

HAS DECIDED AS FOLLOWS: 

The principles, priorities, intermediate objectives and conditions in the Accession Partnership 
for Turkey are set out in the annex hereto, which forms an integral part of this Decision. 

Article 1 

Article 2 

The  implementation  of  the  Accession  Partnership  shall  be  examined  and  monitored  in  the 
bodies established under the Association Agreement and by the Council on the basis of annual 
reports by the Commission. 

Article 3 

This  Decision  shall  take  effect  on  the  third  day  following  of  its  publication  in  the  Official 
Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

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ANNEX  

TURKEY: 2005 ACCESSION PARTNERSHIP 

1. 

INTRODUCTION 

At its meeting in Luxembourg in December 1997, the European Council decided that the Accession 
Partnership would be the key feature of the enhanced pre-accession strategy, mobilising all forms of 
assistance to the candidate countries within a single framework. In this manner, the Community targets 
its  assistance  towards  the  specific  needs  of  each  candidate  so  as  to  provide  support  for  overcoming 
particular problems with a view to accession.  

The  first  Accession  Partnership  for  Turkey  was  adopted  by  the  Council  in  March  2001.  In  the 
Commission's  Strategy  Paper  on  enlargement  of  October  2002,  it  was  stated  that  the  Commission 
would propose a revised Accession Partnership for Turkey. A revised Accession Partnership was then 
presented by the Commission in March 2003 and adopted by the Council in May of the same year. In 
its  recommendation  of  October  2004,  the  Commission  proposed,  in  view  of  guaranteeing  the 
sustainability and the irreversibility of the political reform process, the EU should continue to monitor 
closely  progress  of  the  political  reforms.  In  particular,  the  Commission  proposed  the  adoption  of  a 
revised Accession Partnership in 2005.  

Turkey is expected to develop a plan including a timetable and specific measures foreseen to address 
the Accession Partnership priorities.  

The revised Accession Partnership provides the basis for a number of policy instruments which will be 
used  to  help  the  Candidate  State  in  the  preparations  for  membership.  In  particular,  the  revised 
Accession Partnership will serve as a basis for future political reforms and as a yardstick against which 
to measure future progress.  

2. 

PRINCIPLES 

The  main  priorities  identified  for  Turkey  relate  to  its  capacity  to  meet  the  criteria  defined  by  the 
Copenhagen European Council of 1993 and the requirements of the negotiating framework adopted by 
the Council on 3 October 2005.  

3. 

PRIORITIES 

The priorities listed in this Accession Partnership have been selected on the basis that it is realistic to 
expect that the country can complete them or take them substantially forward over the next few years. 
A distinction is made between short-term priorities, which are expected to be accomplished within one 
to two years, and medium-term priorities, which are expected to be accomplished within three to four 
years. The priorities concern both legislation and the implementation thereof.  

The revised Accession Partnership indicates the priority areas for Turkey's membership preparations. 
Turkey will, in the end, nevertheless have to address all issues identified in the Progress Report. It is 
also important that Turkey fulfils the commitments of legislative approximation and implementation 
of the acquis in accordance with the commitments made under the Association Agreement, Customs 
Union and related decisions of the EC-Turkey Association Council for example on the trade regime 
for agricultural products.  

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3.1. 

Short-term priorities  

Enhanced Political Dialogue and Political Criteria 

DEMOCRACY AND THE RULE OF LAW 

Public administration  

–  Pursue reform of public administration and personnel policy in order to ensure greater efficiency, 

accountability and transparency.  

–  Ensure  effective,  transparent  and  participatory  local  government,  in  particular  through  the 

implementation of recently adopted legislation. 

–  Establish a fully operational Ombudsman system.  

Civil military relations 

–  Continue to align civilian control of the military with practice in EU Member States. Ensure that 
civilian  authorities  fully  exercise  their  supervisory  functions,  in  particular  as  regards  the 
formulation of the national security strategy and its implementation. Take steps towards bringing 
about greater accountability and transparency in the conduct of security affairs. 

–  Establish  full  parliamentary  oversight  of  military  and  defence  policy  and  all  related  expenditure, 

including by external audit. 

–  Abolish any remaining competence of military courts to try civilians. 

Judicial system 

–  Ensure  consistent  interpretation  of  legal  provisions,  including  the  new  Penal  Code,  related  to 
human  rights  and  fundamental  freedoms  by  all  judicial  authorities  in  line  with  the  European 
Convention on Human Rights and its related case law. 

–  Ensure the independence of the judiciary, in particular as regards the High Council of Judges and 

Prosecutors and the appointment of new judges and prosecutors. 

–  Ensure  equality  of  arms  between  the  prosecution  and  defence  during  criminal  proceedings, 

including layout of courtrooms. 

–  Continue the training of judges and prosecutors on the application of the European Convention on 

Human Rights and the case-law of the European Court of Human Rights.  

–  Strengthen the efficiency of the judiciary through, in particular, reinforcing its institutional capacity 

and adopting a new Code of Civil Procedure.  

–  Proceed with the establishment of regional intermediate courts of appeal. 

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Anti corruption policy 

–  Strengthen all institutions involved in the fight against corruption as well as co-ordination between 

them.  

–  Ensure implementation of the Regulation on Principles of Ethical Behaviour for Civil Servants and 

extend its provisions to elected officials, judiciary, academics and military personnel.  

–  Limit the scope of Parliamentary immunity in line with European practice.  

HUMAN RIGHTS AND THE PROTECTION OF MINORITIES 

Observance of International Human Rights Law  

–  Promote  human  rights  with  the  active  support  of  an  independent,  adequately  resourced  National 
Human  Rights  Institution  in  accordance  with  the  relevant  UN  principles.  Monitor  human  rights 
cases, including sound statistical data. 

–  Extend  the  training  of  law  enforcement  agencies  on  human  rights  issues  and  investigation 

techniques, in particular in order to strengthen the fight against torture and ill-treatment. 

–  Ratify the optional protocols to the International Covenant on Civil and Political Rights. Comply 
with  the  European  Convention  for  the  Protection  of  Human  Rights  and  Fundamental  Freedoms, 
including full execution of the judgments of the European Court of Human Rights. 

–  Implement  legal  provisions  on  the  right  to  retrial  in  line  with  the  relevant  judgments  of  the 

European Court of Human Rights.  

–  Guarantee in law and in practice the full enjoyment of human rights and fundamental freedoms by 
all  individuals  without  discrimination  and  irrespective  of  language,  political  opinion,  race,  sex, 
racial or ethnic origin, religion or belief, disability, age or sexual orientation.  

–  Ratify Protocol No 12 to the European Convention on Human Rights on the general prohibition of 

discrimination by public authorities. 

Civil and Political Rights 

Prevention of torture and ill treatment 

–  Ensure  implementation  of  the  measures  adopted  in  the  context  of  the  “zero  tolerance”  policy 
against  torture  and  ill-treatment  in  line  with  the  European  Convention  on  Human  Rights  and  the 
recommendations of the European Committee for the Prevention of Torture.  

–  Intensify  the  fight  against  impunity.  Ensure  that  prosecutors  conduct  timely  and  effective 
investigations  of  alleged  cases  leading  to  identification  and  punishment  of  perpetrators  by  the 
courts.  

–  Ensure implementation of the Istanbul Protocol throughout the country, in particular by increasing 

medical expertise. 

–  Ratify  the  optional  Protocol  to  the  UN  Convention  against  Torture  which  provides  for  the 

establishment of a system of independent monitoring of detention facilities. 

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Access to justice 

–  Enhance  the  opportunities  for  effective  defence  such  as  access  to  legal  aid  and  qualified 

interpretation services. 

–  Ensure that citizens are aware of and in a position to exercise their right to have access in private to 

a lawyer and to have relatives notified from the outset of their custody.  

Freedom of expression, association and peaceful assembly 

–  Ensure  the  exercise  of  freedom  of  expression,  including  freedom  of  the  press,  in  line  with  the 
European Convention on Human Rights and in accordance with the case law of the European Court 
of Human Rights. 

–  Continue  to  remedy  the  situation  of  those  persons  prosecuted  or  sentenced  for  non-violent 

expression of opinion.  

–  Implement  all  reforms  concerning  freedom  of  association  and  peaceful  assembly  in  accordance 
with the European Convention on Human Rights and its related case law. Implement measures to 
prevent the excessive use of force by security forces.  

–  Align the relevant provisions applying to political parties with European practice. 

–  Align financing and auditing of political parties with European practice. 

–  Facilitate  the  domestic  development  of  civil  society  and  its  involvement  in  the  shaping  of public 

policies.  

–  Facilitate and encourage open communication and cooperation between all sectors of Turkish civil 

society and European partners. 

Freedom of religion 

–  Adopt  a  law  comprehensively  addressing  all  the  difficulties  faced  by  non-Muslim-  religious 
minorities  and  communities  in  line  with  the  relevant  European  standards.  Suspend  all  sales  or 
confiscation  of  properties  which  belong  or  belonged  to  non-Muslim  religious  community 
foundations by the competent authorities pending the adoption of the above law. 

–  Adopt  and  implement  provisions  concerning  the  exercise  of  freedom  of  thought,  conscience  and 
religion  by  all  individuals  and  religious  communities  in  line  with  the  European  Convention  on 
Human  Rights  and  taking into  account the  relevant  recommendations  of  the  Council of  Europe’s 
Commission against Racism and Intolerance. 

–  Establish conditions for the functioning of these communities, in line with the practice of Member 
States.  This  includes  legal  and  judicial  protection  of  the  communities,  their  members  and  their 
assets, teaching, appointing and training of clergy, and the enjoyment of property rights in line with 
Protocol No 1 to the European Convention on Human Rights. 

Economic and Social Rights 

Women’s rights 

–  Implement legislation relating to women’s rights, particularly the Civil Code, the new Penal Code 

and the law on the protection of the family.  

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–  Pursue measures against all forms of violence against women, including crimes committed in the 
name of honour. Ensure specialised training for judges and prosecutors, law enforcement agencies, 
municipalities  and  other  responsible  institutions  and  establish  shelters  for  women  at  risk  of 
violence in all larger municipalities, in line with current legislation.  

–  Further  promote  the  role  of  women  in  society,  including  their  education  and  participation  in  the 
labour  market  and  in  political  and  social  life,  and  support  the  development  of  women’s 
organisations to fulfil these goals. 

Trade Union rights 

–  Ensure  that  full  trade  union  rights  are  respected  in  line  with  EU  standards  and  the  relevant  ILO 
Conventions, in particular as regards the right to organise, the right to strike and the right to bargain 
collectively.  

–  Reinforce social dialogue, and facilitate and encourage cooperation with EU partners. 

Minority Rights, Cultural Rights and the Protection of Minorities 

–  Ensure cultural diversity and promote respect for and protection of minorities in accordance with 
the European Convention on Human Rights and the principles laid down in the Council of Europe's 
Framework Convention for the Protection of National Minorities and in line with best practice in 
Member States. 

–  Guarantee legal protection of minorities, in particular as regards the enjoyment of property rights in 

line with Protocol No 1 to the European Convention on Human Rights. 

–  Ensure  effective  access  to  radio/TV  broadcasting  in  languages  other  than  Turkish.  Remove 

outstanding obstacles, particularly with regard to local and regional private broadcasters. 

–  Adopt appropriate measures to support the teaching of languages other than Turkish.  

Situation in the East and Southeast 

–  Abolish the village guard system in the Southeast. Clear the area from landmines.  

–  Develop  a  comprehensive  approach  to  reducing  regional  disparities,  and  in  particular  to  improve 
the  situation  in  Southeast  Turkey,  with  a  view  to  enhancing  economic,  social  and  cultural 
opportunities for all citizens.  

–  Pursue measures to facilitate the return of internally displaced persons to their original settlements 
in  line  with  the  recommendations  of  the  UN  Secretary  General’s  Special  Representative  for 
Displaced Persons. 

–  Ensure fair and speedy compensation to those that have suffered loss and damage as a result of the 

security situation in the Southeast. 

REGIONAL ISSUES AND INTERNATIONAL OBLIGATIONS 

Cyprus 

–  Continue to support efforts to find a comprehensive settlement of the Cyprus problem within the 

UN framework and in line with the principles on which the Union is founded. 

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–  Implement fully the Protocol adapting the Ankara Agreement to the accession of the 10 new EU 

Member States including Cyprus4. 

–  Undertake steps towards  normalisation of bilateral relations between Turkey and all EU Member 

States, including the Republic of Cyprus4. 

Peaceful settlement of border disputes 

–  Continue the efforts to resolve any outstanding border disputes in conformity with the principle of 
peaceful  settlement  of  disputes  in  accordance  with  the  UN  Charter  including  if  necessary 
jurisdiction of the International Court of Justice. 

Obligations under the Association Agreement 

–  Ensure  implementation  of  commitments  undertaken  under  the  Association  Agreement,  including 

the Customs union. 

Economic Criteria 

–  Continue  to  implement  the  current  structural  reform  programme  agreed  with  the  IMF  and  the 

World Bank, in particular, ensure the control of public expenditure. 

–  Complete  the  implementation  of  the  financial  sector  reform,  in  particular  the  alignment  of 

prudential and transparency regulations and their surveillance with international standards. 

–  Safeguard the independence of market regulatory authorities. 

–  Accelerate the privatisation of state-owned entities, in particular of State owned banks, taking into 

account the social component. 

–  Continue with market liberalisation, and price reforms, in particular in the areas of energy, tobacco 

and sugar. 

–  Continue the economic dialogue with the EU, in particular in the framework of the Pre-accession 
Fiscal Surveillance procedures, with emphasis on appropriate measures to achieve macroeconomic 
stability and predictability and on the implementation of structural reforms. 

–  Implement means to address the problem of the informal economy. 

–  Improve professional training efforts, in particular for the younger population. 

–  Address labour market imbalances. 

–  Improve  business  climate,  and  in  particular  the  functioning  of  commercial  courts.  To  this  end, 
improve  the  functioning  of  the  commercial  judiciary,  paying  particular  attention  to  the 
independence of the judiciary and appropriate use of expert witness system. 

–  Complete the reform of the financial sector and continue reform of the agricultural sector. 

–  Ensure the improvement of the general level of education and health, paying particular attention to 

the younger generation and disadvantaged regions. 

4 

See also the declaration by the European Community and its Member States of 21 September 2005. 

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–  Facilitate and promote the inflow of foreign direct investments. 

ABILITY TO ASSUME THE OBLIGATIONS OF MEMBERSHIP 

Free movement of goods 

–  Complete the removal of technical and administrative barriers to trade. Ensure effective in-market 

control and free movement of goods. 

–  Complete the identification of measures contrary to Articles 28-30 of the Treaty, and remove them. 
In  particular,  eliminate  all  non-automatic  import  licenses  and  implement  mutual  recognition 
principle in non harmonised areas.  

–  Remove  all  restrictions  to  free  circulation  of  goods  due  to  discrimination  against  carriers  of 

member states, on the ground of their nationality or previous dockings. 

–  Ensure implementation of certification and conformity assessment and CE marking in compliance 
with  the  New  and  Global  Approach  directives;  reinforce  existing  market  surveillance  and 
conformity-assessment structures with equipment and training and create compatible administrative 
infrastructure. 

–  Develop an effective legal metrology infrastructure and facilitate wider application of scientific and 

industrial metrology. 

Right of establishment and freedom to provide services 

–  Define a methodology and roadmap to screen national legislation for potential obstacles to EC 
Treaty provisions related to the right of establishment and the freedom to provide services. 

–  Define  and  begin  implementing  a  roadmap  for  the  alignment  with  the  acquis  on  the  mutual 
the  necessary 

the  establishment  of 

including 

recognition  of  professional  qualifications, 
administrative capacity. 

–  Define a roadmap for the implementation of the postal services acquis. 

Free movement of capital 

–  Remove  all  restrictions  affecting  foreign  direct  investments  originating  from  the  EU  in  all 

economic sectors. 

Public procurement 

–  Accelerate alignment of the public procurement legislation with the acquis, in particular as regards 

concessions in the utilities sector and in relation with review procedures. 

–  Increase  the  capacity  of  the  Public  Procurement  Authority  to  implement  the  new  Public 

Procurement Law. 

Intellectual property law 

–  Improve enforcement of the legislation on Intellectual property rights, by reinforcing administrative 
capacity  and  coordination  including  law  enforcement  agencies  and  the  judiciary.  Address  in 
particular counterfeit of trade marks and piracy, especially on book and other media. 

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–  Agree  to  a  mutually  acceptable  solution  with  the  EU  on  the  pending  generics  applications  in  the 

pharmaceutical sector.  

Competition  

–  Align with the acquis concerning State aids, including in sensitive sectors such as steel, establish a 

national state aid monitoring authority and ensure a strict control of state aids.  

–  Ensure transparency and continuous exchange of information in the competition and state aid field. 

–  Complete alignment in secondary legislation in the antitrust field.  

Financial services 

–  Adopt  the  necessary  implementing  measures  under  the  new  banking  law.  Ensure  consistent 
progress towards the implementation of the roadmap for the new capital requirements framework 
for credit institutions and investment firms. 

–  Strengthen  prudential  and  supervisory  standards  in  the  non-bank  financial  sector,  including  by 

rationalising the supervisory structures where necessary. 

Information society and media  

–  Ensure implementation of tariff and licensing legislation. 

–  Adopt  and  implement  aligned  legislation  on  electronic  communications,  notably  in  the  areas  of 
tariff  and  licensing  legislation,  leased  lines,  access  &  interconnection,  carrier  (pre-)selection  and 
number portability. Strengthen the capacity and the independence of the television/radio regulatory 
authorities. 

–  Continue alignment of legislation in the field of audio-visual policy, in particular with regard to the 

Television without frontiers Directive. 

Agriculture and rural development  

–  Adopt  the  necessary  legislative  measures  and  set  up  suitable  administrative  structures  to  operate 

EU instruments related to rural development. 

Food safety, veterinary and phytosanitary policy 

–  Further align the system of animal identification and registration for bovines with EU requirements 
and start action in view of the identification of sheep and goats and registration of their movements. 

–  Adopt a strategy to eradicate the main animal diseases. 

–  Prepare a program for modernising food-processing establishments to meet EU hygiene and public 

health standards. 

–  Implement residues and zoonosis control programmes. 

Fisheries 

–  Align fisheries management, control, marketing and structural adjustment legislation to the acquis. 

Strengthen the administrative capacity. 

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Transport policy 

–  Remove  all  existing  restrictions  on  Cyprus-flagged  vessels  and  vessels  serving  the  Cyprus  trade 
and the provisions of the aviation agreements that discriminate member states’ carriers on the basis 
of their nationality. 

–  Continue the alignment with the transport acquis in all transport modes. 

–  Strengthen maritime administration, in particular that of flag State control and improve the safety 
record of the Turkish fleet to be removed from the black list flag states of the Paris Memorandum 
of Understanding. 

–  Adopt a programme for adaptation of the Turkish road transport fleet to EU standards. 

Energy 

–  Ensure  independence  and  effective  functioning  of  the  regulatory  authority  concerning  electricity, 

natural gas and nuclear energy. 

–  Ensure the establishment of a competitive internal energy market, in compliance with the electricity 

and gas Directives. 

–  Support the creation of a gradually integrated regional energy market as part of a wider European 

energy market. Remove restrictions on cross-border trade and third party access. 

–  Develop an energy strategy to facilitate the implementation of the legal framework in line with the 

acquis. 

–  Start  alignment  to  the  acquis  on  energy  efficiency  and  renewable  energy  sources  and  develop 

administrative capacity in these sectors. 

Taxation 

–  Continue  alignment  of  excise  duties  and  VAT,  in  particular  in  respect  of  applied  rates,  scope  of 
exempt  transactions,  and  tax  structure  and  eliminate  tax  measures  which  may  result  in 
discriminatory treatments.  

–  Continue alignment with the acquis in the field of direct taxation, including provisions on exchange 
of information with EU Member States to facilitate enforcement of anti-avoidance and anti-evasion 
measures.  

–  Commit  to  the  principles  of  the  Code  of  Conduct  for  Business  Taxation  and  ensure  that  future 

legislation complies with the principles of the Code of Conduct for Business Taxation. 

–  Intensify  efforts  to  modernise  and  strengthen  the  Tax  Administration  with  a  view  to  increasing 
taxpayer's compliance and to improving the collection of direct taxes, as well as VAT and customs 
revenues, and other indirect taxes. Establish effective instruments to combat fraud. 

–  Begin preparations for the development of the necessary IT systems so as to allow for the exchange 

of electronic data with the EU and its Member States. 

Statistics 

–  Complete the procedures for the adoption and enforcement of a new statistical law in line with EU 

standards. Ensure adequate training of staff and improve the administrative capacity. 

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–  Reinforce  the  strategy  for  the  development  of  statistics  in  particular  in  priority  areas,  such  as: 
demographic  and  Labour  market  statistics,  regional  statistics,  business  statistics  (including 
Business Register) and agriculture statistics. 

–  Adopt  the  pending  classifications,  and  introduce  the  relevant  Statistical  Units  in  the  business 

register. 

–  Improve the National Accounts methodology in line with ESA 95. 

Social policy and employment 

–  Develop  a  yearly  plan  for  financing  investment,  based  on  a  realistic  assessment  of  costs  of 

alignment and of available public and private resources. 

–  Establish conditions for an effective social dialogue, inter alia by abolishing restrictive provisions 

on trade union activities and ensuring respect for trade union rights.  

–  Support social partners' capacity building efforts, in particular with a view to their future role in the 
elaboration  and  implementation  of  employment  and  social  policy,  notably  through  autonomous 
social dialogue. 

–  Continue efforts to tackle the problem of child labour. 

–  Reinforce the capacity of all institutions involved in the transposition of the acquis in the field. 

Enterprise and industrial policy 

–  Pursue  the  restructuring  of  the  steel  sector  in  the  framework  of  a  comprehensive  national 
programme  aiming  to  ensure  the  viability  of  the  sector,  and  the  respect  of  the  EU  rules  on  State 
aids. 

–  Develop and implement a strategy for the promotion of foreign investment. 

Regional policy and coordination of structural instruments 

–  Continue to develop the strategic framework for economic and social cohesion, aimed at reducing 

regional disparities. 

–  Establish the necessary legislative and administrative framework to absorb EU pre-accession funds. 

Justice, freedom and security 

–  Continue  to  develop  and  strengthen  all  law  enforcement  institutions  and  align  their  status  and 
functioning  with  European  standards,  including  through  developing  inter-agency  co-operation. 
Adopt a Code of Police Ethics. Establish an independent and effective complaints system to ensure 
greater  accountability  of  the  police  and  jandarmerie.  Develop  the  use  of  modern  investigative 
techniques  and  crime  prevention  strategies.  Take  steps  to  train  and  develop  the  capacity  of  the 
Judicial Police. 

–  Continue  efforts  to  implement  the  National  Action  Plan  on  Migration  and  Asylum,  to  combat 

illegal migration and to conclude a readmission agreement with the EU.  

–  Begin  implementation  of  the  National  Action  Plan  on  Border  Management,  in  particular  through 
taking  steps  to  establish  a  professional  non-military  border  guard  and  through  de-mining  of  the 
border.  

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–  Adopt  and  implement  a  National  Strategy  on  Organised  Crime.  Strengthen  the  fight  against 

organised crime, drugs, trafficking in persons, fraud, corruption and money-laundering.  

–  Develop and start implementing a National Drugs Strategy in line with the EU Drugs Strategy and 

Action Plan. 

–  Adopt  a  law  on  protection  of  personal  data  in  line  with  the  acquis  and  establish  an  independent 

supervisory authority.  

–  Designate a service with competencies to protect the euro against counterfeiting. 

Science and research 

–  Start designing and applying an integrated research strategy. 

Education and culture 

–  Facilitate  the  functioning  of  the  National  Agency  to  consolidate  participation  in  the  Socrates, 
Leonardo da Vinci and Youth Programmes. Promote participation in the Culture 2000 programme. 

Environment 

–  Adopt a revised programme for transposition and implementation of the acquis. Develop a plan for 

financing investment. 

–  Continue to transpose and implement the acquis related to the framework legislation, international 
environmental conventions, and legislation on nature protection, water quality, Integrated Pollution 
Prevention  Control  and  waste  management.  Implement  and  enforce  the  amended  environmental 
impact assessment directive. 

–  Pursue the integration of environmental requirements into other sectoral policies.  

–  Develop  a  plan  to  strengthen  administrative  capacity,  implementation  and  enforcement  of 

environmental legislation. 

–  Pursue  the  development  of  transboundary  water  cooperation,  in  line  with  the  water  framework 

directive and international conventions to which the EC is a party. 

Consumer and health protection 

–  Align with the acquis. In particular, including foodstuff legislation, and food safety. 

–  Further  develop  institutional  structures  for  effective  implementation,  in  particular  with  regard  to 

market surveillance. 

–  Further  develop  systems  for  notification  of  dangerous  products  on  national  level  and  exploit  the 
possibilities  to  exchange  such  notifications  on  international  level  through  TRAPEX  or  other 
relevant systems. 

Customs union 

–  Adopt  new  customs  code  to  further  align  customs  rules  with  the  relevant  acquis  including 

preferential origin rules. 

–  Align  legislation  on  free  zones  with  the  relevant  acquis  and  enforce  it,  particularly  for  rules 

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concerning customs controls and tax auditing. 

–  Continue  to  strengthen  the  administrative  and  operational  capacity  of  the  customs  administration 

and align internal procedures with the EU standards. 

–  Begin preparations for the development of the necessary IT systems so as to allow for the exchange 

of electronic data with the EU and its Member States, beginning with transit and tariff areas. 

External relations and Foreign, security and defence policy 

–  Complete  alignment  with  EC  Common  Commercial  Policy,  by  aligning  with  EC  preferential 

regimes including the new EC-Generalised System of Preferences regime. 

–  Continue efforts to conclude outstanding Free Trade Agreements with third countries. 

–  Progressively align policies towards third countries and positions within international organisations 
with  those  of  the  EU  and  its  Member  States  including  in  relation  to  the  membership  by  all  EU 
Member States of relevant organisations and arrangements such as Wassenaar5.  

Financial control 

–  Ensure the timely implementation of the Law on Public Financial Management and Control.  

–  Adopt  new  legislation  to  reform  the  external  audit  function  in  accordance  with  International 
Organisation  of  Supreme  Audit  Institutions  rules  and  in  compliance  with  the  Law  on  Public 
Financial Management and Control, to ensure the independence of the Court of Accounts. 

–  Establish  effective  procedures  for  the  treatment  of  irregularities  and  cases  of  suspected  fraud 
affecting  pre-accession  assistance,  including  the  effective  communication  of  irregularities  to  the 
Commission. 

–  Strengthen  the  implementation  system  for  management  of  Community  pre-accession  funds  and 

adapt it to evolution of Pre-accession instruments. 

–  Establish the administrative structures necessary for the effective and equivalent protection of the 
EU funds and for the cooperation with the European Commission Anti-Fraud Office (OLAF).  

3.2 

Medium –Term Priorities 

Economic Criteria 

–  Complete the implementation of the privatisation programme.  

–  Complete the reform of the agricultural sector. 

–  Ensure the sustainability of the pension and social security system. 

–  Continue  to  improve  the  general  level  of  education  and  health,  paying  particular  attention  to  the 

younger generation and disadvantaged regions. 

5 

See  Presidency  statement  with  the  consent  of  the  Council  of  3  October  2005:  Paragraph  7  of  the 
Negotiating Framework, which is covering all relevant international organisations, cannot be interpreted 
as prejudicing the autonomy of decision-making and rights of any of those international organisations 
or of their members, or of the Member States of the European Union. 

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ABILITY TO ASSUME THE OBLIGATIONS OF MEMBERSHIP 

Right of establishment and freedom to provide services 

–  Remove  restrictions  on  the  right  of  establishment  and  on  the  freedom  to  provide  cross-border 

services. 

–  Start alignment with the acquis on postal services. Start the liberalisation of the postal services and 

establish a national regulatory authority. 

–  Achieve substantial alignment with the acquis as regards recognition of professional qualifications. 

Public procurement 

–  Ensure  that  public  procurement  rules  are  effectively  implemented  by  contracting  authorities  and 
entities at all levels, including by developing and applying operational tools, providing training and 
strengthening the administrative capacity of contracting authorities and entities. 

–  Promote the use of electronic means in procurement procedures. 

–  Adopt  a  comprehensive  national  strategy  to  develop  Turkey’s  public  procurement  system, 

including the use of electronic means in all stages of the procurement procedure. 

Intellectual property law 

–  Complete  alignment  and  ensure  the  enforcement  of  intellectual  property  rights  by  strengthening 

enforcement structures and mechanisms, including enforcement authorities and the judiciary. 

Financial services 

–  Make substantial progress towards the implementation of the new capital requirements framework, 

in line with the BRSA’s detailed roadmap. 

–  Make  substantial  progress  towards  the  alignment  of  legislation  with  the  acquis  in  the  non-bank 

financial sector. 

Company Law 

–  Complete alignment with the acquis. 

–  Adopt a general-purpose financial reporting framework in line with EU standards, making full use 

of the exemptions foreseen in the acquis. 

–  Strengthen disclosure requirements. In particular, adopt a general requirement for companies to file 
audited legal entity and consolidated financial statements in order to make them publicly available. 

–  Strengthen  the  capacity  of  all  relevant  authorities  to  monitor  and  enforce  financial  reporting 

standards. 

Competition 

–  Consolidate enforcement in the antitrust and state aid field with special attention to monopolies and 

undertakings with special and exclusive rights. 

–  Pursue the restructuring of the steel sector in the framework of an agreed comprehensive sectoral 

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programme. 

–  Increase  awareness  of  the  anti-trust  and  state  aid  rules  among  all  market  participants  and  aid 

grantors. 

Information society and media 

–  Complete  the  transposition  of  the  acquis  in  the  telecommunication  area  and  prepare  for  full 

liberalisation of the markets. 

–  Complete alignment of audio-visual legislation and strengthen the capabilities of the independent 

television/radio regulatory authority. 

Agriculture and rural development  

–  Continue work on the setting up of the Integrated Administration and Control System, in particular 

with regard to a land parcel identification system. 

Food safety, veterinary and phytosanitary 

–  Align the veterinary, food safety, and phytosanitary legislation. 

–  Build up the necessary administrative capacity to implement the veterinary, phytosanitary and food 

legislation. 

–  Establish  animal  identification  and  registration  system  for  sheep  and  goats  in  line  with  the  EU 

requirements. 

–  Upgrade  agri-food  processing  establishments  so  that  they  are  in  a  position  to  respect  EU  food 

safety standards and legislation. Modernise dairy farms. 

–  Implement food safety control systems 

–  Set up a system of collections of cadavers and treatment of animal by-products. 

–  Implement eradication plans for the main diseases  

–  Align the system of plant variety registration with EU requirements. 

Fisheries 

–  Complete  the  establishment  of  adequate  administrative  structures  and  equipment  at  central  and 

regional level that can ensure the implementation of the Common Fisheries Policy. 

Transport policy 

–  Complete the legislative and administrative alignment on all modes of transport. For road transport 
aim in particular at market access, road safety, road worthiness tests, road side inspections as well 
as social, fiscal and technical rules. Maritime transport should include maritime safety.  

–  Ensure implementation and enforcement of transport legislation in road, maritime and air transport 
(particularly  air  safety  and  air  traffic  management).  To  this  end,  improve  implementation  and 
enforcement capacity of related institutions for all aspects of civil aviation, road transportation and 
railways. 

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–  Complete  the  restructuring  of  the  national  railway  company  and  open  up  the  railway  market  in 

conformity with the requirements of the acquis. 

–  Implement a programme of technical adaptation for the Turkish maritime and road transport fleet to 

comply with the Community norms. 

Energy 

–  Complete alignment of national legislation with the acquis. 

–  Further strengthen administrative and regulatory structures. 

–  Restructure energy utilities and open up energy markets in conformity with the acquis. 

–  Ensure  a  high  level  of  nuclear  safety.  When  a  nuclear  energy  production  capacity  is  created,  in 
particular strengthen the capacity, independence and resources of the regulatory authority in good 
time before the issuance of licenses begins. Ensure that environmental impact assessments (EIA) 
are carried out in full compliance with the EIA Directive. 

Taxation 

–  Substantially  advance  work  towards  completing  alignment  with  the  tax  acquis,  as  regards  VAT, 

excise duties and direct taxation, including the Code of Conduct for business taxation. 

–  Continue strengthening and modernising the tax administration, including the IT sector, in order to 
improve collection of tax revenues. Continue preparations for the development of the necessary IT 
systems so as to allow for the exchange of electronic data with the EU and its Member States.  

Economic and monetary policy 

–  Complete alignment with the acquis provisions concerning the prohibition of privileged access of 
public sector authorities to financial institutions and the prohibition of direct financing of the public 
sector. 

Statistics 

–  Bring the Business Register up to EU standards. 

–  Align  macro-economic  statistics  further  with  the  acquis,  in  particular  as  regards  GDP estimates, 
harmonised  consumer  price  indexes,  short-term  indicators,  balance  of  payments,  and  labour 
statistics. 

–  Strengthen the coordination role of the State institute of Statistics in order to improve the collection 

and processing of data originating in different governmental offices.  

–  Intensify the use of administrative sources for data collection. 

–  Complete harmonisation of finance statistics with the ESA 95 requirements. 

Social policy and employment 

–  Complete  transposition  of  the  acquis  and  strengthen  the  related  administrative  and  enforcement 

structures, including the labour inspectorates. 

–  Ensure implementation and enforcement of the social policy and employment acquis. 

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–  Prepare a national employment strategy with a view to participation in the European Employment 
Strategy,  including  preparation  and  implementation  of  a  Joint  Employment  Policy  Review,  and 
develop a capacity to monitor labour market and social developments. 

–  Prepare a national strategy on social inclusion, including data collection, in line with EU practice. 

–  Further  develop  social  protection,  notably  by  consolidating  the  reform  of  the  social  security  and 
pension system with a view to financial sustainability, while strengthening the social safety net. 

Enterprise and Industrial Policy 

–  Continue simplifying the business environment for SMEs, and align with the SME definition used 

in the EU. 

Trans-European networks 

–  Implement the prioritised projects identified under the Transport Infrastructure Needs Assessment 

and in coherence with the European Community TEN-transport guidelines. 

–  Promote  the  implementation  of  projects  in  Turkey  listed  as  projects  of  common  interest  in  the 

European Community TEN-Energy Guidelines. 

Regional policy and coordination of structural instruments 

–  Continue to strengthen the administrative capacity for the implementation of regional policy at both 

central and regional level. 

–  Establish  multi-annual  budgeting  procedures  setting  out  priority  criteria  for  public  investment  in 

the regions. 

Justice, freedom and security 

–  Align the status and functioning of the jandarmerie with European standards. 

–  Pursue alignment of visa legislation and practice with the acquis. 

–  Continue  with  alignment  with  the  acquis  in  the  field  of  asylum,  through  the  lifting  of  the 
geographical  limitation  to  the  Geneva  Convention;  strengthening  the  system  for  hearing  and 
determining  applications  for  asylum  and  developing  social  support  and  integration  measures  for 
refugees.  

–  In the field of drugs, continue to strengthen the National Focal Point.  

–  Continue  to  develop  the  capacity  of  the  customs  service,  including  through  the  conclusion  of 

customs co-operation agreements and the introduction of mobile surveillance units.  

–  In the field of data protection, ensure implementation of the acquis through the establishment of an 

independent supervisory authority. 

–  Adopt and implement the acquis and best practices on migration with a view to preventing illegal 

migration. 

–  Continue  alignment  with  the  acquis  and  best  practices,  in  line  with  the  National  Action  plan  on 

Border Management, so as to prepare for full alignment with the Schengen acquis. 

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–  Adopt and implement the acquis in the fields of corruption, fight against drugs, organised crime, 
money laundering, judicial cooperation in criminal and civil matters, criminal law protection of the 
euro and of the Community’s financial interests.  

Education and culture 

–  Align  with  EU  policies  for  the  protection  of  cultural  diversity,  including  in  the  light  of  the 

UNESCO Convention on Cultural Diversity.  

Environment 

–  Continue alignment with the acquis and strengthen the institutional, administrative and monitoring 

capacity to ensure environmental protection, including data collection. 

–  Integrate  sustainable  development  principles  into  the  definition  and  implementation  of  sectoral 

policies. 

–  Ensure  full  transposition  and  progressive  implementation  and  enforcement  of  the  strategic 

environmental assessment directive, as amended. 

–  Adopt and implement a national waste management plan. 

Customs Union 

–  Complete  alignment  of  customs  legislation  in  particular  on  free  zones,  dual-use  goods  and 

technologies, precursors and counterfeited and pirated goods. 

–  Continue efforts to modernise customs controls and operations and ensure that all customs offices 

are equipped with IT infrastructure.  

–  Continue preparations for interconnectivity of the IT systems with the EU. 

Financial control  

–  Reinforce  the  current  management  and  control  capacity  of  all  institutes  involved  in  the 

management of Community pre-accession funds under DIS.  

–  Prepare  all  institutions  involved  in  the  management  of  Community  pre-accession  funds  for 

accreditation under the Extended Decentralised Implementation System (EDIS).  

–  Prepare for the designation of an operationally independent anti-fraud service. 

–  Reinforce  the  capacity  of  the  administrative  structures  established  for  the  protection  of  the  EC’s 

financial interests. 

4. 

PROGRAMMING 

Financial  assistance  for  the  priorities  identified  in  the  Accession  Partnership  will  be  made  available 
through  annual  financing  decisions  taken  by  the  Commission,  following  the  procedure  set  out  in 
Article 8 of Council Regulation (EC) No 2500/2001 on pre-accession financial assistance for Turkey 
(for the 2006 programme) and in the Regulation for the Instrument for Pre-accession Assistance (IPA), 
once this has been adopted (for the 2007-2013 programmes). The financing decisions will be followed 
by a Financing Agreement signed with Turkey.  

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5. 

CONDITIONALITY 

Community assistance for financing projects through the pre-accession instruments is conditional on 
the respect by Turkey of its commitments under the EC-Turkey Agreements, including Customs union 
Decision  1/95  and  other  decisions,  further  concrete  steps  towards  satisfying  effectively  the 
Copenhagen  criteria  and  in  particular  progress  in  meeting  the  specific  priorities  of  this  revised 
Accession  Partnership.  Failure  to  respect  these  general  conditions  could  lead  to  a  decision  by  the 
Council  on  the  suspension  of  financial  assistance  on  the  basis  of  Article  5  of  Regulation  (EC)  No 
2500/2001. Specific conditions are also included in individual annual programmes. 

6. 

MONITORING 

The  implementation  of  the  Accession  Partnership  shall  be  examined  through  the  framework  of  the 
mechanisms  established  under  the  Association  Agreement  as  appropriate  and  through  the 
Commission’s Progress Reports. 

The  Association  Agreement  sub-committees  provide  the  possibility  to  review  implementation  of  the 
Accession  Partnership  priorities  as  well  as  progress  as  regards  legal  approximation,  implementation 
and enforcement. The Association Committee discusses overall developments, progress and problems 
in meeting the Accession Partnership’s priorities as well as more specific issues referred to it from the 
sub-committees. 

The  monitoring  of  the  pre-accession  financial  assistance  programme  shall  be  carried  out  jointly  by 
Turkey and the European Commission through a Joint Monitoring Committee. In order to ensure the 
effectiveness of monitoring, projects being funded under each Financing Agreement must incorporate 
verifiable and measurable indicators of achievements. Monitoring based on these indicators will assist 
the  Commission,  the  PHARE  Management  Committee  (and  its  successor  under  IPA)  and  Turkey  in 
subsequently reorienting programmes where necessary and in the design of new programmes. 

The  PHARE  Management  Committee  ensures  that  actions  financed  under  the  pre-accession 
programme are compatible with each other as well as with the Accession Partnership as laid down in 
Council Regulation (EC) No 2500/20016. 

The Accession Partnership will continue to be amended as necessary in accordance with Article 2 of 
Regulation (EC) No 622/98. 

6 

OJ L 342, 27.12.2001, p. 1. 

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