COMMISSION STAFF WORKING DOCUMENT TURKEY 2010 Progress Report    accompanying the  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL  Enlargement Strategy and Main Challenges 2010-2011
Date: 2010-11-09
Institutions: European Commission
Subjects: North Macedonia, accession to the European Union, enlargement of the Union, pre-accession strategy, report

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EUROPEAN COMMISSION 

Brussels, 9.11.2010 
SEC(2010) 1327 final 

COMMISSION STAFF WORKING DOCUMENT 

TURKEY 2010 PROGRESS REPORT 

accompanying the 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT AND THE COUNCIL 

Enlargement Strategy and Main Challenges 2010-2011 

{COM(2010) 660 final} 

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TABLE OF CONTENTS 

1. 

1.1. 

1.2. 

1.3. 

2. 

2.1. 

2.2. 

2.3. 

3. 

3.1. 

3.2. 

4. 

4.1. 

4.2. 

4.3. 

4.4. 

4.5. 

4.6. 

4.7. 

4.8. 

4.9. 

Introduction .................................................................................................................. 4 

Preface.......................................................................................................................... 4 

Context ......................................................................................................................... 4 

Relations between the EU and Turkey......................................................................... 5 

Political criteria ............................................................................................................ 6 

Democracy and the rule of law .................................................................................... 6 

Human rights and the protection of minorities .......................................................... 16 

Regional issues and international obligations ............................................................ 36 

Economic criteria ....................................................................................................... 38 

The existence of a functioning market economy ....................................................... 38 

The capacity to cope with competitive pressure and market forces within the Union
.................................................................................................................................... 42 

Ability to assume the obligations of membership...................................................... 44 

Chapter 1: Free movement of goods .......................................................................... 45 

Chapter 2: Freedom of movement for workers .......................................................... 48 

Chapter 3: Right of establishment and freedom to provide services ......................... 48 

Chapter 4: Free movement of capital ......................................................................... 49 

Chapter 5: Public procurement................................................................................... 50 

Chapter 6: Company law............................................................................................ 51 

Chapter 7: Intellectual property law........................................................................... 52 

Chapter 8: Competition policy ................................................................................... 54 

Chapter 9: Financial services ..................................................................................... 55 

4.10.  Chapter 10: Information society and media ............................................................... 56 

4.11.  Chapter 11: Agriculture.............................................................................................. 58 

4.12.  Chapter 12: Food safety, veterinary and phytosanitary policy .................................. 59 

4.13.  Chapter 13: Fisheries.................................................................................................. 61 

4.14.  Chapter 14: Transport policy ..................................................................................... 62 

4.15.  Chapter 15: Energy .................................................................................................... 64 

4.16.  Chapter 16: Taxation.................................................................................................. 66 

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4.17.  Chapter 17: Economic and monetary union............................................................... 67 

4.18.  Chapter 18: Statistics.................................................................................................. 68 

4.19.  Chapter 19: Social policy and employment ............................................................... 68 

4.20.  Chapter 20: Enterprise and industrial policy.............................................................. 72 

4.21.  Chapter 21: Trans-European networks....................................................................... 73 

4.22.  Chapter 22: Regional policy and coordination of structural instruments .................. 73 

4.23.  Chapter 23: Judiciary and fundamental rights ........................................................... 75 

4.24.  Chapter 24: Justice, freedom and security ................................................................. 81 

4.25.  Chapter 25: Science and research .............................................................................. 87 

4.26.  Chapter 26: Education and culture............................................................................. 88 

4.27.  Chapter 27: Environment ........................................................................................... 89 

4.28.  Chapter 28: Consumer and health protection............................................................. 91 

4.29.  Chapter 29: Customs Union ....................................................................................... 93 

4.30.  Chapter 30: External relations.................................................................................... 94 

4.31.  Chapter 31: Foreign, security and defence policy...................................................... 95 

4.32.  Chapter 32: Financial control..................................................................................... 97 

4.33.  Chapter 33: Financial and budgetary provisions........................................................ 98 

Statistical Annex .................................................................................................................... 100 

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COMMISSION STAFF WORKING DOCUMENT 

2010 Progress Report 

1. 

INTRODUCTION 

1.1. 

Preface 

Following  the  conclusions  of  the  Luxembourg  European  Council  in  December  1997,  the 
Commission has reported regularly to the Council and the Parliament. 

This report on progress made by Turkey in preparing for EU membership largely follows the 
same structure as in previous years. The report: 

–  briefly describes the relations between Turkey and the Union; 

–  analyses the situation in Turkey in terms of the political criteria for membership; 

–  analyses the situation in Turkey on the basis of the economic criteria for membership; 

–  reviews  Turkey's  capacity  to  assume  the  obligations  of  membership,  that  is,  the  acquis 

expressed in the Treaties, the secondary legislation, and the policies of the Union. 

The  period  covered  by  this  report  is  from  early  October  2009  to  October  2010.  Progress  is 
measured on the basis of decisions taken, legislation adopted and measures implemented. As a 
rule, legislation or measures which are under preparation or awaiting Parliamentary approval 
have not been taken into account. This approach ensures equal treatment across all reports and 
permits an objective assessment. 

The  report  is  based  on  information  gathered  and  analysed  by  the  Commission.  In  addition, 
many  sources  have  been  used,  including  contributions  from  the  government  of  Turkey,  the 
EU Member States, European Parliament reports1, and information from various international 
and non-governmental organisations. 

The Commission draws detailed conclusions regarding Turkey in its separate communication 
on enlargement2, based on the technical analysis contained in this report. 

1.2. 

Context 

The Helsinki European Council of December 1999 granted the status of candidate country to 
Turkey. Accession negotiations with Turkey were opened in October 2005. 

The  Association  Agreement  between  Turkey  and  the  then  EEC  was  signed  in  1963  and 
entered in force in December 1964. Turkey and the EU formed a customs union in 1995. 

1 
2 

The rapporteur for Turkey is Mrs. Oomen-Ruijten. 
Enlargement Strategy and Main Challenges 2010). COM (2010) 660 of 09.11.2010 

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1.3. 

Relations between the EU and Turkey 

Accession  negotiations  with  Turkey  continued.  During  the  preparatory  analytical  phase  the 
level  of  preparedness  to  start  negotiations  on  individual  chapters  has  been  assessed  on  the 
basis of screening reports. Of a total of 33 screening reports, one has still to be delivered by 
the Commission to the Council whilst nine are being discussed in the Council. 

So far, negotiations have been opened on thirteen chapters (Science and research, Enterprise 
and industry, Statistics, Financial Control, Trans-European Networks, Consumer and health 
protection,  Intellectual  property  law,  Company  law,  Information  society  and  media,  Free 
movement  of  capital,  Taxation,  Environment  and  Food  safety,  veterinary  and  phytosanitary 
policy)  one  of  which  (Science  and  research)  was  provisionally  closed.  The  December  2006 
Council decision3 remains in force. 

The enhanced political dialogue between the EU and Turkey has continued. Political dialogue 
meetings were held at ministerial level on 26 November 2009 and 13 July 2010. There was 
one political dialogue meeting at political director level on 10 February 2010. These meetings 
focused on the main challenges faced by Turkey in terms of the Copenhagen political criteria 
and  reviewed  progress  being  made  towards  fulfilment  of  Accession  Partnership  priorities. 
Foreign policy issues related to regional areas of common interest to the EU and Turkey, such 
as  Iraq,  Iran,  the  Middle  East  and  the  Caucasus,  were  also  regularly  discussed.  Economic 
dialogue took place in a bilateral meeting with the Commission and Turkish senior officials in 
February 2010. In addition, the multilateral economic dialogue between the Commission, EU 
Member States and Candidate Countries in the context of the pre-accession fiscal surveillance 
continued, including a meeting at Ministerial level in May in Brussels. Moreover, a number of 
high-level  visits  from  Turkey  to  the  European  institutions  took  place  during  the  reporting 
period. 

The  EU-Turkey  Customs  Union  continues  to  contribute  to  the  enhancement  of  EU-Turkey 
bilateral  trade,  which  amounted  to  €80  billion  in  2009.  Turkey  is  the  EU's  seventh  biggest 
trading partner while the EU is the biggest trade partner of Turkey. Almost half of Turkey's 
total trade is with the EU while more than two thirds of FDI in Turkey come from the EU. 
However, Turkey maintained and introduced legislation and restrictions that are in violation 
of  its  commitments  under  the  Customs  Union.  A  number  of  Turkey’s  commitments  on 
removing  technical  barriers  to  trade  such  as  conformity  assessments  checks,  import  and 
export  licensing  requirements,  restrictions  on  import  of  goods  from  third  countries  in  free 
circulation in the EU, State aid, enforcement of intellectual property rights, requirements for 
the  registration  of  new  pharmaceutical  products  and  tax  discriminatory  treatment  remain 
unfulfilled. No progress can be reported concerning Turkey's longstanding ban on imports of 
live bovine  animals, beef meat and other animal products. Turkey needs to fully implement 
the Customs Union and to remove a large number of obstacles affecting EU products that are 
in  free  circulation.  The  EU  urged  Turkey  to  remove  all  remaining  restrictions  on  the  free 
movement  of  goods,  including  restrictions  on  means  of  transport  regarding  Cyprus,  and  to 
fully implement the Customs Union. 

3 

The  decision  sets  out  that  negotiations  will  not  be  opened  on  eight  chapters  relevant  to  Turkey's 
restrictions  regarding  the  Republic  of  Cyprus  and  no  chapter  will  be  provisionally  closed  until  the 
Commission  confirms  that  Turkey  has  fully  implemented  the  Additional  Protocol  to  the  Association 
Agreement. 

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The  EU  provides  guidance  to  the  authorities  on  reform  priorities  through  the  Accession 
Partnership, adopted in February 2008. Progress on these reform priorities is encouraged and 
monitored  through  the  bodies  set  up  under  the  Association  Agreement.  The  Association 
Committee  met  on  27  March  2010,  the  Association  Council  on  19  May  2010.  Eight  sector 
sub-committees have been held since November 2009. 

As regards financial assistance, some €654 million have been earmarked for Turkey from the 
Instrument for Pre-accession Assistance (IPA) in 2010. The revised Multi-Annual Indicative 
Planning Document 2011-2013, which provides the strategic multi-annual framework for all 
programmes at national level (covering all five IPA components), has been drafted based on 
input from the Turkish institutions and will be presented to the IPA Management Committee 
in the beginning of 2011. Support will focus on priority areas such as, fundamental rights and 
the  rule  of  law,  public  administration  reform,  competitiveness,  environment,  transport, 
energy,  social  development  and  agriculture  and  rural  development.  In  addition,  Turkey  is 
benefiting from support for cross-border cooperation and a series of regional and horizontal 
programmes under IPA. 

EU financial support has been provided to civil society development under the Civil Society 
Facility,  in  particular  to  enhance  civil  society  organisations´  capacities.  Moreover,  technical 
assistance was provided to the Turkish administration promoting good practices on support of 
active  citizenship.  In  2010  funding  was  also  provided  to  encourage  a  civil  society  dialogue 
between Turkey and the EU in the areas of political criteria and media. In addition, Turkey's 
participation in EU programmes and agencies has been co-financed and projects in areas such 
as  media,  youth,  academic  institutions,  local  authorities,  cultural  organisations/centres  and 
civil society organisations have been supported. 

Assistance  under  IPA  is  implemented  through  decentralised  management,  meaning  that 
assistance is managed by the Turkish authorities as a result of an accreditation process carried 
out  by  the  Commission  that  was  completed  for  IPA  components  I-IV  in  2009.  In  2010  the 
main  focus  has  been  to  start  implementation  under  these  components.  Turkey  needs  to 
strengthen  its  capacity  to  absorb  funds,  achieve  results  and  implement  in  a  timely  manner 
components  I-IV.  Moreover,  preparations  for  the  conferral  of  management  responsibility 
under  the  rural  development  component  (V)  need  to  be  completed.  The  supervision  by  the 
National Authorising Officer needs to address system weaknesses, including monitoring and 
control, and further improve the quality and efficiency of the project and programme cycles.  

2. 

POLITICAL CRITERIA 

This  section  examines  progress  made  by  Turkey  towards  meeting  the  Copenhagen  political 
criteria, which require stability of institutions guaranteeing democracy, the rule of law, human 
rights  and  respect  for  and  protection  of  minorities.  It  also  monitors  compliance  with 
international  obligations,  regional  cooperation  and  good  neighbourly  relations  with 
enlargement countries and Member States. 

2.1. 

Democracy and the rule of law 

The domestic political agenda has been dominated by the constitutional reform package, the 
government’s  democratic  opening  to  address  notably  the  Kurdish  issue  and  the  widening 
investigations into alleged  coup plans.  A confrontational  political  climate  prevailed,  marked 

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by  lack  of  dialogue  and  spirit  of  compromise  between  the  main  political  parties  and  the 
government and strained relations between key political institutions.  

Further  judicial  investigations  were  opened  into  alleged  coup  plans  prepared  by  military 
officers.  In  July,  a  criminal  court  in  Istanbul  accepted  the  indictment  against  196  suspects 
including 19 retired and 28 serving generals and admirals for establishing a structure outside 
the military hierarchy and attempting to overthrow the government and constitutional order. 
The  coup  plan,  referred  to  as  ‘Sledgehammer’,  was  allegedly  prepared  in  2003  under  the 
auspices of the First Army. Pending the start of the trial on 16 December 2010 all defendants 
are free. 

The  trial  against  the  alleged  criminal  network  Ergenekon  is  continuing  and  investigations 
have been widened. A total of 270 people, including 116 military officers and 6 journalists, 
were  charged  with  trying  to  overthrow  the  government  and  to  instigate  armed  riots  under 
seven  separate  indictments.  The  case  concerning  the  2006  attack  on  the  Council  of  State, 
which left a senior judge dead, was merged with the Ergenekon case. A coup plan, referred to 
as the ‘cage plan’, dated March 2009, was seized by investigators from Ergenekon suspects. 
The  'cage  plan'  allegedly  aimed  at  destabilising  the  country  by  killing  members  of  non-
Muslim minorities, Former commanders of the air force, navy and army testified in the case 
and, for the first time, a full general on active duty, the commander of the Third Army, was 
summoned  to  testify  as  a  member  of  the  Ergenekon  network  in  Erzincan.  The  investigation 
into  the  coup  plan,  referred  to  as  the  ‘action  plan  against  reactionarism’  begun  in  2009 
continued.  

The  time  lapse  between  arrests  and  the  presentation  of  indictments  to  the  court  in  these 
investigations fuelled concerns about effective judicial guarantees for all suspects. The length 
of pre-trial detention raises concern.  

In  December,  the  Constitutional  Court  (CC)  ruled  unanimously  to  dissolve  the  Democratic 
Society Party (DTP) and to ban 37 members from party politics for five years, including two 
Members of Parliament who thereby lost their parliamentary seats. The ruling was a serious 
setback to the government’s efforts at democratic opening. Under Articles 68 and 69 of the 
Constitution  and  the  relevant  provisions  of  the  Law  on  political  parties,  the  party  was 
sentenced as a ‘focus of activities against the indivisible integrity of the State’. Former DTP 
Members of Parliament joined the new Peace and Democracy Party (BDP) and created a new 
parliamentary group under the BDP. 

Overall,  the  investigation  into  the  alleged  criminal  network  Ergenekon  and  the  probe  into 
several  other  coup  plans  remain  an  opportunity  for  Turkey  to  strengthen  confidence  in  the 
proper  functioning  of  its  democratic  institutions  and  the  rule  of  law.  However,  there  are 
concerns  as  regards  judicial  guarantees  for  all  suspects.  Turkey  still  needs  to  align  its 
legislation  as  regards  procedure  and  grounds  for  closure  of  political  parties  with  European 
standards. 

Constitution  

The  government  put  forward  a  number  of  amendments  to  the  Constitution  which  were 
adopted by parliament in May and approved in a referendum in September with a majority of 
58% of the votes and high voter turnout (73%). The key provisions of the package change the 
composition of the Constitutional Court and of the High Council of Judges and Prosecutors, 
restrict  the  authority  of  military  courts,  allow  appeals  against  expulsion  decisions  by  the 

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Supreme Military Council to be brought before civilian courts, establish a constitutional base 
for  the  Ombudsman  service,  introduce  the  right  to  collective  bargaining  for  public  servants 
and allow positive discrimination measures in favour of women, children and the elderly. 

The government established an action plan on legislation necessary for the implementation of 
the  constitutional  amendments,  and 
to  consult  stakeholders. 
indicated 
Consultations  are  also  ongoing  with  the  Venice  Commission  of  the  Council  of  Europe  for 
those constitutional amendments regarding the judiciary. 

intention 

its 

However,  one  of  the  key  provisions  originally  included  in  the  package,  which  would  have 
made closure of political parties more difficult, was dropped when it failed to secure sufficient 
votes in parliament. 

The  drafting  and  adoption  of  the  constitutional  reforms  was  not  preceded  by  a  consultation 
process involving political parties and civil society. 

The  main  opposition  Republican  People’s  Party  (CHP)  lodged  a  petition  before  the 
Constitutional  Court  to  annul  the  entire  package.  The  Court  ruled  against  the  annulment 
request  but  amended  two  provisions  relating  to  the  process  for  appointing  members  of  the 
Constitutional Court and of the High Council of Judges and Prosecutors. 

Overall,  the  constitutional  amendments  are  a  step  in  the  right  direction.  They  address  a 
number  of  priorities  of  the  Accession  Partnership  in  the  area  of  the  judiciary,  fundamental 
rights  and  public  administration.  However,  broad  public  consultation  involving  all  political 
parties  and  civil  society,  with  their  full  engagement,  is  needed  to  strengthen  support  for 
constitutional  reform.  The  implementation  of the  amended  constitutional  provisions  through 
legislation, in line with European standards, is key.  

Parliament 

The  confrontational  political  climate  between  the  main  political  parties  continued  to  slow 
down work on political reforms. The main opposition CHP party elected a new party leader in 
May. Apart from the Law amending the Constitution, parliament passed a limited number of 
laws covering areas related to the Copenhagen political criteria. 

In  October,  an  amendment  to  the  Law  on  the  election  of  parliamentarians  was  adopted. 
Accordingly,  parliamentary  elections  will  be  held  every  four  years  instead  of  every  five,  in 
line with an amendment to the Constitution adopted earlier in the year. 

In  March,  the  Law  on  elections  and  electoral  rolls  was  amended  to  allow  use  of  languages 
other than Turkish for oral and written publicity material during election campaigns. Further 
changes  to  the  law  aimed  at  ensuring  transparency  concerning  the  income  and  expenses  of 
political parties and candidates during campaigns. 

No  changes  were  made  to  the  electoral  system.  The  10%  of  the  national  vote  required  for 
representation in parliament, which is the highest threshold in any Council of Europe member 
state, remains. 

The scope of parliamentary immunities continues to raise concerns. It is too wide in cases of 
corruption but  at the same time it does  not adequately protect the expression of non-violent 
opinions.  The  majority  of  the  DTP/BDP  Members  of  Parliament  have  been  taken  to  court, 
based  on  an  interpretation  of  Article  14  of  the  Constitution  in  favour  of  restriction  of 

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immunities when crimes against the ‘integrity of the State’ are concerned (see the chapter on 
Anti-corruption policy). 

No  progress  has  been  made  on  improving  parliament’s  rules  of  procedure.  Adoption  of  the 
draft finalised in February 2009 by the Consensus Committee on Rules of Procedure is still 
pending, due to lack of consensus between the political parties. 

Concerns  about  the  administrative  capacity  of  Turkey’s  parliament  persist  in  several  fields, 
including  executive-legislative  relations  and  parliamentary  oversight  and  scrutiny.  The 
Turkish Grand National Assembly plays a limited role in the formulation and implementation 
of Turkey’s accession strategy.  

President 

The  President  continued  to  play  an  active  conciliatory  role  promoting  dialogue  between  the 
main  political  parties  and  endeavouring  to  ensure  the  sound  operation  of  state  bodies. 
However, there were concerns expressed concerning the President’s appointments to certain 
key  State  institutions,  in  particular  the  judiciary  and  universities.  The  President  stated  his 
commitment to addressing the Kurdish issues and kept up his active role in foreign policy.  

Government  

In  January,  a  new  strategy  for  Turkey’s  accession  to  the  EU  was  prepared  with  the  aim  of 
speeding  up  the  accession  negotiations  and  increasing  public  awareness  and  support  for 
accession. In this context, on 15 March the Turkish Council of Ministers adopted the 2010-
2011  action  plan  outlining  legislation  to  be  enacted  and  studies  to  be  carried  out  on  each 
chapter of the negotiations.  

In  February,  the  Reform  Monitoring  Group  (RMG)  –  made  up  of  the  Minister  of  Foreign 
Affairs, the State Minister for EU Affairs and Chief Negotiator and the Ministers of Justice 
and of the Interior – met under the chairmanship of the Prime Minister for the first time since 
the group was established in 2003, stating the government’s commitment to the EU accession 
process. The  RMG  continued to  meet  regularly in different parts of the country underlining 
the  determination  of  the  government  to  involve  the  people  more  closely  in  the  accession 
process. 

Some  of  the  RMG’s  recommendations  have  been  put  into  practice.  A  sub-committee  on 
political affairs, made up of high-level civil servants, has been established to speed up work 
on  political  reforms.  A  deputy  governor  in  each  province  has  been  designated  as  the  EU 
contact point. Key reforms relevant to the accession process were included in the package of 
amendments to the Constitution.  

The State Minister for EU Affairs and Chief Negotiator further streamlined inter-ministerial 
coordination  for  the  accession  negotiations.  The  minister  frequently  met  civil  society 
stakeholders to promote their participation in the accession process. 

However, further changes to the legislation, in particular as regards protection of fundamental 
rights,  is  necessary.  The  special  legislative  procedure  for  EU  reforms  in  parliament  has  not 
been adopted, in order to expedite its work related to Turkey’s accession. 

Regarding  local  government,  a  delegation  from  the  Council  of  Europe  Congress  of  Local 
Authorities visited Turkey in May to follow up on recommendations made in 2007.  

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Transparency,  accountability  and  participatory  mechanisms  need  to  be  strengthened, 
especially  in  local  government  to  which  further  resources  and  responsibilities  have  been 
transferred.  Strategic  plans,  performance  measures,  establishing  financial  control  systems, 
project  management,  crisis  management,  environmental  management  and  information 
technology management remain to be established at local level. 

Overall,  after  a  significant  slowdown  in  the  reform  agenda  over  the  last  few  years,  the 
government put forward a number of key constitutional reforms and specific measures, albeit 
of  limited  scope.  The  strained  relations  between  key  state  bodies  are  continuing  to  have  a 
negative impact on the smooth functioning of political institutions.  

Public administration 

An  inventory  of  public  services  was  carried  out  by  the  government.  Specific  public  service 
standards for procedures, quality, eligibility criteria and complaints were developed. Work on 
providing  basic  public  services  on-line  (e-government)  has  continued  with  a  view  to 
improving their quality and to increasing transparency and accountability.  

The constitutional reform provides the basis for establishment of an Ombudsman institution.  

The  amendments  to  the  Constitution  introduced  protection  of  personal  data  and  access  to 
information as constitutional rights.  

However, no progress has been made  on reforming the civil service system, in particular to 
reduce red tape, to develop regulatory impact assessments (RIA) and to ensure transparency 
and  merit-based  advancement  and  appointments,  particularly  to  high-level  positions.  Also, 
there is a lack of consultation by  civil service of relevant stakeholders  in the preparation of 
policies  and  legislation.  Enforcement  of  common  standards  and  uniform  implementation  of 
the rules across the civil service remain to be achieved. 

With regard to implementation of the public financial management and control (PFMC) law, 
an  effective  internal  audit  system,  in  the  form  of  autonomous  units  within  all  State 
institutions, is not yet operational.  

Clear rules for establishing a business company or a corporation to deliver public services by 
municipalities  remain  to  be  introduced.  Such  rules  will  reduce  opportunities  for  partisan 
employment and public funding without effective control.  

Overall,  some  progress  has  been  made,  in  particular  towards  establishing  an  Ombudsman 
institution, protection of personal data and access to information. Further efforts are needed, 
in  particular  on  reforming  the  civil  service  and  implementing  the  PFMC  law.  Increased 
political support to the public administration reform is necessary. 

Civilian oversight of security forces 

In  February,  the  government  annulled  the  secret  protocol  on  Security,  Public  Order  and 
Assistance  Units  (commonly  called  EMASYA),  which  allowed  military  operations  to  be 
carried  out  without  the  consent  of  civilian  authorities.  Implementation  of  the  annulment 
decision remains to be completed. 

In February, parliament adopted a law establishing an Under-secretariat for Public Order and 
Security  under  the  Ministry  of  the  Interior  to  develop  policies  on  counter-terrorism  and  to 

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serve as secretariat for the Counter-Terrorism Coordination Board. The law also established 
an  Intelligence  Assessment  Centre  to  strengthen  intelligence-sharing  between  security 
institutions.  

The  constitutional  reform  limits  the  jurisdiction  of  military  courts  to  ‘military  service  and 
military duties’. Under the new system, crimes against state security, the constitutional order 
and the functioning of this order will be dealt with by civilian courts.  

The  amendments  to  the  Constitution  opened  dismissals  of  military  staff  by  the  Supreme 
Military Council to judicial review. The constitutional provision providing immunity for the 
perpetrators of the 1980 coup d’état was deleted from the Constitution. In addition, the Chief 
of  General  Staff  and  the  commanders  of  the  army,  air  force,  navy  and  gendarmerie  will  be 
tried before a high tribunal for any offences committed in the course of their official duties.  

Progress  has  been  made  as  regards  internal  audits,  introduced  by  the  public  financial 
management and control law, in security institutions following the adoption of a regulation on 
the  internal  audit  and  management  of  movable  properties  of  the  armed  forces,  the  national 
intelligence agency and the national policy, in July. The Court of Auditors has launched the 
planning phase for auditing the extra-budgetary Defence Industry Support Fund (SSDF).  

The  case  against  two  non-commissioned  officers  and  an  informant  from  the  terrorist  group 
PKK concerning the bombing of a bookstore in Semdinli4 is still pending. The case is with a 
criminal court in Hakkari further to the decision of the Van military court that the defendants 
should be charged for homicide and that there is no evidence to prove that they committed the 
offence of "Impairing the unity of the state" regulated in article 302 of the Turkish criminal 
code. The military court set the accused free pending trial. 

Implementation  of  the  regulation  on  the  powers  of  the  police  and  the  gendarmerie  in  urban 
and rural areas  has  continued. Residential areas in 31 towns with a combined population of 
about  one  million  civilians  were  transferred  from  the  Gendarmerie  to  the  police,  which  is 
under  civilian  control.  However,  there  has  been  no  progress  on  civilian  control  over  the 
gendarmerie’s law enforcement activities. 

The  trial  of  a  serving  gendarmerie  colonel  who  was  allegedly  involved  in  extra-judicial 
killings in the south-east in the 1990s continued. The proper conduct of this trial is critical for 
the fight against impunity.  

There  is  a  decrease  in  the  number  of  incidents  where  the  armed  forces  exerted  formal  and 
informal influence on political issues beyond their remit. Nonetheless, on some occasions, the 
Chief  of  General  Staff  made  comments  about  ongoing  court  cases  and  investigations.  A 
number  of  criminal  complaints  were  lodged  by  citizens  and  NGOs  about  such  statements. 
However,  there  was  no  judicial  follow-up.  The  selective  accreditation  by  the  military  of 
certain media has continued. 

No change has been made to the Turkish Armed Forces Internal Service Law, which defines 
the duties of the military and contains an article leaving the military wide room for manoeuvre 
to  intervene  into  politics.  The  Law  on  the  National  Security  Council  provides  a  broad 

4 

The defendants are accused of the November 2005 bombing that killed one person and injured others in 
the town of Semdinli in Southeast Turkey. 

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definition  of  ‘security’,  which,  depending  on  interpretation,  could  cover  almost  any  policy 
field. 

No progress has been made concerning parliamentary oversight of the defence budget or on 
audit of the properties of the armed forces by the Court of Auditors. The Law on the Court of 
Auditors  was  adopted  by  the  Planning  and  Budget  Committee  in  May  and  is  awaiting 
approval by the plenary.  

Overall, progress has been made on civilian oversight of security forces. The jurisdiction of 
military  courts  was  limited,  the  decisions  of  the  Supreme  Military  Council  were  opened  to 
judicial review and arrangements were made for high-ranking officers to be tried by civilian 
courts.  However,  senior  members  of  the  armed  forces  have  made  a  number  of  statements 
going  beyond  their  remit,  in  particular  on  judicial  issues.  No  progress  was  made  on 
parliamentary oversight over extra-budgetary military funds.  

Judicial system 

Progress  has  been  made  on  reforming  the  judiciary.  Implementation  of  the  2009  judicial 
reform strategy has continued. Some of the central pillars of the strategy were put in place by 
the amendments to the Constitution. 

As  regards  the  independence  of  the  judiciary,  the  constitutional  amendments  increased  the 
number of full members of the High Council of Judges and Prosecutors from seven to twenty-
two. In addition to representatives of the Court of Cassation and the Council of State, the new 
members include representatives of first instance judges, the Justice Academy, law faculties 
and  lawyers.  This  new  membership  lays  the  foundation  for  making  the  High  Council 
representative of the judiciary as a whole. 

The  amendments  to  the  Constitution  open  to  judicial  review  decisions  by  the  High  Council 
dismissing members of the judiciary from the profession. This is a move in the direction of 
establishing an effective remedy against decisions by the High Council. A Secretariat-General 
established  under  the  High  Council  provides  it  with  professional  and  secretarial  support. 
Previously,  professional  and  secretarial  support  for  the  High  Council  was  provided  by  the 
Ministry of Justice. The High Council appoints judges and prosecutors to this Secretariat. This 
should  reduce  the  opportunities  for  the  executive  to  interfere  with  administration  of  the 
Council. 

Judicial  inspectors  responsible  for  evaluating  the  performance  of  judges  and  prosecutors 
henceforth  will  report  to  the  High  Council  and  no  longer  to  the  Ministry  of  Justice,  thus 
giving  the  High  Council  a  basis  for  carrying  out  its  work  without  the  risk  of  political 
interference. However, the minister is still President of the High Council and the investigative 
authority of the High Council is subject to his approval5. 

The Semdinli case is still pending. (See the chapter on Civilian oversight of security forces) 
The  dismissal  of  the  civilian  prosecutor  previously  in  charge  of  the  case,  together  with  the 

5 

The  draft  Law  on  the  High  Council  of  Judges  and  Prosecutors  proposed  by  the  Ministry  of  Justice 
provides that these decisions of the Minister are subject to judicial review. 

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handling  of  the  case  to  date,  has  raised  questions  about  the  independence  of  the  High 
Council6. 

With regard to impartiality, constitutional provisions allowing military courts to try civilians 
have  been  taken  out  of  the  Constitution  and  new  provisions  explicitly  prohibit  such  trials. 
Cases  related  to  offences  against  the  security  of  the  state,  the  constitutional  order  and  the 
functioning of this order are to be tried before civilian courts. This followed the annulment by 
the  Constitutional  Court,  in  January  2010,  of  provisions  of  the  Criminal  Procedure  Code 
allowing civilian courts to try members of the armed forces in cases of organised crime and 
crimes against the state, on the basis that these conflicted with the constitutional provisions at 
the time. The new provisions for trial of such cases by civilian courts are positive. 

Since  the  adoption  of  the  amendments  to  the  Constitution,  the  Constitutional  Court  will  be 
made  up  of  seventeen  members.  Ten  will  be  nominated  by  the  President  amongst  the 
candidates nominated by the Court of Cassation, the Council of State, the Military Supreme 
Administrative Court, the Military Court of Cassation and the High Education Board, and four 
will  be  elected  directly  by  the  President  from  among  senior  administrators,  lawyers  and 
rapporteur  judges  of  the  Constitutional  Court.  The  Parliament  elects  three  members  of  the 
Constitutional Court from amongst the candidates proposed by the Court of Auditors and the 
Bar Associations. There are three voting rounds in Parliament. In the third voting round the 
candidates  are  elected  by  simple  majority.  No  alternate  members  are  envisaged.  The 
involvement  of  the  Turkish  parliament  in  the  election  of  Constitutional  Court  judges  brings 
Turkish  practice  closer  to  that  of  EU  Member  States.  However,  two  of  the  judges  are  still 
military  judges.  As  constitutional  jurisprudence  in  a  democratic  system  is  a  civilian  matter, 
the  presence  of  military  judges  is  questionable.  In  addition,  the  amended  Constitution 
provides  that  judges  should  be  at  least  forty-five  years  of  age  when  elected  for  a  non-
renewable term of twelve years. This implies that military judges might return to the military 
justice  system  when  their  term  in  the  Constitutional  Court  expires,  which  could  raise 
questions about their impartiality as Constitutional Court judges. 

Senior members of the judiciary and of the military have made statements that could put the 
impartiality of the judiciary at risk in important cases. 

With  regard  to  the  efficiency  of  the  judiciary,  use  of  information  technology  in  the  judicial 
system  has  accelerated  judicial  procedures  and  facilitated  third  party  access  to  judicial 
proceedings. The number of judicial staff continued to increase. On 20 September 2010 there 
were  a  total  of  11,394  judges  and  prosecutors  (11,121  judges  and  prosecutors  on  1  May 
2009).  Progress  has  been  made  as  regards  juvenile  justice.  (See  the  chapter  on  Children’s 
rights) 

However, the overall number of  vacancies for judges and prosecutors remains significant at 
3,299 on 20 September 2010 (3,875 on 1 May 2009). The regional courts of appeal are not 
operational yet. By law, they should have been in operation by June 2007. 

The regional courts of appeal have not been established yet. By law, they should have been in 
operation by June 2007. 

6 

The  civilian  prosecutor  in  this  case  published  the  indictment  in  2006.  It  included  accusations  against 
high-ranking military commanders. The General Staff criticised the indictment and urged those bearing 
constitutional  responsibility  to  take  action.  The  High  Council  of  Judges  and  Prosecutors  took  the 
dismissal decision in April 2006. 

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The  arrest  of  the  Chief  Public  Prosecutor  of  Erzincan  on  the  grounds  of  involvement  in 
alleged organised crime led the High Council of Judges and Prosecutors to revoke the powers 
of the specially authorised public prosecutor who ordered the arrest. Senior members of the 
judiciary  made  public  statements  in  support  of  this  decision  by  the  High  Council.  This 
situation  created  tensions,  both  within  the  judiciary  and  between  the  High  Council  and  the 
ministry, and raised questions about the ability of the judiciary to conduct a fair trial. 

Investigations in some high-profile cases continued to raise concerns. This points to the need 
to  improve  the  work  of  the  police  and  the  gendarmerie  but,  also,  the  working  relationship 
between the police and the gendarmerie on the one hand and the judiciary on the other. The 
ECtHR  in  its  Chamber  judgement  of  14  September  2010  on  the  case  of  Dink  v.  Turkey7 
considered  that  the  Turkish  authorities  had  not  done  everything  that  could  reasonably  have 
been expected of them to prevent Mr Dink’s assassination and that no effective investigation 
had been carried out into the failures which occurred in protecting the life of Mr Dink. There 
had  therefore  been  a  violation  of  Article  2  (right  to  life).  In  addition,  the  Court  found  a 
violation  of  Articles  10  (freedom  of  expression),  and  13  (right  to  an  effective  remedy)  in 
conjunction with Article 2. Turkey indicated that it will not appeal the Chamber's judgement. 

There  has  been  no  progress  on  introduction  of  a  mediation  system  into  civil  justice. 
Reconciliation,  introduced  into  the  criminal  justice  system  in  2005,  is  not  used  effectively. 
Provision of legal aid is inadequate in terms of either its coverage or the quality of services 
provided. The implementation of pre-trial detention is not limited to circumstances where it is 
strictly necessary in the public interest. This adds to the overcrowding in prisons, where more 
than half of the inmates await trial. Judges do not make effective use of the probation system.  

There are concerns about the functioning of the Forensic Medicine Institute. In a number of 
cases the institute gave conflicting reports on the same case at different times. The backlog of 
the institute leads to delays in judicial proceedings.  

A Council of State judgment in 2009 pointed to the overlapping responsibilities for provision 
of  in-service  training  between  the  Training  Department  of  the  Ministry  of  Justice  and  the 
Turkish Justice Academy. Pre-service and in-service training both fall under the responsibility 
of the Justice Academy. 

Overall, there has been progress in the area of the judiciary. The adoption of the amendments 
to the Constitution on the composition of the High Council of Judges and Prosecutors as well 
as the limitation of the authority of military courts is a positive step. However, the Minister of 
Justice still chairs the High Council and has the last word on investigations. Attention needs 
to  be  paid  to  establishing  an  effective  dialogue  with  all  stakeholders  and  to  implementing 
these  reforms  in  accordance  with  European  standards  and  in  an  open,  transparent  and 
inclusive way. 

Anti-corruption policy 

The government adopted a 2010-2014 strategy for enhancing transparency and strengthening 
the  fight  against  corruption  in  February  2010.  A  ministerial  committee8  was  established  in 
December  2009  together  with  an  executive  board  made  up  of  representatives  of  public 

7 
8 

Applications no. 2668/07, 6102/08, 30079/08, 7072/09 and 7124/09. 
The  ministerial  committee  consists  of  the  Deputy  Prime  Minister  and  four  ministers  (Ministry  of 
Justice, Ministry of Interior, Ministry of Finance, Ministry of Labour and Social Security).  

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institutions, labour unions and the Turkish Union of Chambers and Stock Exchanges (TOBB) 
to form further anti-corruption strategies and to direct and monitor their implementation. 

The  strategy  aims  at  developing  preventive  and  repressive  measures  against  corruption  and 
improving public governance by introducing more transparency, accountability and reliability 
in the public administration.  

An action plan setting the timetables for adoption and implementation of each measure was 
approved  by  the  ministerial  committee  in  April  2010.  Effective  implementation  could 
contribute  to  changing  behaviour  of  public  administration,  so  that  it  promotes  and  protects 
integrity  and  reduces  opportunities  for  corrupt  practices.  However,  participation  by  civil 
society and its role on the executive board and in implementation of the strategy need to be 
strengthened.  

By June 2010, Turkey had implemented 15 of the 21 recommendations in the 2005 evaluation 
reports  by  the  Group  of  States  against  Corruption  (GRECO).  The  GRECO  report  suggests 
further  efforts,  in  particular  to  broaden  the  representation  of  the  anti-corruption  oversight 
body, to enhance the independence of the judiciary and, to reform the system of immunities 
and  to  finally  establish  the  Ombudsman  institution.  The  constitutional  amendments  provide 
the  basis  for  progress  on  enhancing  the  independence  of  the  judiciary  and  an  Ombudsman 
institution. 

In December 2009, the Prime Ministerial Inspection Board was appointed as the counterpart 
of  the  European  Anti-Fraud  Office  (OLAF)  and  was  given  the  task  of  Anti-Fraud 
Coordination Structure (AFCOS) responsible for investigation of irregularities in the context 
of financial cooperation between the EU and Turkey. (See Chapter 32 – Financial control) 

In February 2010, the Constitutional Court annulled the provisions of the Law on the Council 
of Ethics regarding publication of the names of civil servants who violate the code of ethics, 
on  the  grounds  that  publishing  names  without  a  judicial  decision  would  jeopardise  the 
presumption  of  innocence.  Ethics  training  has  continued  and  around  7,000  civil  servants 
working  for  central  and  local  governments  have  been  trained  between  October  2009  and 
September  2010.  In  September,  the  Government  adopted  a  regulation  on  the  code  of  ethics 
with  which  investigators  and  auditors  should  comply  while  doing  their  jobs.  However,  no 
progress  has  been  made  on  extending  ethics  rules  to  academics,  military  personnel  and  the 
judiciary.  

No progress has been made on limiting the immunities of Members of Parliament concerning 
corruption-related offences.  

Further  measures  are  needed  to  complete  the  existing  legislation  and  ensure  its  effective 
implementation  to  increase  transparency  on  the  financing  of  political  parties  and  election 
campaigns.  More  resources  are  also  required  in  order  to  better  detect  illegal  practice,  in 
particular to extend the current monitoring mechanism to election campaign funding of parties 
and candidates. 

For  the  first  time,  a  mayor  of  a  metropolitan  municipality  (Adana)  was  suspended  from 
mayoral  duties  on  March  2010  by  the  Ministry  of  Interior  because  of  serious  corruption 
allegations. Administrative and judicial investigations are continuing. 

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The investigation begun in 2009 into the charity association Deniz Feneri concerning a fraud 
case in Germany is continuing. The police made searches on the premises of the association 
and at the homes of the suspects. However, no indictment has been submitted to court yet.  

The draft law on the Turkish Court of Auditors, which envisages strengthening the Court and 
extending its mandate, was adopted by the Planning and Budget Committee of the Parliament 
in May and is awaiting approval by the plenary. (See Chapter 23 - Judiciary and fundamental 
rights)  

Overall,  progress  has  been  made  as  regards  the  development  of  a  comprehensive  anti-
corruption strategy and action plan and of a body to oversee and monitor its implementation, 
thus  addressing  Accession  Partnership  priorities.  However,  effective  implementation  of  the 
strategy  is  necessary  to  reduce  corruption  which  remains  prevalent  in  many  areas.  Turkey 
needs to develop a track record of investigations, indictments, and convictions.  

2.2. 

Human rights and the protection of minorities 

Observance of international human rights law 

As for ratification of human rights instruments, ratification of the Optional Protocol to the UN 
Convention  against  Torture  (OPCAT)  is  still  pending  before  parliament.  Turkey  has  not 
ratified three additional Protocols to the European Convention on Human Rights (ECHR)9.  

The number of rulings of the European Court of Human Rights (ECtHR) finding that Turkey 
has violated the ECHR continued to increase. During the reporting period the court delivered 
a  total  of  553  judgements  finding  that  Turkey  had  violated  the  ECHR.  The  number  of  new 
applications  to  the  ECtHR  went  up  for  the  fourth  consecutive  year.  Since  October  2009,  a 
total of 5,728 new applications were made to the ECtHR. The majority of them concern the 
right to a fair trial and protection of property rights. As of September 2010, 16,093 cases were 
pending before the ECtHR regarding Turkey. The amendment to the Constitution introducing 
the right to submit individual applications to the Constitutional Court is an important step to 
reduce the number of applications to the ECtHR.  

Turkey  has  abided  by  the  majority  of  ECtHR  rulings,  including  payment  of  compensation 
totalling €6.1 million in 2009. Amendments to the Law on enforcement of judgments address 
shortcomings  in  the  judicial  process  that  were  identified  in  several  ECtHR  rulings  against 
Turkey. However, some rulings have not been followed up by Turkey for several years10. The 
government’s announcement that it would address these issues was not followed by action.  

In  the  Cyprus  v.  Turkey  case,  the  issue  of  missing  persons  and  restrictions  on  the  property 
rights of Greek Cypriots living permanently in the northern part of Cyprus remains pending. 
At  a  meeting  in  September  2010,  the  Committee  of  Ministers  decided  to  postpone 
examination of these issues until December 2010. In its Grand Chamber Decision of 5 March 

9 
10 

Protocols 4, 7 and 12.  
The  non-implementation  of  the  Hulki  Güneş,  Göçmen  and  Söylemez  judgments  has  resulted  in 
deprivation  of  liberty  for  the  defendants  for  several  years  without  due  process  of  law.  A  legislative 
amendment is required to remedy this situation. Furthermore, Turkey has not adopted legal measures to 
prevent  repetitive  prosecution  and  conviction  of  conscientious  objectors.  Other  issues  awaiting 
legislative  measures  by  Turkey  concern  control  of  the  activities  of  security  forces,  effective  remedies 
against abuse, restrictions on freedom of expression and excessive length of pre-trial detention. 

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2010  on  the  Demopoulos  v.  Turkey  case  the  ECtHR  concluded  that,  for  the  purposes  of  the 
ECHR,  remedies  available  may  be  regarded  as  effective  and  accessible  domestic  remedies 
which have to be exhausted before applications before the ECtHR can be found admissible. 
However, the court stressed that this decision was not to be interpreted as requiring applicants 
to make use of the Immovable Property Commission procedure. Applicants could choose not 
to  do  so  and  await  a  political  solution.  Since  March  the  number  of  applications  to  the 
Immovable Property Commission has increased substantially.  

Regarding  promotion  and  enforcement  of  human  rights,  the  government  plans  the 
establishment  of  several  human  rights  institutions.  In  particular,  the  draft  law  on  the 
establishment  of  the  Turkish  Independent  Human  Rights  Institution  was  submitted  to 
parliament  in  February  2010.  Opinions  from  NGOs  were  discussed  by  the  relevant 
parliamentary sub-committee. The draft law before parliament needs to be amended to bring it 
into  line  with  the  UN  framework,  in  particular  as  regards  the  independence  and  functional 
autonomy of this new institution. It is important to conduct this process in close consultation 
with NGOs. 

The constitutional reform provides the basis for establishment of an Ombudsman institution.  

Human  rights  training  for  public  officials,  judges,  public  prosecutors  and  police  officers 
continued. In-service and on-the-job training for the gendarmerie includes training on human 
rights together with specialist training on techniques for reviewing allegations of human rights 
violations. 

The Human Rights Investigation Committee of the Parliament published 13 reports. However, 
the Committee has been focussing on policy making and the legislative process.  

Human  rights  defenders  have  continued  to  face  criminal  proceedings.  Investigations  carried 
out  as  part  of  the  fight  against  terrorism  have  raised  concerns  following  the  arrests  of  trade 
union and human rights activists. The wide definition of terrorism under the Anti-Terror Law 
remains a cause for concern (See the chapter on the Situation in the south-east). 

Human rights institutions lack resources, independence and impact. 

Overall, some progress was made on observance of international human rights law. However, 
a  number  of  reforms  have  been  outstanding  for  several  years.  Legislation  on  human  rights' 
institutions needs to be brought fully in line with UN principles.  

Civil and political rights  

The  government  pursued  its  efforts  to  ensure  compliance  with  legal  safeguards  to  prevent 
torture and ill-treatment. This policy has continued to produce positive results. Training for 
health  personnel,  judges  and  prosecutors  on  effective  investigation  and  documentation  of 
torture  and  ill-treatment  cases  continued  with  a  view  to  implementation  of  the  Istanbul 
Protocol11 in Turkey.  

11 

Istanbul Protocol: Manual on the effective investigation and documentation of torture and other cruel, 
inhuman  or  degrading  treatment  or  punishment,  submitted  to  the  United  Nations  Commissioner  for 
Human Rights, 9 August 1999. 

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The  draft  Law  on  the  Establishment  of  a  Monitoring  Commission  on  Security  Forces  was 
submitted to the Parliament in October. The draft foresees the establishment of a Supervisory 
Commission  for  the  registration  and  monitoring  of  disciplinary  procedures  and  measures 
against law enforcement officers. 

However,  disproportionate  use  of  force  by  law  enforcement  bodies  continued.  Reports  to 
NGOs of disproportionate use of firearms by security forces resulting in death have increased.  

Ratification  of  OPCAT  has  been  pending  since  2005.  (See  the  chapter  on  Observance  of 
international human rights law)  

Law  enforcement  bodies  frequently  launch  cases  against  persons  who  allege  torture  or  ill-
treatment.  Such  legal  proceedings  may  deter  complaints.  In  many  instances  these  cases  are 
given priority by Turkish courts.  

No  forensic  doctors  are  recognised  by  courts,  apart  from  the  Forensic  Medicine  Council, 
which  is  under  the  Ministry  of  Justice.  Law  enforcement  officers  are  sometimes  present 
during medical examination of prisoners. 

As  regards  the  fight  against  impunity,  the  case  concerning  the  death  in  detention  of  Engin 
Çeber12 was brought to conclusion in June 2010. The court sentenced three prison guards and 
the deputy director of the prison to life in prison for murder. Two police officers received 7.5 
year  prison  sentences  and  one  police  officer  received  2.5  year  in  prison.  This  is  the  first 
verdict  where  a  court  has  convicted  a  senior  prison  official.  However,  the  efforts  to  fight 
impunity for  human  rights  violations  have not sufficiently addressed the  backlog of judicial 
proceedings.  The  ECtHR  found  that  the  criminal  proceedings  were  still  not  finalised  as 
regards members of the security forces who took part in an operation at Diyarbakir prison on 
24 September 1996, which had led to the death of eight prisoners and injured six. The ECtHR 
condemned Turkey, on several accounts including the lack of an effective investigation into 
this case (article 3 of the ECHR). In 2009 the Human Rights Committee of the TGNA found 
that  very  few  lawsuits  filed  against  police  officers  for  ill-treatment  or  torture  resulted  in  a 
conviction13. Administrative investigations into allegations of torture or ill-treatment are still 
carried out by fellow police officers. 

Overall,  the  positive  trend  on  prevention  of  torture  and  ill-treatment  continued.  Some  high-
profile  cases  of  human  rights  violations  have  resulted 
in  convictions.  However, 
disproportionate use of force by law enforcement authorities continued and is of concern. The 
efforts  to  fight  impunity  for  human  rights  violations  have  not  sufficiently  addressed  the 
backlog of judicial proceedings.  

There has been some improvement in access to justice in rural areas. However, access to free 
legal  aid  was  limited,  especially  in  the  south-east.  The  Istanbul  bar  boycotted  the  legal  aid 

12 

13 

Engin Çeber was arrested for distributing a legal journal on 28 September 2008. Çeber died as a result 
of injuries sustained during torture in a police station in Istanbul and Metris prison on 10 October 2008. 
The  Human  Rights  Investigation  Committee  noted  that  none  of  the  35  lawsuits  filed  against  431 
members  of  the  Istanbul  police  for  ill-treatment  or  torture  resulted  in  a  conviction.  The  committee 
concluded that this gives rise to suspicions about the effectiveness of proceedings initiated against law 
enforcement agents. According to the same report, only 2% of police officers accused of ill-treatment or 
torture are subject to disciplinary sanctions as a result of an administrative investigation into allegations 
of torture or ill-treatment. The committee concluded that such investigations should not be carried out 
by fellow police officers. 

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scheme from June 2009 to March 2010 and no legal counsel was appointed during that period 
at  Istanbul  courts.  There  is  evidence  that  a  large  number  of  prison  inmates  have  never 
received any legal aid or knew that they could benefit from the services of a legal counsel had 
they  requested  one.  There  is  no  monitoring  of  implementation  of  the  relevant  legislation  in 
terms of either its coverage or the quality of services provided by legal aid lawyers. Hence, 
there  is  no  assessment  of  whether  the  funds  available  and  fees  charged  are  adequate.  In 
addition,  there  is  no  body,  either  independent  or  within  the  government,  responsible  for 
monitoring this issue. 

Overall, little progress has been made. Provision of legal aid is inadequate in terms of either 
its coverage or the quality of services provided. There is no effective monitoring mechanism 
that would ensure that problems are addressed. 

The  prison  reform  programme  continued.  The  four  training  centres  organised  courses  for 
8249 prison staff in 2009 and an additional 4929 staff have been appointed.  

Use  of  languages  other  than  Turkish  in  prisons  was  extended.  If  the  prisoner  or  his  visitor 
does not know Turkish, use of another language is allowed. The Law on enforcement courts 
strengthens  defendant's  rights  in  case  of  the  application  of  disciplinary  sanctions  against 
prisoners.  

The Ministry of Justice is developing a case management model to be brought into operation 
for juveniles first and then extended to all prisons. This improves rehabilitation services.  

Architectural changes to some high-security prisons enabled more communal activities to be 
carried out. The Ministry of Justice has started to build juvenile prisons.  

However, the high proportion of prisoners in pre-trial detention is still a significant problem. 
Close to half of those imprisoned in Turkey are either awaiting trial or awaiting a final verdict 
on  their  cases14.  The  situation  is  even  more  worrying  as  regards  juveniles  in  penitentiaries. 
Only 12% are serving prison sentences, the rest are awaiting trial.  

The  number  of  juvenile  reformatories  is  insufficient.  Children  are  not  fully  separated  from 
adults in all prisons. This is especially the case with girls, who are usually imprisoned with 
women.  

The  inadequate  resources  of  prisons  continue  to  raise  concerns.  The  rapid  increase  in  the 
number  of  inmates,  which  has  doubled  in  a  few  years,  led  to  a  growing  overcrowding 
problem.  The  number  of  prison  staff  and  their  qualifications  are  still  inadequate.  There  are 
7981 vacancies. 

The standards of monitoring of national prisons have not been improved to UN standards. 

The inadequate health services for prisoners remain a concern. The protocol signed between 
the  Ministries  of  Justice  and  Health  in  April  2009  transferring  responsibility  for  health  care 
services  in  prisons  to  the  Ministry  of  Health  has  had  limited  impact.  The  number  of 
permanent physicians is insufficient. 

14 

Currently there are 119,145 people in prisons in Turkey, 56.557of whom have not yet been sentenced, 
according to Ministry of Justice statistics. 

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Overall,  the  implementation  of  the  prison  reform  programme  continues.  However,  the  high 
proportion  of  prisoners  in  pre-trial  detention  remains  one  of  the  most  significant  problems. 
Health services in prisons need to be improved. 

As regards freedom of expression, an increasingly open and free debate continued on a wide 
scale  in  the  media  and  public  on  topics  perceived  as  sensitive,  such  as  the  Kurdish  issue, 
minority rights, the Armenian issue and the role of the military.  

There are few cases initiated on the basis of Article 301 of the Turkish Criminal Code (TCC), 
after it was amended in May 200815. 

However,  a  high  number  of  violations  of  freedom  of  expression  by  Turkey  are  still  being 
submitted to the ECtHR.  

Defamation  is  a  criminal  offence  under  Turkish  law.  Article  125  of  the  TCC  provides  that 
defamation is punishable by either a prison sentence or a fine. There are many ongoing cases 
and convictions under this provision. Insults against the Turkish nation are still criminalised 
under  Article  301  of  the  TCC.  Other  provisions  of  the  TCC16,  the  Anti-Terror  Law  and  the 
Press Law are also used to restrict freedom of expression.  

The  high  number  of  cases  initiated  against  journalists  who  have  reported  on  the  Ergenekon 
case is a cause for concern17. They face prosecutions and trials for violating the principle of 
confidentiality of an ongoing judicial process. This could result in self-censorship. 

Pressure on newspapers discussing the Kurdish question or publishing in Kurdish increased. 
In  the  course  of  the  year,  publication  of  the  Azadiya  Welat  newspaper  in  Diyarbakır  was 
banned several times and its journalists were sentenced in prison under terrorism propaganda 
charges. In its ruling on the Ürper and others v.  Turkey case,  the ECtHR ruled that Turkey 
should revise Article 6(5) of the Anti-Terror Law. 

The  review  carried  out  by  the  Ministry  of  Justice  on  the  legal  framework  on  freedom  of 
expression was not finalised.  

Regarding hate speech, the Council of Europe18 recommended Turkey to encourage the media 
to develop a code of ethics on respect for religious minorities and to prosecute incitement to 
hatred passed on by the media.  

15 

16 

17 

18 

According to the Ministry of Justice, since the amendment to Article 301 of the Turkish Penal Code, a 
decrease  in  the  number  of  cases  opened  has  been  observed.  The  figures  below  cover  examinations 
concluded  between  1  January  2010  and  31  July  2010:  369  files  examined,  270  files  for  which 
permission  was  denied,  10  files  for  which  permission  was  granted,  3.57%  files  for  which  permission 
was granted 
Examples include offences against public order (Articles 214, 216, 217, 218 and 220 of the TCC), State 
security (Article 305) or the constitutional order (Articles 312 and 314) and obscenity (Article 226). In 
addition,  prosecutions  and  convictions  are  continuing  on  the  basis  of  Article 318  of  the  TCC  (on 
discouraging people from military service). 
4,091  investigations  have  been  initiated  against  journalists  for  breaches  of  the  confidentiality  of 
investigations or attempts to influence a fair trial (Articles 285 and 288 of the Turkish Criminal Code), 
following their reporting on the Ergenekon case.  
CoE Resolution 1704 (2010). 

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In October, the Court of Cassation ruled that Nobel Prize winner Orhan Pamuk can be sued 
for  remarks  made  in  2005,  when  he  was  quoted  in  a  Swiss  magazine  commenting  on  the 
Kurdish and Armenian issues.  

The  interpretation  of  certain  articles  of  the  broadcasting  law  and  the  sanctions  imposed  on 
broadcasters raised concerns (See Chapter 10 – Information society and media). 

There are frequent website bans, which are disproportionate in scope and duration. Youtube 
was officially inaccessible in Turkey from May 2008 to November 2010, after publication of 
videos which allegedly violated the Law on crimes against Atatürk. Other court cases are still 
ongoing  against  the  video  sharing  website  and  other  mainstream  web  portals  have  been 
banned  for  several  years.  Law  n°5651  on  the  Internet  limits  freedom  of  expression  and 
restricts citizens' right to access information. 

As regards freedom of the press, concerns remain as regards political attacks against the press. 
The  court  case  on  the  tax  fine  ordered  in  2009  against  Dogan  Media  Group,  critical  of  the 
government,  continues.  The  press  exercises  self  restraint  when  reporting  following  the 
initiation of this case.  

Court  cases  have  been  opened  against  journalists  about  their  work  by  politicians  and  high-
level authorities, including military authorities.  

Overall,  open  and  free  debate  has  continued  and  expanded.  However,  the  high  number  of 
legal sues against journalists and undue pressure on the media undermine freedom of the press 
in practice. Turkish law does not sufficiently guarantee freedom of expression in line with the 
ECHR and the ECtHR case law. The frequent website bans are a cause for concern.  

As  regards  freedom  of  assembly,  some  positive  developments  took  place.  Newroz  (the 
Kurdish  New  Year)  and  1  May  demonstrations  took  place  peacefully  in  most  places  during 
the  reporting  period.  A  number  of  symbolic  public  events  took  place  on  24  April  to  mark 
‘Armenian Genocide Commemoration Day’. The gatherings received police protection where 
necessary. 

However, some demonstrations in the south-east of the country related to the  Kurdish  issue 
continued to be marred by violence.  

Difficulties with the implementation of the Law on the duties and legal powers of the police, 
adopted in 2007, are still being reported, especially in the south-east.  

Impunity  remains  a  problem  for  effective  judicial  and  administrative  investigations  against 
members of the security forces who are involved in excessive use of force (See the chapter on 
Impunity).  

As regards freedom of association, there are a large number of civil society organisations and 
other associations in Turkey.  

The  case  for  closure  of  the  political  party  DTP  confirmed  the  need  for  changes  to  the  legal 
framework, including the Constitution. A government proposal to amend the Constitution to 
this end was rejected by parliament in May.  

The  Court  of  Cassation  decided  at  the  end  of  2009  against  the  closure  of  the  lesbian,  gay, 
bisexual,  transgender  and  transvestite  (LGBTT)  association  Lambda  Istanbul.  In  a  similar 

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case  against  the  LGBTT  Black  Pink  Triangle  Association  (BPTA),  the  Izmir  Governorate 
launched a new closure case alleging violation of the rules on morality. The court concurred 
with the public prosecutor who had asked for the dismissal of the case.  

The judicial investigation into the Istanbul branch of the Human Rights Association, initiated 
by a complaint by the Istanbul Governorate, is still pending from last year. The closure case 
against the Özgür-Der Association for Freedom of Thought and the Right to Education was 
rejected by the court.  

The ECtHR judgment on the Özbek and others v. Turkey case about the establishment of the 
Kurtuluş  Protestant  Church  Foundation  in  Ankara  found  Turkey  in  violation  of  Article  11. 
The court ruled that the ability to establish a legal entity in order to act collectively in a field 
of mutual interest was one of the most important aspects of freedom of association. 

The case against the executive members of Diyarbakır Göç-Der, which has been active in the 
area  of  internal  displacement  and  immigration,  ended  in  closure  of  the  association  and  is 
under appeal.  

Raising  awareness  in  public  institutions  and  in  the  public  at  large  about  the  role  played  by 
civil  society  organisations,  including  in  the  accession  process,  continued.  The  government 
(EU Secretariat-General) organised consultative meetings with civil society representatives on 
the EU accession process.  

However, civil society organisations continue to face disproportionate administrative checks 
and fines. Moreover, the bureaucratic requirements for fund-raising, obtaining public benefit 
status  and  lack  of  simplified  rules  for  small  or  medium-sized  associations  prevent  a  more 
enabling  environment  for  associations.  More  restrictive  legislation  applies  to  foreign 
associations.  

Overall, the legal framework on freedom of association is broadly in line with EU standards. 
However,  association  face  difficulties  to  meet  legal  requirements  and  some  are  subject  to 
disproportionate controls. There is no progress on amendment of the legal provisions on the 
closure of political parties. Launching of closure cases against LGBTT associations restrains 
the full exercise of freedom of association. As regards freedom of assembly, there has been 
progress on the ground. However, some demonstrations in the Southeast of the country related 
to the Kurdish issue continued to be marked by police violence. 

Concerning  freedom  of  religion,  freedom  of  worship  continues  to  be  generally  respected. 
Ecumenical  Patriarch  Bartholomew  celebrated  on  15  August,  after  almost  nine  decades,  the 
Divine  Liturgy  of  the  Dormition  of  Theotokos  at  the  Soumela  monastery  in  the  Black  Sea 
province of Trabzon. On 19 September the first religious service since 1915 was held at the 
Armenian Holy Cross church on the Akhdamar island in lake Van. 

The  Turkish  authorities  granted  Turkish  citizenship  to  fourteen  members  of  the  Greek 
Orthodox clergy. This facilitates the work of the patriarchate and of the Holy Synod. 

The  Turkish  authorities,  including  the  State  Minister  for  EU  Affairs,  the  EU  Secretariat-
General and relevant line ministries, have had frequent meetings with the religious leaders of 
non-Muslim communities.  

In May 2010, the Prime Minister issued the first circular instructing all relevant authorities to 
pay due attention to the problems of non-Muslim Turkish citizens. The issues covered in the 

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circular  include  protecting  and  maintaining  non-Muslim  cemeteries,  control  of  which  has 
been  transferred  to  municipalities;  implementing  court  decisions  in  favour  of  non-Muslim 
community  foundations  at  title-deed  registry  offices;  and  launching  immediate  legal 
proceedings  against  publications 
inciting  hatred  and  animosity  against  non-Muslim 
communities. 

Opening to the Alevi community continued. Seven workshops were held, as initially planned, 
with different social and professional groups and with Alevi representatives. 

Implementation  of  the  Law  on  foundations  of  February  2008  proceeded  albeit  with  some 
delays and procedural problems. (See the chapter on the Right to property)  

However,  under  Article  24  of  the  Turkish  Constitution  and  Article  12  of  the  Basic  Law  on 
national  education,  religious  culture  and  ethics  classes  remain  compulsory  in  primary  and 
secondary  education.  The  October  2007  ECtHR  judgment  –  which  found  that  these  classes 
did not only give a general overview of religions but also provided specific instruction in the 
guiding principles of the Muslim faith and requested Turkey to bring its education system and 
domestic  legislation  into  line  with  Article  2  of  Protocol  1  to  the  ECHR  –  has  still  not  been 
implemented. 

Protestant  students  were  obliged  to  take  such  religious  classes.  Jehovah  ’s  Witness 
communities  brought  two  new  administrative  court  cases  against  national  education 
directorates of provincial governorates after applications for exemption were rejected. Cases 
on the same issue, brought by Jehovah’s Witness families, are pending before the Council of 
State. 

Non-Muslim communities – as organised structures of religious groups – still face problems 
due to lack of legal personality. In March, the Venice Commission of the Council of Europe 
concluded that the fundamental right to freedom of religion, as protected by Article 9 read in 
conjunction with Article 11 of the ECHR, includes the possibility for religious communities 
to obtain legal personality19. 

Restrictions on the training of clergy remain. Turkish legislation does not provide for private 
higher religious education for individual communities and there are no such opportunities in 
the public education system. The Halki (Heybeliada) Greek Orthodox seminary still remains 
closed,  although  there  have  been  positive  statements  by  senior  government  officials  on  the 
possibility  of  re-opening  it.  The  Armenian  Patriarchate’s  proposal  to  open  a  university 
department for the Armenian language and clergy has been pending for three years now. The 
Syriacs can provide only informal training, outside any officially established schools. 

The  Ecumenical  Patriarch  is  not  free  to  use  the  ecclesiastical  title  ‘Ecumenical’  on  all 
occasions. In March, the Venice Commission concluded that any interference with this right 
would constitute a violation of the autonomy of the Orthodox Church under Article 9 of the 
ECHR. 

19 

The  Venice  Commission  considered  that  this  is  important  not  least  to  ensure  access  to  courts  and 
protection of property rights. It could see no justification, which would be in conformity with the strict 
requirements of Articles 9(2) and 11(2) of the ECHR, for not granting such rights to the non-Muslim 
religious communities. 

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In  June  2007,  the  Court  of  Cassation  ruled  that  persons  who  participate  and  are  elected  in 
religious  elections  held  in  the  patriarchate  should  be  Turkish  citizens  and  be  employed  in 
Turkey at the time of the elections. However, Turkish and foreign nationals should be treated 
equally as regards their ability to exercise their right to freedom of religion by participating in 
the life of organised religious communities in accordance with the ECHR and the case law of 
the ECtHR. 

Personal documents, such as identity cards, include information on religion, leaving potential 
for discriminatory practices. In January, in the Sinan Isik v. Turkey case the ECtHR decided 
that indication of religion on identity cards was in breach of the Convention.  

religious  communities 

Regarding  places  of  worship,  non-Muslim 
frequent 
discrimination  and  administrative  uncertainty.  Applications  to  authorities  for  allocation  of 
places of worship continued to be refused. Two cases regarding Alevi places of worship (Cem 
houses) have been concluded before the courts, and applications have been refused. In May 
2010,  a  Cem  house  applied  to  the  ECtHR  after  exhausting  all  other  domestic  remedies. 
Despite  the  de  facto  recognition  by  some  municipal  councils  of  Cem  houses  as  places  of 
worship, the overall policy of not recognising them has not changed.  

report 

Protestant and other Churches (e.g. the Kurtuluş and Batıkent Churches in Ankara) have not 
been able to obtain permission for places of worship within the boundaries of their provinces. 
Jehovah’s witnesses had similar problems, as the courts found that their place of worship in 
Mersin violated the zoning law. This case has been taken to the ECtHR. The same religious 
community has a similar case before the courts related to a worship place in Izmir.  

Jehovah’s  witnesses  face  tax  claims  by  the  municipalities  of  Istanbul  and  Ankara.  The 
municipal authorities sent demands  for  payment  of  property  tax for  their places of worship, 
despite their exemption in principle following a Court of Cassation decision recognising their 
religion under Christianity. Several court cases are pending on taxation issues.  

Missionaries are widely perceived as a threat to the integrity of the country and to the Muslim 
religion. A court case against two missionaries in Silivri is continuing. 

The court case concerning the killing of three protestants in Malatya in April 2007 continues. 
A  police  report,  prepared  at  the  request  of  the  Chief  Public  Prosecutor’s  Office  in  Istanbul, 
drew  attention  to  the  link  between  the  killing  of  protestants  in  Malatya  and  the  Ergenekon 
case. 

Judicial  proceedings  against  conscientious  objectors  on  religious  grounds  continued.  Public 
statements on the right to conscientious objection have led to convictions. Implementation of 
ECtHR judgments regarding conscientious objectors is still pending. Turkey has adopted no 
legal  measures  to  prevent  repetitive  prosecution  and  conviction  of  conscientious  objectors. 
Several  members  of  the  Jehovah’s  Witness's  community  face  court  cases  as  conscientious 
objectors. A military court rejected the right to conscientious objection. 

Overall, freedom of worship continues to be generally respected. The implementation of the 
Law  on  foundations  continued,  albeit  with  some  delays  and  procedural  problems  (see  the 
chapter on Property rights). The dialogue with the Alevis and with the non-Muslim religious 
communities  continued  but  has  not  yet  produced  results.  Announcements  on  the  Halki 
(Heybeliada)  seminar  were  not  followed  up.  Members  of  minority  religions  continue  to  be 
subject  to  threats  by  extremists.  A  legal  framework  in  line  with  the  ECHR  has  yet  to  be 

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established,  so  that  all  non-Muslim  religious  communities  and  the  Alevi  community  can 
function without undue constraints, including the training of clergy. 

Economic and social rights 

As regards women’s rights and gender equality some progress can be noted. An amendment to 
the  Constitution  provides  that  positive  discrimination  measures  in  favour  of  women  can  be 
adopted.  A  Prime  Ministerial  circular  was  issued  with  the  aim  of  promoting  women’s 
employment and equal opportunities, particularly on the labour market. The circular provides 
for  establishment  of  a  national  board  for  monitoring  and  coordinating  matters  related  to 
women’s employment, for involvement of social partners and NGOs in the work of the board 
and  for  pursuit  of  gender  equality  and  gender  mainstreaming  in  drafting  and  implementing 
legislation and policies. 

The  Parliamentary  Committee  on  Equal  Opportunities  for  Women  and  Men  continued  its 
work. It conducted a number of investigations, prepared reports and consulted relevant bodies, 
including  NGOs  on  issues  such  as  violence  against  women,  early  marriages  or  sexual 
harassment of minors at school.  

A tripartite protocol was concluded between the Social Services and Child Protection Agency, 
the Directorate-General for Women’s Status and the Turkish national police with the aim of 
improving the services for women and children victims of domestic violence. The police have 
started  to  use  standard  reception  forms  for  victims  for  risk  assessment  and  subsequent 
referrals.  Training  for  police  officers  continued.  Awareness-raising  activities  for  public 
servants continued, particularly at local level. 

The gender gap in primary education continued to narrow and has virtually closed at national 
level20.  This  needs  to  be  sustained  by  continuing  to  encourage  enrolment  of  girls  and 
preventing school drop-outs particularly in rural areas. 

However,  gender  equality  and  combating  violence  against  women  remain  major  challenges 
for Turkey. 

Women's  representation  in  politics,  senior  positions  in  public  administration  and  in  trade 
unions21 is very low. 

As  regards  women's  participation  in  the  labour  market,  the  absence  of  sufficient  child-care 
facilities,  difficulties  in  access  to  secondary  and  further  education  and  the  existence  of 
stereotypes all contribute to this. Unpaid work in subsistence agriculture and employment in 
the informal sector continue to be challenges. There are no social inclusion mechanisms for 
women  to  counter-balance  the  impact  of  poverty,  migration  and  other  socio-economic 
problems. 

The  situation  of  children,  especially  of  girls,  at  primary  boarding  schools  needs  attention  in 
order to avoid drop-outs and increase the quality of education. The safety of minors in these 
institutions, in particular girls, is a cause for concern and was debated in the press. There is a 

20 
21 

The primary school enrolment rates (grades 1 – 8) rose to 98.47% for boys and 97.84% for girls. 
In  reply  to  a  parliamentary  question  in  late  2009,  State  Minister  Selma  Aliye  Kavaf  said  that  2,282 
managers  are  employed  by  State  institutions.  Of  these,  1,995  are  male  and  287  female.  Women  thus 
account for only 12.5% of senior State administrators. 

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need for a transparent and objective review of the system. The gender gap in secondary and 
other levels of education persists. 

School textbooks still contain stereotypes about women’s role and status.  

There is evidence of an increase in honour killings. The number of shelters for women22 and 
other  preventive  and  protective  services  remains  limited.  There  is  no  effective  government 
oversight of shelters and of the work of municipalities. Inter-institutional cooperation needs to 
be stepped up. Training of law enforcement bodies and public institutions, particularly in the 
field of violence against women, needs to be sustained. 

As regards domestic violence, execution of the ECtHR judgment in the Opuz v. Turkey case is 
pending. Family courts have been applying severe sanctions in cases of domestic violence and 
honour killings. However, this practice needs to be applied consistently. In one honour killing 
case, the Court of Cassation reduced the penalty due to ‘unjust provocation’.  

Early  and  forced  marriages  remain  a  cause  for  concern.  Such  marriages  could  also  lead  to 
reproductive health risks and domestic abuse. There are no reliable figures on the incidence of 
such marriages.  

Women’s  organisations  report  deterioration  in  their  dialogue  and  their  cooperation  with 
relevant public institutions, at both central and local levels.  

Implementation  of  the  national  action  plan  on  gender  equality  and  violence  against  women 
lacks  sufficient  human  and  financial  resources.  The  action  plan  does  not  contain  firm  and 
measurable  targets.  A  number  of  members  of  the  judiciary  were  trained  on  gender  issues 
under  the  protocol  signed  between  the  Directorate-General  for  Women's  Status  and  the 
Ministry  of  Justice.  However,  additional  national  resources  are  required  to  sustain  this 
training.  A  comprehensive  approach  to  women’s  rights  has  yet  to  be  adopted,  with  the 
participation of women’s organisations. 

Overall, the legal framework guaranteeing women’s rights and gender equality is broadly in 
place.  This  framework  has  been  strengthened  through  the  constitutional  amendment 
permitting  the  adoption  of  positive  discrimination  measures  for  women.  However,  ensuring 
women's  rights  and  gender  equality  in  practice  remain  key  challenges  for  Turkey.  Notably 
sustained  further  efforts  are  needed  to  turn  this  legal  framework  into  political,  social  and 
economic reality. Honour killings, early and forced marriages and domestic violence against 
women remain serious problems. Legislation needs to be implemented consistently across the 
country.  Further  training  and  awareness-raising  on  women’s  rights  and  gender  equality  are 
needed. 

With respect to children’s rights, an amendment to the Constitution stipulates that measures 
to guarantee children’s rights in practice cannot be interpreted as contrary to the principle of 
equality. This would allow adoption of positive discrimination measures for children. 

The pre-school education enrolment rate for children between 4 and 5 years of age increased 
to 39% in 2009-2010 from 33% in 2008-2009. The primary school enrolment rates (grades 1-

22 

As of October 2010, the number of these shelters is 62, 11 of which were opened in 2010. The 2005 
Law  on  Municipalities  provides,  however,  for  establishment  of  shelters  for  women  in  municipalities 
with a population of 50 00 or more. 

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8) rose for both boys and girls, virtually closing the gender gap at national level in primary 
education.  The  Ministry  of  National  Education  has  developed  an  early-warning  system  for 
children at risk of dropping out. In secondary education (grades 9-12), the net enrolment rate 
rose to 65% in 2009-2010 from 59% in 2008-2009. 

The State covers health expenses of children of low-income families and of those who are not 
covered  as  dependants  by  the  social  security  system.  The  family  doctor  system  is  gradually 
being  extended  and  covers  a  larger  number  of  provinces.  This  could  result  in  better 
monitoring of children's health if sufficient implementation capacity is built up. 

A  Department  for  Disadvantaged  Groups  was  established  in  the  Ministry  of  Labour  and 
Social  Security.  One  of  its  duties  is  to  coordinate  the  efforts  by  institutions  to  tackle  child 
labour. 

Parliament’s Child Rights Monitoring Committee became more active. Among other things, it 
set up an interactive website that allows children to share their views with the members of the 
Committee.  Each  message  is  being  assessed  and  replied.  However,  it  is  still  an  informal 
committee  and  is  not  responsible  for  monitoring  all  proposed  legislation  for  compatibility 
with children’s rights. 

A parliamentary investigation committee on missing children and other cases where children 
are victimised was established. Its report is expected to be debated in parliament in 2010.  

A Prime Ministerial circular was issued with the aim of improving the conditions for seasonal 
migrant  agricultural  workers  and  their  families,  including  better  access  for  children  to 
education and health services. 

Turkey submitted to the UN its second and third combined state reports on implementation of 
the Convention on the rights of the child. 

As regards juvenile justice, a  July  2010 Law amending  the  Anti-Terror Law  and  other  laws 
provides  that  children  accused  of  committing  terror-related  crimes  will  be  tried  by  juvenile 
courts23.  This  applies  even  when  such  offences  are  committed  together  with  adults.  In 
addition,  children  sentenced  for  propaganda  for  a  terrorist  organisation  or  for  resistance  to 
security  officers  during  participation  in  meetings  or  demonstrations  will  no  longer  also  be 
sentenced  for  membership  of  a  terrorist  organisation.  In  general,  the  law  provides  for  non-
application to juveniles of a number of aggravating circumstances included in the Anti-Terror 
Law.  In  practice,  this  is  expected  significantly  to  reduce  the  prison  sentences  imposed  on 
children participating in meetings or demonstrations. Finally, the law allows juvenile courts to 
decide to postpone announcement of a judgment, to convert a prison sentence to alternative 
sanctions or to suspend sentences for terror-related crimes. 

The  probation  system,  although  new,  has  been  established  in  every  province  and 
psychologists  and  social  workers  have  been  appointed.  On  17  September  2010,  there  were 
6,233 children on probation.  

23 

Under the 2005 Law on child protection, all Turkish citizens up to eighteen years of age are considered 
children  and  are  eligible  for  children’s  rights.  However,  amendments  to  the  2006  Anti-Terror  Law 
provided  that  children  between  fifteen  and  eighteen  years  of  age  can  be  tried  as  adults.  As  a  result, 
minors participating in demonstrations, particularly in the south-east, faced charges of ‘membership of a 
terrorist organisation’ and, hence, disproportionate prison sentences. 

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However,  close  to  200,000  children  –  especially  girls  in  some  eastern  and  south-eastern 
provinces  –  are  still  out  of  school.  In  the  case  of  secondary  education,  there  are  large 
geographic variations. There is also a significant gender gap, with net enrolment rates of 68% 
among  boys  and  62%  among  girls.  Implementation  of  the  strategy  for  tackling  violence  in 
educational institutions is limited and needs to be monitored. Some cases of violence and/or 
abuse reported at children’s homes and boarding schools attracted extensive media coverage 
and  public  criticism.  In  order  to  tackle  violence  against  children  effectively,  stronger 
commitment from, and coordination between, relevant institutions is needed. 

There  has  been  limited  progress  on  preventing  child  labour.  There  is  still  no  effective 
monitoring system in place.  

The poverty rate amongst children under 15 years has dropped to 24.4%. Nevertheless, this is 
still 7.3 percentage points higher  than  the general poverty rate. In rural areas, this rate is as 
high as 44.9%. Special measures are needed to tackle poverty amongst children in rural areas. 

As regards efforts to de-institutionalise the services provided by the Social Services and Child 
Protection Agency (SHÇEK), there is a need for increased counselling, guidance and financial 
support  for  natural  and  foster  parents.  The  administrative  capacity  of  the  SHÇEK  remains 
limited. 

The 2008 demographic and health survey24 shows that 6% of children under the age of five 
were not registered. This rate rises to 11% in eastern regions. 

There  has  been  no  progress  towards  removing  the  reservations  to  the  main  international 
instruments on children’s rights25. 

Children are often still held in prisons and detention centres not reserved for children (or for 
children  and  young  people).  In  many  institutions  where  children  are  detained,  there  is  high 
turn over of unqualified personnel. 

The Child Protection Law calls for juvenile courts to be established in all 81 provinces of the 
country. By September 2010, there were ninety five such courts established with only seventy 
two of them functioning covering only 30 provinces. 

Overall, there has been progress with the legal framework on children’s rights, juvenile justice 
and the gender gap in primary education. Nevertheless, efforts on implementation need to be 
further  strengthened  in  all  areas,  including  education,  child  labour,  health,  juvenile  justice, 
administrative capacity and coordination. 

As regards socially vulnerable persons and/or persons with disabilities, an amendment to the 
Constitution cleared the way for positive discrimination in favour of persons with disabilities 
by stating that special measures for them cannot be regarded as against the equality principle. 
2010  has  been  declared  ‘Accessibility  for  All  Year’.  However,  the  strategy  paper  on 

24 
25 

2008 Demographic and Health Survey - Final Results: http://www.hips.hacettepe.edu.tr/eng/index.html.  
Turkey ratified the UN Convention on the rights of the child in 1995. However, it has reserved the right 
to interpret and apply Articles 17, 29 and 30 of the Convention - all of which refer to language rights 
and/or cultural identity – in accordance with the letter and spirit of the Constitution of the Republic of 
Turkey and of the 1923 Treaty of Lausanne. 

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accessibility  and  the  related  national  action  plan  have  not  been  adopted  yet.  A  national 
mechanism  for  monitoring  implementation  of  the  UN  Convention  on  the  rights  of  disabled 
persons and its optional protocol still has not been established. 

Employment  of  persons  with  disabilities  in  public  institutions  has  been  exempted  from  the 
recruitment limitations in the general budget, paving the way for improving their employment 
prospects.  Further  measures  are  needed  to  increase  the  employability  of  persons  with 
disabilities in both the public and private sectors, including promotion of alternative methods 
of employment. 

Lack  of  data  and  research  on  persons  with  disabilities  and  mentally  ill  persons  remains  a 
barrier to informed policymaking.  

Access  to  education,  health,  social  and  public  services  for  persons  with  disabilities  are  still 
critical issues, despite legislation in this field. Physical barriers to access to public buildings 
are  a  particular  problem26.  Awareness-raising  efforts  to  fight  prejudices  about  people  with 
disabilities need to be intensified, with a view to increasing their participation in social and 
economic life.  

Conditions of care for the mentally ill continue to give cause for concern. 

As  regards  labour  and  trade  unions  rights,  the  amendments  to  the  Constitution  grant  civil 
servants and other public employees the right to collective bargaining and make disciplinary 
decisions against civil servants subject to judicial review. The bans on politically motivated 
strikes and lockouts, solidarity strikes and lockouts, general strikes and lockouts, occupation 
of work premises, labour go-slows, productivity go-slows and other forms of resistance were 
lifted.  Membership  of  more  than  one  trade  union  at  the  same  time  in  the  same  branch  of 
activity  was  made  possible.  The  Economic  and  Social  Council  has  gained  a  constitutional 
basis. A Prime Ministerial circular called for facilitation of exercise of trade union rights in 
the public sector. Marches to celebrate 1 May went peacefully. Taksim Square was opened for 
celebrations  for  the  first  time  since  1977,  when  34  persons  were  killed  and  many  injured 
during the labour day demonstrations. 

However, trade union rights are not in line with EU standards and ILO conventions. The ILO 
bipartite  high-level  mission  called  for  the  government  and  social  partners,  including 
employers' and workers' associations, to seek a consensus and, at the same time, emphasised 
that it is for the government to ensure compliance with international obligations.  

The  demonstration  by  workers  from  TEKEL  (the  state  monopoly  for  tobacco  processing) 
raised concerns over the labour rights of workers who are to be temporarily employed by the 
State after privatisation. 

Overall,  the  constitutional  amendments  broaden  trade  union  rights  in  the  public  service. 
However, there are restrictive provisions in the current legal framework which are not in line 
with  EU  standards  and  ILO  Conventions.  Lack  of  consensus  among  social  partners  and  the 

26 

The  2005  Turkish  Disability  Act  states  that  all  existing  public  buildings  and  roads,  pavements, 
pedestrian  crossings,  open  and  green  areas,  sports  areas  and  similar  social  and  cultural  infrastructure 
serving the public must be made suitably accessible for disabled people by 2012. However, apart from 
pilot accessibility projects in four municipalities, no progress has been achieved in this field yet. 

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government is an obstacle to the adoption of new legislation. The constitutional amendment 
package did not introduce the right to strike for civil servants.  

The  principle  of  anti-discrimination  is  enshrined  in  the  Constitution  and  upheld  in  several 
laws.  The  government  consulted  civil  society  organisations,  universities  and  relevant 
authorities  on  the  draft  Law  for  the  establishment  of  an  anti-discrimination  and  equality 
board.  

However,  the  current  legal  framework  is  not  adequately  aligned  with  the  EU  acquis.  (See 
Chapter 19 – Social policy and employment) There have been several cases of discrimination 
at  the  workplace,  where  LGBTT  employees  have  been  fired  because  of  their  sexual 
orientation. Provisions of the Turkish Criminal Code on ‘public exhibitionism’ and ‘offences 
against public morality’ are sometimes used to discriminate against LGBTT people. The Law 
on misdemeanours is often used to impose fines against transgender persons.  

The  statements  by  the  State  Minister  responsible  for  Women  and  the  Family  on 
homosexuality  being  a  disorder  sparked  reactions  from  the  LGBTT  community  and  human 
rights  circles.  Negative  stereotyping  by  political  figures  can  provoke  further  discrimination 
against LGBTT people. 

Court  cases  for  the  closure  of  LGBTT  associations  ended  positively  during  the  reporting 
period. (See Freedom of association) 

Homophobia has resulted in physical and sexual violence. The killing of several transsexuals 
and transvestites, along with recent violence by police in Ankara against transgender persons, 
are  worrying  developments.  Courts  have  applied  the  principle  of  ‘unjust  provocation’  in 
favour of perpetrators of crimes against transsexuals and transvestites.  

The  Turkish  armed  forces  have  still  a  health  regulation  which  defines  homosexuality  as  a 
‘psychosexual’  illness  and  declares  homosexuals  unfit  for  military  service.  Conscripts  who 
declare their homosexuality have to provide photographic proof. Some have had to undergo 
humiliating medical examinations.  

Overall,  efforts  continued  to  improve  the  situation  of  socially  vulnerable  persons  and/or 
persons  with  disabilities,  to  strengthen  labour  union  rights  and  to  fight  discrimination. 
However, in practice many challenges remain to be addressed in these areas.  

With  respect  to  property  rights,  implementation  of  the  February  2008  Law  on  foundations 
continued throughout the reporting period, albeit with some delays and procedural problems. 
The  initial  deadline  of  27  August  2009  for  submission  of  applications  by  non-Muslim 
foundations for the restitution of properties registered under figurative or fictitious names, or 
in the name of the Treasury or of the Directorate-General for Foundations, was extended to 
give the foundations time to obtain all the documents required. 

Representatives of the Turkish authorities met members of non-Muslim foundations a number 
of  times  about  implementation  of  Provisional  Article  7.  A  total  of  1,410  applications  for 
restitution  were  submitted  by  107  foundations.  To  date,  131  positive  decisions  have  been 
given,  while  another  150  requests  were  met  without  taking  the  cases  to  the  Foundations 
Council.  

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For 943 applications the Foundations Council extended the period by two months to 16 July 
in  order  for  the  files  to  be  completed.  On  another  347  applications  negative  decisions  were 
issued. 

As regards the Ecumenical Patriarchate v. Turkey27 case and the issue of just satisfaction, the 
ECtHR  judgment  of  15  June  2010  found  that  Turkey  had  to  re-register  the  property  in 
question  in  the  land  register  in  the  applicant’s  name.  The  Büyükada  civil  court  of  first 
instance ruled in favour of the Ecumenical Patriarchate, reflecting the ECtHR's judgement and 
the position of the Foundations Assembly. 

However,  the  legal  framework  does  not  address  cases  of  properties  seized  and  sold  to  third 
parties  or  properties  of  foundations  merged  before  the  new  legislation  was  adopted  in 
February 2008. 

Syriacs continue to face difficulties in property and land registration procedures. A number of 
court  cases  are  in  progress  concerning  both  individuals  and  religious  institutions.  The  Mor 
Gabriel  Syriac  Orthodox  monastery  court  cases  regarding  land  ownership  continued 
throughout the reporting period.  

Turkey has yet to implement the ECtHR judgment28 of March 2009 on the property rights of a 
Greek Orthodox church on the island of Bozcaada (Tenedos).  

Problems  encountered  by  Greek  nationals  when  inheriting  and  registering  property  are  still 
being reported, in particular with application by the Turkish authorities of the amended Land 
Registry  Law,  including  interpretation  of  its  provision  on  reciprocity.  With  respect  to  that 
issue,  the  ECtHR  held  that  there  had  been  a  violation  of  Article  1  of  Protocol  1  (peaceful 
enjoyment  of  possessions)  to  the  ECHR  and  ordered  either  the  return  of  the  property  or 
financial compensation for the applicants. 

Overall,  the  Law  on  foundations  has  been  implemented,  albeit  with  some  delays  and 
procedural  problems.  The  Foundations  Council  acknowledged  these  problems  and  tried  to 
speed up procedures. However, this law does not address the issues of properties seized and 
sold  to  third  parties  or  of  properties  of  foundations  merged  before  the  new  legislation  was 
adopted. Turkey needs to ensure full respect of the property rights of all non-Muslim religious 
communities. 

Respect for and protection of minorities, cultural rights 

27 

28 

On 8 July 2008, the ECtHR decided on the claim of the Ecumenical Patriarchate that had been deprived 
of  its  property  acquired  in  1902  and  dedicated  to  a  specific  use  in  1903  via  the  Foundation  of  the 
Büyükada Greek Orphanage for Boys. The applicant alleged, in particular, that by ordering registration 
of its real estate in the name of the orphanage, under the management of the State Directorate-General 
for Foundations, the domestic courts had breached its right to peaceful enjoyment of its property. The 
court  held  that  the  Turkish  authorities  were  not  entitled  to  deprive  the  owner  of  its  property  without 
providing appropriate compensation and that there had been a violation of the ECHR. 
In  March  2009,  the  ECtHR  ruled  that  Turkey  had  violated  the  property  rights  of  a  Greek  Orthodox 
church on the island of Bozcaada (Tenedos). It held unanimously that the refusal by the Turkish courts 
to  register  the  immovable  property  of  the  applicant  foundation  in  the  land  registry  in  its  name  was  a 
violation of Article 1 of Protocol 1 (peaceful enjoyment of possessions) to the ECHR. 

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The  debate  on  minority-related  issues  has  developed  under  the  auspices  of  the  government, 
and  a  few  symbolic  acts  have  taken  place,  such  as  the  Roma  gathering  in  March.  Work  is 
under way to remove discriminatory language from textbooks.  

However,  Turkey’s  approach  to  minority  rights  remains  restrictive.  Turkey  is  a  party  to  the 
UN  International  Covenant  on  civil  and  political  rights,  but  its  reservations  regarding  the 
rights  of  minorities  and  the  UN  Covenant  on  economic,  social  and  cultural  rights  regarding 
the  right  to  education  are  causes  for  concern.  Turkey  has  not  signed  the  Council  of  Europe 
Framework Convention for the protection of national minorities.  

A  constructive  dialogue  between  Turkey  and  the  OSCE  High  Commissioner  on  National 
Minorities, including on participation by minorities in public life and broadcasting in minority 
languages, would facilitate further alignment with international standards and best practice in 
EU Member States. 

The situation of the Greek minority has not changed. It continues to encounter problems with 
education and property rights, including on the islands of Gökçeada (Imvros) and Bozcaada 
(Tenedos).  Management  of  minority  schools,  including  dual  headship29,  remains  an  issue, 
pending an implementing regulation. The schools face procedural and bureaucratic difficulties 
with registration, budget problems and sustainability problems due to the number of students 
(restricted by law on condition that they must be from the same minority) plus administrative 
issues and educational problems.  

Anti-Semitism remains an issue, especially in connection with hate speech in the pro-Islamist 
and ultranationalist media.  

The  court  case  on  the  murder  of  Armenian  journalist  Hrant  Dink  is  continuing  without 
significant  progress.  The  court  case  against  two  protestants  in  Silivri  is  continuing  under 
Article 301 of the Turkish Criminal Code, as allowed by the Ministry of Justice. The Malatya 
murder  case  continued.  The  court  case  against  the  coup  plan,  referred  to  as  ‘cage  plan’ 
targeting non-Muslim minorities started in June. (See Civilian oversight of security forces)  

Overall, Turkey's approach on minorities remains restrictive. Full respect for and protection of 
language, culture and fundamental rights, in accordance with European standards, have yet to 
be  fully  achieved.  Turkey  needs  to  make  further  efforts  to  enhance  tolerance  or  promote 
inclusiveness vis-à-vis minorities. 

As  regards  cultural  rights,  the  Regulation  on  the  Radio  and  Television  Supreme  Council 
(RTUK) was amended in November, removing all restrictions on broadcasting in Kurdish and 
other languages by private and public channels at local level. Fourteen radio stations and TV 
channels  have  been  given  permission  to  broadcast  in  Kurdish  and  Arabic.  Restrictions  have 
been lifted. (See Chapter 10)  

For  the  first  time,  the  Diyarbakır  Municipal  Theatre  staged  a  play  in  Kurdish.  In  June,  the 
State  Minister  for  EU  Affairs  invited  all  EU  embassies  to  a  Kurdish  literature  event  in  the 
village of Bahcesehir (Van). 

29 

The  deputy  head  of  these  schools  is  a  Muslim  representing  the  Ministry  of  Education  and  has  more 
powers than the head. 

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Mardin Artuklu University established the first Kurdish and Assyrian language departments, 
and started to accept students to post-graduate programmes organised by these departments. 

TRT started broadcasting 24 hours a day in Arabic on the TRT El Turkiye television channel, 
which can be watched via satellite by more than three million viewers. 

The  amended  Law  on  fundamental  principles  of  elections  and  the  electoral  registry  entered 
into force on 10 April 2010, de facto allowing use of Kurdish in election campaigns.  

However, use of any language other than Turkish in political life is still illegal under the Law 
on  elections  and  political  parties.  The  courts  have  been  issuing  contradictory  decisions  in 
court cases against Kurdish politicians.  

Diyarbakır High Criminal Court No 4 banned 13 members of Bahar Cultural Centre (BKM) 
from performing arts for one year. The court ruled that the 13 artists ‘may not take part in any 
social and artistic events’. Members of the BKM Music and Theatre Group were punished for 
performing  at  the  Batman  Cultural  Festival,  Newroz  celebrations  and  press  gatherings.  The 
musicians and artists were charged with ‘violating the law on assembly and demonstrations’. 
One  musician  has  been  in  pre-trial  detention.  13  artists  and  musicians  were  each  given  10-
month prison sentences. 

In practice, children whose mother tongue is not Turkish cannot learn their mother tongue in 
either private or public schools. 

No  measures  have  been  taken  to  facilitate  access  to  public  services  for  non-speakers  of 
Turkish.  While  interpretation  during  the  investigation  phase  and  court  hearing  is  possible 
under the current legislation for suspects, victims or witnesses, it is not consistently applied in 
practice.  

There  have  been  improvements  in  use  of  the  Kurdish  language  in  prisons.  However,  this  is 
still  restricted  because  of  security  concerns  and  implementation  varies  between  prison 
administrations. (See chapter on Prisons).  

As  regards  Roma,  the  government  launched  an  ‘opening’,  including  a  workshop  and  a 
meeting with the Prime Minister in March. 

The government submitted to parliament a proposal to amend a discriminatory clause in the 
Law on the movement and residence of aliens30, which authorises ‘the Ministry of the Interior 
to  expel  stateless  and  non-Turkish  gypsies  and  aliens  that  are  not  bound  to  the  Turkish 
culture’.  

In June, the Ministry of the Interior asked all governors about the housing needs of the Roma 
population in each province. It also issued a circular requesting all governors to facilitate the 
registration of all ‘persons without a civil registry’. The registration of Roma is an important 
step to ensure their access to public services.  

However,  in  the  absence  of  a  comprehensive  policy  to  address  the  situation  of  Roma,  the 
latter still face social exclusion and marginalisation in access to education, discrimination in 

30 

Law No 5683 on the movement and residence of aliens (Article 21). 

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health  services,  exclusion  from  job  opportunities,  difficulties  in  gaining  access  to  personal 
documentation and exclusion from participation in public affairs and public life.  

The  Roma  population  continues  to  face  socio-economic  problems,  such  as  poverty, 
displacement and lack of social services in the aftermath of the demolition in Roma districts 
under  urban  renewal  programmes  in  various  cities.  In  January,  in  western  Manisa  province, 
several incidents took place between Roma and other citizens, resulting in the displacement of 
Roma citizens. 

Turkey has not been participating in the 2005-2015 ‘Decade of Roma Inclusion’, despite calls 
on the government to do so by the Roma community.  

Overall, Turkey has made progress on cultural rights, especially by further relaxing use of the 
Kurdish  language  in  private  TV  and  radio  broadcasts  and  in  prisons.  The  24-hour  Arabic-
language  TV  broadcasts  started  in  2010  in  addition  to  the  Kurdish-language  TV  channel 
which  started  the  previous  year.  However,  restrictions  remain,  particularly  on  use  of 
languages other than Turkish in political life, education and contacts with public services. The 
legislation  on  use  of  languages  other  than  Turkish  is  open  to  restrictive  interpretations  and 
implementation is inconsistent. There has been some progress in the situation of the Roma, as 
their  issues  have  become  more  publicly  debated,  and  implementation  some  measures  is 
underway. However, Roma still frequently face discriminatory treatment.  

Situation in the east and south-east  

Implementation of the government’s plan to complete the South-East Anatolia project (GAP) 
by 2012, a key project for socio-economic development of the region, continued. According to 
official  statistics,  GAP’s  share  of  total  public  investment  increased  to  14.4%  in  2009  (from 
12% in 2008). Investments on irrigation, road transport, health and education continued along 
with  special  programmes  on  business  development,  human  resources  development  and 
empowerment of women. The first meeting for evaluation of the revived GAP took place in 
February 2010 and a monitoring report for 2009 was published.  

Following the debate on the government’s democratic opening to address notably the Kurdish 
issue,  some  restrictions  on  the  use  of  the  Kurdish  language  in  broadcasting  and  the  use  of 
pasture land in the region have been removed. In a number of cases original place names have 
been restored in response to public demand31.  

However,  terrorist  attacks  by  the  PKK,  which  is  on  the  EU  list  of  terrorist  organisations, 
continued to claim many lives, not only in the south-east but also throughout Turkey. During 
the summer, terrorist attacks increased strongly throughout Turkey, including in major urban 
centres.  Turkey  conducted  air  strikes  against  terrorist  hideouts  in  northern  Iraq  in  May, 
following  parliament’s  decision  to  extend  its  2007  motion  authorising  the  government  to 
order cross-border operations. At the same time, temporary security zones were established in 
several provinces, restricting access by civilians.  

The return of PKK members and refugees from the Mahmur camp has been put on hold. In 
October 2009, a group of 34 people crossed from Iraq as part of the government’s democratic 
opening. In July some of the refugees returned to Iraq. 

31 

Currently  the  law  allows  only  village  place  names  to  be  changed  by  a  decision  of  the  Council  of 
Ministers. 

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Concrete measures announced within the framework of the democratic opening fell short of 
the expectations and were not followed through and implemented.  

A large number of executives and politicians, including elected mayors from the BDP party, 
were  arrested  as  part  of  operations  against  the  KCK-PKK.  Members  of  the  Human  Rights 
Association and Göçder Diyarbakır have also been arrested.  

Restrictions  on  the  exercise  of  fundamental  freedoms,  in  particular  freedom  of  expression, 
stemming  from  a  wide  definition  of  terrorism  under  the  Anti-Terror  Law  continue  to  be  a 
cause for concern. 

Landmines  remain  a  security  concern  for  military  personnel  and  civilians,  after  causing 
several  casualties.  The  government  reported  continuing  use  of  anti-personnel  mines  by  the 
PKK.  Under  the  ‘Ottawa  Convention’  on  the  prohibition  of  the  use,  stockpiling,  production 
and  transfer  of  anti-personnel  mines  and  on  their  destruction,  Turkey  has  undertaken  to 
destroy all anti-personnel mines in mined areas as soon as possible, but no later than 1 March 
2014.  

Landmine clearing at the border areas continues to be a priority. Following the adoption of the 
law  on  "mine  clearing  and  tender  procedures  to  be  conducted  at  the  land  borders  between 
Turkey and Syria", a "project management group" has been established in under the Ministry 
of Defence, working in particular on the re-demarcation of the Turkish-Syrian border. Further 
actions are needed to de-mine border areas in the country, in particular the ones adjacent to 
Iraqi and Iranian borders. 

No  steps  have  been  taken  in  addressing  the  problem  of  village  guards,  who  are  paid  and 
armed by the State.  

Overall, despite public statements of commitment, the democratic opening announced by the 
government  in  August  2009  to  address  notably  the  Kurdish  issue,  was  only  partly  followed 
through.  Terrorist  attacks  increased.  It  is  important  to  sustain  efforts  to  address  the  Kurdish 
issue.  The  anti-terror  legislation  needs  to  be  amended  to  avoid  a  broad  interpretation,  to 
improve  the  human  rights  situation  in  the  region  and  to  reduce  the  disproportionately  high 
number of detainees linked to alleged terrorist acts. Landmines and the village guard system 
are still causes for concern.  

Refugees and internally displaced persons (IDPs)  

Continued progress has been made on the process of compensation of losses due to terrorism 
and  the  fight  against  terrorism  since  2004.  Since  the  law  entered  into  force  in  March  2008, 
247,729  applications  out  of  360,660  have  been  resolved.  Out  of  these  applications  139,832 
received a positive decision and 106,887 were rejected. A total of 2,096,521,347 Turkish Lira 
had  been  paid  to  applicants  so  far.  Numerous  cases  have  been  launched  in  administrative 
courts by rejected applicants. Several of them applied to the ECtHR.  

The  Damage  Assessment  Commissions  continue  to  face  lack  of  resources  and  a  heavy 
workload, which results in slow progress on assessment and payment of compensation. 

The situation of IDPs in urban areas remains a cause for concern. IDPs cannot return because 
of a wide range of factors, mainly the poor security situation and the presence of landmines, 
the  lack  of  basic  infrastructure  and  of  capital,  the  limited  job  opportunities  and  the  threat 
posed by the village guard system. 

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In  March  2010,  two  circulars  were  adopted  with  the  aim  of  ensuring  better  access  to  and 
information  on  the  asylum  procedures  and  combating  illegal  migration.  These  are  positive 
measures and some improvements have been observed.  

UNICEF  notes  that  some  efforts  have  been  made  to  safeguard  the  rights  of  children  of 
asylum-seekers to health care and education32.  

However,  the  lack  of  a  comprehensive  legal  framework  on  refugees  and  asylum-seekers 
stands in the way of provision of services for their children. Only about a quarter of asylum-
seeker and refugee children aged 7 to 14 attend school regularly, due to a mixture of financial, 
language  and  bureaucratic  constraints  and  lack  of  demand.  Unaccompanied  asylum-seeker 
children benefit from the care services of the Child Protection Agency (SHÇEK). Efforts to 
locate the families of unaccompanied children are carried out by the UNHCR and the Turkish 
Red Crescent. 

Overall,  compensation  of  internally  displaced  persons  (IDPs)  has  continued.  However, 
implementation  is  not  effective.  The  government  has  not  developed  an  overall  national 
strategy  to  address  the  IDP  issue  and  needs  to  step  up  efforts  to  address  IDPs’  needs.  The 
legal framework for refugees and asylum-seekers and implementation of circulars regarding 
procedures  for  applications  need  to  be  strengthened.  Further  improvements  of  the  general 
conditions in foreigners’ detention centres is important.  

2.3. 

Regional issues and international obligations 

Cyprus  

Turkey  continued  to  express  public  support  for  the  negotiations  between  the  leaders  of  the 
two communities under the good offices of the UN Secretary-General. As emphasised by the 
negotiating  framework  and  Council  declarations,  Turkey  is  expected  to  actively  support  the 
negotiations  aimed  at  a  fair,  comprehensive  and  viable  settlement  of  the  Cyprus  problem 
within the UN framework, in accordance with the relevant UN Security Council resolutions 
and in line with the principles on which the EU is founded. Turkey’s commitment in concrete 
terms to a comprehensive settlement is crucial.  

Despite repeated calls by the Council and the Commission, Turkey still has not complied with 
its  obligations  as  outlined  in  the  declaration  of  the  European  Community  and  its  Member 
States  of  21  September  2005  and  in  the  Council  conclusions,  including  the  December  2006 
and December 2009 conclusions. 

It  does  not  meet  its  obligation  of  full,  non-discriminatory  implementation  of  the  Additional 
Protocol  to  the  Association  Agreement  and  has  not  removed  all  obstacles  to  the  free 
movement of goods, including restrictions on direct transport links with Cyprus.  

32 

UNICEF: ‘Girls under eighteen are among the foreigners - mostly women from ex-Soviet countries – 
who  are  trafficked  into  Turkey  as  forced  prostitutes.  Thirty-one  out  of  706  victims  of  trafficking 
assisted  by  the  International  Organisation  for  Migration  in  Turkey  between  2004  and  mid-2009  were 
under  eighteen,  according  to  the  IOM.  Victims  of  human  trafficking  are  provided  with  health  and 
rehabilitation  services  by  the  Ministry  of  Health  and,  in  the  case  of  children,  SHÇEK.  Human 
trafficking  is  specifically  prohibited  by  the  Turkish  Penal  Code.  It  is  worth  noting  that  a  third  of  all 
trafficked adult women have children of their own.’ 

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In  addition,  Turkey  has  not  made  progress  towards  normalising  bilateral  relations  with  the 
Republic  of  Cyprus.  It  continues  to  veto  Cyprus’s  membership  of  several  international 
organisations,  including  the  OECD  and  the  Wassenaar  Arrangement  on  export  controls  for 
conventional  arms  exports  and  dual-use  goods.  The  Commission  will  continue  to  monitor 
closely and specifically report on all issues covered by the 21 September 2005 declaration, in 
accordance with the Council conclusions of December 2006. 

The  government  of  the  Republic  of  Cyprus  reported  violations  of  its  territorial  waters  and 
airspace by Turkey. 

Peaceful settlement of border disputes 

Turkey and Greece have intensified their efforts to improve their bilateral relations. From 13 
to  15  May  Prime  Minister  Erdogan  met  Greek  Prime  Minister  Papandreou  in  Athens.  A 
number of agreements for cooperation on trade, education, transport, energy, culture and the 
environment were signed. A bilateral agreement was reached to readmit a number of illegal 
migrants to Turkey, but is not yet in operation. 

The  47th  round  of  exploratory  talks  was  held  in  Athens  in  summer  2010.  Exploratory  talks 
have been continuing since 2002 and have intensified. The threat of casus belli in response to 
the  possible  extension  of  Greek  territorial  waters,  made  in  the  resolution  adopted  by  the 
Turkish  Grand  National  Assembly  in  1995,  still  remains.  In  line  with  the  Negotiating 
Framework, the Council conclusions of December 2009 noted that ‘Turkey needs to commit 
unequivocally  to  good  neighbourly  relations  and  to  the  peaceful  settlement  of  disputes  in 
accordance with the United Nations Charter, having recourse, if necessary, to the International 
Court of Justice. In this context, the Union urges the avoidance of any kind of threat, source 
of  friction  or  action  which  could  damage  good  neighbourly  relations  and  the  peaceful 
settlement  of  disputes.’  A  considerable  number  of  formal  complaints  were  made  by  Greece 
about  continued  violations  of  its  airspace  by  Turkey,  including  flights  over  Greek  islands. 
Greece also made complaints about violations of its territorial waters. 

Regional cooperation 

Turkey  remains  actively  involved  in  regional  initiatives.  It  is  a  member  of  the  Regional 
Cooperation Council (RCC) and also held the one-year rotating Chairmanship-in-Office of the 
South-East European Cooperation Process (SEECP), which ended with a summit in Istanbul 
in June.  

Bilateral  relations  with  other  enlargement  countries  and  neighbouring  EU  Member  States 
have  been  developing  positively.  Turkey  has  taken  a  number  of  initiatives  in  the  Western 
Balkans,  expressing  commitment  to  promoting  peace  and  stability  in  the  region.  Turkey 
supports integration of all countries in the region both with the European Union and at Euro-
Atlantic level. The Turkish Foreign Minister held and facilitated several contacts throughout 
2010.  Regular  tripartite  meetings  were  held  between  the  Ministries  of  Foreign  Affairs  of 
Turkey, Serbia and Bosnia and Herzegovina. In parallel, regular tripartite talks have been held 
between Turkey, Croatia and Bosnia and Herzegovina. On Turkey’s initiative, the Presidents 
of Bosnia and Herzegovina and of Serbia met for the first time since the war. At their meeting 
in Istanbul in April, the three countries adopted the "Istanbul Declaration" and underlined that 
their common goal is integration into the European Union. They agreed that regional policy 
should  be  based  on  ensuring  security,  permanent  political  dialogue  and  preservation  of  the 

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multi-ethnic,  multi-cultural  and  multi-religious  nature  of  the  region.  The  Turkish  President 
visited Bosnia and Herzegovina in September. 

In addition, high-level bilateral meetings were conducted with Albania, the former Yugoslav 
Republic  of  Macedonia,  Kosovo33,  Montenegro  and  Serbia.  The  Turkish  Prime  Minister 
visited  Serbia  in  July  2010.  The  Serbia-Turkey  free  trade  agreement  came  into  force  in 
September 2010. 

On  20  November,  an  agreement  was  signed  to  lift  visa  requirements  for  Albanian  citizens 
travelling to Turkey. 

Relations with Bulgaria remained positive. 

As regards the International Criminal Court (ICC), see Chapter 31 – Common foreign and  
security policy. 

3. 

ECONOMIC CRITERIA 

In examining the economic developments in Turkey, the Commission’s approach was guided 
by the conclusions of the European Council in Copenhagen in June 1993, which stated that 
membership  of  the  Union  requires  the  existence  of  a  functioning  market  economy  and  the 
capacity to cope with competitive pressure and market forces within the Union.  

3.1. 

The existence of a functioning market economy 

Economic policy essentials 

The  Pre-Accession  Economic  Programme  (PEP)  submitted  to  the  Commission  in  January 
2010  adequately  reflects  needs  and  commitments  to  further  reform.  It  draws  largely  on  the 
Medium-Term  Plan  (MTP)  published  in  mid-2009.  The  government’s  new  MTP,  due  by 
October 2010, should focus on the recovery conditions. The authorities largely adhered to the 
economic policy principles as reflected in the International Monetary Fund’s (IMF) Article IV 
report. The fragmentation of responsibilities between government bodies, however, continues 
to complicate coordination of budgeting and medium-term economic policy-making. Another 
challenge  that  Turkey  is  facing  is  to  lock  in  its  future  economic  success  and  stability  in  a 
consistent  and  comprehensive  framework  aimed  at  broader-based  productivity  growth  and 
higher  labour  market  participation.  Strong  inflationary  pressures  and  a  rapidly  growing 
current  account  deficit  have  to  be  carefully  monitored  and  addressed  properly.  Overall, 
consensus  on  economic  policy  essentials  has  been  preserved.  However,  confidence  in  the 
government’s  economic  policy  stance  would  benefit  from  better  planning,  coordination  and 
communication. 

Macroeconomic stability 

GDP contracted by about 5% in 2009, a sharp contrast to the 6% average annual growth rate 
in the period 2004-08 and the growth of 0.7% in 2008. Turkey's GDP per inhabitant stands at 
46%  of  the  EU  average.  The  global  financial  crisis  hit  the  economy  hard  dramatically 
reducing  fixed  investment  and  external  demand.  Fiscal  and  monetary  stimulus  measures, 
combined with a healthy banking sector, helped cushion the blow. After a severe contraction 

33 

Under UNSCR 1244/1999. 

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in the first half of 2009, economic growth resumed in the second half and then gained pace in 
the first  half of  2010 recouping  the output lost  in 2009. Domestic  demand drove the fastest 
expansion in almost six years. Real GDP increased  in  the  first  half  of  2010  by  11%  from  a 
year earlier, up from 2% in the second half of 2009, reflecting a very significant recovery over 
the last year. All sectors demonstrated strong positive growth: trade, industry and construction 
expanded  by  over  15%  in  the  first  semester  of  2010.  Domestic  demand  and  in  particular 
investment  were  particularly  strong,  as  the  year-on-year  growth  in  gross  fixed  capital 
formation  amounted  to  a  sheer  22%.  The  high  growth  in  domestic  demand  translated  into 
imports  growth  amounting  to  20%.  Net  exports  pulled  down  the  growth  performance  by 
3.4%.  Consumer  and  corporate  loans  have  maintained  their  rapid  pace  and  continue  to  spur 
domestic demand. High frequency indicators point at a growth slowdown – albeit gradual and 
from very high levels – starting in mid-2010. Overall, the Turkish economy has demonstrated 
high resilience. It is recovering rapidly from the crisis and growing at robust rates since mid-
2009.  

Pressures on the current account – which had seen a major crisis-led improvement – started in 
late  2009,  as  robust  domestic  demand  and  higher  energy  prices  fuelled  imports,  which 
increased  by  30%  in  the  first  half  of  2010.  In  tandem  with  the  rise  in  imports,  exports 
performed  relatively  well  and  rose  by  about  15%  in  the  first  six  months  of  2010. 
Consequently, the trade deficit more than doubled passing from 3% of GDP in the first half of 
2009 to 6.2% of GDP in the same period in 2010. The current account balance broadly shows 
similar patterns and the deficit is widening rapidly. In the first six months of 2010, the deficit 
amounted to 6.2% of GDP, compared with 2.7% in the same period of 2009. Total financing 
needs  have  almost  doubled  in  2010.  The  financing  has  been  shifting  dramatically  towards 
more  portfolio  and  in  particular  more  cross-border  credits  to  domestic  banks  (covering  two 
thirds  of  the  current  account  deficit)  and  less  direct  investment.  Reserves  rose  by  about  €4 
billion to roughly €40 billion. The gross external debt stock amounted to 37% of GDP in the 
first half of 2010, down by about five percentage points from the same period in 2009. About 
two thirds is held by the private sector. Overall, external imbalances and financing needs have 
been growing significantly on the back of high domestic growth. Access to external finance 
remained unproblematic. 

In  2009,  the  unemployment  rate  amounted  to  14%.  In  tandem  with  the  recovery,  the 
unemployment  rate  declined  to  11%  by  mid-2010  from  13%  in  mid-2009.  The  non-farm 
unemployment  rate,  which  stood  at  17%  in  mid-2010,  showed  a  broadly  similar  downward 
trend. The youth unemployment rate dropped faster, most likely due to the priority given to 
this  segment  in  the  employment  package,  to  20%  from  over  24%  in  July  last  year. 
Employment data show a marked improvement, as the number of employed increased by over 
1,000,000 compared with July last year. The employment rate went up from 42% in mid-2009 
to  44%  in  the  same  period  of  2010.  Female  labour  participation  increased  by  over  1.5 
percentage  points  since  mid-2009,  but  female  employment  remains  particularly  low,  at  just 
half the overall rate. The prevalence of undeclared work remains a crucial issue (See Chapter 
19: Social Policy and employment). Given the high unemployment rate and the annual growth 
rate of 1.2%  in  the  working-age population, the labour market needs to absorb not only the 
unemployed  but  also  one  million  new  entrants  every  year.  Overly  strict  employment 
protection  discourages  employers  from  hiring  new  people.  Overall,  the  unemployment  rate 
remains higher than pre-crisis and demographic factors are expected to keep unemployment 
high in years ahead in the absence of additional labour market reforms and the application of 
an appropriate combination of flexibility and security.  

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Annual  inflation  was  6.3%  in  2009.  A  combination  of  several  unfavourable  developments, 
such as price increases for unprocessed food and oil, base effects and administered price rises, 
has  led  to  a  significant  increase  in  inflation  since  the  last  quarter  of  2009.  These  factors 
pushed  headline  inflation  significantly  above  the  central  bank  target,  leading  to  an  adverse 
impact  on  inflation  expectations.  Between  November  2009  and  April  2010,  inflation  rose 
from 5.1% to 10.2% before falling to 8.3% in August, reflecting large volatility in food prices. 
The central bank expects inflation to fall towards the end of 2010, although it is unlikely to 
reach the central bank end-year target of 6.5%. Core inflation went up from about 3% in mid-
2009 to 4% by August-2010. Turkey’s real policy rate is now low given the robust economic 
recovery.  Cuts  in  the  policy  rate  were  transmitted  to  market  rates,  but  at  speeds  and  pass-
through rates that varied across instruments. Rates on corporate lending declined the most, by 
more than 15 percentage points. Recovering domestic demand and easing lending standards in 
the second half of 2009 helped revive credit supply which accelerated further to an annualized 
rate  of  around  30%  in  the  first  half  of  2010.The  Turkish  central  bank  is  looking  ahead  to  a 
period of strong growth and has announced plans to roll back the extraordinary measures put 
in  place  during  the  economic  crisis  in  2009  and  to  inject  less  liquidity  into  the  market  and 
currency reserves requirements have been increased. The operational structure of the central 
bank's  liquidity  management  has  been  changed  in  order  to  ensure  a  better  allocation  of 
liquidity  within  the  banking  system  and  to  reduce  the  dependence  of  banks  on  the  central 
bank's lending facilities. Taking into account its reading of the – not yet closed – output gap 
(according  to  estimates  by  the  central  bank),  the  Monetary  Policy  Committee  has  indicated 
that the monetary tightening/exit strategy should be prudent and slow. Overall, price stability 
worsened,  chiefly  because  of  pressures  stemming  from  energy  and  food  inputs  and  buoyant 
economic activity, triggering a tighter monetary stance. 

Turkey’s fiscal consolidation over the past decade was very significant as, in the wake of the 
2001 financial crisis, the government managed to cut the public debt to GDP ratio from a high 
of over 70% in 2001 to less than 40% by mid- 2008. Structural loosening as well as cyclical 
factors weakened the fiscal balance from mid-2008 to mid-2009. The deterioration in public 
finances accelerated as fiscal measures to stimulate economic growth, equivalent to about 5% 
of GDP over the period 2009-2011, were taken to minimise some of the adverse effects of the 
crisis. They appear to have successfully propped up private consumption and are being phased 
out gradually. But they also caused the budget deficit to soar from 2.2% of GDP in 2008 to 
about 5.7% in 2009. So far, the budget performance has improved in 2010. Budget realisation 
in  the  first  six  months  of  2010  was  much  better  than  anticipated,  as  strong  consumption  is 
leading  to  higher  tax  revenue  performance  (up  20%  year-on-year).  Tax  increases  also 
contributed  (VAT  and  special  consumption  taxes  on,  amongst  others,  cars  and  white  goods 
had previously been lowered to prop up consumption). Subsequently, in the first half of the 
year, the budget deficit declined significantly to only about half last year’s. The exit strategy 
was  less  visible  on  the  spending  side,  as  real  expenditure  remained  at  the  same  level  as  in 
2009. There are signs that pressures in some  expenditure categories are building up (mainly 
personnel expenditure and capital spending). The public debt stock rose by around 6% year-
on-year  to  less  than  45%  of  GDP  in  mid-2010.  According  to  the  government,  public  debt 
should drop to the low 40s by the end of 2010, and subsequently continue to fall slowly. With 
an election scheduled in 2011, however, the fiscal picture could change. Overall, although the 
anti-crisis measures have cushioned the economic downturn, they must be exited in a timely 
fashion and targeted in order to lay the foundations for strong, sustained and balanced growth. 

The Public Financial Management Law was supposed to be implemented between 2007 and 
2010  and  to  make  Turkey’s  public  finance  administration  broadly  consistent  with  EU 

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standards  on  internal  controls.  However,  three  years  after  the  adoption  of  the  law,  the 
accountability,  efficiency  and  transparency  of  the  budgeting  process  would  benefit  from  a 
modernisation  of  the  public  audit,  while  the  adoption  of  the  draft  Turkish  Competition 
Authority  Law  would  contribute  to  less  opacity  on  state  aids  in  public  finances.  The 
unification  of  all  tax  administration  functions  under  the  Revenue  Administration  announced 
earlier has not been implemented in full. This unification would strengthen the audit capacity 
and  facilitate  greater  use  of  standard  risk-based  audit  techniques,  thereby  enhancing 
transparency and providing significant support for reducing informality. Overall, measures to 
increase fiscal transparency were modest.  

Over  the  last  few  years,  Turkey  had  successfully  implemented  a  strong  stabilisation 
programme and the resilience of the Turkish economy had benefited from in-depth structural 
reforms in many key areas, including banking, restructuring of enterprises and privatisation, 
education and energy. Although the financial crisis has hit the Turkish real economy hard, the 
earlier  regulatory  and  supervisory  reforms  have  paid  off  and  growth  resumed  rapidly  and 
strongly.  Turkey’s  fiscal  and  monetary  policy  mix  proved  successful  during  the  crisis  and 
adjustments  are  being  made  in  order  to  benefit  from  the  recovery.  A  new  draft  law 
establishing  a  fiscal  anchor  that  has  potential  for  considerably  improving  the  fiscal 
performance over time, as well as removing the current pro-cyclical bias of fiscal policy, was 
submitted to parliament in mid-July, but its discussion was postponed. Making more progress 
with fiscal transparency, strengthening the inflation targeting and preserving financial stability 
will be important to minimise the risks of a boom-bust scenario. Overall, although the current 
policy  mix  has  proved  effective  in  recent  months,  macroeconomic  stability  remains 
vulnerable and could benefit from a stronger fiscal anchor. 

Interplay of market forces 

The government has confirmed the independence of the regulatory and surveillance agencies. 
But  despite  the  regulatory  framework,  government  authorities  still  tend  to  set  the  prices  in 
some  key  areas,  including  in  electricity  and  gas  markets,  and  to  a  lesser  extent  in 
telecommunications  and  transportation,  in  particular  in  rail  transportation.  Liberalisation  of 
backbone services has advanced significantly and prepared the ground for several successful 
privatisations in the energy sector. Indeed, Turkey continued its privatisation efforts in a more 
challenging and crisis-prone environment. Total privatisations completed decreased from €4.4 
billion  (1%  of  GDP)  in  2008  to  €1.6  billion  (0.4%  of  GDP)  in  2009.  A  total  of  106 
transactions  were  completed  in  2009.  Ongoing  major  privatisations  include  the  transfer  of 
operating  rights  for  52  small-scale  hydropower  plants  plus  the  privatisation  of  four  sugar 
companies, electricity distribution in 13 regions and three ports. Overall, some progress has 
been made on improving the interplay of market forces. Privatisation has advanced, albeit at a 
slower pace due to the worsening external environment. 

Market entry and exit 

In  2009,  the  economic  circumstances  had  a  major  impact  on  market  entry  and  exit.  The 
number of newly established firms decreased by 10%, while the number of firms which were 
closed  down  increased  by  8.5%.  Foreign  owners  still  face  restrictions  in  various  areas, 
including  maritime  transport,  civil  aviation,  ground-handling,  road  transport,  radio  and  TV 
broadcasting, energy, accountancy and education. Licensing procedures are relatively lengthy. 
For  example,  25  different  procedures  are  still  needed  in  order  to  build  a  warehouse,  from 
securing  licences  and  permits  to  completing  the  necessary  notifications  and  inspections  and 
obtaining utility connections. Market exit is difficult too, as closing a business still takes 3.3 

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years on average. Moreover, claimants recover only one fifth of their claims from insolvent 
firms.  Overall,  market  exit  procedures  remain  relatively  cumbersome.  The  crisis  had  a 
negative impact on the number of newly established firms.  

Legal system 

Turkey  has  established  most  of  the  legal  framework  of  a  market  economy,  but  must  ensure 
further implementation. A reasonably well functioning legal system, including in the area of 
property  rights,  has  been  in  place  for  several  years.  Registering  a  property  requires  six 
procedures and takes six days in Turkey. However, enforcing commercial contracts remains a 
lengthy  process,  which  involves  35  procedures  and  takes  420  days  on  average.  The 
specialisation of commercial court judges is insufficient, leading to lengthy court proceedings. 
The expert witness system still functions as a parallel judiciary system, without improving the 
overall quality. Use of out-of-court dispute-settlement mechanisms remains low. Overall, the 
legal environment, in particular court procedures, continues to pose practical challenges and 
create obstacles to a better business environment. 

Financial sector development 

The  banking  sector  has  shown  resilience  to  the  global  financial  crisis,  largely  due  to  major 
improvements  made  to  the  regulatory  and  supervisory  framework  in  previous  years.  Risk 
ratios  in  the  financial  sector  remained  robust.  The  sector  also  benefited  from  the  central 
bank’s  liquidity  measures  and  some  easing  of  regulations  governing  loan  classification  and 
provisioning  requirements.  In  a  crisis  context,  a  temporary  easing  of  conditions  for 
restructuring loans and a temporary elimination of general provisioning for new loans aimed 
at  preserving  the  banks’  high  capital  adequacy  ratios  while  encouraging  lending.  These 
measures helped the nominal capital adequacy ratio to increase to almost 20% by early 2010, 
substantially  higher  than  the  EU  legal  requirement  of  12%.  Non-performing  loans  fell  to 
about  5%  by  mid-2010  from  a  peak  of  about  6%  at  the  end  of  2009  and  stress  tests  by  the 
regulator  show  that  the  sector  is  sound.  The  banking  sector,  by  far  the  largest  part  of  the 
financial sector, increased its share to 78% of the total financial sector. The relative size of the 
insurance  sector  increased  slightly  to  3%,  about  the  same  size  as  mutual  funds.  Domestic 
private banks had a 32.5% share of total assets, whereas the share of foreign banks increased 
to  39.5%,  taking  into  account  foreigners’  investments  in  the  stock  exchange,  which  is 
equivalent  to  20%  of  banking  sector  assets.  The  Istanbul  Stock  Exchange  increased 
considerably during 2009, with total stock market capitalisation almost doubling, from 19% 
of  GDP  in  2008  to  37%  in  2009  and  over  40%  of  GDP  by  mid-2010.  Concentration  in  the 
banking sector remained broadly stable, as the shares of the top five and top ten banks were 
60% and 80%, respectively. However, due to the very strong ongoing credit growth fuelled by 
increased  consumer  and  business  confidence  and  low  interest  rates,  regulatory  authorities 
need to remain vigilant. Overall, in difficult crisis conditions, the financial sector has shown 
resilience thanks to earlier reforms. 

3.2. 

The  capacity  to  cope  with  competitive  pressure  and  market  forces  within  the 
Union 

Existence of a functioning market economy 

The strength of domestic demand is fuelling a fast recovery from recession, which confirms 
the economy's improved shock resilience. But it is also fuelling rapid expansion in the current 
account deficit, pointing to the return of persistent imbalances in the Turkish economy. As the 

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recovery gets under way, a golden opportunity for structural reforms is being opened up by 
the sharp drop in real interest rates in recognition of Turkey’s solid fundamentals. At the same 
time,  potential  growth  in  Turkey  is  being  held  back  by  high  inactivity  and  insufficiently 
broad-based  productivity  growth.  Overall,  the  crisis  did  not  jeopardise  the  functioning  of 
market mechanisms.  

Human and physical capital  

The  educational  reform  programme,  which  is  a  key  part  of  the  National  Development  Plan 
(2007-2013), is being implemented. It sets two key priorities for education, modernisation and 
reform:  increase  the  responsiveness  of  education  to  demand  and  enhance  the  educational 
system.  In  2010,  the  challenges  remain  significant.  Although  there  has  been  some  progress 
and  the  top  students  in  Turkey  are  performing  well,  the  vast  majority  of  Turkish  students 
perform at the lowest proficiency levels in basic skills and problem-solving. Participation in 
higher education remains low by international standards. Around 44% of 20- to 24-year olds 
go  to  university,  8  percentage  points  more  than  in  2006,  while  only  1.5%  of  school-age 
children  fail  to  finish  primary  school,  compared  with  10%  in  2006.  Overall,  reforms  and 
increased  spending  on  education  are  obviously  having  some  positive  impact  on  educational 
attainment, but significant problems persist. 

During  the  crisis,  investment  decreased  and  gross  fixed  capital  formation  (GFCF)  fell  by 
around 3% in 2009 to about 20% of GDP, but growth resumed by as much as 22% in the first 
half  of  2010.  Private  capital  formation  totalled  around  15%  of  nominal  GDP.  FDI  inflows 
held up relatively well in 2009 helped by the privatisation of the electricity grids but fell by 
about  20%  in  the  first  half  of  2010  compared  with  a  year  earlier.  At  the  same  time,  their 
composition improved, as more than three quarters went into utilities and manufacturing. For 
many  years  infrastructure  investment  has  been  hampered  by  the  need  to  consolidate  public 
finances  and  the  failure  to  cut  lower-priority  spending.  Inadequate  infrastructure  is 
increasingly affecting economic activity. Though in 2009 and 2010 some ─ albeit modest ─ 
progress can be reported on infrastructure, in particular roads and oil pipelines, there is a risk 
that  inadequate  infrastructure,  including  for  power  supply,  could  hamper  the  economic 
recovery. Gross electricity consumption growth has averaged some 7% in each of the last few 
years,  and  extra  power-generating  capacity  is  being  constructed,  albeit  with  some  delays. 
Although  the  official  government  target  was  to  increase  research  and  development 
expenditure  to  2%  of  GDP  by  2010,  R&D  expenditure  remains  much  lower,  on  just  1.4%. 
Overall,  some  limited  progress  was  made  on  upgrading  the  country’s  human  and  physical 
capital. 

Sectoral and enterprise structure 

The  independence  of  the  regulatory  and  surveillance  agencies  has  been  largely  preserved. 
Market liberalisation has not advanced in agriculture, whereas some progress has been made 
in the pricing mechanisms for the energy sector. The sectoral shift from agriculture to services 
and industry was reversed by the slowdown in economic activity. The share of agriculture in 
overall employment increased from 23.7% to 24.7% between December 2008 and December 
2009.  The  share  of  services  stabilised  at  50%.  On  the  other  hand,  both  industry  and 
construction  saw  their  relative  shares  of  total  employment  decline  by  a  combined  total  of 
1.5%.  The  quality  and  frequency  of  data  on  small  and  medium-sized  enterprises  (SMEs) 
remained poor. Various new initiatives have been launched to improve access to finance for 
SMEs. However, the share of SMEs in total banking sector loans decreased from 23% at the 
end of 2008 to 21.4% by December 2009. For instance, a new guarantee fund for SMEs was 

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part  of  the  stimulus  packages  with  the  aim  of  alleviating  the  impact  of  the  crisis  on  SME 
finances.  But  the  earmarked  funds  of  €500  million  were  underutilised,  as  only  seven  SMEs 
had received credit guarantee support by 31 March 2010. The large informal sector which is 
fuelled by weaknesses in tax and expenditure policies, as well as in law enforcement, remains 
an important challenge. Turkey therefore adopted a comprehensive action plan to combat the 
informal economy in 2009. Overall, the crisis slowed down or even reversed structural shifts 
in  economic  activity.  In  spite  of  new  initiatives  by  the  Turkish  government,  the  crisis  has 
complicated access to finance for SMEs. 

State influence on competitiveness 

There has been no tangible progress in the field of state aid. As transparency in the decision-
making process remains low, it is still difficult to judge the rationale and consistency of the 
individual decisions taken. In addition, the scale of state aid and its importance in some key 
sectors  are  likely  to  have  increased  substantially  following  the  introduction  of  the  various 
fiscal  stimulus  packages.  Adoption  of  the  commercial  code  has  again  been  postponed.  The 
absence of transparent monitoring of state aid and of supporting policies to reduce distortion 
continued  to  have  an  adverse  effect  on  competition  and  competitiveness  in  the  economy. 
Public  procurement  policies  continued  to  be  undermined  by  exceptions  to  the  regulatory 
framework. Overall, state intervention continued to be untransparent, which might have had a 
negative effect on competition and competitiveness. 

Economic integration with the EU 

The openness of the Turkish economy, as measured by the total value of exports of goods and 
services as a percentage of GDP, decreased to about 47.5% of GDP by the end of 2009, from 
52.2% in 2008, largely in line with the crisis-led contraction in world trade. The EU’s share of 
Turkey’s  total  trade  increased  from  41.4%  in  2008  to  42.6%  in  2009.  Its  share  in  Turkey’s 
exports decreased from 48% in 2008 to 46% in 2009. While the EU’s share of Turkey’s trade 
varies slightly from year to year, depending on numerous factors, including commodity price 
trends and exchange rate movements, its decline in Turkey’s exports is likely to be the result 
of relatively more subdued demand in the EU. Simultaneously, Turkey was somehow able to 
diversify its exports towards other regions. The share of exports to African and Middle East 
countries  in  Turkey’s  total  exports  increased  from  10%  in  2008  to  over  20%  in  2009.  FDI 
inflows to Turkey from EU Member States remained very significant, growing from 75% of 
the  total  in  2008  to  80%  in  2009,  thus  illustrating  the  strong  economic  interdependence 
between the EU and Turkey. Overall, trade and economic integration with the EU remained 
high.  Turkey  was  able  to  diversify  part  of  its  trade  towards  new  markets,  thereby  partly 
alleviating the impact of the crisis.  

Incipient  nominal  exchange  rate  appreciation  pressures  were  observed  in  the  first  half  of 
2010. In the year to July 2010, the exchange rate for the lira appreciated by 5% in nominal 
terms against a basket of 50% US dollar and 50% euro. In real effective terms, corrected for 
both  producer  and  consumer  price  developments,  the  lira  strengthened  by  8%.  Overall, 
standard indicators suggest that Turkey’s export competitiveness has stopped improving.  

4. 

ABILITY TO ASSUME THE OBLIGATIONS OF MEMBERSHIP 

This section examines Turkey's ability to assume the obligations of membership – that is, the 
acquis as expressed in the Treaties, the secondary legislation and the policies of the Union. It 

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also  analyses  Turkey's  administrative  capacity  to  implement  the  acquis.  The  analysis  is 
structured in accordance with the list of 33 acquis chapters. In each sector, the Commission's 
assessment  covers  progress  achieved  during  the  reporting  period  and  summarises  the 
country's overall level of preparations. 

4.1. 

Chapter 1: Free movement of goods 

No progress can be reported towards alignment with the general principles applicable to free 
movement  of  goods.  The  legislation  on  standardisation  in  foreign  trade  marginally  reduced 
the list of items subject to conformity assessment upon import in 2010. Restrictions applicable 
since 2009 on goods from non-EU countries in free circulation in the EU were not abolished 
in  2010.  Such  goods  are  still  subject  to  conformity  assessment  procedures  based  on 
documentation  accompanied,  if  necessary,  by  physical  checks  at  the  customs  posts,  thus 
delaying and sometimes inhibiting access to the Turkish market. 

Technical  barriers  to  trade  have  increased  in  certain  areas,  such  as  pharmaceuticals.  A  new 
requirement  calling  for  good  manufacturing  practice  certificates  for  registration  of 
pharmaceutical products for human use resulted in a de facto ban on imports from Europe by 
causing  long  delays  in  the  registration  process.  The  registration  requirements  for  imports  of 
textiles  and  clothing  are  still  in  force.  The  mutual  recognition  principle  has  not  been 
introduced  into  the  Turkish  legal  order,  thus  limiting  free  movement  of  goods  in  the  non-
harmonised area. Licences are still required for the import of goods considered old, renovated 
or faulty, for second-hand motor vehicles and for alcoholic beverages. Furthermore, exports 
of  copper  scrap  have  also  been  subjected  to  a  licence  which  introduces  a  ban  to  exports 
contrary to the Customs Union provisions. 

As regards horizontal measures, further progress can be reported on standardisation. Over 
the  reporting  period  the  Turkish  Standards  Institute  (TSE)  continued  to  adopt  European 
standards.  So  far  it  has  adopted  a  total  of  16,194  standards  of  the  European  Committee  for 
Standardisation  (CEN)  and  the  European  Committee  for  Electrotechnical  Standardisation 
(CENELEC).  Harmonisation  with  the  European  Telecommunication  Standards  Institute’s 
(ETSI)  standards  remained  at  around  350.  The  overall  rate  of  harmonisation  with  European 
standards  rose  to  99.7%.  The  TSE  is  running  67  operational  mirror  committees,  showing  a 
decline  in  interest  in  voluntary  standardisation  activities  since  last  year,  when  it  had  86 
operational committees. The revised law reflecting the new structure of the TSE meeting the 
requirements for full membership of CEN-CENELEC has not yet been adopted. 

In  terms  of  conformity  assessment,  further  progress  was  achieved  on  notified  bodies.  There 
are now 14 Turkish notified bodies, compared with 12 in 2009, operating in the areas of toys, 
personal  protective  equipment,  lifts,  hot-water  boilers,  appliances  burning  gaseous  fuels, 
construction products (cement), simple pressure vessels, pressure equipment, medical devices, 
recreational craft and machinery. 

Some  progress  can  be  reported  on  accreditation.  TURKAK  (the  Turkish  Accreditation 
Agency)  is  also  the  monitoring  authority  over  good  laboratory  practice.  The  number  of 
TURKAK accreditations increased by 17% compared with last year and reached the number 
of 465. Although TURKAK is already a member of the European Accreditation Cooperation 
(EA) and a signatory of seven EA multilateral agreements, the revised law aiming at further 
harmonising  TURKAK's  structure  with  the  European  accreditation  system  has  not  yet  been 
adopted. 

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Some progress can be reported in the area of legal metrology. The Ministry of Industry and 
Trade  issued  new  and  amending  legislation  on  non-automatic  weighing  instruments,  type 
approval  of  measures  and  measuring  instruments  and  their  inspection,  metrological  control 
methods for such instruments, the international system for units of measurement and nominal 
quantities  of  pre-packed  products.  Although  progress  has  been  made  towards  further 
alignment,  full  implementation  of  the  Measuring  Instruments  Directive  has  not  yet  been 
achieved. 

There  was  some  progress  on  market  surveillance.  The  Under-Secretariat  of  Foreign  Trade 
issued  legislation  to  lay  down  a  common  template  for  market  surveillance  reports  and 
notifications. A national surveillance strategy for 2010-2012 has been adopted. The Ministry 
of Industry and Trade and the Ministry of Agriculture published legislation for organisational 
aspects  of  market  surveillance  activities.  The  Under-Secretariat’s  report  on  market 
surveillance  activities  in  2009  is  a  major  step  towards  systematic  collection  of  comparable 
surveillance data, even though a number of authorities were unable to contribute basic data. 
Market  surveillance  activities  have  continued  to  increase,  even  though  some  product 
categories  deserve  more  focus,  such  as  civil  explosives,  detergents,  machinery  and  the  non-
harmonised area in general. Financial and human resources devoted to market surveillance are 
insufficient;  in  particular,  more  full-time  specialised  inspectors  are  needed.  The  use  of 
appropriate  risk  assessment  and  sampling  methods,  which  would  help  optimise  the  use  of 
limited market surveillance budgets, remains limited, as is the evaluation of the effectiveness 
of  the  action  taken.  There  is  no  database  linking  accidents  and  injuries  to  products.  The 
visibility of market surveillance remains low. Coordination within and between surveillance 
agencies is still deficient, including on use of IT. Stakeholders are not systematically informed 
of market surveillance activities and measures and their general involvement in surveillance 
remains weak. In particular, consumer organisations need to be supported in order for them to 
better  understand  technical  legislation  and  to  use  complaint  mechanisms  more  effectively. 
Full  alignment  with  the  2001  version  of  the  general  products  safety  directive  remains 
outstanding.  Full  and  systematic  implementation  of  Regulation  765/2008,  setting  out  the 
requirements for accreditation and market surveillance relating to the marketing of products, 
remains to be ensured, including provisions on external border controls. 

Alignment of horizontal measures is advanced. However, effective implementation of market 
surveillance  and  adoption  of  final  changes  to  the  legislation  on  standardisation  and 
accreditation  have  yet  to  be  achieved.  Furthermore,  the  new  legislative  framework  on 
marketing of products has yet to be adopted in the areas of market surveillance, conformity 
assessment procedures, CE marking and accreditation. 

Further progress was made on the old approach acquis. The Ministry of Industry and Trade 
adopted  various  pieces  of  legislation  on  the  type  approval  of  motor  vehicles  and  emissions 
from  vehicles  and  tractors.  In  particular,  the  Ministry  of  Trade  and  Industry  published  a 
regulation  concerning  the  type  approval  of  motor  vehicles  with  regard  to  their  reusability, 
recyclability  and  recoverability  aiming  to  transpose  the  related  EC  Directive  on  the  same 
subject. The same Ministry published a regulation and an implementing communiqué aiming 
to  transpose  the  EC  Regulation  on  the  type  approval  of  motor  vehicles  with  regard  to  the 
protection  of  pedestrians  and  other  vulnerable  road  users.  The  Ministry  of  Health  issued  an 
amending  regulation  regarding  the  packaging  and  labelling  of  pharmaceutical  products  for 
human  use.  The  same  Ministry  issued  an  amending  regulation  on  the  pricing  of 
pharmaceuticals for human use and provisions were adopted on clinical trials. The problem of 
protection of regulatory data persists and the authorisation system for generic medicines for 
which marketing authorisation was applied prior to 1 January 2005 remains in place. Turkey 

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is  continuing  to  violate  the  Customs  Union  obligations  in  this  area.  The  Ministry  of  the 
Environment  and  Forestry  issued  a  regulation  on  good  laboratory  practice  which  is  of  key 
importance  for  the  chemicals  sector.  The  requirements  imposed  on  imports  of  alcoholic 
beverages  remain  burdensome.  The  Tobacco  and  Alcohol  Board  still  requires  the  same 
documentation  as  it  did  before  the  import  licence  requirement  was  lifted.  The  documentary 
requirements  to  obtain  the  control  certificate  from  the  Ministry  of  Agriculture  remain  also 
burdensome.  Alignment  with  the  old  approach  acquis  is  advanced,  but  further  efforts  are 
needed to complete the process. 

Alignment with the new approach product legislation is already advanced. Limited further 
progress  can  be  reported  in  this  area.  The  Ministry  of  Public  Works  and  Settlement  issued 
legislation  on  the  criteria  applicable  to  the  notified  body  and  published  technical 
specifications  for  construction  products.  The  same  Ministry  abolished  about  188  mandatory 
standards  in  the  area  of  construction  products.  Mandatory  certification  by  the  Turkish 
Standards Institute for products falling under 22 standards is also abolished. The Ministry of 
Health  published  a  communiqué  laying  down  the  principles  and  procedures  for  a  warning 
system on medical devices.  

No  progress  can  be  reported  on  procedural  measures.  The  Under-Secretariat  of  Foreign 
Trade continued implementing the provisions of Regulation 765/2008 regarding the control of 
products  entering  the  EU  market,  even  though  this  Regulation  has  not  been  transposed  yet 
into Turkey's national legislation. No progress was made on cultural goods and firearms. 

There was no progress in the non-harmonised area. The mutual recognition principle still has 
not  been  introduced  into  Turkey’s  trade  arrangements.  The  Ministry  of  Public  Works  and 
Settlement issued legislation establishing a conformity assessment procedure for the G mark 
for  all  construction  products  in  the  non-harmonised  area  with  effect  from  July  2010.  This 
legislation  creates  an  advantage  for  products  that  carry  the  TSE  mark  (Turkish  Standards 
Institute's quality mark).  Conformity  assessment bodies  were assigned  for  this purpose. The 
provision  concerning  products  originating  from  non-EU  countries,  including  those  put  into 
free circulation in the EU and re-exported to Turkey, has not been revised. These construction 
products would still have to go through conformity assessment checks in Turkey. 

Turkey has still not fully incorporated into its domestic legal order all EU acts for the removal 
of  technical  barriers  to  trade  enumerated  in  Annex  II  to  Decision  2/97  of  the  EU-Turkey 
Association Council. Moreover, Turkey has still not accepted the update of the Annex to this 
Decision reflecting acquis adopted since 1997. 

‘Free movement of goods’ is one of the eight chapters covered by the conclusions on Turkey 
adopted by the Council (General Affairs and External Relations) on 11 December 2006 and 
endorsed by the European Council on 14/15 December 2006. As long as restrictions remain in 
place on the free movement of goods carried by vessels and aircraft registered in Cyprus or 
whose last port of call was in Cyprus, Turkey will not be in a position to implement fully the 
acquis relating to this chapter. 

Conclusion 

Limited  progress  can  be  reported  in  this  chapter.  Although  alignment  is  advanced,  the  new 
legislative framework on marketing of products has yet to be transposed into the Turkish legal 
order and the requirements of the acquis need to be fully incorporated. Technical barriers to 
trade are still hampering free movement of goods and new barriers have been added in areas 
such  as  pharmaceuticals  and  construction  products.  Deficiencies  persist  in  the  market 

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surveillance  system.  The  mutual  recognition  principle  still  has  not  been  introduced  in 
Turkey’s  trade  legislation  and  the  problem  of  data  protection  in  connection  with 
pharmaceutical products remains unsolved. Turkey needs to fully implement Decision 1/95 on 
the  EU-Turkey  Customs  Union,  including  the  update  of  Annex  II  to  Decision  2/97,  and  to 
abolish  the  remaining  import  and  export  licences  and  the  restrictions  on  imports  of  used 
products, in particular motor vehicles. 

4.2. 

Chapter 2: Freedom of movement for workers 

With regard to access to the labour market, Turkey amended the Law on work permits for 
foreigners, introducing the possibility of preliminary permits for up to one year for foreigners 
providing ‘professional services’. The Regulation on enforcement of the Law on employment 
of foreigners was also amended. The new regulation explicitly mentions that foreign experts 
employed  in  projects  under  financial  cooperation  programmes  between  Turkey  and  the  EU 
are not required to obtain a work permit during their assignment. However, a comprehensive 
reform of the Law on work permits for foreigners has been pending in parliament since 2007. 

Regarding  Turkey's  participation  into  EURES  (European  Employment  Services),  the  IT 
infrastructure,  electronic  services  and  staff  capacity  of  the  Turkish  Employment  Agency 
(ISKUR) need improvement. 

The  social  security  institution  continued  to  receive  expertise  and  training  to  improve  its 
capacity for coordination of social security systems. 

There were no developments as regards the European health insurance card. 

Conclusion 

There has been little progress on freedom of movement for workers. Alignment is at an early 
stage. 

4.3. 

Chapter 3: Right of establishment and freedom to provide services 

There has been limited progress on the right of establishment and freedom to provide services. 
Work  on  the  preparation  of  the  detailed  strategy  related  to  alignment  with  the  acquis  is 
ongoing.  

As regards the right of establishment, disproportionate requirements are still in place. 

There  has  been  no  progress  in  the  area  of  freedom  to  provide  cross-border  services. 
Registration,  licence  or  authorisation  requirements  incompatible  with  the  acquis  still  exist. 
Service-providers  already  established  in  an  EU  Member  State  are  subject  to  such 
requirements before they can obtain work and residence permits. No legislative or regulatory 
steps have been taken to align with the Services Directive. An amending regulation regarding 
professional tourist guides,  as  well as chamber of commerce regulations  on agricultural  and 
shipping  engineers,  confirmed  the  nationality  requirements  imposed,  which  are  not  in  line 
with  the  acquis.  A  systematic  structure  for  identifying  obstacles  to  exercise  freedom  to 
provide cross border services has not yet been set up. The Ministry of Industry and Trade, the 
coordinating body for implementing the Service Directive, started working on establishing a 
Point of Single Contact for the provision of services.  

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No  progress  can  be  reported  on  postal  services.  The  draft  postal  law  has  not  yet  been 
adopted. The accounting system still lacks transparency. The legal monopoly remains in place 
and an independent regulatory authority has not yet been established. 

Little  progress  can  be  reported  on  mutual  recognition  of  professional  qualifications.  A 
decision of the Constitutional Court annulled the remaining references to women in the Law 
on nurses. The regulation laying down minimum training conditions for regulated professions 
subject  to  automatic  recognition  was  amended.  However,  recognition  of  professional 
qualifications  is  still  not  differentiated  from  recognition  of  academic  qualifications.  Some 
regulated  professions  are  still  subject  to  reciprocal  recognition.  Nationality  and  language 
requirements remain.  

‘The  right  of  establishment  and  freedom  to  provide  services’  is  one  of  the  eight  chapters 
covered by the conclusions on Turkey adopted by the Council (General Affairs and External 
Relations) on 11 December 2006 and endorsed by the European Council on 14/15 December 
2006.  As  long  as  restrictions  remain  in  place  on  the  free  movement  of  goods  carried  by 
vessels and aircraft registered in Cyprus or whose last port of call was in Cyprus, Turkey will 
not be in a position to implement fully the acquis relating to this chapter. 

Conclusion 

Alignment under this chapter is, overall, at an early stage. No progress can be reported in the 
areas of right of establishment, freedom to provide cross border services, and postal services. 
There  has  been  very  limited  progress  regarding  mutual  recognition  of  professional 
qualifications. 

4.4. 

Chapter 4: Free movement of capital 

There has been no progress in capital movements and payments over the reporting period. 
Turkey has yet to make significant progress on alignment of its legislation with the acquis.  

legislative  framework  regulating  real-estate  acquisition  by  foreigners  remains 
The 
inconsistent with Article 63 of the Treaty on the Functioning of the European Union. Turkey 
still needs to propose an action plan for gradual liberalisation of acquisition of real estate by 
foreigners  in  line  with  the  acquis  and  to  demonstrate  that  it  is  making  progress  towards 
gradual liberalisation, which is a key element for the accession negotiations in this chapter. 

There has been no progress on removing remaining restrictions on foreign direct investments 
originating  from  the  EU,  a  priority  in  this  area.  Sectoral  restrictions  remain  in  place,  for 
example on energy, transport, education and radio and TV broadcasting. A draft law raising 
the limit on foreign participation in the above-mentioned areas is before parliament. Turkey’s 
overall level of preparedness in the area of capital movements and payments is limited. 

No progress can be reported on further alignment of Turkey’s payment  systems legislation 
with the acquis. The Central Bank revised its communiqué on use of the IBAN (international 
bank account number) in bank transfers, making its use in practice optional if the recipient’s 
IBAN  is  unknown.  Adoption  of  a  new  payment  systems  law  in  line  with  the  acquis  is 
pending. The overall level of preparedness in payment systems remained incomplete. 

Progress  has  been  made  on  alignment  with  the  acquis  on  the  fight  against  money 
laundering. A number of regulations have been adopted to implement the 2006 Law on the 
prevention of laundering proceeds of crime and the 2008 action plan, which is a key element 

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for the accession negotiations in this chapter. A regulation introduced detailed provisions on 
customer  identification,  including  real  persons,  legal  persons  and  entities  and  electronic 
transfers.  Another  regulation  adopted  allows  obliged  parties  to  take  simplified  measures  in 
terms  of  customer  due  diligence.  The  Ministry  of  Finance  is  authorised  to  decide 
implementing  measures  and  the  types  of  transactions  falling  within  the  scope  of  this 
regulation. 

The Financial Action Task Force (FATF) included Turkey amongst 25 countries subject to a 
targeted  review  because  of  deficiencies  with  regard  to  nine  out  of  ten  key  and  core 
recommendations. At its plenary session in February 2010, the FATF published a list entitled 
‘Improving  global  AML/CFT  compliance:  on-going  process’  which  also  includes  Turkey. 
Particular  deficiencies  identified  include  areas  such  as  criminalisation  of  financing  of 
terrorism  and  an  adequate  legal  framework  for  identifying  and  freezing  terrorist  assets. 
Turkey  submitted  to  the  FATF  an  action  plan  setting  out  the  measures  to  address  the 
deficiencies.  

The Turkish Financial Investigation Unit (MASAK) signed memoranda of understanding for 
exchanges of information with its counterparts in Croatia, Bosnia and Herzegovina, Ukraine, 
Japan and Norway.  

A considerable increase was recorded in the number of suspicious transaction reports relating 
to possible money laundering: 9,823 reports were notified to MASAK in 2009, compared with 
4,924 in 2008 Most of them were submitted by the banking sector. In contrast, the number of 
suspicious transaction reports concerning financing of terrorism decreased to 49 in 2009 from 
228 in 2008. Prosecutions were brought in 23 cases in 2009, compared with 42 in 2008; 15 of 
those  resulted  in  opening  of  cases  before  courts  in  2009,  compared  with  34  in  2008. 
Convictions, confiscations, seizures and freezing of assets remain limited. 

Turkey  applied  the  2008  Law  regarding  recovery  of  certain  assets  to  the  national  economy 
until December 2009. Statistics are not available on suspicious transaction reports made under 
this law. MASAK included specific courses on the law in the training programme for obliged 
parties. It continued running training activities for examiners, judges, prosecutors and obliged 
parties. The capacity of MASAK needs to be strengthened and training of the judiciary and 
law enforcement bodies needs to continue. Turkey has not yet ratified the Council of Europe 
Convention on laundering, search, seizure and confiscation of the proceeds from crime and on 
the financing of terrorism (CETS 198), although it signed it in 2007. 

Conclusion 

Progress has been made on alignment with the acquis on the fight against money laundering, 
but the legal framework against financing of terrorism is still incomplete. There has been no 
progress  on  capital  movements  and  payments,  nor  on  payment  systems,  areas  in  which 
alignment with the acquis remains incomplete. Obstacles still stand in the way of acquisition 
of real estate by foreigners. Sectoral restrictions are still in place, including on foreign direct 
investments originating from the EU. 

4.5. 

Chapter 5: Public procurement 

No progress can be reported on general principles. Extensive use of the 15% price advantage 
for  domestic  bidders  continued.  The  advantage  clause  was  applied  to  24%  of  the  overall 
contract  value  which  was  above  the  threshold,  as  opposed  to  18%  in  2009.  There  was  a 

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significant increase in the number of contracts covered by exclusions and via direct purchases. 
In all, 28% of contracts and 12% of the overall contract value were not subject to the tender 
procedures stipulated in the Public Procurement Law. Revision of the legislation is necessary 
to  reduce  the  frequency  of  use  of  alternative  procurement  procedures.  Preparations  are 
moderately advanced in this area. 

Some  progress  has  been  made  on  award  of  public  contracts.  The  strategy  adopted  in 
February 2010 for enhancing transparency and strengthening the fight against corruption is a 
positive  step  to  enhance  integrity  in  public  procurement  activities.  The  Public  Procurement 
Authority launched a call centre to provide advisory services to procuring entities in January 
2010.  Comprehensive  guides  to  supply,  service  and  works  tenders  were  published  in  May 
2010. 

Turkey’s public procurement legislation remains different from the acquis in various respects. 
Turkey  has  not  repealed  derogations  contradicting  the  acquis,  nor  has  it  further  aligned  its 
legislation, or its scope, particularly on utilities, concessions and public-private partnerships. 
Classical sectors and utilities are still subject to the same public procurement procedures. In 
the absence of a coherent legal framework, there is a lack of transparency about the award of 
concessions and public-private partnerships. Preparations are not very advanced in this area. 

Turkey has drafted an alignment strategy on public procurement, with milestones on the way 
to eventual full alignment. The strategy now needs to be adopted and implemented. 

The  necessary  administrative  capacity  is  in  place  both  in  the  Public  Procurement  Authority 
and  in  the  State  Planning  Organisation.  The  Ministry  of  Finance  coordinates  policy 
formulation and plays an implementing role confirmed by law. An ad-hoc unit set up in 2009 
under  the  Directorate  of  budget  and  financial  control  is  being  restructured  with  a  view  to 
providing  better  coordination  of  public  procurement  reform.  However,  administrative  and 
operational  capacity  needs  further  improvement.  Market  functionality  and  competition  with 
other  stakeholders  (contracting  entities  and  economic  operators)  are  satisfactory  in  most 
sectors. Preparations are highly advanced in this domain. 

No  progress  can  be  reported  on  alignment  with  the  Remedies  Directives.  The  Public 
Procurement Board has a maximum of 20 calendar days to reach a decision and announce it 
on the website. Turkey will need to align its legislation on review procedures with the acquis 
and  to  strengthen  its  administrative  capacity  and  enforcement  mechanisms.  Preparations  are 
moderately advanced in this area. 

Conclusion 

Some  progress  can  be  reported  in  this  chapter.  The  institutional  set-up  and  administrative 
capacity are advanced. A draft alignment strategy, with a time-bound action plan, needs to be 
adopted. Turkey has not completed the alignment of the scope of its legislation to the acquis, 
particularly on utilities, concessions and public-private partnerships. 

4.6. 

Chapter 6: Company law 

Little  progress  can  be  reported  on  company  law.  No  progress  has  been  made  towards 
adoption of the long-pending Turkish Commercial Code (TCC) and the Law on the entry into 
force and implementation of the TCC. Without adoption of the TCC, electronic disclosure of 
and  access  to  company  information  is  not  possible.  Nor  is  online  company  registration 

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operational  either.  Adoption  of  other  draft  laws  is  contingent  upon  entry  into  force  of  the 
TCC. 

The  Capital  Market  Board  (CMB)  issued  a  communiqué  on  the  principles  of  takeovers.  In 
particular, the concept of control of a company has been defined in the securities legislation 
for the first time. New rules were introduced for setting the price of the bid, mandatory bids, 
voluntary bids and public disclosure in line with the directive. 

The CMB further amended the communiqué on the principles regarding mergers in order to 
enhance transparency. In cases of acquisition of one company by another which holds 95% or 
more  of  its  shares,  a  simplified  procedure  will  be  applied.  The  disclosure  document  on  the 
merger will have to be published electronically. 

Turkey amended its Law on financial reporting in the capital market. As a result, companies 
must disclose annual and interim financial reports on their websites and keep them available 
to the public for five years.  

Some progress can be reported in the area of corporate accounting. The Turkish Accounting 
Standards  Board  (TASB)  published  several  standards,  interpretations  and  revisions  of  a 
number  of  international  accounting  standards  (IAS).  The  standards  apply  to  600  listed 
companies. Specialised training was organised for TASB staff members. 

Limited progress can be reported on auditing. The CMB issued a communiqué on principles 
for independent auditing standards in the capital markets. The CMB also changed the sanction 
of  ‘permanent  cancellation’  of  the  independent  audit  licence  to  ‘the  cancellation  of  not  less 
than  two  years.  After  two  years,  the  independent  audit  firm  can  apply  for  lifting  of  the 
sanction. 

Partially  in  line  with  the  Directive  on  statutory  audits  of  annual  accounts  and  consolidated 
accounts, a database on independent audit firms was opened to the public. The CMB speeded 
up  quality  controls  on  audit  firms  and  joined  the  International  Forum  of  Independent  Audit 
Regulators in order to intensify cooperation  with international  organisations.  The  regulatory 
framework  for  auditing  is  not  in  place.  A  public  oversight  body  for  statutory  auditors  and 
audit firms has yet to be established. 

Conclusion 

Overall,  limited  progress  was  made  in  this  chapter  during  the  reporting  period.  The  new 
Commercial  Code  has  not  yet  been  adopted.  The  administrative  capacity  of  the  TASB 
requires further strengthening. The legal and institutional framework for auditing is not yet in 
place. 

4.7. 

Chapter 7: Intellectual property law 

In  the  area  of  copyright  and  neighbouring  rights,  the  Directorate-General  for  Copyrights 
(DGCC)  in  the  Ministry  of  Culture  and  Tourism  (MoCT)  improved  its  online  services. 
Coordination and cooperation between the copyright bodies has further improved as a result 
of  training  organised  jointly  by  the  MoCT,  the  police,  the  judiciary  and  the  anti-piracy 
commissions.  After  the  police  joined  the  anti-piracy  commissions,  physical  piracy  has 
decreased.  However,  in  cities  other  than  Istanbul,  Ankara  and  Izmir,  conducting  ex-officio 
raids against pirated products is very difficult, due to the lack of a common understanding of 
the  legislation  on  the  part  of  enforcers  and  the  complicated  wording  of  the  rules  on 
banderolling.  The  rules  and  procedures  for  the  fight  against  piracy  need  simplification.  In 

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particular,  adoption  of  the  pending  package  of  amendments  to  the  Law  on  intellectual  and 
artistic works is crucial. 

No progress can be reported in the legislative framework for industrial property rights. A 
constructive  and  structured  dialogue  should  be  established  between  the  Turkish  Patent 
Institute  (TPI)  and  IPR-holders.  Issues  linked  to  bad  faith  and  similar  trade  marks  and 
industrial designs remain unresolved. The re-examination board needs more legal experts. The 
search  and  examination  capacity  of  the  Patent  Department  needs  to  be  improved.  The  draft 
laws  regulating  industrial  design  and  patent  and  geographical  indication  rights,  including 
deterrent criminal sanctions, prepared by the TPI in consultation with other stakeholders need 
to  be  urgently  adopted  by  parliament  as  the  deadline  for  the  adoption  of  new  legislation 
expired on 10 June 2010.  

Following the decision of the Constitutional Court to revoke criminal provisions on trademark 
infringements  in  the  trademark  decree-law,  Turkey  adopted  a  new  trademark  law.  On  the 
basis of the same decision, the Supreme Court of Turkey decided that a defendant under the 
repealed criminal provisions of the trademark decree-law should be acquitted of all charges. 
Moreover, confiscated counterfeit goods had to be returned to the defendants, since they were 
no longer the subject of a crime. As a result, a big number of counterfeit goods found their 
way back to the Turkish market and possibly to other markets too. Turkey did not act timely 
to  prevent  the  above  negative  development.  The  Court  also  ruled  that  the  provisions  of  the 
Turkish  Commercial  Code  on  unfair  competition  cannot  apply  to  trademark  cases.  This 
decision  of  the  Supreme  Court  is  another  negative  development  with  regard  to  criminal 
enforcement of trademark rights in Turkey. 

As  regards  enforcement,  the  high-level  inter-ministerial Intellectual  and  Industrial  Property 
Coordination  Board  eventually  agreed  to  establish  an  IPR  working  group  as  a  platform  for 
dialogue  between  the  EU  and  Turkey.  Establishment  of  such  dialogue  on  IPR  issues  and 
successful engagement of Turkey in it is a key element for the accession negotiations on this 
chapter.  

The IT system of the customs authorities has been fully centralised. One complaint about IPR 
infringements will be sufficient to seize counterfeit goods at all customs posts. However, the 
customs controls against counterfeit and pirated goods are not yet up to the expected level and 
no accurate data are available about checks and seizures. 

As  part  of  IPR  criminal  enforcement,  the  Turkish  police  force  continued  its  successful 
operations to fight piracy and counterfeiting during the reporting period. However, piracy and 
counterfeiting remain widespread, since there is no technical tracking of criminals and tools 
against organised crime are not employed. 

Preliminary  court  injunctions  are  difficult  to  obtain  in  response  to  IPR  infringements, 
especially  for  patent  cases.  Judicial  procedures  are  very  lengthy:  a  final  decision  takes,  on 
average, three to four years, while preliminary injunctions are sometimes decided within three 
or four months. Access to judicial decisions on IPR is very limited and random. In negative 
clearance  cases  for  pharmaceuticals,  the  owner  of  the  patent  (defendant)  is  not  able  to 
examine  the  plaintiff’s  documents  or  technical  information  on  the  product  in  the  market 
authorisation files. 

Reports  by  expert  witnesses  are  unnecessarily  required  by  some  courts  in  cases  where  the 
judge’s  legal  and  professional  expertise  should  suffice  to  solve  the  conflict.  This  common 
practice makes IPR enforcement very lengthy and costly. Furthermore, the independence and 

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impartiality of the expert witnesses are not ensured. In some patent cases, the expert witnesses 
are not sufficiently knowledgeable of the patentability criteria. 

Adoption  of  a  law  on  IPR  enforcement  procedures,  in  line  with  the  EU  Enforcement 
Directive,  is  needed,  as  IPR  cases  have  different  merits  than  other  court  cases.  IPR 
stakeholders and public bodies need to improve their coordination and awareness on the risks 
of IPR infringements. 

Conclusion 

Overall,  alignment  of  the  legislation  with  the  acquis  is  relatively  high,  although 
implementation and enforcement are still problematic. Turkey’s decision to agree to establish 
an  IPR  working  group  with  the  Commission  is  a  positive  development  addressing  a  key 
element of the accession negotiations on this chapter. Adoption of crucial updated draft laws 
regulating industrial property rights, including deterrent criminal sanctions, is pending. Closer 
coordination  and  cooperation  between  the  IPR-related  public  bodies  and  specialised  IPR 
enforcement  units  is  of  the  utmost  importance.  IPR  holders  should  be  better  represented  in 
public  IPR  platforms.  Greater  public  awareness  of  the  risks  which  counterfeit  and  pirated 
goods  pose  to  consumer  safety,  public  order  and  health  should  also  be  a  priority. 
Inconsistencies in practices between the different IPR courts and discrepancies between TPI 
and court decisions persist and reliable statistics are still not available. 

4.8. 

Chapter 8: Competition policy 

Turkey made some progress in the field of antitrust. The Competition Authority adopted two 
sets of implementing legislation. These rules introduce defendants’ right to oral hearings, the 
rights  of  access  to  case  files  and  rules  on  protection  of  business  secrets.  The  Competition 
Authority  and  the  Public  Procurement  Authority  signed  a  protocol  facilitating  exchanges  of 
information  and  cooperation  for  handling  competition  infringements  in  public  tenders. 
However, Turkey needs to transpose the acquis on horizontal cooperation agreements and the 
de minimis rules. Moreover, the Turkish Competition Act does not apply to banking mergers 
and acquisitions of market shares below 20%. 

The Competition Authority’s overall administrative capacity is high. It has a satisfactory level 
of administrative and operational independence and is committed to providing a high level of 
training for its staff. The authority has a solid track record on implementing the competition 
rules. 

There  has  been  no  progress  towards  alignment  of  the  rules  concerning  public  undertakings 
and undertakings holding exclusive and special rights. 

Good  progress  can  be  reported  in  the  area  of  State  aid.  The  law  on  monitoring  and 
supervision of State aids has been adopted. It also establishes a competent authority for this 
task, which is supported by an institutional structure within the Undersecretariat of Treasury, 
has been adopted. These bodies now need to become operational as soon as possible. The law 
provides  provisions  on  notification  and  monitoring  of  aid  schemes  in  line  with  Turkey's 
Customs Union obligations. The services sector is excluded from its scope.  

In  2009,  Turkey  adopted  a  stimulus  package  targeting  the  least  developed  regions  of  the 
country. Some parts of this package have yet to be adjusted to Customs Union rules. 

Little  progress  was  made  on  State  aid  to  the  steel  sector.  State  practices  in  support  of  this 
sector  between  2001  and  2006  need  to  be  finally  assessed.  No  progress  has  been  made  in 

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establishing institutions or a legal framework to regulate state aid in the transport or energy 
sector. 

Conclusion 

In  the  field  of  antitrust  and  merger  control,  Turkey  has  a  high  level  of  alignment.  It  is 
enforcing the competition rules effectively. The Competition Authority continues to enjoy a 
satisfactory  level  of  administrative  and  operational  independence.  Good  progress  has  been 
made  in  the  area  of  State  aid.  A  State  aid  law  establishing  a  monitoring  authority  has  been 
adopted  It  is  now  expected  that  Turkey  adjusts  its  State  aids  to  the  requirements  of  the 
Customs Union and of the ECSC Free Trade Agreement.  

4.9. 

Chapter 9: Financial services 

There  has  been  some  progress  in  the  areas  of  banks  and  financial  conglomerates.  The 
authorities  introduced  new  measures  with  a  view  to  mitigating  the  negative  impact  of  the 
global crisis on the banking sector and their balance sheets. The Central Bank of Turkey and 
the Banking Regulatory and Supervisory Authority (BRSA) have brought some flexibility to 
the  reserve  and  liquidity  requirements.  The  BRSA  signed  MoUs  with  the  Banking  Control 
Commission  of  Lebanon  and  the  National  Bank  of  Ukraine,  increasing  the  total  number  of 
such agreements to 21. The BRSA further improved its supervisory and enforcement capacity, 
by  updating  its  risk-based  audit  guidelines  and  initiating  surveys  for  the  regulatory  impact 
assessment of draft implementing legislation. . The BRSA was accepted as a member of the 
Basel Committee on Banking Supervision and Financial Stability Board in 2009. No progress 
can be reported regarding the implementation of the Basel II Accord for credit institutions and 
investment  firms.  The  legislation  in  the  area  of  banks  and  financial  conglomerates  remains 
largely satisfactory. 

Some  progress  can  be  reported  in  the  areas  of  insurance  and  occupational  pensions.  The 
Treasury still retains the right to revise motor third party liability insurance tariffs if it deems 
necessary. The Treasury required all insurance companies to report their outsourcing activities 
on  a  quarterly  basis  with  a  view  to  monitoring  the  risks  they  are  exposed  to.  The  Treasury 
issued  a  detailed  communiqué  on  catastrophic  risks  and  on  the  requirement  for  insurance 
companies to take into account the previous claims history of their customers. The main gaps 
in the insurance legislation are the calculation of solvency margins, the minimum amounts of 
cover  in  motor  third  party  liability  insurance,  which  are  very  low,  and  the  coverage  of  the 
guarantee fund. Overall alignment with the acquis in the insurance sector remained partial. 

Alignment  of  insurance  legislation  with  the  Solvency  II  framework  —  the  Solvency  II 
Directive 2009/138/EC and its implementing measures — is currently being prepared.  

No progress has been made in the establishment of an independent regulatory and supervisory 
authority in the insurance and occupational pensions sector.  

Turkey’s legislative framework on financial market infrastructure is already largely in line 
with the acquis. 

Some progress can be reported in securities markets and investment services. The Capital 
Markets Board (CMB) published a communiqué on real investment trusts to facilitate initial 
public offerings. The CMB has become a member of the International Forum of Independent 
Audit Regulators. The  Turkish  Capital Market Consultation Council has been established, a 
high-level coordination body to improve cooperation in securities markets. As a provisional 

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measure,  the  CMB  has  obtained  general  ministerial  approval  for  the  listing  of  foreign 
securities  at  the  Istanbul  Stock  Exchange.  The  CMB  amended  the  communiqué  on 
intermediary  activities  and  intermediary  institutions,  facilitating  entry  and  exit  in  the 
brokerage  market.  There  has  been  no  progress  as  regards  investor  compensation  schemes, 
market  abuse  and  undertakings  for  collective  investment  in  transferable  securities  (UCITS). 
However,  some  progress  can  be  noted  with  regard  to  the  Markets  in  Financial  Instruments 
Directive  (MiFID)  and  prospectus  requirements.  There  has  been  further  progress  in 
strengthening  prudential  and  supervisory  standards  in  both  banking  and  the  non-bank 
financial sectors as referred above. 

‘Financial services’ is one of the eight chapters covered by the conclusions on Turkey adopted 
by the Council (General Affairs and External Relations) on 11 December 2006 and endorsed 
by the European Council on 14/15 December 2006. As long as restrictions remain in place on 
the free movement of goods carried by vessels and aircraft registered in Cyprus or whose last 
port  of  call  was  in  Cyprus,  Turkey  will  not  be  in  a  position  to  implement  fully  the  acquis 
relating to this chapter. 

Conclusion 

There  has  been  some  progress  in  the  area  of  financial  services,  as  supervisory  authorities 
introduced  further  prudential  measures.  Turkey’s  overall  alignment  with  the  acquis  remains 
partial. 

4.10.  Chapter 10: Information society and media 

Concerning  electronic  communications  and  information  technologies,  progress  can  be 
reported.  The  regulator  (ICTA)  has  continued  to  align  regulations  with  the  EU  framework 
following the enforcement of the new Electronic Communications Law of November 2008, in 
particular  as  regards  authorisation,  spectrum  management,  access  and  interconnection, 
numbering, number portability, rights of way, and tariffs.  

ICTA introduced a strategic plan for 2010-2012 which provides a three-year perspective for 
the sector. Publication of ICTA Board decisions on the internet is a positive development with 
regard to transparency and accountability of the regulator’s activities.  

However, the primary law and the implementing regulations are not yet fully aligned with the 
acquis. The authorisation procedures confer a margin of discretion on the regulator that could 
lead to legal unpredictability. The market review process is insufficiently established, giving 
discretionary  powers  to  the  regulator  to  decide  when  and  how  to  impose  obligations  on 
operators,  notably  in  the  access  conditions.  Furthermore,  the  Framework  Law  does  not 
provide the necessary conditions and the setting to ensure transparency and independence of 
the regulatory authority. This is one of the key elements for the accession negotiations in this 
chapter. The implementation of universal service obligations continues to be largely divergent 
from the EU Directive.  

Total revenue of alternative operators is 14% of total revenue of the telecom sector. Fixed line 
telephony  services  have  been  opened  for  competition.  However,  the  share  of  alternative 
operators  has  remained  limited.  No  progress  was  achieved  regarding  number  portability  on 
fixed lines. The authorisation of mobile virtual network operator services, and issuance of the 
implementing regulation on authorisation of broadband wireless access services operators, are 
pending. Communications charges imposed on operators remain high. 

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As regards information society services, limited progress can be reported towards legislative 
alignment.  Turkey  is  not  a  party  to  the  European  Convention  on  the  legal  protection  of 
services based on, or consisting of, conditional access. The Law on electronic signature still 
shows  several  discrepancies  with  the  EU  Directive.  The  Law  on  internet  content  and  the 
conditions  under  which  internet  providers  can  operate  appear  not  to  be  in  line  with 
international  standards  protecting  freedom  of  expression  and  may  affect  citizens’  rights 
relating to internet access. (See the section on freedom of expression) 

As regards audiovisual policy, the Radio and Television Supreme Council (RTÜK) adopted a 
regulation  in  November  2009  that  lifted  the  time  restrictions  for  private  broadcasters  and 
allowed 24-hour broadcasting in languages other than Turkish. The Regulation also removed 
the  subtitle/consecutive  translation  requirement,  thus  opening  the  way  for  live  broadcasts. 
Limitations as regards children’s and language teaching programmes have also been lifted. As 
a consequence, the number of radio stations and TV channels broadcasting in languages other 
than  Turkish  has  increased  to  15  (5  TV  channels  and  10  radio  stations),  all  of  them 
broadcasting regionally.  

The  consultation  forum  with  broadcasters  continued,  although  on  an  irregular  basis.  RTÜK 
has reinforced its monitoring capacity by recruiting new staff who speak Kırmanji and Zaza. 
For the moment however, the monitoring of all local TV and radio broadcasts are carried out 
with the contributions of the monitoring units of the local police in line with a protocol that 
was first signed in 1998 and amended in 2006.  

TRT became a shareholder in Euronews, whose Turkish service has been on air since January 
2010, 24 hours a day, 7 days a week. Euronews in Turkish is distributed all over Turkey by 
TRT  and  is  available  on  all  distribution  networks.  In  addition,  TRT  2  is  using  Euronews 
programmes and the Turkish internet service also features Euronews programmes on demand. 

In  terms  of  alignment  with  the  acquis,  however,  there  has  been  no  development.  Media 
legislation  is  not  yet  aligned  with  the  Audiovisual  Media  Services  Directive.  The  draft  law 
aiming to implement the directive was submitted to parliament in May 2010. RTÜK has not 
yet reallocated frequencies and the broadcasters have continued to use terrestrial frequencies 
on a de facto basis. The licensing deadlock continues to damage the broadcasting industry and 
also causes technical difficulties, such as significant interference, including cross-border, on 
both  telecommunication  systems  and  television  and  radio  broadcasts.  Switchover  to  digital 
would solve this problem, since Turkey adopted a roadmap on digital switchover in 2009, in 
line with the objective set by the European Commission for EU Member States.  

The  interpretation  of  certain  articles  of  the  broadcasting  law  and  the  sanctions  imposed  on 
broadcasters raised concerns. In June, RTÜK imposed a broadcasting ban on a channel for the 
words of a writer who spoke about the Armenian issue and which according to the regulator 
exceeded the limits of criticism. 

Conclusion 

Turkey  has  made  progress  in  aligning  the  national  legislation  with  the  EU  framework  on 
electronic communications and information technologies. However, the primary law and the 
implementing  regulations  are  not  yet  fully  aligned  with  the  acquis.  Several  obstacles  to 
market development, not least in the internet broadband market, remain in place. In order to 
enhance competition in the sector, the regulatory authority’s independence and effectiveness 
should be reinforced. Regarding information society services and audiovisual policy, there has 
been  little  progress  and  the  legislative  alignment  remains  at  an  early  stage.  In  the  area  of 

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information  society  and  media,  Turkey  should  continue  efforts  for  further  alignment  and 
enforcement of regulations.  

4.11.  Chapter 11: Agriculture 

Limited progress can be reported towards legislative alignment with the common agricultural 
policy (CAP). Turkey has not yet adopted a law to restructure the Ministry of Agriculture and 
Rural  Affairs  (MARA),  an  important  step  in  developing  the  administrative  structures 
necessary to implement the CAP. 

Progress  on  horizontal  issues  has  been  limited  to  preparations  for  the  integrated 
administration and control system (IACS), a key element for the accession negotiations in this 
chapter.  The  strategy  for  a  land  parcel  identification  system  (LPIS)  and  farmer  registration 
system has been adopted by the Turkish authorities. No progress can be reported regarding the 
farm  accountancy  data  network  (FADN).  Regarding  agricultural  statistics,  another  key 
element for the accession negotiations in this chapter, a protocol has been signed to enhance 
cooperation between MARA and the Turkish Statistics Institute. However, the absence of an 
adopted strategy remains a shortcoming.  

There has been limited progress on alignment of the Turkish agricultural policy with the CAP, 
a  further  key  element  for  the  accession  negotiations  in  this  chapter.  Coupled  direct  support 
continues  to  be  the  main  type  of  support  to  Turkey's  agricultural  sector.  Turkey  has  been 
developing a strategy aimed at adjusting its support policy to future integration in the CAP but 
no significant progress has been achieved in the reporting period. As concerns the agricultural 
budget in 2010, a significant rise took place in area-based payments for hazelnut production, 
replacing previous public intervention measures for this crop. The adoption of implementing 
regulations  introducing  payments  per  head  for  cattle  and  sheep  and  goats  represents  some 
degree of convergence with current CAP measures.  

Following the substantial increase in consumer meat prices over the past year, the government 
declared  a  partial  lifting  of  the  import  ban  for  live  cattle  and  beef  meat,  which  represents 
progress  in  solving  this  long-standing  problem.  However,  Turkey  continues  to  remain  in 
breach  of  its  bilateral  obligations  under  the  trade  agreement  for  agricultural  products,  in 
particular by not allowing the import of live animals from a great majority of Member States. 
The complete removal of the ban for live cattle and beef meat remains a key element for the 
accession negotiations on this chapter. 

There has been no progress in the area of common market organisation.  

As  regards  rural  development,  the  sectoral  agreement  laying  down  detailed  rules  for  the 
implementation of IPARD (Instrument for Pre-accession Assistance for Rural Development) 
has  been  signed  and  ratified.  Progress  has  been  observed  in  the  recruitment  and  training  of 
personnel  and  towards  accreditation  of  the  IPARD  agency,  a  key  element  for  the  accession 
negotiations  in  this  chapter.  The  national  accreditation  of  the  IPARD-related  structures, 
originally planned for the beginning of 2009, was completed in July 2010. Further checks of 
the compliance of these structures with IPARD accreditation criteria need to be done by the 
European Commission before the conferral of management can be granted to Turkey and the 
implementation  of  the  IPARD  programme  can  start.  Major  efforts  are  still  needed  by  the 
Managing Authority and the IPARD Agency to ensure good absorption capacity and prevent 
the loss of IPARD funds. Progress has also been noted through the adoption of a national rural 
development plan to supplement the EU’s IPARD support to Turkey. 

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Only limited progress can be reported on quality policy and organic farming. As regards the 
former, a new law on geographical indications has been adopted. On organic farming, Turkey 
has taken further measures to improve the certification and control system. 

‘Agriculture and rural development’ is one of the eight chapters covered by the conclusions 
on Turkey adopted by the Council (General Affairs and External Relations) on 11 December 
2006 and endorsed by the European Council on 14/15 December 2006. As long as restrictions 
remain in place on the free movement of goods carried by vessels and aircraft registered in 
Cyprus or whose last port of call was in Cyprus, Turkey will not be in a position to implement 
fully the acquis relating to this chapter. 

Conclusion 

There  has  been  limited  progress  towards  alignment  with  the  acquis.  Agricultural  support 
policies  showed  only  minor  transition  towards  the  CAP,  following  the  significant  divergent 
trend  reported  in  recent  years.  Initial  steps  have  been  taken  for  the  development  of  an 
integrated administration and control system. However, the failure to fully remove unjustified 
technical barriers to trade in bovine products and the continued delays in the accreditation of 
the  structures  to  use  the  Instrument  for  Pre-accession  Assistance  for  Rural  Development 
represent  significant  shortcomings.  Similarly,  further  progress  is  required  on  agricultural 
statistics, the farm accountancy data network, quality policy and organic farming.  

4.12.  Chapter 12: Food safety, veterinary and phytosanitary policy 

Substantial  progress  has  been  made  towards  transposition  and  implementation  of  the  food 
safety  acquis.  The  Framework  Law  on  veterinary  services,  plant  health,  food  and  feed  has 
been adopted. Turkey also prepared a detailed strategy for the transposition, implementation 
and enforcement of the acquis.  

In  the  area  of  veterinary  policy,  some  progress  was  observed  towards  transposition  and 
implementation of the acquis. Legislative alignment in the area of import control systems is 
still incomplete. Construction of three land and two seaport border inspection posts (BIPs) has 
been  completed,  but  they  are  not  yet  fully  functioning.  Problems  in  directing  consignments 
from  Ataturk  Airport  to  Sabiha  Gokcen  Airport  remain  unresolved  and  the  BIP  at  Sabiha 
Gokcen Airport in Istanbul is still not fully functional. 

Turkey pursued efforts to bring the system for identification and registration of bovines and 
their movements fully into line with the acquis. The system has been strengthened to allow an 
effective cross-checking system with off and on movement notifications. The administrative 
capacity  of  the  Ministry  of  Agriculture  and  Rural  Affairs  (MARA)  has  been  improved 
through  information  and  training  activities  for  staff  and  stakeholders.  Implementation  of 
identification  and  registration  of  ovine  and  caprine  animals  has  started  across  the  whole 
country. Implementation of systems for identification and registration of animals constitutes a 
key  element  for  the  accession  negotiations  in  this  chapter.  Turkey  has  made  no  progress  as 
regards control of commercial movements of pet animals. 

Turkey’s  efforts  in  the  area  of  combating  animal  diseases  have  continued,  with  foot  and 
mouth disease (FMD) still being the main focus. However, the FMD contingency plan has not 
yet  been  adopted  and  the  regulation  on  the  control  of  FMD  has  not  entered  into  force. 
Turkey’s  intensive  FMD  vaccination  programme  accompanied  by  strict  animal  movement 
measures between  Thrace and Anatolia has been implemented. Nevertheless,  the  number of 

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FMD  outbreaks  has  increased  substantially  in  Anatolia.  Thrace  has  been  recognised  by  the 
World Organisation for Animal Health (OIE) as FMD-free with vaccination. The regulation 
concerning the control of rabies has not yet entered into force. No avian influenza outbreaks 
occurred  in  the  reporting  period  and  MARA  continued  implementing  awareness  campaigns 
and  simulation  exercises.  Turkey  made  no  progress  as  regards  transmissible  spongiform 
encephalopathy (TSE). Timely notification of animal diseases by Turkey has continued under 
its  international  obligations.  Control  and  eradication  of  animal  diseases,  in  particular  FMD 
and  TSE,  as  well  as  notification  of  animal  diseases  are  key  elements  for  the  accession 
negotiations in this chapter. 

Procedures have been improved regarding the implementation and follow-up of the national 
residue  monitoring  plan  and  the  control  of  veterinary  medicinal  products.  However,  no 
progress  can  be  reported  concerning  deficiencies  of  laboratories  and  the  inclusion  of  all 
substances. 

The  current  system  for  financing  veterinary  inspections  and  controls  is  not  in  line  with  the 
acquis.  No  progress  has  been  observed  as  regards  import  requirements  for  live  animals  and 
animal  products  to  bring  the  system  into  line  with  EU  rules.  The  de  facto  beef  ban  was 
partially lifted (See also Chapter 11). Turkey has made no progress on zootechnical issues or 
on animal welfare, the latter being a key element for the accession negotiations in this chapter. 

As  regards  placing  on  the  market  of  food  and  feed  and  animal  by-products,  limited 
progress can be reported. The hygiene package, a key element for the accession negotiations 
in this chapter, has not yet been transposed. Hygiene guidelines have been prepared and their 
implementation  has  started  in  some  sectors.  Risk-based  inspections  and  controls  are  being 
implemented.  A  food  safety  information  network  system  has  become  partially  operational. 
The national rapid alert system for food and feed (RASFF) has been improved. The number of 
notifications received, particularly on aflatoxins and certain pesticide residues remained high. 
The Law on the restructuring of MARA has not been adopted. Intensive training programmes 
have  led  to  improvements  in  administrative  capacity.  Annual  inspection  and  monitoring 
programmes have been implemented. The classification of agri-food and animal by-products 
establishments has been completed in line with the acquis. However, no significant action has 
been  taken  to  bring  these  establishments  into  line  with  EU  requirements,  which  is  a  key 
element for the accession negotiations in this chapter.  

Concerning  food  safety  rules,  legislative  alignment  and  implementation  have  further 
advanced  on  labelling,  presentation  and  advertising,  food  additives  and  purity  criteria, 
extraction  solvents,  quick  frozen  foodstuffs,  food  for  particular  nutritional  uses,  irradiated 
food and mineral waters. As regards contaminants, a communiqué concerning the methods of 
sampling  and  analysis  for  the  official  control  of  levels  of  dioxins  and  dioxin-like  PCBs  in 
certain foodstuffs has entered into force. 

Turkey  has  not  completed  transposition  in  the  area  of  flavourings,  food  supplements  and 
novel food. The Law on biosafety and two implementing regulations have entered into force. 
However, further alignment in this area is still required. Limited progress has been observed 
in the area of food contact materials. A regulation relating to materials and articles made of 
regenerated  cellulose  film  intended  to  come  into  contact  with  foodstuffs  has  entered  into 
force. 

No progress can be reported with regard to specific rules for feed. 

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Some progress on phytosanitary policy has been achieved, with the main focus on the area 
of  plant  protection  products  (PPPs).  The  control  system  in  this  area  has  been  further 
strengthened by providing training sessions on prescription, certification and the use of PPPs. 
Alignment has  further improved on banned active substances. The use of certain pesticides, 
i.e.  amitraz  on  pears,  oxamyl  on  peppers,  tomatoes  and  cucumbers,  has  been  banned.  A 
regulation concerning the marking of wood packaging materials as a plant health measure has 
entered into force. Implementation of a pilot-scale plant passport system has not yet started.  

Progress  in  the  area  of  seed  and  propagating  materials  remained  very  limited.  The  variety 
registration and seed certification software system has still not become fully operational. No 
developments  can  be  reported  on  the  implementation  of  international  phytosanitary 
agreements. 

Conclusion 

Progress has been achieved on all key elements for the accession negotiations in this chapter. 
The adoption of the Framework Law on veterinary services, plant health, food and feed has 
contributed significantly to Turkey’s alignment process in the area of food safety, veterinary 
and phytosanitary policy. However, the restructuring of the Ministry of Agriculture and Rural 
Affairs  has  not  taken  place  yet.  The  adoption  of  a  complete  alignment  strategy  should 
facilitate  transposition  and  implementation  of  the  relevant  acquis  in  this  area.  However, 
further efforts are still necessary for the alignment process.  

4.13.  Chapter 13: Fisheries 

There  has  been  no  substantial  progress  in  alignment  with  the  fisheries  acquis.  The  revised 
Law  on  Fisheries  and  the  Law  on  restructuring  of  the  Ministry  of  Agriculture  and  Rural 
Affairs (MARA) has not yet been adopted. 

Some progress has been made in the area of resource and fleet management. The fisheries 
information  system  (FIS)  has  been  improved  to  include  recording  of  fishing  vessels  and 
commercial fishermen, special fishing permits, monitoring of blue-fin tuna (BFT), baby clam 
quotas  and  anchovy  fishing.  Further  improvement  is  needed  on  collection  of  catch  and 
landing data. 

Turkey completed building and equipping two new fisheries port offices, thereby increasing 
the total number to 36. Some progress can be reported as regards the administrative capacity 
of  MARA.  However,  technical  capacity  needs  to  be  built  for  stock  assessment  and  data 
collection. 

There  has  been  some  progress  in  the  field  of  inspection  and  control.  MARA  circulated 
implementing  instructions  to  meet  the  requirements  of  the  Council  Regulation  on  illegal, 
unreported  and  unregulated  (IUU)  fishing.  Catch  certificates  and  re-export  certificates  are 
issued for products to be exported to the EU. These products are also monitored and the data 
on  their  catch  and  sale  are  cross-checked  in  the  FIS.  All  vessels  over  15 m  in  length  have 
started  using  automatic  identification  system  (AIS)  devices.  All  BFT  vessels  have  been 
monitored by the satellite based vessel monitoring system. 

Further  improvement  is  necessary  with  regard  to  fisheries  control  and  measures  to  ensure 
sustainability of the fish stocks. 

No progress has been made on structural action, market policy and state aid. 

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Turkey  has  not  concluded  any  new  international  agreements  but  there  has  been  some 
progress as regards the implementation of International Commission for the Conservation of 
Atlantic Tunas (ICCAT) decisions. The number of authorised BFT vessels has been reduced 
from  57  to  18  and  an  individual  quota  system  has  been  applied  to  distribute  the  total  quota 
allocated to Turkey by the ICCAT. The ICCAT regional observer scheme has been introduced 
and ICCAT observers have been deployed to all BFT farms and authorised vessels. Fishing 
periods  are  aligned  with  ICCAT  requirements  for  BFT  and  swordfish.  Further  efforts  are 
required to comply with the requirements of the multi-annual recovery plan for Eastern BFT. 

‘Fisheries’ is one of the eight chapters covered by the conclusions on Turkey adopted by the 
Council (General Affairs and External Relations) on 11 December 2006 and endorsed by the 
European  Council  on  14/15  December  2006.  As  long  as  restrictions  remain  in  place  on  the 
free movement of goods carried by vessels and aircraft registered in Cyprus or whose last port 
of call was in Cyprus, Turkey will not be in a position to implement fully the acquis relating 
to this chapter. 

Conclusion 

Overall,  some  progress  has  been  made  on  resource  and  fleet  management,  inspection  and 
control and implementation of international agreements. Further progress needs to be made on 
legislative alignment, administrative structures and market policy, structural action and state 
aid. 

4.14.  Chapter 14: Transport policy 

Some progress has been made in the area of road transport. Turkey became a party to the 
European Agreement on the international carriage of dangerous goods by road (ADR) on 22 
February 2010. However, the institutional and technical capacity of the directorate general for 
land transport (DGLT) for implementing the ADR remains limited. 26 additional inspection 
stations for the weight and dimensions of commercial vehicles were built in 2010. In January 
2010,  Turkey  appointed  the  Ministry  of  Transport  (MoT)  as  the  national  authority  charged 
with establishing a digital tachograph system (DTS). The MoT has delegated its tasks to the 
Union  of  Chambers  of  Commerce  (TOBB)  via  a  protocol.  The  implementing  legistlation 
concerning  the  use  of  tachograph  devices  on  vehicles  providing  international  transport 
services entered into force on 21 May 2010 and first user card was issued in September 2010. 
The regulation is in line with Council Regulation 3821/85/EEC and the European Agreement 
concerning the work of crews of vehicles engaged in international road transport (AETR).  

On  road  transport,  legislative  alignment  regarding  driving  and  rest  hours  of  drivers  by  the 
Ministry of Labour and Social Security is slow. Further work is required, especially in order 
to  align  with  the  new  legislative  packages  adopted  by  the  European  Union  after  2007. 
Technical and human resources capacity is not on a par with the level of legislative alignment.  

Rail  transport  is  the  only  transport  sub-sector  where  no  progress  has  so  far  taken  place. 
Preparedness in this sector remains at a very early stage. 

There is no inland waterway transport in Turkey. 

Good  progress  can  be  reported  in  the  area  of  air  transport.  An  EU-Turkey  horizontal 
aviation agreement, which will constitute a new legal basis for relations in the aviation field, is 
at  a  final  stage.  Turkey  has  declared  its  willingness  to  be  integrated  in  the  aviation 

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architecture that will emerge from the single european sky initiative. Preparations to draw up 
a pre-accession strategy for the aviation sector are at an early stage. The directorate-general 
for civil aviation (DGCA) has improved the technical capacity of its human resources through 
an  active  training  policy  which  calls  for  systematisation  of  curricula  and  better  training 
facilities. 

The DGCA extended the scope of the regulation on carriage of liquids on airplanes to include 
all  international  airports.  It  finalised  a  circular  on  passenger  rights  which  is  undergoing 
stakeholder  consultation  with  the  aviation  industry.  The  DGCA  also  issued  a  regulation  on 
safety assessment of national and foreign aircraft (SAFA – SANA). Despite widespread use in 
practice, DGCA still has not issued a regulation on computerised reservation systems.  

Air  traffic  management  is  still  suffering  from  a  lack  of  regional  cooperation.  The  lack  of 
communications between air traffic control centres in Turkey and the Republic of Cyprus is 
seriously  compromising  air  safety  in  the  Nicosia  flight  information  region.  A  technical 
solution  has  been  submitted  by  the  Commission  and  Eurocontrol  to  the  parties  and  the 
International Civil Aviation Organisation (ICAO) for further consideration. No agreement has 
so far been reached between the parties. 

In  the  field  of  maritime  transport,  some  progress  can  be  reported,  particularly  on  the 
strengthening  of  institutional  capacity.  The  undersecretariat for  maritime  affairs  (UMA)  has 
prepared  a  pre-accession  sector  strategy  and  identified  priority  policy  areas  for  short-term 
actions. The directorate general for coastal safety and salvage operations established a long-
range  identification  and  tracking  system  (LRIT)  and  the  Turkish  national  LRIT  data  centre 
integrated  with  the  International  Maritime  Organisation  (IMO)  and  the  International  Mobile 
Satellite  Organisation  (IMSO).  Also  a  national  assistance,  search  and  rescue  automation 
system  called  Yakamos  was  put  into  operation  in  October  2009.  These  investments 
substantially  enhanced  UMA’s  technical  capacity  for  monitoring,  pollution  estimation  and 
integrated planning in coastal zones. Vessel traffic monitoring information systems (VTMIS) 
for the ports of Izmit, Izmir, Mersin and Iskenderun are being installed. UMA also initiated a 
comprehensive  annual  training  programme  on  oil  pollution  preparedness  and  emergency 
response. However, actual physical capacity for pollution prevention and emergency response 
is  limited.  The  regulation  on  seafarers  was  amended  on  28  May  2010:  graduates  of  the 
military  navy  schools  are  required  to  complete  training  and  take  the  seafarer  exam  in 
accordance  with  the  Convention  on  standards  of  training,  certification  and  watch  keeping 
(STCW).  

The regulation on reception of waste from ships and waste control was amended and specific 
references  to  Marpol  Annexes  were  made  in  relation  to  the  definition  of  waste.  Turkey 
became a party to protocol on limitation on liability for maritime claims (LLMC 1996). UMA 
issued an administrative instruction to comply with the anti-fouling systems convention while 
the ratification process is ongoing. There was no progress in becoming a party to SOLAS-78, 
SOLAS-88,  the  Convention  on  facilitation  of  international  maritime  traffic  (FAL),  the 
International Convention on the control of harmful anti-fouling systems on ships (AFS) and 
Marpol Annexes III and IV.  

The detention rate of Turkish vessels was 4.2% in 2009 (5.6% during the first half of 2010) 
compared  to  2.2%  for  the  EU  average  in  2009.  Turkey  is  on  the  white  list  of  the  Paris 
Memorandum of Understanding. Alignment in the maritime safety area is at a good level but 
the  third  EU  Maritime  Package  adopted  on  11  March  2009  amends  some  of  the  legislation 
with which Turkey has already aligned. 

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No particular development in the area of combined transport and satellite navigation can 
be reported.  

‘Transport policy’ is one of the eight chapters covered by the conclusions on Turkey adopted 
by the Council (General Affairs and External Relations) on 11 December 2006 and endorsed 
by the European Council on 14/15 December 2006. As long as restrictions remain in place on 
the free movement of goods carried by vessels and aircraft registered in Cyprus or where the 
last port of call was in Cyprus, Turkey will not be in a position to implement fully the acquis 
relating to this chapter. 

Conclusion 

Except  for  the  railways  sector,  some  progress  has  been  achieved  towards  alignment  of  the 
transport  sector.  Legislative  alignment  has  reached  an  advanced  level  in  the  aviation, 
maritime  and  road  sectors.  However,  some  recent  legislative  packages  adopted  by  the  EU 
amending  the  acquis  require  additional  alignment  efforts.  No  progress  has  been  made 
regarding  rail  market  opening  and  safety.  The  lack  of  communications  between  air  traffic 
control centres in Turkey and the Republic of Cyprus continues to seriously compromise air 
safety. In the maritime sector, no progress has been made on becoming a party to international 
conventions.  The  implementation  capacity  is  limited,  particularly  for  road  transport  and  for 
prevention of pollution and emergency response in the maritime area. Human resources and 
technical capacity to implement the acquis remain limited. 

4.15.  Chapter 15: Energy 

Progress can be reported in the field of security of supply. Turkey completed the ratification 
procedure of the intergovernmental agreement on the Nabucco gas pipeline in August 2010. 
As the next step project support agreements can now be concluded between governments. In 
June 2010 Turkey and Azerbaijan reached agreement on gas pricing and gas transit through 
Turkey.  The  agreement  for  the  construction  of  the  Samsun-Ceyhan  oil  pipeline  was  signed 
between the  Turkish, Italian and  Russian  companies. There have been few developments as 
regards  oil  stocks.  The  planned  oil  stockholding  agency  to  facilitate  oil  stockholding 
arrangements remains to be established. 

Regarding  the  internal  energy  market,  good  progress  can  be  reported  on  electricity.  With 
new  private  sector  investments  undertaken,  Turkey’s  installed  capacity  increased  by  2,800 
MW  and  private  investments  in  the  energy  sector  amounted  to  €3.1  billion  in  2009. 
Implementation  of  the  new  balancing  and  settlement  regulation  started,  thereby  launching 
modern  electricity  market  trading  practices.  Sales  through  the  balancing  and  settlement 
system  correspond  to  around  75%  of  total  electricity  sales  volume.  The  electricity  market 
licensing  regulation  was  amended.  The  amendment  makes  completion  of  the  environmental 
impact assessment procedure a precondition for granting generating licences in the electricity 
sector. The threshold for eligible consumers was further reduced to 100,000 kWh, equivalent 
to opening 63% of the market. Privatisation of distribution assets through block sales of 100% 
of  shares  continued.  Three  private  companies  began  operating  in  the  electricity  distribution 
sector. The privatisation process for five more distribution regions was completed but assets 
have not been transferred to the new owners yet. According to the revised strategy paper, the 
government plans to complete privatisation of distribution assets in 2010. 

Regarding  the  natural  gas  market,  little  progress  can  be  reported.  The  threshold  for  eligible 
consumers was reduced to 800,000 m3/year from 1 million m3/year. By April 2010, 66 cities 

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in Turkey were connected to the natural gas grid. Two companies started spot LNG imports in 
2009.  No  developments  can  be  reported  regarding  the  gas  release  programme  or  the 
unbundling of BOTAS to meet the requirements of the Natural Gas Market Law. 

Good  progress  can  be  reported  in  the  field  of  renewable  energy.  The  electricity  licensing 
regulation  was  amended  to  tackle  the  large  number  of  wind  licence  applications  that  were 
submitted  to  the  energy  market  regulatory  authority  in  2007.  Private  sector  interest  in 
renewable  energy  investments  grew  strongly.  By  the  end  of  2009,  around  1,000  MW  of 
additional  renewable  installed  capacity  was  developed  by  the  private  sector.  By  the  end  of 
2009,  Turkey  was  producing  19.6%  of  its  electricity  from  renewable  energy  sources. 
Nevertheless,  further  efforts  are  needed  in  particular  towards  creating  a  stronger  regulatory 
environment favourable for the use of renewable energy sources in all sectors required by the 
EU acquis. 

Regarding energy efficiency, further progress can be reported. The implementing regulation 
on  energy  performance  of  buildings  came  into  force.  By  the  end  of  2009,  17  private  sector 
companies  and  one  professional  chamber  were  authorised  to  provide  energy  efficiency 
services. Efforts to increase energy efficiency in the country could benefit from improvements 
in  the  capacity  of  the  general  directorate  of  electrical  power  resources  survey  and 
development administration as well as development of strategies to increase further awareness 
in this field. 

Regarding nuclear energy, nuclear safety and radiation protection limited progress can be 
reported.  In  October  2010,  Turkey  ratified  its  first  agreement  with  Russia  to  establish  and 
operate a nuclear power plant in Akkuyu on the Eastern Mediterranean coast with an installed 
capacity of 4,800 MW. In June 2010 the Turkish state-owned electricity generation company 
EUAS and Korea Electric Power Corporation (KEPCO) signed a protocol to build Turkey’s 
second nuclear power plant in Sinop, on the Black Sea coast. Improvements were made to the 
radioactive  waste  management  unit  at  the  Cekmece  nuclear  research  and  training  centre, 
which  still  need  to  be  assessed  by  the  Commission.  According  to  Turkey’s  revised  strategy 
paper on the electricity market and security of supply, Turkey plans to have 5% of its installed 
capacity from nuclear energy by the year 2023. The Turkish Atomic Energy Agency (TAEK) 
continues to perform both regulatory functions and its operational tasks.  

Compliance  of  the  existing  regulations  with  the  EU  acquis  still  needs  to  be  demonstrated. 
Turkey does not participate in the IPA horizontal programme on nuclear safety and radiation 
protection, making an assessment of the level of transposition of the EU acquis very difficult.  

Turkey does not have a framework nuclear law to address the acquis requirements regarding 
nuclear  safety  and  it  has  not  acceded  to  the  Joint  Convention  on  the  safety  of  spent  fuel 
management and radioactive waste management. As a Contracting Party to the Convention on 
Nuclear  Safety,  Turkey  is  obliged  to  consult  its  neighbouring  countries  and  the  Euratom 
Community on nuclear power plants planned on its territory.  

Conclusion 

There  has  been  good  progress  with  regard  to  electricity,  renewable  energy  and  energy 
efficiency, as well as on security of supply. Developments in the fields of natural gas, nuclear 
energy, nuclear safety and radiation protection require further efforts. 

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4.16.  Chapter 16: Taxation 

There  has  been  limited  progress  in  the  area  of  indirect  taxation.  Turkey’s  value  added  tax 
legislation is not fully in line with the acquis. The structure, exemptions, special schemes and 
application of reduced rates remain to be further aligned. Some progress can be reported with 
regard  to  excise  duties.  In  line  with  the  action  plan  adopted  on  18  May  2009,  Turkey 
abolished the Tobacco Fund levy imposed on processed tobacco as of 1 January 2010. This is 
a positive step towards full elimination of discriminatory practices in the taxation of tobacco. 
The  Tobacco  Fund  sets  a  special  duty  on  imported  raw  tobacco,  which  is  not  applicable  to 
domestic  products.  Minimum  excise  tax  amount  and  ad  valorem  on  tobacco  products  were 
increased. However, discrepancies between the Turkish legislation and the acquis continue to 
exist  in  terms  of  the  structure  of  the  excise  duty  on  tobacco  and  tobacco  products.  Turkish 
legislation  lays  down  ad  valorem  rates  and  and  minimum  excise  duty  whereas  it  lacks  the 
element of specific excise duties. 

With  regard  to  alcoholic  beverages,  uneven  progress  can  be  reported.  Specific  duties  are 
levied on alcoholic beverages, differentiated on the basis of the type of product instead of the 
alcoholic  content.  The  levels  set  are  higher  for  imported  products  than  for  comparable 
domestic  ones.  Turkey  had  reduced  the  differentials  between  these  levels  through  a  cabinet 
decree of April 2009 as part of an action plan adopted on 18 May 2009 setting clear mutually 
accepted  milestones  with  a  view  to  the  gradual  elimination  of  all  discriminatory  taxation. 
Other changes in the taxation of alcoholic beverages went in the right direction, such as the 
abolition  of  ad  valorem  duties  on  wine,  which  aligns  the  Turkish  legislation  with  the  EU 
acquis.  However,  in  January  and  October  the  excise  duty  rate  on  alcoholic  beverages  was 
increased by 10% and 30% respectively across the board. Contradicting the action plan, this 
increased the differentials in absolute figures between the taxation of imported compared to 
domestic  alcoholic  beverages.  Turkey  needs  to  comply  with  the  commitments  in  the  action 
plan, which is a key requirement in the negotiations under this chapter. Turkey will need to 
introduce  a  duty-suspension  regime  for  domestic  movements  and  tax  warehouses  prior  to 
membership. 

There  is  no  progress  to  be  reported  on  direct  taxation.  The  Income  Tax  Law  is  under 
revision.  

Some  progress  can  be  reported  in  the  field  of  administrative  cooperation  and  mutual 
assistance.  The  revenue  administration  monitored  the  activities  to  be  carried  out  by  nine 
institutions in line with the action plan for combating the informal economy. The plan covers 
the  period  2008-2010.  Sharing  the  overall  assessment  of  the  action  plan’s  results  with  the 
public is crucial for ensuring transparency. 

Regarding  operational  capacity  and  computerisation,  some  progress  has  been  achieved. 
The revenue administration kept up its efforts to increase voluntary compliance. The measures 
taken  were  aimed  at  simplifying  procedures,  enhancing  enforcement  as  well  as  improving 
taxpayer services. The taxpayer call centre received three awards34 at the 2009 Istanbul call 
centres  conference.  The  revenue  administration  developed  a  number  of  IT  infrastructure 
projects  such  as  VERIA  (electronic  database)  and  VEDOS  (risk  assessment  system)  as  an 
extension of VEDOP (tax offices automation project). Automation of tax rulings has been a 
significant step in increasing the transparency and consistency of the Turkish tax legislation. 

34 

Special award of the jury, best call centre manager, best customer representative. 

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Conclusion 

There has been some progress towards legislative alignment under this chapter, particularly in 
eliminating  discriminatory  practices  in  the  taxation  of  tobacco,  despite  the  remaining 
discrepancies with the acquis. Efforts to reinforce the tax administration, combat the informal 
economy and increase voluntary compliance were pursued. However, the increases in excise 
duty  on  alcoholic  beverages  contradicted  the  action  plan  for  eliminating  the  differentials 
between imported and domestic products. The realignment of the Turkish tax legislation with 
the commitments taken by Turkey in the context of the opening of Chapter taxation needs to 
be ensured without delay. Abolition of discriminatory practices in taxation is a key element 
for making further progress in the accession negotiations on this chapter. Hardly any progress 
can  be  reported  on  direct  and  indirect  taxation.  Overall  preparedness  in  this  chapter  is 
moderately advanced. 

4.17.  Chapter 17: Economic and monetary union 

There  has  been  some  progress  on  monetary  policy.  The  Central  Bank  announced  an  exit 
strategy  for  its  monetary  policy,  which  aims  to  gradually  reduce  the  excess  liquidity  in  the 
system. As a first step, the Bank increased the foreign currency reserve ratio for the banking 
sector from 9% to 9.5%. Turkey’s legislative alignment with the acquis remains partial in this 
area. The Central Bank’s statute does not fully ensure its independence. The government and 
the  Central  Bank  jointly  decide  on  the  inflation  target.  The  legislative  framework  (for 
example  implementing  regulations  on  the  investor  protection  fund  and  on  the  operation  of 
pension  investment  funds)  contains  provisions  that  are  not  in  line  with  the  prohibition  of 
privileged access of the public sector to financial institutions. Overall the preparations in the 
field of monetary policy are well advanced.  

Some  progress  has  been  made  on  economic  policy.  Turkey  is  a  member  of  G20,  and 
coordination  of  economic  policy  in  this  forum  has  stepped  up  with  all  the  other  members, 
including  with  the  EU.  The  authorities  have  been  very  active  in  reviving  their  economic 
relations  with  several  countries  in  the  region,  in  particular  through  visa  exemption,  trade 
facilitation and cooperation agreements. Privatisation activities in the energy sector gathered 
momentum, first in electricity distribution and then in generation. Turkey ended negotiations 
with the International Monetary Fund (IMF) for a new stand-by arrangement. The authorities 
have been more active in working with international financial institutions (IFIs), particularly 
the  European  Investment  Bank  (EIB),  the  World  Bank  (WB),  the  European  Bank  for 
Reconstruction  and  Development  (EBRD)  and  the  Islamic  Development  Bank  (IDB),  while 
increasing  their  absorption  capacity  for  new  loans.  Turkey’s  2010  budget  aims  to  gradually 
reduce the budget deficit, particularly through increasing public revenues. Technical work for 
the  adoption  of  a  fiscal  rule  through  new  legislation  to  control  the  budget  deficit  in  the 
medium  term  has  been  completed  but  the  adoption  of  the  draft  law  has  been  postponed. 
Turkey  submitted  its  Pre-Accession  Economic  Programme  (PEP)  to  the  Commission  in 
January 2010. Overall, in the field of economic policy the country is well advanced.  

Conclusion 

Some progress has been made on economic and monetary policy. The Central Bank started to 
implement an exit strategy for its anti-crisis monetary policy. The authorities have been very 
active in improving their economic relations within a G20 context, with the countries in the 
region, and have increased their cooperation with various international financial institutions. 
The  legal  framework  is  not  fully  in  line  with  the  acquis,  with  special  reference  to  full 

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independence of the Central Bank and the prohibition of privileged access of the public sector 
to financial institutions. Overall the preparations in the field of economic and monetary union 
are well on track.  

4.18.  Chapter 18: Statistics 

There  has  been  progress  in  the  area  of  statistical  infrastructure.  The  Turkish  national 
statistical  institute  (TurkStat)  signed  new  cooperation  protocols  with  the  Ministry  of 
Agriculture  and  Rural  Affairs  (MARA)  and  the  Ministry  of  Education.  Cooperation  among 
the main owners of administrative data on enterprises has greatly improved. These activities 
further reinforced the coordinating role and improved the administrative capacity of TurkStat. 
Preparations in this area are well advanced. 

Progress  can  be  reported  on  classifications  and  registers.  TurkStat  further  improved  the 
business  register.  TurkStat  and  MARA  started  to  work  on  establishing  a  statistical  farm 
register  and  initiated  a  pilot  study  to  that  end.  Turkey  still  needs  to  submit  a  detailed 
description  of  preparations  for  setting  up  the  farm  register  and  the  methodology  and 
organisational set-up for the collection of agriculture statistics which is a key element for the 
accession negotiations in this chapter. Preparations in this area are advanced. 

Good progress has been made on sector statistics. Preparations for the 2011 population and 
housing census are on track. As for national accounts, progress has been made on excessive 
deficit procedure statistics, outward foreign affiliates trade statistics and financial accounts for 
the  government  sector.  Gross  value  added  for  the  regions  equivalent  to  NUTS  level  2  was 
published for the years 2004 to 2006. TurkStat started publishing key labour force indicators 
at the provincial level, as well as seasonally adjusted figures. The results of the 2008 labour 
cost survey were published. Structural business statistics as well as short-term statistics were 
further improved. Regarding agriculture statistics, TurkStat started collecting monthly animal 
production  data.  Progress  was  made  on  environment  statistics.  Preparations  in  this  area  are 
advanced. 

Turkey has not yet submitted key national account indicators together with the methodology 
used, which is a key element for the accession negotiations in this chapter. 

Conclusion 

There  has  been  good  progress  in  the  area  of  statistics.  TurkStat  further  improved  the 
coordination of the statistical system. Good progress has been made on the business register 
and on sector statistics. Further alignment is needed in particular in national accounts and in 
agriculture  statistics,  not  least  in  the  establishment  of  the  statistical  farm  register.  Turkey’s 
overall level of alignment with the acquis in statistics is advanced. 

4.19.  Chapter 19: Social policy and employment 

There has been no progress regarding transposition of the acquis on labour law. The Labour 
Law  does  not  apply  to  certain  sectors  of  the  economy.  The  decision  to  set  up  a  new 
department  for  disadvantaged  groups  in  the  Ministry  of  Labour  and  Social  Security  is  a 

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positive step. The labour inspection board35 remain to be strengthened in particular as regards 
staffing and cooperation with the social partners.  

Little  progress  has  been  made  in  the  area  of  health  and  safety  at  work.  Administrative 
capacity  as  well  as  the  awareness  level  have  increased,  with  the  contribution  of  EU-funded 
actions. According to official statistics covering only registered workers, 72,963 occupational 
accidents occurred in 2008, slightly less than in 2007. The numbers would be much higher if 
the informal sector were included. There has been no progress regarding transposition of the 
Framework  Directive  on  health  and  safety  at  work.  This  is  a  major  shortcoming  for  the 
implementation of legislation already transposed. The capacity of the labour inspection board, 
which is a priority in this area, continued to be strengthened through recruitment and training 
of additional staff. However, the number of labour inspectors remains very low compared to 
the size of the economy and the labour market36. Dramatic fatal occupational accidents in the 
mining and quarrying sectors have raised concerns over enforcement of legislation as well as 
the  inspections  carried  out  by  public  authorities37.  Fatal  ‘silicosis’  diseases  caused  by  poor 
working conditions in jeans sandblasting workshops continued to occur.  

There has been some progress in the area of social dialogue, in particular in the public sector. 
Amendments  were  made  to  the  Constitution  granting  the  right  to  collective  bargaining  and 
collective  agreements  to  civil  servants  and  other  public  employees  and  making  disciplinary 
decisions against civil servants subject to judicial review. Amendments also included lifting 
the ban on certain strikes38, removing the ban on membership of more than one trade union at 
the  same  time  and  in  the  same  branch  of  activity,  and  repealing  the  restriction  to  one 
collective  agreement  at  the  same  workplace  for  the  same  time.  Furthermore,  with  the 
constitutional  amendments,  the  Economic  and  Social  Council  has  become  a  constitutional 
body, to be consulted by the government for policy making in the economic and social fields. 
Furthermore, the Prime Minister’s Office issued a circular aiming to improve the situation of 
civil  servants,  including  facilitating  the  exercise  of  trade  union  rights  in  the  public  sector. 
However, the legal framework to which the Constitution refers in view of regulating the rights 
to negotiate, to organise collective actions for workers, employees and civil servants remains 
restrictive and needs to be brought into line with EU standards and ILO Conventions. An ILO 
high-level  bipartite  mission  to  Turkey  consisting  of  the  employers’  and  workers’ 
spokespersons  from  the  Committee  on  the  application  of  standards  was  unable  to  note  any 
measurable  progress  towards  the  adoption  of  relevant  legislation.  The  government  has 
attempted to address some key issues such as ensuring the right to freedom of association and 
collective bargaining at workplace level in a new draft law on trade union rights in the private 
sector,  which  failed  to  receive  the  support  of  the  social  partners.  The  number  of  workers 
covered  by  collective  labour  agreements  remains  very  low39.  The  work  of  the  main  social 
dialogue mechanisms (Tripartite Consultative Board, Economic and Social Council) and the 
capacity of social partners needs further strengthening. (See Political criteria — Labour rights 

35 
36 

37 

38 

39 

The number of labour inspectors dealing with labour relations increased to 321.  
The  number  of  labour  inspectors  dealing  with  Health  and  safety  issues  is  314.  The  total  number  of 
labour  inspectors  is  635,  i.e;  7%  more  than  last  year.  However,  in  the  same  period,  the  number  of 
people in employment increased by 1.5 million. 
Big  fatal  accidents  occurred  in  Bursa,  Mustafakemalpaşa  (19  deaths  in  December  2009),  Balıkesir, 
Odaköy (17 deaths in February 2010), Zonguldak, Karadon (30 deaths in May 2010), Edirne and Keşan 
(3 deaths in July 2010).  
Politically motivated strikes and lockouts, solidarity strikes and lockouts, general strikes and lockouts, 
occupation of work premises, labour go-slows, reduced productivity and other forms of resistance. 
The  collective  agreements  concluded  in  2008  and  2009  cover  a  total  of  767,582  workers.  The  total 
number of people in employment is around 23,5 million. 

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and trade unions). The constitutional amendment package did not introduce the right to strike 
for civil servants.  

There  has  been  some  progress  on  employment  policy.  Turkey  is  preparing  its  national 
employment  strategy.  Job  creation  incentives  announced  in  the  midst  of  the  financial  crisis 
were prolonged. There is a decreasing trend in unemployment compared to 2009. The Turkish 
Employment Agency (ISKUR) kept up its efforts to register unemployed and deliver services 
to them. The active labour market measures have been significantly extended40. However, the 
coverage  rate  of  unemployment  benefit  is  too  low.  Only  6%  of  the  unemployed  received 
benefits from the fund in March 2010. The overall administrative capacity of Turkey’s public 
employment  service  remains  weak.  Labour  force  participation  and  employment  rates  are 
low41.  The  south-east  region  has  the  lowest  participation  rates42.  The  youth  unemployment 
remains  high  but  has  shown  a  decreasing  trend  in  the  first  2  quarters  of  201043.  The 
percentage  of  undeclared  workers  has  followed  a  downward  trend  after  reaching  a  peak  in 
June  2009.  However,  44.8%  of  the  people  in  employment  are  not  registered  with  the  social 
security system and hence are deprived of the protection of labour law and pension rights. The 
work 
increased 
coordination  and  cooperation  between  the  SSI  and  the  other  public  and  private  institutions. 
336,838 undeclared workers were identified with this means. However the inspection capacity 
remains insufficient compared to the wide scope of the informal economy. There has been no 
progress  regarding  finalisation  of  the  joint  assessment  paper  (JAP)  on  employment  priority 
policies. 

to  combat  against  undeclared  work 

intensified,  especially 

through 

There  has  been  some  progress  in  preparations  for  the  European  Social  Fund  (ESF).  The 
operating  structure  established  under  the  Ministry  of  Labour  and  Social  Security,  which  is 
responsible for the management of the human resources development operational programme 
(HRD OP) under IPA component IV, has continued to increase capacity. After all the formal 
requirements had been met, implementation of the HRD OP started with the launch of the first 
award procedures and signature of the first contracts. However, major delays have occurred in 
the evaluation process and signing of the first contracts which took place only in May 2010. 
Implementation of operations currently launched needs to be speeded up to prevent the risk of 
substantial loss of funds. Monitoring and evaluation of programmes needs strengthening.  

There  has  been  little  progress  in  the  field  of  social  inclusion.  An  amendment  to  the 
Constitution paves the way for positive discrimination for children, the elderly and disabled 
people. Turkey has no comprehensive policy framework to address poverty. The percentage 
of  the  population  at  risk  of  poverty  remains  high,  and  children  continue  to  face  a 
disproportionate  risk  of  poverty.  Poverty  among  the  working  population  remains  a  concern, 
especially among seasonal workers, those in subsistence agriculture and undeclared workers.  

40 
41 

42 

43 

The number of beneficiaries increased from 30,000 in 2008 to 200,000 in 2009.  
The figures are 50% and 44,7% in June 2010, showing an improvement compared to last year but still 
very low compared to EU average.. 
According to TurkStat 2008 figures, participation rates are 26.9% for Diyarbakır, 27.2% for Siirt and 
29.8%  for  Şırnak.  However,  in  2009  the  highest  increase  in  employment  rate  was  registered  in  the 
south-east.  
Youth unemployment rate decreased to 19.1% in June 2010 compared to 23.7% in the same period of 
2009.  

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An  action  plan  has  been  adopted  by  the  Economic  Coordination  Committee,  aiming  to 
establish  links  between  social  services  and  public  employment  services44.  The  government 
has lifted budget-related staff limitations on employment of persons with disabilities in public 
institutions45.  However,  national  Turkish  institutions  promoting  social  inclusion  remain 
dispersed and weak. Further efforts are needed to increase the employability of persons with 
disabilities  in  both  the  public  and  private  sector.  No  progress  has  been  made  towards 
finalisation of the Memorandum on social protection and social inclusion (JIM). 

There has been little progress in the field of social protection. A circular was issued by the 
Prime  Minister’s  Office  addressing  the  conditions  of  seasonal  migrant  agricultural  workers 
with regard, among other things, to housing, access to education, health and social security. A 
free  helpline  number  (144)  regarding  social  assistance  services  has  been  launched.  The 
percentage of people covered by the social security system remained at 80%. The draft law on 
social  assistance  and  payments  without  premiums  is  still  pending.  Turkey  reports  a  large 
deficit in the pension system, which has widened considerably in the wake of the crisis. More 
efforts are needed to extend the coverage of the pension system to undeclared workers and to 
encourage  those  covered  to  work  longer  in  the  formal  sector,  Access  to  primary  health 
services and extension of the general health insurance scheme have improved. Staff shortages 
remain an acute challenge for the healthcare system.  

There  has  been  no  progress  towards  transposition  of  the  acquis  in  the  field  of  anti-
discrimination.  The  Labour  Law  is  not  applicable  to  the  period  prior  to  conclusion  of  a 
labour  contract.  There  is  no  definition  in  Turkish  legislation  of  direct  and  indirect 
discrimination.  The  acquis  covering  discrimination  on  grounds  of  racial  or  ethnic  origin, 
religion or belief, disability, age and sexual orientation is not transposed.  

Some  progress  can  be  reported  in  the  field  of  equal  opportunities.  The  constitutional 
amendment  stipulates  that  measures  taken  to  achieve  substantive  equality  between  men  and 
women cannot be deemed contrary to the principle of equality. A circular was issued by the 
Prime  Minister’s  Office  to  mainstream  gender  issues  into  implementation  of,  among  other 
things,  employment-related  legislation  and  policies,  workplace  inspections,  strategic  plans 
and  in-service  training.  The  parliamentary  Commission  on  equal  opportunities  for  men  and 
women  continued  its  work  by  preparing  reports  and  holding  consultations  with  relevant 
parties. Women’s employment and labour force participation rates46 remain lower than all the 
EU  Member  States  and  the  lowest  among  OECD  countries.  Women  are  disproportionally 
affected  by  informal  work  conditions  and  unpaid  work  in  agriculture.  The  provision  of 
affordable  child  care  is  insufficient.  The  gender  pay  gap  persists.  Legislation  and  policies 
aiming  to  harmonise  work  and  family  life  are  yet  to  be  adopted.  Efforts  to  implement  the 
national  action  plan  for  2008-2013  on  gender  equality  lack  sufficient  human  and  financial 
resources (see Political criteria — Economic and social rights). 

Conclusion 

44 

45 

46 

Based on this action plan, social assistance recipients, who are of working age and able to work, will be 
registered in the public employment agency database and encouraged to receive relevant employment 
services. 
In  January  2010,  out  of  48,943  public  sector  posts  allocated  by  law  to  people  with  disabilities 
(accounting for 3% of all public sector posts), only 14,325 could be filled due to budgetary limitations. 
Now  that  an  exemption  has  been  granted,  lifting  budget-related  restrictions  on  the  employment  of 
people with disabilities, the recruitment process for the remaining posts has started. 
22.3% and 26% respectively. 

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Overall,  Turkey  made  some  progress  in  the  field  of  social  policy  and  employment.  The 
constitutional  amendment  package  brings  significant  improvements  in  the  area  of  social 
dialogue in the public sector and paves the way for positive discrimination towards women, 
children,  elderly  and  disabled  people.  However,  Turkey’s  alignment  in  the  field  of  social 
policy and employment remains limited. A comprehensive  reform of trade union legislation 
aimed at achieving full trade union rights in line with EU standards and ILO conventions is 
still pending. The constitutional amendment package did not introduce the right to strike for 
civil  servants.  The  Turkish  labour  market  continues  to  feature  large-scale  undeclared  work 
and low female employment rates. The limited scope of the labour law and enforcement of the 
health  and  safety  legislation  are  areas  of  concern.  A  general  policy  framework  to  combat 
poverty remains to be established. The administrative capacity for effective implementation of 
the acquis in the field of social policy and employment needs to be strengthened. 

4.20.  Chapter 20: Enterprise and industrial policy 

Turkey  made  further  progress  with  regard  to  enterprise  and  industrial  policy  principles. 
Turkey  finalised  a  revised  draft  industrial  strategy  document  and  action  plan  covering  the 
period 2010-2013, which now is awaiting adoption.  

The Coordination Council for improvement of the investment environment (YOIKK) adopted 
an  action  plan  for  2010.  Efforts  are  continuing  to  systematically  monitor  and  evaluate 
strategies and action plans that have been adopted, through e.g. the quarterly reports issued on 
the YOIKK action plans and the assessment of the SME strategy and action plan. A medium-
term economic programme was announced for 2010-2012 covering areas related to industrial 
policy. . A new evaluation board for the export-oriented production strategy was established 
on  12  March  2010,  bringing  together  the  ministries,  related  public  organisations  and  the 
private  sector.  Turkey  has  joined  the  Small  Business  Act  implementation  process  together 
with the Western Balkan countries. 

Some progress was made with respect to enterprise and industrial policy instruments. New 
loan  programmes  including  a  credit  guarantee  scheme  were  extended  by  the  Small  and 
Medium-sized Industry Development Organisation (KOSGEB) following the adoption of new 
pieces  of  legislation  on  the  management  of  KOSGEB  funds,  in  particular  on  sectoral  and 
regional priorities. KOSGEB signed a protocol with the Development Agencies and the State 
Planning  Organisation  in  order  to  establish  joint  support  programmes  for  SMEs.  Business 
incubation centres were established in five regions. Most of the activities scheduled under the 
SME action plan have been completed. R&D spending continued to increase while the share 
of the private sector greatly surpassed that of the public sector. The participation of Turkey in 
the  EU  Entrepreneurship  and  Innovation  programme,  and  in  particular  in  the  Enterprise 
Europe  Network,  is  a  positive  development.  No  progress  can  be  noted  towards  completing 
alignment  with  EU  Directive  2000/35  on  combating  late  payments  in  commercial 
transactions.  

Some progress has been made in sector policies. The Ministry of Industry and Trade prepared 
a strategy and action plan on tradesmen and craftsmen including measures such as improving 
access  to  finance,  support  for  clustering,  entrepreneurship,  innovation  and  university 
cooperation.  Roadmaps  were  prepared  for  the  chemicals,  iron  and  steel  and  automotive 
sectors. No further developments can be reported in the national restructuring programme for 
the  Turkish  steel  industry  following  the  revision  made  last  year.  Formal  verification  of  the 
steel industry restructuring programme by the state aid monitoring authority is called for once 
that authority is established.  

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Conclusion 

Turkey  has  made  further  progress  in  this  chapter,  in  terms  of  finalisation  of  the  industrial 
strategy and action plan covering the period 2010-2013, wider availability of enterprise and 
industrial policy instruments and adoption of sectoral strategies and roadmaps. Some limited 
improvements  can  be  reported  in  the  business  environment  and  in  terms  of  continued 
monitoring  and  evaluation  efforts. Overall, Turkey  maintains  a  sufficient  level  of  alignment 
with the acquis in the field of enterprise and industrial policy. 

4.21.  Chapter 21: Trans-European networks 

Good  progress  was  made  in  the  area  of  transport  networks.  The  Ministry  of  Transport 
finalised the technical document on the future Trans-European Transport Network (TEN-T) in 
Turkey and the priority projects of European interest on the TEN-T Network. The technical 
document constitutes a sound basis for further negotiations, as confirmed by sites visit. In the 
meantime,  Turkey  has  effectively  utilised  pre-accession  assistance  to  continue  technical 
preparations  for  transport  infrastructure  projects  on  the  core  transport  network.  However,  a 
master plan for long-term investment has not yet been prepared.  

Some progress can be noted in the area of energy networks. The ratification procedure of the 
intergovernmental agreement on the Nabucco gas pipeline was completed in August 2010. As 
the  next  step,  project  support  agreements  can  now  be  concluded  between  the  governments. 
Nabucco  is  an  important  strategic  step  towards  closer  energy  cooperation  between  the  EU, 
Turkey  and  other  countries  in  the  region  and  remains  one  of  the  highest  energy  security 
priorities of the EU. 

Preparations  continue  to  bring  into  operation  the  Turkey-Greece-Italy  Interconnector  (ITGI) 
natural gas pipeline.  

As  regards  electricity  networks,  after  completion  of  all  necessary  studies  and  tests,  trial 
synchronous operation with ENTSO-E (European Network of Transmission System Operators 
for  Electricity)  began  on  18  September  2010.  The  interconnection  with  Iran,  a  400  kV  link 
that was operating at 154 kV, has been upgraded to 220 kV. Studies to upgrade the Georgia 
link have also started. 

No progress can be reported in the area of telecommunications networks. 

Conclusion 

Turkey  has  made  progress  in  the  area  of  Trans-European  networks.  In  particular,  it  has 
facilitated technical discussions under the future Trans-European Network for Transport and 
reached  an  advanced  stage  in  negotiations.  Some  progress  can  also  be  reported  on  energy 
networks. 

4.22.  Chapter 22: Regional policy and coordination of structural instruments 

Some  progress  was  made  with  regard  to  the  legislative  framework.  During  the  previous 
reporting period the Prime Minister’s Office issued a circular on the official appointment of 
institutions  under  IPA,  which  has  been  completed  in  the  current  period  with  the  including 
formal appointment of the strategic coordinator under components III and IV 

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Progress  was  made  with  the  institutional  framework.  The  technical  committee  established 
by the State Planning Organisation (SPO), as the IPA strategic coordinator, meets quarterly to 
support  the  smooth  implementation  of  all  four  operational  programmes  (on  transport,  the 
environment,  regional  competitiveness  and  human  resources  development).  The  SPO  is 
working  on  the  establishment  of  a  regional  development  committee  which  will  coordinate 
regional development policies among central institutions and between the local authorities. 

Progress was made as regards administrative capacity.  

Training  and  technical  assistance  to  strengthen  central  institutions  involved  in  IPA 
implementation  has  continued  and  the  setting-up  of  management  and  control  systems  has 
further  advanced.  Concerns  remain  about  the  capacity  of  the  institutions  to  effectively  and 
efficiently manage IPA funds. Use of funds is marked by delays in contracting and there is a 
serious risk that not all funds allocated can be absorbed and that the impact and results are less 
than  anticipated.  High  staff  turnover  in  the  DIS  institutions,  lack  of  coordination  among 
institutions and delays in the preparations of the operating structures in line ministries to take 
over duties of contracting and payments from the central finance and contracts unit (CFCU) 
have aggravated these concerns. The capacity of the CFCU needs to be urgently adjusted to 
the new  timetable  to ensure  the full  and sound use of EU funds allocated. To address these 
risks, supervision by the NAO needs to be strengthened, urgent measures have to be taken and 
capacity needs to be brought rapidly into line with the amount of funds under implementation. 
Administrative capacity at regional level remains weak. The regional development committee 
(RDC),  which  aims  to  coordinate  regional  development  policies  among  central  institutions 
and between the local level and the centre is envisaged  as  a  main  element  of  Turkey’s  new 
regional policy and is scheduled to be established in 2010, but no concrete developments can 
be reported yet. 

Some  progress  was  made  with  regard  to  programming  and  programme  implementation. 
Improvements  have  been  made  in  building  up  project  pipelines  for  IPA,  particularly  in  the 
environment, regional competitiveness and employment operational programmes. This should 
improve  absorption  of  funds  in  the  medium  term.  In  some  minor  revisions  of  the  OPs 
budgetary  and  timing  aspects  as  well  as  geographical  targeting  were  fine-tuned.  As 
implementation is at an early stage more comprehensive conclusions on the impact and results 
can only be drawn later on. 

In  the  area  of  monitoring  and  evaluation,  some  progress  was  made.  Working  groups 
between  the  IPA  operating  structures  and  the  state  planning  organisation  have  been  active, 
and  progress  was  made  in  setting  up  the  integrated  management  information  system  (MIS). 
Sectoral monitoring committees for all IPA components continued to meet on schedule. 

In  the  area  of  financial  management  and  control,  some  progress  was  made.  However, 
capacity  building  and  preparations  for  conferral  of  management  within  the  operating 
structures  are  lagging  behind  and  the  timetable  for  enabling  these  structures  to  take  over 
financial management and control responsibilities from the CFCU could not be adhered to, so 
that  the  takeover  had  to  be  postponed  until  2011  in  the  case  of  Transport  and  Human 
Resources Development and until 2012 in the case of Regional Competitiveness. As a result, 
the co-operation agreements with the CFCU need to be extended beyond the current deadline 
of 31 December 2010. 

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Progress, albeit uneven, was made in this area. In particular, the legislative and institutional 
framework for implementation of IPA components III and IV has been finalised, involvement 
of local and regional stakeholders in preparing the project pipeline has been improved and the 
DAs are well on the way to becoming fully operational. In order to prepare effectively for the 
use  of  structural  instruments  (Structural  Funds  and  Cohesion  Fund)  upon  accession, 
administrative  capacity  of  central,  regional  and  local  institutions  should  be  reinforced. 
Moreover, pre-accession funds have to be used more effectively and the absorption capacity 
of  key  institutions,  namely  the  CFCU  and  Operating  Structures  in  line  Ministries  needs  to 
increase in order to demonstrate readiness to absorb larger amounts of EU funds.  

4.23.  Chapter 23: Judiciary and fundamental rights 

There  has  been  progress  on  the  judiciary  (see  also  under  political  criteria  –  part  I  of  the 
report). 

As regards independence of the judiciary, the permanent membership of the High Council of 
Judges and Prosecutors increased from seven to twenty two: in addition to representatives of 
the Court of Cassation and the Council of State, the new membership includes representatives 
of first instance judges, the Justice Academy, law faculties and lawyers. 

The  constitutional  amendments  provide  that  decisions  of  the  High  Council  dismissing 
members  of  the  judiciary  from  the  profession  are  open  to  judicial  review.  A  Secretariat 
General is established under the High Council, providing it with professional and secretarial 
support; the High Council appoints judges and prosecutors to this Secretariat. 

Judicial  inspectors,  who  are  responsible  for  evaluating  the  performance  of  judges  and 
prosecutors,  report  to  the  High  Council  and  no  longer  to  the  Ministry.  These  reforms  meet 
priorities of the Accession Partnership and the Progress Reports. However, the Minister is still 
the president of the High Council; albeit with reduced competence (the Minister cannot join 
the  meetings  of  any  of  the  three  chambers  of  the  Council  ).  In  addition,  the  investigative 
authority  of  the  High  Council  is  subjected  to  the  approval  of  the  Minister  of  Justice  in  his 
capacity as president of the Council. 

The  Semdinli  case  is  still  pending  (see  the  section  on  civilian  oversight  of  security  forces). 
The  dismissal  of  the  civilian  prosecutor  previously  in  charge  of  the  case,  together  with  the 
handling of the case to date, raised questions about the independence of the High Council47. 

With regard to impartiality, constitutional provisions allowing military courts to try civilians 
have  been  taken  out  of  the  Constitution  and  new  provisions  prohibit  such  trials  explicitly. 
Cases  related  to  offences  against  the  security  of  the  state,  constitutional  order  and  the 
functioning of this order are to be tried in civilian courts. This followed the annulment by the 
Constitutional Court, in January 2010, of provisions of the Criminal Procedure Code allowing 
civilian courts to try members of the military in cases of organized crimes and crimes against 
the State on the basis that these were in conflict with the then constitutional provisions. 

47 

The  civilian  prosecutor  in  this  case  published  the  indictment  in  2006.  It  included  accusations  against 
high-ranking military commanders. The general Staff criticised the indictment and urged those bearing 
constitutional  responsibility  to  take  action.  The  High  Council  of  Judges  and  prosecutors  took  the 
dismissal decision in April 2006. 

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The  Constitutional  Court,  further  to  the  adoption  of  the  constitutional  amendments,  is 
composed  of  seventeen  members  nominated  by  both  the  President  of  the  Republic  and 
Parliament, while no substitute membership is foreseen. However, two of the judges continue 
to  be  military  judges.  As  constitutional  jurisprudence  in  a  democratic  system  is  a  civilian 
matter,  the  presence  of  military  judges  is  questionable.  In  addition,  military  judges  might 
return to the military justice system when their term in the Constitutional Court expires, which 
could raise questions about their impartiality as Constitutional Court judges. 

Senior  members  of  the  judiciary  and  of  the  military  made  statements  that  could  put  the 
impartiality of the judiciary at risk in important cases.  

With regard to the efficiency of the judiciary, the use of information technology in the judicial 
system  has  accelerated  judicial  procedures  and  facilitated  third  party  access  to  judicial 
proceedings. The number of judicial staff continued to increase. On 20 September there were 
a  total  of  11,394  judges  and  prosecutors  (11,121  judges  and  prosecutors  on  1  May  2009). 
Progress has been made as regards juvenile justice (see the section on children's rights). 

However, the overall number of vacancies for judges and prosecutors remains significant, i.e. 
3,299 on 20 September 2010 (3,875 on 1 May 2009). The regional courts of appeal are not 
operational yet. By law, they should have been in operation by June 2007. 

The  quality  of  the  investigation  in  some  high  profile  cases  continued  to  raise  concerns.  No 
progress  can  be  reported  as  regards  the  need  to  improve  the  work  of  the  police  and  the 
gendarmerie  but,  also,  the  working  relationship  between  the  police  and  the  gendarmerie,  on 
the one hand, and the judiciary, on the other. 

There  has  been  no  progress  on  the  introduction  of  a  mediation  system  into  civil  justice. 
Reconciliation,  introduced  into  the  criminal  justice  system  in  2005,  is  not  used  effectively. 
Provision of legal aid is inadequate in terms of either its coverage or the quality of services 
provided. The implementation of pre-trial detention is not limited to circumstances where it is 
strictly necessary in the public interest. This adds to the overcrowding in prisons, where more 
than  half  of  the  inmates  await  trial.  The  probation  system  is  not  used  to  its  full  extent  by 
judges.  

There are concerns as regards the functioning of the Forensic Medicine Institute. On a number 
of cases the Institute gave conflicting reports on the same case at different times. The backlog 
of the Institute leads to delays in judicial proceedings.  

As regards the professionalism and competence of the judiciary, a Council of State judgement 
of  2009  pointed  out  to  the  overlapping  competences,  as  regards  the  provision  of  in-service 
training,  of  the  Training  Department  of  the  Ministry  of  Justice  and  of  the  Turkish  Justice 
Academy. Pre-service and in-service training fall both under the responsibility of the Justice 
Academy. 

The  implementation  of  the  2009  judicial  reform  strategy  has  continued.  Some  of  the  major 
pillars of the strategy were implemented through the constitutional amendments. 

Some progress can be reported on anti-corruption (see also under political criteria – part I 
of the report). 

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The Government adopted a 2010-2014 strategy for enhancing transparency and strengthening 
the  fight  against  corruption  in  February  2010.  A  ministerial  committee48  was  established  in 
December  2009  together  with  an  executive  board  composed  of  representatives  of  public 
institutions,  labour  unions  and  of  the  Turkish  Union  of  Chambers  and  Stock  Exchanges 
(TOBB)  to  form  further  anti-corruption  strategies  and  to  direct  and  monitor  their 
implementation. The Strategy aims at developing preventive and repressive measures against 
corruption  as  well  as  improving  public  governance  by  introducing  more  transparency, 
accountability and reliability into the public administration. 

An  action  plan,  with  timetables  for  the  adoption  and  implementation  of  each  measure,  was 
approved  by  the  ministerial  committee  in  April  2010.  Effective  implementation  could 
contribute  to  changing  behaviour  of  public  administration,  so  that  it  promotes  and  protects 
integrity  and  reduces  opportunities  for  corrupt  practices.  However,  participation  by  civil 
society and its role on the executive board and in implementation of the strategy need to be 
strengthened.  

By June 2010, Turkey had implemented 15 of the 21 recommendations in the 2005 evaluation 
reports  by  the  Group  of  States  against  Corruption  (GRECO).  The  GRECO  report  suggests 
further  efforts,  in  particular  to  broaden  the  representation  of  the  anti-corruption  oversight 
body, to enhance the independence of the judiciary and, to reform the system of immunities 
and  to  finally  establish  the  Ombudsman  institution.  The  constitutional  amendments  provide 
the  basis  for  progress  on  enhancing  the  independence  of  the  judiciary  and  an  Ombudsman 
institution. 

In December 2009, the Prime Ministerial Inspection Board was appointed as the counterpart 
of  the  European  Anti-Fraud  Office  (OLAF)  and  was  given  the  task  of  Anti-Fraud 
Coordination Structure (AFCOS) responsible for investigation of irregularities in the context 
of financial cooperation between the EU and Turkey. (See Chapter 32 – Financial control) 

In February 2010, the Constitutional Court annulled provisions of the law on the Council of 
Ethics  regarding  the  publication  of  names  of  civil  servants  who  violate  ethics  code,  on  the 
grounds  that  publicizing  these  names  without  judicial  decision  would  jeopardize  the 
presumption  of  innocence.  Ethics  training  continued;  approximately  7,000  civil  servants 
working  for  central  and  local  governments  have  been  trained  between  October  2009  and 
September  2010.  In  September,  the  Government  adopted  a  regulation  on  the  code  of  ethics 
with  which  investigators  and  auditors  should  comply  while  doing  their  jobs.  However,  no 
progress  has  been  made  on  extending  ethics  rules  to  academics,  military  personnel  and  the 
judiciary. 

No progress has been made on limiting the immunity of Members of Parliament concerning 
corruption-related offenses.  

Further  measures  are  needed  to  complete  the  existing  legislation  and  ensure  its  effective 
implementation  to  increase  transparency  on  the  financing  of  political  parties  and  election 
campaigns.  More  resources  are  also  required  in  order  to  better  detect  illegal  practice,  in 

48 

The  ministerial  committee  consists  of  the  Deputy  Prime  Minister  and  four  ministers  (Ministry  of 
Justice, Ministry of Interior, Ministry of Finance, Ministry of Labour and Social Security).  

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particular to extend the current monitoring mechanism to election campaign funding of parties 
and candidates. 

For the first time a mayor of a metropolitan municipality was suspended from mayoral duties 
on  March  2010  by  the  Ministry  of  Interior  because  of  serious  corruption  allegations. 
Administrative and Judicial investigations are continuing.  

The investigation begun in 2009 into the charity association Deniz Feneri concerning a fraud 
case in Germany is continuing. The police made searches on the premises of the association 
and at the homes of the suspects. However, no indictment has been submitted to court yet. 

The draft law on the Turkish Court of Auditors, which envisages strengthening of the Court 
and expanding its mandate, was adopted by the Plan and Budget Committee of the Parliament 
in May and is currently on the agenda of the plenary. 

Turkey needs to develop a track record of investigations, indictments and convictions.  

As  regards  fundamental  rights,  there  has  been  some  progress  (see  also  under  political 
criteria and chapter 19 Social policy and employment). 

There  have  been  developments  on  the  institutions  monitoring  and  promoting  human  rights. 
The draft law on the establishment of the Turkish Independent Human Rights Institution was 
submitted  to  parliament  in  February  2010.  Opinions  from  NGOs  were  discussed  by  the 
relevant parliamentary sub-committee. The draft law before parliament needs to be amended 
to  bring  it  into  line  with  the  UN  framework,  in  particular  as  regards  the  independence  and 
functional  autonomy  of  this  new  institution.  It  is  important  to  conduct  this  process  in  close 
consultation with NGOs. 

As  regards  prohibition  of  torture  and  inhumane  or  degrading  treatment  or  punishment,  the 
positive trend on prevention of torture and ill-treatment continued. Some high-profile cases of 
human rights violations have resulted in convictions. However, disproportionate use of force 
by law enforcement authorities continued and is of concern. 

With regard to respect for private and family life, the constitutional amendments introduced 
the protection of personal data and the right to access to information as constitutional rights. 

In the area of freedom of thought, conscience and religion, freedom of worship continues to 
be  generally  respected.  The  implementation  of  the  Law  on  foundations  continued  amidst 
administrative delays (see the chapter on Property rights). The dialogue with the Alevis and 
with  the  non-Muslim  religious  communities  continued  but  has  not  yet  produced  results. 
Members  of  minority  religions  continue  to  be  subject  to  threats  by  extremists.  A  legal 
framework in line with the ECHR has yet to be established, so that all non-Muslim religious 
communities and the Alevi community can function without undue constraints, including the 
training of clergy. 

Regarding  freedom  of  expression,  including  freedom  and  pluralism  of  the  media,  there  was 
limited progress while open and free debate has continued and expanded. However, Turkish 
law  does  not  sufficiently  guarantee  freedom  of  expression  in  line  with  the  ECHR  and  the 
ECtHR  case  law.  The  high  number  of  cases  initiated  against  journalists  and  the  frequent 

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website  bans  are  a  cause  for  concern.  Undue  political  pressures  on  the  media  and  legal 
uncertainties affect the exercise of freedom of the press in practice. 

As  regards  freedom  of  assembly  and  freedom  of  association,  including  the  right  to  form 
political parties and the right to establish trade unions, the legal framework on associations is 
broadly  in  line  with  EU  standards.  However,  there  are  still  cases  where  associations  are 
subject to disproportionate controls of their activities and to judicial proceedings. There is no 
progress on amendment of the legal provisions on the closure of political parties. Launching 
of cases against LGBTT associations by administrative authorities, based on morality, limits 
the  full  exercise  of  freedom  of  association.  The  Constitutional  amendments  broaden  trade 
union rights. However, there are restrictive provisions in the current legal framework, which 
are not in line with EU standards and ILO Conventions (see Chapter 19 – social policy and 
employment). 

As  regards  treatment  of  socially  vulnerable  and  disabled  persons  and  the  principle  of  non-
discrimination,  an  amendment  to  the  Constitution  paves  the  way  for  positive  discrimination 
for  disabled.  Access  to  education,  health,  social  and  public  services  for  persons  with 
disabilities  still  remain  critical  issues,  despite  existence  of  legislation  in  this  field.  The 
Government prepared a draft proposal establishing an anti-discrimination and equality board. 
Provisions  of  the  Turkish  Criminal  Code  on  ‘public  exhibitionism’  and  ‘offences  against 
public  morality’  are  sometimes  used  to  discriminate  against  LGBTT  people.  The  Law  on 
Misdemeanours is often used to impose fines against transgender persons.  

With  regard  to  the  right  to  education,  pre-school  education  enrolment  rate  for  children 
between  4  and  5  years  of  age  increased  to  39%  in  2009-2010from  33%  in  2008-2009.  The 
primary school enrolment rates (grades 1-8) rose for both boys and girls, virtually closing the 
gender  gap  at  national  level  in  primary  education.  The  Ministry  of  National  Education  has 
developed  an  early-warning  system  for  children  at  risk  of  dropping  out.  In  secondary 
education (grades 9-12), the net enrolment rate rose to 65% in 2009-2010 from 59% in 2008-
2009.However, close to 200,000 children – especially girls in some Eastern and South-eastern 
provinces – are still out of school. As regards secondary education, there are large geographic 
variations.  There  is  also  a  significant  gender  gap,  net  enrolment  rates  being  67.55%  among 
boys and 62.21% among girls. 

On  the  right  to  property,  the  Law  on  foundations  has  been  implemented,  albeit  with  some 
delays and procedural problems. The Foundations Council acknowledged these problems and 
tried  to  speed  up  procedures.  However,  this  law  does  not  address  the  issues  of  properties 
seized  and  sold  to  third  parties  or  of  properties  of  foundations  merged  before  the  new 
legislation was adopted. Syriacs continue to face difficulties in relation to property. A number 
of  court  cases  are  in  progress.  In  particular,  the  Mor  Gabriel  Syriac  Orthodox  monastery 
continues  to  face  problems  with  land  ownership.  Turkey  needs  to  ensure  full  respect  of  the 
property rights of all non-Muslim religious communities. 

With regard to gender  equality and women's rights, the legal framework is broadly in place 
(see  chapter  19  Social  policy  and  employment).  This  framework  has  been  strengthened 
through  the  constitutional  amendment  permitting  the  adoption  of  positive  discrimination 
measures  for  women.  However,  sustained  further  efforts  are  needed  to  turn  this  legal 
framework  into  political,  social  and  economic  reality.  Honour  killings,  early  and  forced 
marriages and domestic violence against women remain serious problems. Legislation needs 
to be implemented consistently across the country. Further training and awareness-raising on 
women’s rights and gender equality are needed. 

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As  regards  the  rights  of  the  child,  there  has  been  progress  with  the  legal  framework  on 
children’s  rights,  juvenile  justice  and  the  gender  gap  in  primary  education.  Nevertheless, 
efforts need to be further strengthened in all areas, including education, child labour, health, 
juvenile justice, administrative capacity and coordination. 

With regard to liberty and security and the right to a fair trial, there was some improvement as 
regards  access  to  justice  in  rural  areas.  However,  access  to  free  legal  aid  was  limited 
especially in the South-east. Provision of legal aid  did was inadequate in terms of either its 
coverage or the quality of services provided and there was no effective monitoring mechanism 
that would ensure that problems are addressed. A law of July 2010 amending the Anti-Terror 
Law and other laws provides that children accused of committing terror-related crimes will be 
tried  at  juvenile  courts.  This  applies  even  when  such  offences  are  committed  together  with 
adults.  In  addition,  children  sentenced  for  propaganda  for  a  terrorist  organisation  or  for 
resistance  to  security  officers  for  their  participation  in  meetings  or  demonstrations,  will  no 
longer  be  sentenced  also  for  membership  of  a  terrorist  organisation.  In  general,  the  law 
provides  for  the  non-application  on  juveniles  of  a  number  of  aggravating  circumstances 
included in the Anti-Terror Law. This is expected to reduce in practice significantly the prison 
sentences  imposed  on  children  participating  in  meetings  or  demonstrations.  Finally,  the  law 
foresees  that  juvenile  courts  can  decide  to  postpone  the  announcement  of  a  judgement,  to 
convert a prison sentence to alternative sanctions, or to suspend the sentence for terror-related 
crimes. 

As  regards  minority  rights  and  cultural  rights,  Turkey  has  made  progress  on  cultural  rights, 
especially by further relaxing use of the Kurdish language in private TV and radio broadcasts 
and in prisons. The 24-hour Arabic-language TV broadcasts started in 2010 in addition to the 
Kurdish-language TV channel which started the previous year. However, restrictions remain, 
particularly  on  use  of  languages  other  than  Turkish  in  political  life,  education  and  contacts 
with  public  services.  The  legislation  on  use  of  languages  other  than  Turkish  is  open  to 
restrictive interpretations and implementation is inconsistent. There has been some progress in 
the  situation  of  the  Roma,  as  their  issues  have  become  more  publicly  debated,  and 
implementation  is  underway.  However,  Roma  still  frequently  face  discriminatory  treatment. 
Turkey's  approach  on  minorities  remains  restrictive.  Full  respect  for  and  protection  of 
language, culture and fundamental rights, in accordance with European standards, have yet to 
be  fully  achieved.  Turkey  needs  to  make  further  efforts  to  enhance  tolerance  or  promote 
inclusiveness vis-à-vis minorities. 

Overall, there has been progress in the area of the judiciary. The adoption of the constitutional 
amendments on  the  structure of  the  High Council of Judges and Prosecutors along with the 
limitation of the competence of military courts is a positive step. Attention needs to be paid on 
the establishment of an effective dialogue with all stakeholders and the civil society at large, 
and on the implementation of these reforms in line with European standards. With respect to 
anti-corruption,  progress  was  made  as  regards  the  development  of  a  comprehensive  anti-
corruption  strategy  and  an  action  plan  as  well  as  a  body  to  oversee  and  monitor  their 
implementation.  However,  effective  implementation  of  the  Strategy  is  necessary  to  mitigate 
corruption which remains prevalent in many areas. Turkey needs to develop a track record of 
investigation,  indictments  and  convictions.  With  regard  to  fundamental  rights,  progress  has 
been made. Constitutional amendments bring important changes in the area of data protection, 
trade  union  rights,  women  and  children's  rights.  However,  further  significant  efforts  are 
needed in most areas, in particular freedom of expression and freedom of religion. Turkey's 
approach to minority rights remains restrictive. 

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4.24.  Chapter 24: Justice, freedom and security 

Some progress has been made with regard to migration. An amendment to Article 79 of the 
Turkish Penal Code on smuggling of migrants increasing the sentences for those involved in 
migrant  smuggling,  was  adopted  in  July  2010.  In  March  2010,  a  circular  was  issued  by  the 
Ministry  of  the  Interior  on  combating  irregular  migration.  According  to  the  circular,  an 
irregular  migrant  for  whom  the  legal  procedures  have  been  completed  will  be  placed  in  a 
removal centre or alternative premises previously indicated by the governorate. The circular 
also lays down the ‘principles concerning the physical conditions in removal centres and the 
practices adopted in these centres’, stating that removal centres need to be regularly inspected 
by  the  governor,  district  governor  and  the  Turkish  National  Police  (TNP);  allegations  of 
human rights violations in removal centres need to be investigated; irregular migrants need to 
be  given  an  opportunity  to  contact  the  UNHCR  at  their  request;  access  to  legal  counsel  is 
given provided that illegal migrants cover the costs themselves. 

Foreigners who are irregular migrants and victims of trafficking may benefit from free health 
services  since  the  directorate  general  for  social  solidarity  and  assistance  in  the  Prime 
Minister’s  Office  issued  a  circular  in  May  2009  to  the  Social  Solidarity  and  Assistance 
Foundation.  Furthermore,  the  task  force  for  asylum  and  migration  is  preparing  a 
comprehensive revision of the law on foreigners, in close consultation with the IOM and the 
UNHCR.  

The  full  implementation  of  the  newly  established  circulars,  and  the  rapid  adoption  of  this 
legislation under preparation, is a key priority in view in particular to establish fair procedures 
for the detention and removal of irregular migrants, and to enhance their reception conditions. 
This is also very important to address the judgment issued by the European Court of Human 
Rights (ECtHR) in particular on the following two cases related to Turkey : the judgement in 
Abdolkhani  and  Karimnia  v  Turkey  and  Z.N.S.  v  Turkey,  where  the  Court  found  that  the 
detention and deportation of irregular migrants to their country of origin, due to the absence 
of clear provisions for ordering and extending detention, the lack of notification of the reasons 
for  detention  and  the  absence  of  any  judicial  remedy  to  the  decision  on  detention  were  in 
breach  of  the  European  Convention  on  Human  Rights;  and  to  the  judgment  in  Charahili  v 
Turkey, where the Court concluded that the applicant’s conditions of detention amounted to a 
violation of Article 3 of the European Convention on Human Rights, prohibiting torture.  

Consultation of civil society, international organisations and academia is also crucial. Turkey 
needs also to draw on the expertise in joint cooperation projects ongoing in this field provided 
particularly  by  the  EU.  Work  is  also  being  done  in  view  of  enhancing  the  administrative 
capacities  of  Turkey  to  prevent  irregular  migration  and  deal  with  its  consequences.  A 
coordination  board  for  combating  illegal  migration  was  established  in  February  2010  to 
identify  measures  to  fight  irregular  migration,  strengthen  inter-institutional  cooperation  and 
coordination  and  monitor  operational  activity.  The  board  is  chaired  by  the  Deputy 
Undersecretary of the Ministry of the Interior and meets every two months. Members are the 
Chief  of  General  Staff,  the  Land  Forces,  the  Ministry  of  Foreign  Affairs,  the  TNP,  the 
Gendarmerie General Command and the Coast Guards.  

The General Directorate for Security issued a circular in September 2010 which provides that 
each illegal migrant apprehended will be accommodated in a removal centre with the written 
permission  of  the  Governor.  The  circular  also  introduces  a  standard  notification  that  makes 
clear that all costs during the stay in a removal centre will be borne by the state. The right to 
contact a lawyer is also made clear. Additionally the notification explicitly states the right to 
appeal against the decision of deportation and the administrative custody.  

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Efforts  to  increase  the  capacity  to  host  irregular  migrants  in  accordance  with  international 
standards, pending the completion of their removal procedures, continue: while, as of August 
2010, the current hosting capacity stands at 2,875; the construction/refurbishment/equipment 
through  national  funds  of  four  removal  centres  (Bitlis,  Van,  Aydın  and  Edirne),  with  a 
capacity of 650 persons each, is ongoing. In addition, the establishment through EU-financed 
projects  of  two  additional  removal  centres  in  Ankara  and  Erzurum,  with  a  capacity  of  750 
persons each, is under preparation. 

Awareness raising among administrators, governors, district governors, municipalities and the 
public  at  large  on  the  rights  of  irregular  migrants  and  procedures  involved  in  migration 
management is a key issue to be addressed through concrete measures. 

Substantial  progress  has  been  made  towards  finalising  negotiations  on  an  EU-Turkey 
readmission  agreement.  Meanwhile,  adequate  implementation  of  already  existing  bilateral 
readmission agreements remains a priority.  

As  regards  the  implementation  of  the  existing  readmission  protocol  with  Greece,  positive 
steps  have  been  taken  to  apply  its  provisions  more  effectively.  In  May  2010,  a  joint 
declaration  has  been  signed  between  the  Turkish  Ministry  of  the  Interior  and  the  Greek 
Ministry for Protection of People to achieve this aim.  

Turkey  has  also  completed  the  negotiations  for  a  readmission  agreement  with  Pakistan. 
Readmission  agreements  with  other  countries  of  origin  (Azerbaijan,  Bangladesh,  Belarus, 
Bosnia and Herzegovina, FYROM, Georgia, Lebanon, Libya, Moldova, and Uzbekistan) are 
being discussed. Discussions also with Russia took place in June 2010. 

The number of irregular migrants apprehended by the law enforcement forces declined from 
65,737 in 2008 to 34,345 in 2009. In 2009 the irregular migration flow through the Greek and 
Bulgarian land borders dropped by 40% compared to the year 2008. The number of irregular 
border crossings at sea border between Greece and Turkey saw a decrease of 16%. In the first 
seven  months  of  2010,  15,397  irregular  migrants  were  reported  to  have  been  apprehended. 
1,027 smugglers were apprehended in 2009, 970 of whom are Turkish. 

In the area of asylum, some progress can be reported. With 7.834 new asylum seekers in 2009 
the number reportedly decreased in comparison with 2008 (11.248). Out of 7.834 applicants, 
3.763  are  Iraquis  (48  %),  1.981  are  Iranians  (25  %),  1009  are  Afghans  (13  %)  and  295  are 
Somalis (4 %). An amendment to the regulation implementing the Law on work permits for 
foreigners adopted on January 2010 softened the conditions under which asylum seekers can 
apply  for  work  permits.  A  person  to  whom  asylum  seeker  status  has  been  granted  by  the 
Ministry  of  the  Interior  can  apply  for  work  permits  irrespective  of  the  validity  period  for 
which the residence permit has been delivered. 

In  March  2010,  a  circular  has  been  issued  by  the  Ministry  of  the  Interior  on  the  residence 
permit fees (‘Ikamet’) imposed on asylum seekers which, without providing explicitly for the 
removal of such fees, sets out a procedure that may, de facto, bring about a similar effect. The 
circular also has a retroactive effect with regard to outstanding fees and additional fines due 
by asylum seekers prior to its entry into force. The efficient and uniform implementation of 
this  circular  is  crucial  to  the  resettlement  prospects  of  asylum  seekers  who,  despite  the 
availability of a third country to host them, are not currently allowed to leave Turkey pending 
the satisfaction of unpaid fees and fines. 

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A  new  circular  has  been  adopted  in  March  2010  for  asylum  seekers  who  are  hosted  in  the 
institutions run by the directorate general for social services and the child protection agency. 
The  circular  encompasses  data  protection,  social  and  general  health  insurance  as  well  as 
access to premises by UNHCR staff. The asylum seekers subject to these provisions include 
unaccompanied minors, the physically disabled and the elderly. 

In addition, the task force on asylum and migration is preparing a law on asylum and a law on 
the establishment of an asylum unit, in close consultation with the UNHCR.  

Progress continues to be limited by the fact that Turkey maintains the geographical limitations 
on the 1951 Convention relating to the status of refugees and the related 1967 Protocol.  

Overall,  the  landmark  reforms  to  provide  Turkey  with  a  modern,  efficient  and  fair 
management system in line with core international and European standards are still at an early 
stage. The finalization of a roadmap on asylum and migration is key. The Turkish institutions 
have  only  limited  capacity  and,  most  importantly,  no  ownership  of  the  refugee  status 
determination  process  for  non-European  asylum  seekers.  Thus  the  UNHCR,  despite  not 
having  formal  status  in  Turkey,  is  virtually  the  sole  authority  capable  of  carrying  out  and 
managing asylum procedures. 

It  remains  a  key  priority  to  ensure  equal  and  fair  access  to  asylum  procedures,  to  shorten, 
albeit with the limited existing capacity, the waiting time as well as to give would-be asylum 
seekers full access to legal aid and UNHCR staff. 

Progress  in  the  work  towards  the  establishment  of  a  country  of  origin  and  asylum  case 
management  systems,  and  to  facilitate  the  possibility  for  civil  society  organisations  to 
cooperate with the administration in providing assistance to refugees and migrants is also key. 
A  number  of  civil  society  organisations  working  in  the  area  of  asylum  and  migration  came 
together on 15 March 2010 and founded the ‘Turkey Refugee Rights Coordination’. 

There  has  been  little  progress  on  visa  policy.  In  August  2010,  Turkey  revised  its  policy  as 
regards  duration  of  stays  allowed  for  90  days  within  180  days,  in  line  with  EU  acquis. 
However, Turkey does not apply a uniform policy towards all EU citizens as regards the visa 
obligation.  Currently,  citizens  of  12  EU  Member  States  are  required  to  hold  a  visa  to  enter 
Turkey, which can be obtained at the Turkish borders. Citizens of the other 15 Member States 
are exempted from the visa obligation for a short stay of up to 90 days.  

Turkish  passports  with  biometric  security  features  were  put  into  use  on  1  June  2010.  Visa 
issuing is now processed on-line among the Consular Offices and the Ministry of the Interior. 
Introduction  of  new  Turkish  visa  stickers  with  higher  security  features  was  further  delayed. 
Airport  transit  visas  remain  to  be  introduced.  No  administrative  initiative  took  place  for 
gradually abolishing the issuance of sticker- and stamp-type visas at borders. Turkey agreed 
on  visa  exemptions  with,  Libya  and  Jordan  in  December  2009,  Lebanon  in  January  2010, 
Russia in May 2010 and Tanzania and. Similar agreements with Syria in October 2009, Serbia 
in July 2010 and Cameroon, published in July 2010, exclude ordinary passport holders. Some 
of these countries are on the EU’s negative list.  

Overall, alignment with the acquis in this area is at a very early stage. 

On external borders and Schengen, limited progress has been achieved. The task force for 
external borders meets every two months and prepares a draft roadmap for harmonising the 
border management system with EU standards as part of the efforts to implement the national 
action plan on integrated border management (IBM). A coordination board for IBM has been 

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established  in  May  2010  by  Prime  Ministerial  decree  to  create  an  official  follow-up 
mechanism at decision-making level to screen progress towards achieving the target of IBM. 
The board is also tasked with developing further policies and strategies in the area. In-service 
training  on  IBM  was  delivered  to  all  sub-governors,  despite  the  delays  in  adopting  the 
proposed legislative amendment currently pending in the Parliament on expanding the tasks 
of the deputy governors acting as administrative heads of the border agencies. 

Inter-agency cooperation remains a key issue to be developed pending the reform process. For 
instance,  efficient  and  coordinated  use  of  databases  and  risk  analysis  at  the  borders  are 
missing  elements  for  integrated  border  management.  Measures  are  required  to  deploy  more 
trained  staff  and  additional  border  check  equipment  at  border  crossing  points  to  prepare  for 
professionalised  border  management.  Further  efforts  are  needed  to  transfer  border  control 
tasks  to  a  new  border  security  agency;  the  current  agencies  need  to  be  strengthened  at  the 
same time as this new agency is established. The setting-up of the specialised department for 
passports within TNP in May 2010 is a step forward in that direction. 

Negotiations on a working agreement with Frontex has continued and few outstanding issues 
need  to  be  solved  to  conclude  it.  Contact  points  have  been  established  and  joint  operations 
with Member States conducted. 

Overall, further efforts are needed as regards alignment with the acquis in this area. 

No progress can be reported on judicial cooperation in criminal and civil matters. On the 
latter, Turkey has not yet ratified the 2007 Hague Convention on the international recovery of 
child  support  and  other  forms  of  family  maintenance  nor  the  1996  Hague  Convention  on 
jurisdiction,  applicable  law,  recognition,  enforcement  and  cooperation  in  respect  of  parental 
responsibility  and  measures  for  the  protection  of  children.  On  legal  aid,  a  draft  law  on 
compensation  of  crime  victims  is  under  preparation.  During  the  reporting  period,  2,270 
requests  falling  within  the  ambit  of  judicial  cooperation  in  civil  matters  were  received  by 
Turkey and 1,809 requests from Turkey. 

As regards judicial cooperation in criminal matters, Turkey has not yet signed the Council of 
Europe  Convention  on  cybercrime.  Turkey  participated  in  the  regular  meetings  of  the 
European Judicial Network (EJN). A website for Eurojust and EJN has been created by the 
Ministry of Justice on which all requests forwarded to contact points are now being published. 
No steps have been taken to sign a cooperation agreement with Eurojust. Effective personal 
data protection regime is crucial for efficient international judicial cooperation. 

During  the  reporting  period  a  total  of  159  extraditions  were  requested  by  Turkey,.  20 
extraditions were requested by the EU Member States, of which 3 were accepted. Regarding 
mutual  legal  assistance  on  criminal  matters,  1,986  requests  were  received  by  Turkey  and 
2,190 requests from Turkey. 

Overall, alignment with the acquis in this area is at an early stage. 

In the area of police cooperation Turkey is a party to the main international conventions. It 
signed a number of bilateral agreements on police cooperation (Iraq – October 2009, Ukraine 
–  December  2009,  and  Syria  –  December  2009).  The  delay  in  adopting  a  personal  data 
protection  law  is  limiting  police  cooperation  at  international  level  and  conclusion  of  an 
operational cooperation agreement with Europol is still proving difficult. Training has started 
to be delivered to the Turkish National Police staff under the ethical leadership programme. 
This programme is a training package prepared by the council of ethics for public service on 

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ethical  principles  and  ethical  conduct.  Implementation  of  community  policing  aiming  at 
strengthening  public  relations  of  the  Police  is  being  widened  and  institutionalised  in  all 
provinces. 

Overall, further efforts are needed as regards alignment with the acquis in this area.  

Limited  progress  has  been  registered  in  the  fight  against  organised  crime.  A  national 
strategy (2010 – 2015) and action plan (2010 – 2012) against organised crime were signed by 
the  Prime  Minister  in  July  2010.  The  Turkish  National  Police  has  established  witness 
protection units in 60 provinces. Establishment of a national fingerprint and DNA database is 
needed.  Reliable  and  comparable  data  need  to  be  collected  in  relation  to  law  enforcement. 
Inter-agency cooperation remains to be strengthened. 

During the reporting period no significant progress has been noted in the area of combating 
trafficking  in  human  beings.  87  traffickers  were  arrested  and  the  number  of  victims  of 
trafficking  identified  and  assisted  amounted  to  37.  The  general  directorate  for  social 
assistance  and  solidarity  in  the  Prime  Minister’s  Office  has  signed  an  agreement  with  the 
Foundation for Women’s Solidarity and the Human  Resource  Development  Foundation,  the 
two  NGOs  that  are  currently  running  respectively  the  shelters  for  victims  of  trafficking  in 
Ankara  and  Istanbul,  allowing  the  shelters  to  receive  financial  support  amounting  to 
approximately €120,000 for each. 

Institutionally, the support mechanism envisaged to assist the national task force on the fight 
against  human  trafficking  in  its  coordination  tasks  has  not  been  established  as  yet. 
Identification  of  victims  of  human  trafficking  and  provision  of  necessary  support  and 
coordination between the different institutions is undertaken within the framework of National 
Referral  Mechanism  (NRM)  which  includes  all  actively  involved  stakeholders.  Adequate 
management and organisational arrangements are in particular needed for one of the NRM’s 
main features, the 157 helpline. Further work to bring the national legislation into line with 
the  Council  of  Europe’s  Convention  on  action  against  trafficking  in  human  beings  is 
important and so is setting a clear timetable for its ratification.  

Overall, further efforts are needed as regards alignment with the acquis in this area. 

For the fight against money laundering see Chapter 4 

to  meet 

the  requirements  of 

With  regard  to  progress  concerning  the  fight  against  terrorism,  an  Undersecretariat  for 
public order and security has been established in March 2010 in the Ministry of the Interior to 
develop  policies  and  strategies  on  counter-terrorism  and  to  ensure  coordination  among  the 
relevant  institutions.  A  law  is  in  preparation  concerning  the  fight  against  financing  of 
terrorism 
the  Financial  Action  Task  Force  (FATF) 
recommendations on imposing sanctions on persons involved in financing terrorism. Turkey 
has taken decisions to freeze the assets of some of the persons included in the list adopted by 
the  UN  Security  Council.  The  Financial  Crimes  Investigation  Unit  (MASAK)  received  49 
suspicious  transaction  reports  regarding  financing  of  terrorism  in  2009  compared  to  228  in 
2008. MASAK signed memoranda of understanding to exchange information with regard to 
the fight against financing of terrorism and money laundering with its counterparts in Croatia, 
Bosnia and Herzegovina, Ukraine, Japan and Norway. Turkey faced increased terrorist attacks 
from the PKK in 2010, which have prompted preparations for involving professional security 
forces in the fight against terrorism. 

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Turkey has not yet ratified the International Convention for the suppression of acts of nuclear 
terrorism, the Council of Europe Convention on the prevention of terrorism, and the Council 
of  Europe  Convention  on  laundering,  search,  seizure  and  confiscation  of  the  proceeds  from 
crime and on the financing of terrorism. 

Overall, further efforts are needed as regards alignment with the acquis in this area.  

Some progress has been made in the area of the fight against drugs. Following the adoption 
of a national strategy against drugs and drug addiction (2006-2012), local action plans have 
been adopted in 63 provinces. An action plan specific to the fight against drug trafficking in 
rural  areas  was  adopted  in  April  2010.  This  action  plan  needs  to  be  coordinated  with  the 
implementation  of  the  national  action  plan  against  drugs  and  drug  addiction  (2010-2012), 
which  has  not  been  adopted  yet  by  the  Ministry  of  the  Interior  although  the  previous  plan 
(2007-2009) has come to an end. 

Successful operations resulting in seizures of 51,451 kg of cannabis and 16,391 kg of heroin 
were carried out by Turkish law enforcement bodies. In all, 11 controlled delivery operations 
have been made. 453,5 kg heroin, 623 gr cocaine and 2 kg opium were seized as a result of 
those operations. Turkey remains one of the main trafficking routes for drugs to the EU. As 
regards  treatment  of  drug  addicts,  a  new  treatment  centre  has  been  opened  in  Gaziantep  in 
February 2010. Bupronorfin and Naloksan have started to be used as substitute treatment in 
line  with  the  implementing  regulation  for  treatment  centres.  A  new  regulation  on  the 
protection of human health from the damages caused by solvents/inhalants has been issued on 
August  2010  by  the  Ministry  of  Health.  The  regulation  covers  production,  import,  trade, 
supervision, storage and usage areas of these substances.  

The  agreement  concerning  Turkey’s  participation  in  the  European  Monitoring  Centre  for 
Drugs and Drug Addiction (EMCDDA) has still not been ratified. Turkey continues to attend 
Reitox meetings of heads of focal points as an observer. As regards the status of the national 
Reitox  focal  point  (TUBIM),  a  draft  legislation  on  the  establishment  of  a  national  drugs 
observatory  has  been  prepared  and  needs  to  be  adopted.  TUBIM  human  resources  capacity 
increased from 9 to 17 but it has no autonomous budget in particular for full data collection. 
The  capacity  of  TUBIM  should  be  further  strengthened  and  stabilised.  A  more  balanced 
approach  towards  drugs  supply  and  demand  reduction  needs  to  be  followed  also  through 
strengthening treatment and rehabilitation facilities.  

Overall, further efforts are needed as regards alignment with the acquis in this area.  

Some  progress  can  be  reported  in  the  area  of  customs  cooperation,  with  regard  to 
enforcement  capacity.  The  Undersecretariat  for  customs  strengthened  its  vehicle  tracking 
system and mobile inspection units. One scanner was installed in Hamzabeyli border crossing 
points  that  further  enhance  their  enforcement  capacity.  Coordination  between  the  customs 
enforcement and other law enforcement agencies at the border needs to be strengthened. Risk-
based  controls  need  to  be  improved.  Turkey  continued  to  be  one  of  the  main  suppliers  of 
counterfeit goods seized at EU customs and lacks enforcement capacity for IPR controls on 
both imports and exports. 

Overall, further efforts are needed as regards alignment with the acquis in this area.  

For counterfeiting of the euro see Chapter 32.  

Conclusion 

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Progress,  albeit  uneven,  has  been  achieved  in  the  area  of  justice,  freedom  and  security. 
Substantial progress was made towards finalising negotiations on an EU-Turkey readmission 
agreement.  Institutional  arrangements  on  migration  and  asylum  need 
to  set  clear 
responsibilities  for  all  institutions  concerned  and  endow  them  with  the  necessary  resources 
and skills to handle the assigned tasks efficiently. Some progress can be reported in the area 
of  drugs  and  customs  cooperation.  Limited  progress  can  be  reported  in  the  area  of  external 
borders and Schengen, organised crime and terrorism. Little progress has taken place in the 
area of visa policy. There has been no progress on judicial cooperation in criminal and civil 
matters.  Overall,  legislation  currently  being  drafted  needs  to  be  adopted,  and  signed 
international agreements need to be ratified, as a matter of urgency. 

4.25.  Chapter 25: Science and research 

Good  progress  can  be  reported  in  the  area  of  science  and  research  policy.  A  number  of 
regulatory  arrangements  were  made  to  encourage  international  researchers  to  stay  longer  or 
settle  permanently  in  Turkey.  A  new  support  programme  was  launched  to  encourage  the 
return  to  Turkey  of  Turkish  researchers  who  have  completed  their  doctoral  studies  but 
currently live abroad.  

At  its  December  2009  meeting,  the  Turkish  Supreme  Council  for  Science  and  Technology 
(SCST) decided to begin preparing a national science, technology and innovation action plan 
for  the  period  2011-2016.  At  the  June  meeting,  the  SCST  decided  to  establish,  under  the 
coordination  of  TUBİTAK,  Work  Groups  consisting  of  experts  from  the  public  and  private 
sector as well as from universities to prepare national research and innovation strategies in the 
fields of energy, water and food.  

R&D  expenditure  under  the  national  support  programmes  grantedby  the  Turkish  Scientific 
and Technological Research Council (Tübitak) was increased to €310 million (€210 million 
for industrial R&D) in 2009, from €205 million (€150 million for industrial R&D) in 2008, 
representing a 50% increase overall. A total of 62 new private-sector R&D centres have been 
approved by the Turkish Ministry of Trade and Industry. This was the first result of the R&D 
Law,  adopted  in  March  2008,  which  aims  to  encourage  research  and  technological 
development  activities  by  providing  a  number  of  incentives  and  support  mechanisms  for 
investors and SMEs (tax incentives and elimination of some bureaucratic obstacles to R&D). 

The expenditure on research increased to €5.63 billion, from €5.47 billion in 2007, reaching 
0.73% of GDP. This is well below the national target of attaining 2% by 2013. In July 2010, 
the  Board  of  the  European  Investment  Bank  (EIB)  approved  an  investment  loan  of  €300 
million aiming, in co-financing with the Turkish Undersecretariat of Treasury, to strengthen 
the research infrastructure capacity for a sustainable future. 

The administrative capacity of Tübitak has been reinforced through recruitment of new staff. 
This brought about a 15% personnel increase at Tübitak. 

The  level  of  Turkish  participation  in  the  7th  Framework  Programme  for  Research  and 
Technological Development (FP7) further improved but efforts remain necessary to increase 
the research capacity and scientific excellence. The discussions with the Commission on the 
update  the  action  plan  covering  the  period  2010-2011  are  ongoing  aiming  at  supporting 
Turkey's take up of FP7 projects are ongoing. 

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Active cooperation with the Joint Research Centre (JRC) continued through the participation 
of  Turkish  researchers  in  JRC  workshops,  high-level  meetings  and  JRC  projects  and 
networks, and the secondment of Turkish researchers to JRC institutions.  

Turkey launched, in June 2010, an online consultation process targeting the Turkish research 
community to determine their national positions for FP8. The outcome will then be submitted 
to the Commission to contribute to FP8 preparations. 

Negotiations  and  preparations  for  the  association  to  the  Seventh  Euratom  Framework 
programme through the conclusion of a S&T Agreement are ongoing. 

Concerning its integration into the European Research Area (ERA), Turkey is participating 
in  seven  Joint  Programming  Initiatives,  which  aim  to  address  major  European  societal 
challenges  by  harmonising  national  research  activities.  Turkey  participates,  as  an  associated 
country, in the Strategic Energy Technology Plan (SET Plan), and is committed to strengthen 
its  research  efforts  accordingly.  Turkey  further  increased  the  number  of  scientists  and 
improved  the  mobility  of  researchers.  Turkey  actively  participates  in  all  advisory  bodies  on 
the  European  Research  Area  including  the  ERAC  (European  Research  Area  Committee)  as 
observer. 

Turkey actively participates in all advisory bodies on the European Research Area including 
the ERAC (European Research Area Committee) as observer.  

Conclusion 

Turkey  is  well  prepared  in  the  area  of  science  and  research  and  good  progress  has  been 
achieved  towards  future  integration  into  the  European  Research  Area.  Overall,  Turkey’s 
participation  and  success  rate  in  Framework  Programmes  are  on  the  rise.  However,  further 
efforts  are  required  to  maintain  these  rates  all  through  the  7th  Framework  Programme  for 
Research and Technological Development (FP7). 

4.26.  Chapter 26: Education and culture 

There has been some progress in the area of education, training and youth. 

The  Ministry  of  National  Education  adopted  its  strategic  plan  2010–2014  including  targets 
and  performance  indicators  for  the  implementation  of  Turkey’s  reform  agenda  in  line  with 
key EU standards, including the European Qualification Framework. 

A  Green  Paper  for  the  restructuring  of  the  services  of  the  Ministry,  notably  in  vocational 
education and training, was finalised. 

Turkey  improved  its  performance  in  all  the  areas  in  which  EU-level  benchmarks  have  been 
set for 2010 and 2020, but remains in general well below the EU average, in particular for the 
rate  of  early  school  leavers  and  participation  of  adults  in  lifelong  learning.  The  enrolment 
rates continued to increase at all educational levels. In particular, following the introduction of 
compulsory  pre-school  education  in  32  pilot  provinces,  the  enrolment  rate  for  pre-school 
education  rose  to  39%.  The  same  measure  was  extended  to  57  provinces  in  the  school  year 
2010-11  and  is  to  cover  all  provinces  in  the  school  year  2012-2013.  In  the  area  of  higher 
education, with the establishment of 7 new state and 1 private universities in 2009 and 2010 
the total number of universities in Turkey has reached 154. The share of 30-34 years having 
successfully completed tertiary education increased to 14.7 % in 2009.  

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Turkey  is  at  an  advanced  stage  of  implementing  the  Bologna  process  recommendations. 
However,  there  are  a  number  of  challenges  ahead.  These  are  recognition  of  qualifications, 
quality  assurance  and  establishment  of  a  national  qualifications  framework  based  on  the 
European Qualifications Framework (EQF).  

The Lifelong Learning and Youth in Action programmes continue to attract grant applications 
far  exceeding  the  available  budget.  In  2009,  more  than  1200  project  applications  and  some 
10,000  individual  mobilities  were  funded.  In  2010,  Turkey’s  financial  contribution  to  the 
programmes reached almost €80 million and was paid in time. 

In the area of culture, Turkish operators continued to participate in the Culture programme, 
although as project co-organisers and not as lead applicants. In addition, Turkey also took part 
in the European Cultural Heritage Days. In April 2010, departments of, respectively, Kurdish, 
Arab and Assyrian language and culture were established at Mardin University.  

Despite  the  resignations  of  key  players  from  the  organisational  structure,  the  activities  for 
Istanbul 2010 European Capital of Culture were launched in January. The agency responsible 
for the events, Istanbul 2010, selected nearly 600 projects, two thirds of which are related to 
urban rehabilitation/restoration while the remainder involve arts events. The agenda covers all 
aspects of traditional as well as contemporary arts. Youth, children, artists and the public at 
large have all been targeted.  

Turkey has not yet ratified the UNESCO Convention on the protection and promotion of the 
diversity of cultural expressions. 

Conclusion 

There  has  been  some  progress  in  this  chapter,  in  particular  in  the  area  of  education.  The 
overall  school  enrolment  continued  to  increase  and  Turkey  continued  to  improve  its 
performance against the EU common benchmarks. There has been some progress in the area 
of culture but no progress on legislative alignment. 

4.27.  Chapter 27: Environment 

Limited  progress  can  be  reported  on  horizontal  legislation.  The  scope  of  the  by-law  on 
environmental  impact  assessment  (EIA)  has  been  extended  and  the  EIA  Directive  is  now 
transposed to a large degree. However, procedures for public and transboundary consultations 
have not been fully aligned and implemented. There are increasing national and international 
public concerns over the planned Turkish-Russian nuclear power plant project to be built on 
the eastern Mediterranean coast of Turkey, where seismic activity may create high risks and 
for  which  so  far  no  EIA  or  strategic  environmental  assessment  (SEA)  has  been  carried  out. 
Turkey  started  discussions  with  Bulgaria  with  the  view  to  concluding  an  agreement  that 
would address the transboundary aspects of the environmental impact assessment for the EU-
backed  Nabucco  pipeline  project  to  be  built  across  the  frontier  of  the  two  countries. 
Transposition of the SEA Directive is at an early stage.  

Some  progress  has  been  achieved  on  air  quality.  The  legislation  relating  to  the  sulphur 
content  of  certain  liquid  fuels  has  been  fully  aligned  with  the  acquis.  A  by-law  on  waste 
incineration was adopted. Turkey became a party to the Stockholm Convention on persistent 
organic pollutants. The administrative capacity for implementing the Directive on ambient air 
quality is not sufficient.  

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Good progress can be reported in the field of waste management. Turkey adopted its national 
waste  management  plan  for  2009–2013.  Legislation  on  the  control  of  hazardous  waste,  on 
receipt of waste from ships and on control of waste has been amended in line with the acquis. 
New  legislation  on  end-of-life  vehicles  has  been  adopted.  Legislation  on  the  sanitary 
landfilling of waste was adopted, including provisions from the Waste Framework Directive 
on reducing the percentage of biodegradables. A by-law on the reclamation of land degraded 
by mining activities has also been adopted. Some EU companies complained about barriers to 
trade  created  by  implementation  of  the  by-law  restricting  the  use  of  certain  hazardous 
substances in electrical and electronic equipment. 

There has been little progress in the area of water quality. Legislation on the control of water 
pollution was amended so as to regulate permit procedures. A high-level steering committee 
for  water  quality  management  was  set  up  in  order  to  increase  coordination  among  the 
institutions involved and with the aim to develop strategies and policies for further alignment 
with  the  acquis.  The  institutional  framework  for  water  management  is  fragmented  and  not 
organised at river basin level. A number of basin protection action plans have been drafted, 
which  will  eventually  be  converted  into  river  basin  management  plans.  Transboundary 
consultations on water issues are still at a very early stage. Turkey signed with Greece a joint 
declaration providing for increased cooperation on the management of the Meric/Evros river 
basin. 

No  progress  can  be  reported  on  nature  protection.  The  draft  law  on  nature  protection  and 
biodiversity, submitted to the Turkish parliament, raises concerns, in particular as regards the 
abolition of the current protection status of many sites that would be a useful contribution to 
the  Turkish  Natura  2000  network.  The  national  biodiversity  strategy  and  action  plan,  and 
implementing  legislation  on  birds  and  habitats  remain  to  be  adopted.  There  is  growing 
concern  about  the  negative  effects  on  potentially  protected  species  of  flora  and  fauna  of 
building  new  water  and  energy  infrastructure  in  the  eastern  part  of  the  country.  The  list  of 
potential Natura 2000 sites  has not yet been compiled. An amendment  to  the  by-law  on  the 
protection  of  wetlands  has  weakened  the  protection  status  of  wetlands,  which  are  protected 
under  the  Convention  on  Wetlands  of  International  Importance.  Responsibility  for  nature 
protection is not clearly allocated between the various competent institutions. 

Limited  progress  can  be  reported  regarding  industrial  pollution  control  and  risk 
management. The legislation on the control of industrial air pollution was amended in order 
to regulate the permit procedures. By-laws on large combustion plants and on the control of 
major-accident  hazards  were  adopted.  Introduction  of  an  integrated  permit  system  is  at  an 
early stage.  

There has been some progress in the field of chemicals. Legislation on biocidal products was 
adopted. The capacity is insufficient for effective implementation. 

Very limited progress was made regarding climate change. Some progress was made on trade 
in ozone-depleting substances. Turkey began implementing legislation transposing the acquis 
on  the  availability  of  consumer  information  on  fuel  economy  and  CO2  emissions  in 
connection  with  the  marketing  of  new  passenger  cars.  A  national  climate  change  strategy 
was adopted by  the  Ministry  of  Environment  and  Forestry  with  UNDP/GEF  support. 
Moreover, a climate change department was established within the Ministry of Environment 
and Forestry and a high level coordination committee for climate change was set up in order 
to increase coordination among government institutions. However, no preparations for the EU 
Emissions Trading Scheme  have started  yet. Turkey submitted its greenhouse gas inventory 

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but  has  not  submitted  its  fifth  national  communication  so  far.  In  the  international  climate 
negotiations on the post 2012 agreement, Turkey has had a tendency not to align with the EU 
positions lately. It has not associated itself with the Copenhagen Accord either. Turkey’s aim 
to  limit  greenhouse  gas  emission  growth  by  11% from  the  projected  2020  emissions  on  the 
basis of the business as usual scenario cannot be considered to be ambitious. 

Legislative  alignment  in  the  field  of  noise  is  well  advanced.  However,  preparation  of  noise 
maps and action plans is still at an early stage. 

Some  progress  has  been  made  in  the  area  of  administrative  capacity.  The  Law  on 
environmental  permissions  and  licences  was  adopted  to  enhance  the  environmental 
inspectorates. Mechanisms to coordinate the work between administrative bodies at different 
levels  were  put  in  place.  No  progress  has  been  made  towards  establishing  a  national 
environment  agency.  Administrative  capacity  needs  further  strengthening, 
including 
coordination  between  the  relevant  authorities  at  all  levels.  Environmental  protection 
requirements  are  still  not  taken  into  account  in  the  framing  of  policies  and  in  the 
implementation of infrastructure projects.  

Conclusion 

Overall,  progress  was  made  towards  further  alignment.  Preparations  in  the  field  of 
environment  are  at  an  early  stage.  Turkey  has  made  good  progress  on  waste  management 
whereas  limited  progress  can  be  reported  on  horizontal  legislation,  air  and  water  quality, 
industrial  pollution,  chemicals  and  administrative  capacity.  Turkey  has  made  very  limited 
progress as regards climate change and no progress in the area of nature protection. Turkey 
made  progress  on  administrative  capacity  by  putting  in  place  mechanisms  to  coordinate  the 
administrative  bodies  at  different  levels  in  this  field.  Investments  in  the  field  of  the 
environment need to be increased.  

4.28.  Chapter 28: Consumer and health protection 

There has been little progress in the area of consumer protection. The consumer movement 
is  still  weak  and  does  not  receive  government  support.  Better  dialogue  as  well  as  active 
participation  by  NGOs  in  policy-  and  law-making  mechanisms  needs  to  be  ensured,  but 
government activity is low in this respect.  

Some  progress  can  be  reported  in  the  field  of  product  safety-related  issues.  The 
Undersecretariat  for  foreign  trade  issued  legislation  streamlining  surveillance  reports  and 
notifications.  A  national  market  surveillance  strategy  for  2010-2012  was  adopted.  Market 
surveillance activities have continued to increase and the Undersecretariat’s report on market 
surveillance activities performed in 2009 is a notable step towards the systematic collection of 
comparable data. The use of risk assessment methods, which would help optimise the use of 
limited market surveillance budgets, remains insufficient, as is evaluation of the effectiveness 
of  actions.  Market  surveillance  needs  to  be  further  improved  through  enhanced  visibility, 
involvement  of  consumer  organisations  and  awareness  among  the  general  public  of  the 
concept  of  risky  products,  as  well  as  better  coordination  within  and  between  surveillance 
agencies, including the use of IT tools. The revision of the general product safety legislation is 
pending, which is a key element for the accession negotiations in this chapter. [See Chapter 1] 

There  has  been  little  progress  in  the  area  of  non-safety  related  issues.  Adoption  of  the 
consumer protection law is pending too, which is a key element for the accession negotiations 

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in  this  chapter.  The  consumer  portal  providing e-application  services  to  consumers  for  their 
their  complaints 
complaints  has  been  made  operational.  Consumers  can  now  file 
electronically and the complaint is directed to the consumer arbitration committee. This is a 
positive  step  to  speed  up  the  arbitration  process  and  ease  access  to  information  for  the 
consumer  courts.  Follow-up  of  the  decisions  of  the  advisory  Consumer  Council,  and 
consistent legal interpretation of the consumer laws by the courts and arbitration committees 
need to be ensured. Specialisation of the arbitration committees needs to be improved. 

Some progress can be reported in the field of public health. 

Regarding  horizontal  aspects,  the  Ministry  of  Health  published  its  first  strategic  plan, 
covering  the  years  2010-2014.  The  plan  aims  to  improve  and  enhance  the  well-being  of 
society  by  combating  threats  to  health,  improving  the  safety  and  quality  of  health  services, 
and  responding  to  health  needs  on  the  basis  of  equity  and  accessibility  through  a  human-
centred  service  approach.  The  introduction  of  a  family  medicine  system  aims  to  better 
respond  to  health  needs  and  monitoring  the  population's  health  status,  which  currently  is 
constrained by the limited number of family physician specialists and the absence of a well 
designed reporting system.  

As regards tobacco, Turkey largely fulfils the acquis requirements. Only final verifications of 
provisions  on  export  of  tobacco  products  and  implementing  measures  remain  outstanding. 
The  Turkish  authorities  have  identified  14  pictorial  warnings  which  must  be  used  for  all 
tobacco products produced. Efforts have been made to raise the awareness in the fight against 
smoking. As a result of relatively successful implementation of the smoking ban in all public 
places  since  2009,  Turkey  observed  the  lowest  cigarette  consumption  level  in  five  years 
during the first quarter of 2010. However, the smoking ban was challenged with reference to 
personal freedoms and business interests, and a Constitutional Court procedure was launched.  

In  the  field  of  communicable  diseases  little  progress  was  made.  Acquis  alignment  is 
moderately advanced, and harmonisation regarding notifiable diseases and case definitions to 
ensure  compatibility  and  comparability  of  data  at  EU  level  continued.  However  law 
enforcement is insufficient, and no progress was reported on strengthening the administrative 
structures  for  systematic  monitoring,  follow-up  and  implementation  of  control  and 
surveillance measures, or on the establishment of the national institute of public health. The 
trial to establish an early warning and response system for intestinal diseases was expanded to 
another 10 provinces. 

There  has  been  some  progress  in  the  area  of  blood  and  blood  components.  Legislative 
harmonisation  is  well  advanced.  Further  alignment  efforts  concerning  definitions  and 
standards are ongoing. It still remains to be verified whether the enforcement capacity to carry 
out  monitoring,  surveillance  and  inspection  tasks  is  sufficient  and  competent  authorities  are 
fully defined. Preparations in this area are ongoing. 

There  has  been  some  progress  in  the  area  of  tissues  and  cells.  An  implementing  regulation 
was adopted but it remains to be verified whether this legislation fully responds to EU acquis. 
The  national  cell  coordination  centre  (Türkök)  has  not  become  operational  yet  and 
administrative  capacity  for  surveillance  activities  in  this  area  needs  to  be  reinforced. 
Preparations  for  alignment  with  the  EU  acquis  for  all  types  of  tissues  and  cells 
(musculoskeletal, cardio-vascular, cornea, ART, etc.) are still ongoing.  

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No  progress  can  be  reported  in  the  field  of  mental  health.  The  mental  health  action  plan  is 
finalised but has yet to be adopted. Overall, preparations in this area are at an early stage. 

Little progress can be reported in the field of cancer. The physical infrastructure to conduct 
community-based screening programmes is in place. The screening of target groups for breast 
and cervical cancers has reached 12% and 18% respectively (target 70% by 2015). Drafting of 
the regulation on electromagnetic fields is in progress. The national cancer institute has yet to 
be established. Preparations in this area are on track. 

Conclusion 

Some  progress  can  be  reported  on  consumer  and  health  protection.  In  the  area  of  consumer 
protection,  more  efforts  are  still  necessary,  in  particular  on  non-safety  related  issues,  to 
strengthen the consumer movement and to ensure proper enforcement of consumer protection 
in  general.  Coordination  and  cooperation  between  stakeholders  remain  weak.  In  the  area  of 
public  health,  there  has  been  good  progress  in  terms  of  legislative  alignment.  However, 
enforcement  remains  insufficient  in  areas  other  than  tobacco.  The  administrative  structures 
and  enforcement  powers  necessary  to  implement  the  transposed  legislation  and  monitor 
progress require strengthening. Preparations in the area of consumer and health protection are 
on track. 

4.29.  Chapter 29: Customs Union 

There has been some progress with regard to customs legislation. 

Turkey adopted the provisions implementing its new customs law, further aligning its customs 
rules with the EU acquis. The Undersecretariat for customs adopted implementing legislation 
on binding tariff information that limits the rights of economic operators to apply for binding 
tariff  information,  particularly  those  importing  products  that  are  subject  to  mandatory 
laboratory testing. The Undersecretariat amended the implementing provisions on laboratory 
controls for processed agricultural products to limit mandatory laboratory controls exclusively 
to  cases  where  the  products  are  imported  in  bulk  or  their  tariff  classification  cannot  be 
determined  by  customs.  The  overall  level  of  alignment  with  the  EU  acquis  in  the  field  of 
customs  rules  is  high  thanks  also  to  the  existence  of  the  EU-Turkey  Customs  Union. 
However, further alignment is required with regard to customs rules on intellectual property 
rights and on the exemptions granted to goods used or consumed in the free zones regulated 
by  the  Undersecretariat  for  foreign  trade.  The  Turkish  duty  relief  legislation  allowing  duty-
free shops at entry points is not in line with Turkey’s Customs Union obligations. 

There  has  been  no  alignment  regarding  the  rules  on  surveillance  of  imports  and  exports  of 
goodsand  tariff  quotas.  In  particular,  the  legislation  for  tariff  quotas  provided  for  processed 
agricultural products is not in place and the management of the few existing tariff quotas is 
not in line with EU standards. Products originating outside the EU but in free circulation in 
the EU market are still subject to product safety inspections in Turkey, even if the goods have 
already  been  cleared  by  customs  in  the  EU,  bear  the  CE  mark  and  are  accompanied  by  an 
ATR  movement  certificate.  In  the  context  of  these  inspections,  economic  operators  are 
systematically obliged to submit a declaration of origin before customs clearance. Requiring 
operators to declare the origin of products before their customs clearance is an infringement 
of the Customs Union. 

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As  regards  administrative  and  operational  capacity,  some  progress  can  be  reported.  The 
Undersecretariat  strengthened  its  vehicle  tracking  system  and  mobile  inspection  units. 
Through public-private partnership contracts signed with Turkish private sector organisations, 
the  Undersecretariat  was  supplied  with  scanners  that  further  enhanced  its  enforcement 
capacity  at  some  border  crossing  points.  The  Undersecretariat  has  to  improve  its  risk-based 
analysis with a view to applying it soundly and uniformly throughout all customs offices. The 
feedback reporting mechanisms between the Undersecretariat’s central risk analysis units and 
regional customs teams should be reinforced. Coordination between customs enforcement and 
other  law  enforcement  agencies  at  the  border  needs  to  be  improved.  Simplified  procedures 
need  to  be  applied  in  order  to  facilitate  legitimate  trade  by  reducing  physical  inspections. 
Turkey continued to be one of the main suppliers of counterfeit goods seized at EU customs 
and lacks enforcement capacity for IPR controls on both imports and exports. 

Further  efforts  were  made  towards  achieving  IT  interconnectivity  with  the  EU  systems  on 
transit (NCTS) and tariffs (TARIC, Quota, and Surveillance). Turkey reached a high level of 
alignment  in  the  field  of  transit  with  a  view  to  starting  the  process  for  acceding  to  the 
Common Transit Convention (CTC). Turkey needs to step up its efforts to introduce paperless 
customs  procedures  incorporating  one-stop  controls.  No  progress  can  be  reported  regarding 
the  adoption  of  an  IT  strategy  by  the  Undersecretariat.  The  Undersecretariat  published  an 
information notice on setting the rules determining the preferential origin of products in the 
framework of the Pan-Euro Med system of cumulation. 

‘Customs Union’ is one of eight chapters covered by the conclusions on Turkey adopted by 
the Council (General Affairs and External Relations) on 11 December 2006 and endorsed by 
the European Council on 14/15 December 2006. As long as restrictions remain in place on the 
free movement of goods carried by vessels and airplanes registered in Cyprus or whose last 
port  of  call  was  in  Cyprus,  Turkey  will  not  be  in  a  position  to  implement  fully  the  acquis 
relating to this chapter. 

Conclusion 

The  Customs  Union  has  enabled  Turkey  to  reach  a  high  level  of  alignment  in  this  field  in 
terms of both legislation and administrative capacity. However, the duty-free status of shops 
located at entry points is not in line with the acquis. Legislation on free zones, surveillance 
and tariff quotas which are regulated by the Undersecretariat for foreign trade still needs to be 
aligned.  Requiring  importers  of  products  which  are  in  free  circulation  in  the  EU  market  to 
submit  information  on  origin  prior  to  customs  clearance  is  not  in  line  with  the  Customs 
Union. Further efforts are required to improve risk-based controls and simplified procedures 
in  order  to  facilitate  legitimate  trade  and  reduce  physical  controls.  The  Undersecretariat  for 
customs must deliver on its commitment to effectively enforce intellectual property rights and 
combat counterfeit goods. 

4.30.  Chapter 30: External relations 

Some progress can be reported in the field of the common commercial policy. 

Turkey’s level  of alignment with  the  EU’s  common  commercial  policy  remains  high.  Good 
progress was recorded in the alignment of the Turkish general system of preferences (GSP). 
Iraq was included in the list of countries to which Turkey applies its GSP. Turkey adopted the 
GSP  scheme,  including  for  processed  agricultural  products  in  terms  of  their  industrial 

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component. Further alignment with the EU’s GSP, in particular with regard to its geographic 
coverage, is needed. 

Turkey  decided  to  extend  for  three  years  the  safeguard  measures  imposed  in  four  cases 
(footwear,  motorcycles,  steam  irons,  and  vacuum  cleaners),  which  have  been  in  place  since 
2006. Turkey has made increasing use of safeguard measures over the last four years.  

There has been progress on bilateral agreements with third countries. During the reporting 
period, Turkey signed a free trade agreement with Jordan. 

Turkey’s level of coordination with the EU within the World Trade Organisation, in particular 
as  regards  the  Doha  Development  Agenda,  has  been  satisfactory  but  there  is  still  room  for 
improvement in this area, notably in the field of agriculture and trade facilitation. Within the 
OECD, the coordination has been satisfactory. 

No progress can be reported on medium- and long-term export credits, as well as on dual use 
goods.  Concerning  dual-use  export  controls,  Turkey  has  not  aligned  itself  with  the  EU 
position on membership of certain suppliers’ groups, such as the Wassenaar Arrangement on 
export controls for conventional arms and dual-use goods and technologies, and the Missile 
Technology Control Regime.  

Turkey made some progress in the field of development policy and humanitarian aid. The 
total  amount  of  official  development  aid  granted  by  Turkey  reached  some  €707  million  in 
2009. The level of alignment remained satisfactory in this field. 

‘External relations’ is one of eight chapters covered by the conclusions on Turkey adopted by 
the Council (General Affairs and External Relations) on 11 December 2006 and endorsed by 
the European Council on 14/15 December 2006. As long as restrictions remain in place on the 
free movement of goods carried by vessels and airplanes registered in Cyprus or whose last 
port  of  call  was  in  Cyprus,  Turkey  will  not  be  in  a  position  to  implement  fully  the  acquis 
relating to this chapter. 

Conclusion 

Although Turkey has achieved a high level of alignment in this area, owing to the Customs 
Union, alignment has not yet been completed and further work remains to be done in many 
areas,  in  particular  on  the  general  system  of  preferences  with  regard  to  its  geographical 
coverage.  

4.31.  Chapter 31: Foreign, security and defence policy 

The regular political dialogue between the EU and Turkey continued to cover international 
issues  of  common  interest,  including  Iraq,  Iran,  the  South  Caucasus,  Pakistan,  Afghanistan, 
the Middle East peace process and the Balkans. (Concerning neighbourly relations with other 
enlargement countries and Member States, see Section 2.3 — Political criteria) 

As regards the common foreign and security policy (CFSP), in the reporting period, Turkey 
aligned  itself,  when  invited,  with  54  out  of  73  the  relevant  EU  declarations  and  Council 
decisions (74 % alignment). 

Bilateral  relations  with  Iraq  continued  to  develop  positively.  Turkey  maintained  close 
contacts with Iraqi authorities. Several high-level visits took place, including those by vice-

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President  Adil  Abdul  Mahdi  and  Kurdish  regional  government  President  Massoud  Barzani. 
Turkey held extensive consultations with Iraqi political factions in the aftermath of the March 
general election. 

As  for  relations  with  Iran,  Turkey  sees  Iran  as  an  important  partner  in  the  region  and  has 
sought to further develop its relations with that country. Turkey has confirmed its opposition 
to Iran’s military nuclear programme. Turkey, together with Brazil, negotiated an agreement 
with Iran concerning a fuel swap deal for the Tehran Research Reactor (TRR). Turkey did not 
support the EU, US and other countries in the UN Security Council for additional sanctions 
against Iran. 

As regards relations with the South Caucasus and Central Asia, Ankara gave full support to 
the  interim  government  established  in  Kyrgyzstan  after  the  uprising  in  April  and  provided 
immediate  humanitarian  assistance.  A  strategic  partnership  agreement  was  signed  with 
Kazakhstan.  Turkey  will  chair  the  Conference  on  Interaction  and  Confidence  Building 
Measures  (CICA)  in  Asia  until  2012  and  hosted  the  CICA  summit  in  June.  The  protocols 
signed with Armenia to normalise relations are still not ratified.  

As regards the Middle East, Turkey’s seeks to play a constructive role, notably by offering a 
mediator role between Israel and Syria. Relations with Syria improved substantially with both 
countries  lifting  visa  restrictions  and  setting  up  a  strategic  cooperation  council.  Turkey 
continues  to  contribute  to  stabilisation  in  Lebanon,  through  diplomatic  activities  and  its 
participation in UNIFIL. However, relations with Israel deteriorated after the Gaza conflict, 
and in particular following the Gaza flotilla incident. 

Turkey  continued  its  efforts  to  bring  Afghanistan  and  Pakistan  closer.  Turkey  remains 
engaged in NATO’s International Security Assistance Force (ISAF). It assumed command of 
the Kabul region for the second time as of 31 October 2009. Ambassador Engin Soysal was 
nominated  UN  special  envoy  for  assistance  to  Pakistan.  Turkey  organised  two  trilateral 
summits  in  Istanbul  and  also  hosted  the  Istanbul  Summit  on  Friendship  and  Cooperation  in 
the Heart of Asia. Turkey hosted the fourth Regional Conference on Afghanistan (RECCA). 

Turkey  intensified  its  economic  and  political  ties  with  Russia  and  China.  The  relations 
between  Turkey  and  Russia  were  marked  by  an  exchange  of  high-level  visits.  A  high-level 
strategic cooperation council between the two countries was established.  

Turkey continued to intensify its relations with African and Latin American countries. Several 
high-level visits were made by the President and the Prime Minister.  

Relations  with  the  United  States  have  been  marked  by  tensions.  Turkey  withdrew  its 
Ambassador  for  a  short  period  after  the  Foreign  Relations  Committee  of  the  House  of 
Representatives  adopted  a  resolution  recognising  the  killings  of  Armenians  in  1915  as 
genocide.  

No particular developments can be reported as regards restrictive measures.  

Concerning  non-proliferation  of  weapons  of  mass  destruction,  Turkey  has  not  aligned  itself 
with  the  EU  position  on  membership  of  certain  suppliers’  groups,  such  as  the  Wassenaar 
Arrangement on export controls for conventional arms and dual-use goods and technologies. 
(For dual-use goods, see Chapter 30 — External relations)  

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With regard to cooperation with international organisations, Turkey continues holding a non-
permanent  seat  in  the  UN  Security  Council  in  2010.  The  third  forum  of  the  UN-backed 
Alliance  of  Civilisations  was  held  in  Rio  in  May.  Although  Turkey  is  not  a  member  of  the 
League of Arab States, it attended the last two meetings of the League and hosted the third 
meeting  of  Foreign  Ministers  of  the  Turkish-Arab  Cooperation  Forum  (TAC).  Turkey  also 
enjoys  observer  status  in  the  Organisation  of  African  States.  In  2010,  a  member  of  the  AK 
party was elected president of the Parliamentary Assembly of the Council of Europe. Turkey 
has not signed the statute of the International Criminal Court. 

Turkey extended for one year the navy’s participation in an international task force to join the 
UN-led international anti-piracy coalition in Somalia.  

As  regards  the  common  security  and  defence  policy  (CSDP),  Turkey  is  continuing  to 
contribute  to  the  EU-led  military  mission  in  Bosnia  and  Herzegovina  (EUFOR/Althea). 
Turkey is also contributing to EUPM, the EU-led police mission in Bosnia and Herzegovina 
and to the EU rule of law mission (EULEX) in Kosovo. The issue of EU-NATO cooperation 
that would involve all EU Member States beyond the 'Berlin plus arrangements' remains to be 
resolved. 

Conclusion 

Turkey’s alignment with the EU’s common foreign and security policy has continued. Turkey 
has sought dialogue and consultation with the EU on various foreign policy issues. Through 
its ‘zero problems with neighbours’ policy Turkey made efforts to normalise relations with its 
neighbouring countries such as Greece and Armenia (see section 2.3 — Regional issues and 
international  obligations),  Iraq,  including  the  Kurdish  regional  government,  and  Syria. 
Relations  with  Israel  have  significantly  deteriorated.  Turkey  is  contributing  substantially  to 
the  CSDP  and  seeking  greater  involvement  in  CSDP  activities.  The  issue  of  EU-NATO 
cooperation that would involve all EU Member States beyond the 'Berlin plus arrangements' 
remains to be resolved. Turkey has not aligned itself with the EU position on membership of 
the Wassenaar Arrangement.  

4.32.  Chapter 32: Financial control 

There  has  been  limited  progress  on  public  internal  financial  control  (PIFC),  where 
alignment  with  the  acquis  is  advanced.  Budget  spending  units  started  to  submit  their  action 
plans  for  harmonisation  with  public  internal  control  standards  to  the  central  harmonisation 
unit for financial management and control (CHU-FMC), in line with the guide published last 
year.  

The  2002  public  internal  financial  control  (PIFC)  policy  paper  and  the  related  action  plan 
remain  to  be  updated,  following  which  the  Public  Financial  Management  and  Control  Law 
(PFMCL)  will  have  to  be  amended.  These  documents  will  have  to  address  the  issues  of 
managerial  accountability,  delineation  of  control,  audit  and  inspection  functions,  as  well  as 
the establishment of a permanent central harmonisation unit for internal audit (CHU-IA). The 
location of the CHU-IA is crucial to ensure that the modern public internal audit profession 
can  develop  under  optimum  conditions.  The  steering  role  of  the  Ministry  of  Finance  in  the 
reform process needs to be further reinforced.  

No  progress  can  be  reported  in  the  area  of  external  audit.  The  revised  law  on  the  Turkish 
Court  of  Accounts  has  been  pending  in  parliament  since  2005.  This  law  is  to  provide  the 

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institution  with  the  legal  and  structural  bases  for  its  extended  mandate  and  to  align  audit 
practices with relevant international standards.  

Some progress can be reported on protection of the EU’s financial interests. There has been 
good operational cooperation between the European Anti-fraud Office (OLAF) and the Prime 
Ministerial  Inspection  Board  (PMIB)  and  the  other  relevant  institutions  in  assessments  and 
investigations  of  suspected  fraud  cases.  In  December  2009  a  circular  issued  by  the  Prime 
Minister’s  Office  formally  appointed  the  PMIB  as  the  permanent  body  responsible  for 
cooperation with OLAF and coordination of the fight against fraud (AFCOS). The strategy for 
improving  transparency  and  combating  corruption  was  adopted  in  February  2010.  Further 
efforts  are  needed  to  ensure  the  operational  independence  of  the  AFCOS  in  reporting  and 
carrying out its tasks as well as to establish a network to operate horizontally in addressing 
prevention, detection and follow-up issues. 

There  have  been  no  developments  concerning  implementation  of  the  Convention  on  the 
protection  of  the  European  Communities’  financial  interests  (PIF  Convention)  and  its 
Protocols.  The  level  of  monitoring  of  the  actual  implementation  of  the  Convention  by  the 
Turkish authorities remains low. Preparations are moderately advanced in this area. 

No  progress  can  be  reported  on  the  protection  of  the  euro  against  counterfeiting. 
Institutions serving de facto as the national analysis centre, national coin analysis centre and 
national central office are yet to be formally appointed to ensure sustainable cooperation with 
the EU institutions. The Turkish legislation does not provide for any sanctions against credit 
institutions that fail to withdraw counterfeits from circulation and against medals and tokens 
similar to euro coins. Preparations remain moderately advanced in this field. 

Conclusion 

Limited progress can be reported in the area of financial control, which already shows a fairly 
advanced level of alignment. Legislation implementing the PFMC Law is in place, whilst the 
PIFC policy paper and action plan require revision. The revised law on the Turkish Court of 
Accounts,  bringing  external audit into line with relevant international standards, has not yet 
been  adopted.  The  Turkish  AFCOS  has  not  yet  evolved  into  an  operational  network. 
Permanent structures are required for contacts with the Commission on the protection of the 
euro against counterfeiting.  

4.33.  Chapter 33: Financial and budgetary provisions 

There  have  been  no  particular  developments  as  regards  the  traditional  own  resources. 
Alignment with the relevant acquis has continued under the linked acquis chapters, resulting 
in customs legislation that largely complies with the acquis. However, additional efforts are 
needed for full alignment and implementation. 

A  national  VAT  system  is  in  operation,  further  assessment  thereof  is  needed  to  ensure  the 
system’s  appropriateness  to  allow  Turkey  to  contribute  properly  to  the  EU  VAT  own 
resources  system  upon  accession.  As  regards  the  Gross  National  Income  (GNI)  resource, 
Turkish  financial  and  statistical  data  were  further  aligned  with  the  European  System  of 
Accounts  (ESA  95).  Further  progress  is  needed  for  full  implementation  of  the  ESA  95 
standards to ensure that the GNI resource is measured appropriately. 

EN 

98 

   EN 

 
No progress can be reported in the field of administrative capacity and infrastructure related 
to  the  application  of  the  own  resources  system  itself.  Turkey  will  need  to  establish 
coordination structures and implementing rules for accurate collection, monitoring, payment 
and control of own resources, and reporting to the EU. 

Conclusion 

Limited  progress  has  been  made  under  this  chapter.  Turkey’s  alignment  with  the  basic 
principles  and  institutions  of  the  acquis  in  this  area  is  well  advanced.  Sound  coordination 
structures, administrative capacity and implementing rules will need to be established in due 
course. Preparedness in the area of the own resources acquis is at an early stage. 

EN 

99 

   EN 

 
Statistical Annex 

STATISTICAL DATA (as of 14 October 2010) 
Turkey 

Basic data 
Population (thousand) 
Total area of the country (km²) 

Note 
1) 
2) 

2000 
2005 
68 582 
64 259 
783 562  783 562  783 562  783 562  783 562  783 562 

2002 
66 009 

2003 
66 873 

2001 
65 135 

2004 
67 734 

2006 
69 421 
783 562 

2007 
70 256 
783 562 

2008 
71 079 
783 562 

2009 
71 897 
783 562 

National accounts 
Gross domestic product (GDP) (million national currency) 
GDP (million euro) 
GDP (euro per capita) 
GDP (in Purchasing Power Standards (PPS) per capita) 
GDP per capita in PPS (EU-27 = 100) 
Real GDP growth rate (growth rate of GDP volume, national currency, % change on 
previous year) 
Employment growth (national accounts, % change on previous year) 
Labour productivity growth: GDP growth per person employed (% change on previous 
year) 
Real unit labour cost growth (national accounts, % change on previous year) 
Labour productivity per person employed (GDP in PPS per person employed, EU-27 = 
100)  
Gross value added by main sectors (%) 

Note 

2000 

2001 

2002 

2003 

2004 

2005 

166 658  240 224  350 476  454 781  559 033  648 932 
289 446  219 816  243 570  269 322  314 304  387 655 

1) 
1) 
1) 

4 504 
8 000.0 
41.9 

3 375 
7 400.0 
37.4 

3 690 
7 400.0 
36.1 

4 027 
7 400.0 
35.7 

4 640 
5 652 
8 600.0  9 100.0b
40.4b 

39.6 

2006 
758 391 
419 013 
6 036 

2007 
843 178 
472 879 
6 731 

2008 
950 534 
501 339 
7 053 

2009 
953 974 
441 600 
6 142 

10 500.0  11 100.0  11 400.0  10 800.0 

44.3 

44.6 

45.4 

45.8 

6.8 
-0.4e 

7.2e 
: 

-5.7 
-1.0e 

-4.7e 
: 

6.2 
-1.8e 

8.1e 
: 

5.3 
-1.0e 

6.3e 
: 

9.4 
3.0e 

6.1e 
: 

8.4 
1.4e 

6.9e 
: 

6.9 
1.3e 

5.5e 
: 

4.7 
1.1e 

3.3 
: 

0.7 
1.8e 

-0.7e 
: 

-4.7 
: 

-5.1 
: 

53.2f 

49.0f 

48.9f 

49.6f 

53.9f 

58.0f 

61.4f 

62.5f 

63.5f 

63.4f 

Agriculture and fisheries 
Industry 
Construction 
Services 

Final consumption expenditure, as a share of GDP (%) 
Gross fixed capital formation, as a share of GDP (%) 
Changes in inventories, as a share of GDP (%) 
Exports of goods and services, relative to GDP (%) 
Imports of goods and services, relative to GDP (%) 

Industry 
Industrial production volume index (2000=100) 

Inflation rate 
Annual average inflation rate (HICP, % change on previous year) 

EN 

Note 

Note 

10.8 
24.6 
5.4 
59.2 
82.2 
20.4 
0.4 
20.1 
23.1 

2000 
: 

2000 
53.2 

100 

9.4 
23.8 
4.7 
62.1 
80.8 
15.9 
-0.9 
27.4 
23.3 

2001 
: 

2001 
56.8 

11.4 
23.2 
4.6 
60.8 
80.8 
16.7 
0.9 
25.2 
23.6 

2002 
: 

2002 
47.0 

11.1 
23.5 
4.5 
60.8 
83.4 
17.0 
0.6 
23.0 
24.0 

2003 
: 

2003 
25.3 

10.7 
23.0 
5.0 
61.3 
83.2 
20.3 
-1.0 
23.6 
26.2 

2004 
: 

2004 
10.1 

10.6 
23.0 
5.0 
61.3 
83.5 
21.0 
-1.0 
21.9 
25.4 

2005 
100.0 

2005 
8.1 

9.4 
22.9 
5.4 
62.4 
82.9 
22.3 
-0.2 
22.7 
27.6 

2006 
107.8 

2006 
9.3 

8.5 
22.3 
5.4 
63.7 
84.1 
21.4 
-0.4 
22.3 
27.5 

2007 
115.3 

2007 
8.8 

8.5 
22.0 
5.2 
64.3 
82.7 
19.9 
1.9 
23.9 
28.3 

2008 
114.2 

2008 
10.4 

9.1 
20.8 
4.2 
66.0 
86.3 
16.8 
-2.0 
23.2 
24.3 

2009 
103.2 

2009 
6.3 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
  
  
  
  
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Balance of payments 
Balance of payments: current account total (million euro) 
Balance of payments current account: trade balance (million euro) 
Balance of payments current account: net services (million euro) 
Balance of payments current account: net income (million euro) 
Balance of payments current account: net current transfers (million euro) 

of which government transfers (million euro) 
Net foreign direct investment (FDI) (million euro) 
Foreign direct investment (FDI) abroad (million euro) 

of which FDI of the reporting economy in EU-27 countries (million euro) 

Foreign direct investment (FDI) in the reporting economy (million euro) 

of which FDI of EU-27 countries in the reporting economy (million euro) 

Public finance 
General government deficit/surplus, relative to GDP (%) 
General government debt relative to GDP (%) 

Financial indicators 
Gross foreign debt of the whole economy, relative to GDP (%) 
Gross foreign debt of the whole economy, relative to total exports (%) 
Money supply: M1 (banknotes, coins, overnight deposits, million euro) 
Money supply: M2 (M1 plus deposits with maturity up to two years, million euro) 
Money supply: M3 (M2 plus marketable instruments, million euro) 
Total credit by monetary financial institutions to residents (consolidated) (million euro) 
Interest rates: day-to-day money rate, per annum (%) 
Lending interest rate (one year), per annum (%) 
Deposit interest rate (one year), per annum (%) 
euro exchange rates: average of period - 1 euro = … national currency 
Effective exchange rate index (2000=100) 
Value of reserve assets (including gold) (million euro) 

External trade 
Value of imports: all goods, all partners (million euro) 
Value of exports: all goods, all partners (million euro) 
Trade balance: all goods, all partners (million euro) 
Terms of trade (export price index / import price index) 
Share of exports to EU-27 countries in value of total exports (%) 
Share of imports from EU-27 countries in value of total imports (%) 

Note 

3) 

3) 

Note 

Note 

4) 
5) 

6) 
7) 

2000 
-10 741 
-23 882 
12 316 
-4 333 
5 158 
221 
121 
-942 
: 
1 063 
: 

2000 
: 
: 

2000 
44.7 
427.0 
12 205 
51 591 
54 207 
44 492 
56.0 
51.2 
38.2 
0.574 
100.0 
25 331 

2001 
4 198 
-3 755 
10 201 
-5 583 
3 335 
224 
3 188 
-555 
: 
3 743 
: 

2001 
-33.0 
104.4 

2001 
57.7 
362.5 
8 965 
37 253 
38 973 
26 977 
95.5 
78.8 
62.2 
1.094 
46.8e 
22 660 

2002 
-662 
-6 758 
8 339 
-4 816 
2 573 
526 
993 
-151 
: 
1 144 
: 

2002 
-12.9 
93.0 

2002 
56.2 
359.2 
9 291 
36 325 
38 041 
20 035 
49.6 
53.7 
53.9 
1.430 
40.1e 
26 949 

2003 
-6 643 
-11 925 
9 292 
-4 912 
902 
257 
1 080 
-424 
: 
1 505 
: 

2003 
-11.3 
85.1 

2003 
47.3 
304.9 
13 188 
47 398 
50 488 
29 025 
36.1 
42.8 
40.3 
1.685 
40.4e 
28 134 

2004 
-11 601 
-18 278 
10 288 
-4 509 
898 
252 
1 612 
-627 
: 
2 239 
: 

2004 
-4.5 
59.2 

2004 
41.2 
254.8 
15 762 
59 415 
63 411 
43 328 
22.0 
29.1 
23.6 
1.768 
39.3e 
27 654 

2005 
-17 843 
-26 590 
12 272 
-4 693 
1 169 
485 
7 208 
-855 
: 
8 063 
: 

2006 
-25 640 
-32 699 
10 841 
-5 301 
1 520 
495 
15 340 
-736 
: 
16 076 
: 

2007 
-27 954 
-34 144 
9 737 
-5 183 
1 637 
590 
14 550 
-1 537 
: 
16 087 
: 

2008 
-28 519 
-36 049 
11 641 
-5 547 
1 437 
495 
10 688 
-1 733 
: 
12 421 
: 

2009 
-10 067 
-17 820 
11 605 
-5 500 
1 648 
853 
4 359 
-1 114 
: 
5 473 
: 

2005 
-0.6 
52.3 

2006 
0.8 
46.1 

2007 
-1.0 
39.4 

2008 
-2.2 
39.5 

2009 
-6.7 
45.4 

2005 
35.3 
231.0 
38 978 
150 152 
164 302 
83 772 
15.1 
23.8 
19.9 
1.670 
43.6e 
44 277 

2006 
39.4 
242.7 
38 616 
160 193 
171 832 
100 358 
15.8 
19.0 
21.5 
1.800 
39.1e 
48 116 

2007 
38.4 
232.5 
44 644 
201 366 
215 308 
140 157 
17.3 
20.1 
22.3 
1.778f 
44.5e 
52 058 

2008 
37.4 
210.3 
39 927 
203 840 
214 473 
138 301 
16.1 
19.7 
22.9 
1.896 
: 
52 442 

2009 
43.9 
265.5 
49 691 
228 237 
240 246 
153 867 
9.2 
19.7 
17.2 
2.151 
: 
52 160 

Note 

2000 

2001 

2002 

2003 

2004 

2005 

2006 

2007 

2008 

2009 

59 444.4 46 255.8  54 478.3 60 162.6 78 528.0 93 409.5 111 096.0 123 959.4 136 441.0  100 657.6 
68 020.2  78 126.4  89 557.2  73 304.9 
30 181.9 35 062.2  38 137.1 41 679.1 50 891.1 58 849.5
-27 352.7 
-29 262.5 -11 193.5  -16 341.3 -18 483.5 -27 636.9 -34 560.1 -43 075.8 -45 833.0 -46 883.8 
104.9 
102.0 
45.9 
57.9 
40.1 
49.3 

100.1 
56.6 
49.8 

103.5 
56.3 
40.3 

100.7 
56.0 
47.9 

103.0 
56.4 
52.4 

100.0 
58.0 
50.6 

99.3 
56.4 
45.2 

96.0 
56.1 
42.6 

96.9 
47.9 
37.0 

8) 

EN 

101 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Demography 
Natural growth rate: natural change (births minus deaths) (per 1000 inhabitants) 
Infant mortality rate: deaths of children under one year of age per 1000 live births 
Life expectancy at birth: male (years) 
Life expectancy at birth: female (years) 

Note 

2000 
14.1 
31.5 
69.0 
73.1 

2001 
13.7 
28.4 
69.4 
73.5 

2002 
13.5 
25.6 
69.8 
73.9 

2003 
13.2 
23.1 
70.1 
74.3 

2004 
12.9 
20.9 
70.5 
74.6 

2005 
12.6 
18.9 
70.9 
75.0 

2006 
12.4e 
17.5 
71.1 
75.3 

2007 
11.4b 
16.7 
71.2 
75.6 

2008 
11.4 
16.0 
71.4 
75.8 

2009 
11.2 
15.3 
71.5 
76.1 

Labour market 
Economic activity rate (15-64): share of population aged 15-64 that is economically 
active (%) 
Employment rate (15-64): share of population aged 15-64 that is in employment (%) 

Employment rate male (15-64) (%) 
Employment rate female (15-64) (%) 

Employment rate of older workers (55-64): share of population aged 55-64 that is in 
employment (%) 
Employment by main sectors (%) 

Agriculture 
Industry 
Construction 
Services 

Unemployment rate: share of labour force that is unemployed (%) 

Share of male labour force that is unemployed (%) 
Share of female labour force that is unemployed (%) 

Unemployment rate of persons < 25 years: share of labour force aged <25 that is 
unemployed (%) 
Long-term unemployment rate: share of labour force that is unemployed for 12 months 
and more (%) 

Social cohesion 
Average nominal monthly wages and salaries (national currency) 
Index of real wages and salaries (index of nominal wages and salaries divided by the 
CPI) (2000=100) 
Early school leavers - Share of population aged 18-24 with at most lower secondary 
education and not in further education or training (%) 

Note 

2000 

2001 

2002 

2003 

2004 

2005 

2006 

2007 

2008 

2009 

9) 10)

52.4 
48.9 
71.7 
26.2 

52.3 
47.8 
69.3 
26.3 

52.3 
46.7 
66.9 
26.6 

51.1 
45.5 
65.9 
25.2 

49.6 
44.1 
66.4 
22.3 

49.8 
44.4 
66.9 
22.3 

49.8 
44.6 
66.8 
22.7 

49.8 
44.6 
66.8 
22.8 

50.6 
44.9 
66.6 
23.5 

51.7 
44.3 
64.6 
24.2 

10) 

36.4 

35.9 

35.3 

32.7 

29.5 

27.9 

27.6 

27.1 

27.4 

28.2 

10) 
10) 
10) 
10) 
9) 10)
9) 10)
9) 10)

36.0 
17.7 
6.3 
40.0 
6.5 
6.6 
6.3 

37.6 
17.5 
5.2 
39.7 
8.4 
8.7 
7.5 

34.9 
18.5 
4.5 
42.1 
10.3 
10.7 
9.4 

33.9 
18.2 
4.6 
43.4 
10.5 
10.7 
10.1 

29.1 
20.0 
4.9 
46.0 
10.8 
10.8 
11.0 

25.7 
20.8 
5.5 
48.0 
10.6 
10.5 
11.2 

24.0 
20.9 
5.9 
49.2 
10.2 
9.9 
11.1 

23.5 
20.8 
5.9 
49.8 
10.3 
10.0 
11.0 

23.7 
21.0 
5.9 
49.5 
11.0 
10.7 
11.6 

24.7 
19.4 
5.9 
50.0 
14.0 
13.9 
14.3 

9) 10)

13.1 

16.2 

19.2 

20.5 

20.6 

19.9 

19.1 

20.0 

20.5 

25.3 

9) 10)

1.3 

1.7 

2.9 

2.5 

4.2 

4.2 

3.7 

3.1 

2.9 

3.5 

Note 

2000 
: 

2001 
: 

2002 
372.1 

2003 
492.0 

2004 
529.4 

2005 
595.4 

2006 
: 

2007 
: 

2008 
: 

2009 
: 

: 

: 

: 

: 

: 

: 

: 

: 

: 

: 

10) 

58.1 

58.1 

55.1 

52.9 

52.2 

50.0 

49.1 

47.2 

45.7 

44.6 

Standard of living 
Number of passenger cars per 1000 population 
Number of subscriptions to cellular mobile telephone services per 1000 population 

Note 
1) 11)
1) 

2000 
68.8 
234.4 

2001 
69.6 
280.9 

2002 
69.7 
353.3 

2003 
70.3 
417.0 

2004 
79.7 
512.4 

2005 
84.2 
635.9 

2006 
88.5 
758.6 

2007 
92.1 
882.1 

2008 
95.6 
926.1 

2009 
98.7 
873.2 

EN 

102 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
  
  
  
  
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Infrastructure 
Density of railway network (lines in operation, per 1000 km²) 
Length of motorways (thousand km) 

Innovation and research 
Spending on human resources (public expenditure on education in % of GDP) 
Gross domestic expenditure on R&D in % of GDP 
Percentage of households who have Internet access at home (%) 

Environment 
Greenhouse gas emissions, CO2 equivalent (tons, 1990=100) 
Energy intensity of the economy (kg of oil equivalent per 1000 euro GDP) 
Electricity generated from renewable sources in % of gross electricity consumption 
Road share of inland freight transport (% of tonne-km)  

Energy 
Primary production of all energy products (thousand TOE) 
Primary production of crude oil (thousand TOE) 
Primary production of hard coal and lignite (thousand TOE) 
Primary production of natural gas (thousand TOE) 

Net imports of all energy products (thousand TOE) 
Gross inland energy consumption (thousand TOE) 
Electricity generation (thousand GWh) 

Agriculture 
Agricultural production volume index of goods and services (producer prices, previous 
year=100) 
Total utilised agricultural area (thousand hectare) 
Livestock: cattle (thousand heads, end of period) 
Livestock: pigs (thousand heads, end of period) 
Livestock: sheep and goats (thousand heads, end of period) 
Production and utilisation of milk on the farm (total whole milk, thousand tonnes) 
Crop production: cereals (including rice) (thousand tonnes, harvested production) 
Crop production: sugar beet (thousand tonnes, harvested production) 
Crop production: vegetables (thousand tonnes, harvested production) 

Note 

Note 

12) 

Note 

Note 

2000 
11.1 
1.8 

2000 
2.6 
0.6 
: 

2000 
159.0 
295.2 
24.3 
94.3 

2000 
26 047 
2 887 
12 487 
582 
54 291 
80 500 
124.9 

2001 
11.1 
1.9 

2001 
2.3 
0.7 
: 

2001 
149.0 
293.2 
19.1 
95.3 

2001 
24 576 
2 679 
12 282 
284 
49 536 
75 402 
122.7 

2002 
11.0 
1.9 

2002 
2.8 
0.7 
: 

2002 
153.0 
286.8 
25.6 
95.5 

2002 
24 281 
2 564 
11 360 
344 
54 234 
78 331 
129.4 

2003 
11.1 
1.9 

2003 
3.0 
0.6 
: 

2003 
162.0 
291.5 
25.2 
94.6 

2003 
23 783 
2 494 
10 777 
510 
60 505 
83 826 
140.6 

2004 
11.1 
1.9 

2004 
3.0 
0.7 
7.0 

2004 
167.0 
279.2 
30.9 
94.4 

2004 
24 332 
2 389 
10 532 
644 
63 232 
87 818 
150.7 

2005 
11.1 
1.8 

2005 
3.1 
0.8 
8.0 

2005 
176.0 
267.1 
24.7 
94.4e 

2005 
24 549 
2 395 
11 213 
816 
67 266 
91 074 
162.0 

2006 
11.1 
2.0 

2006 
3.0 
0.8 
: 

2006 
187.0 
273.3 
25.5 
94.3 

2006 
26 580 
2 284 
13 087 
839 
73 256 
99 642 
176.3 

2007 
11.1 
2.0 

2007 
3.3 
0.7 
19.7 

2007 
203.0 
282.0 
19.1 
: 

2008 
11.1 
2.0 

2008 
3.0 
0.7 
25.4 

2008 
196.0 
261.5 
17.3 
: 

2007 
27 453 
2 241 
14 797 
827 
80 596 
107 625 
191.6 

2008 
29 257 
2 268 
16 674 
931 
77 413 
106 338 
198.4 

2009 
11.5 
2.0 

2009 
: 
: 
30.0 

2009 
: 
: 
: 
: 

2009 
: 
: 
: 
: 
: 
: 
194.1 

Note 

2000 

2001 

2002 

2003 

2004 

2005 

2006 

2007 

2008 

2009 

13) 

104.2 
38 757 
10 761 
3 
35 693 
: 
32 108 
18 821 
22 357 

93.3 
40 967 
10 548 
3 
33 994 
: 
29 426 
12 633 
21 930 

108.5 
41 196 
9 803 
4 
31 954 
: 
30 686 
16 523 
23 698 

98.0 
40 645 
9 788 
7 
32 203 
: 
30 658 
12 623 
24 018 

101.6 
41 210 
10 069 
4 
31 811 
: 
33 957 
13 517 
23 215 

106.9 
41 223 
10 526 
2 
31 822 
: 
36 471 
15 181 
24 320 

: 
40 496 
10 871 
1 
32 260 
: 
34 642 
14 452 
24 017 

: 
39 505 
11 037 
2 
31 749 
: 
29 256 
12 415 
25 676 

: 
39 073 
10 860 
2 
29 568 
: 
29 287 
15 488 
27 214 

: 
38 935 
10 724 
2 
26 878 
: 
33 577 
17 275 
26 780 

: = not available 
p = provisional value 
e = estimated value 
f = forecast 

EN 

103 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1) Mid-year population estimates 
2) Including lakes. 
3) The balance of payments sign conventions are used. For FDI abroad a minus sign means investment abroad by the reporting economy exceeded its disinvestment in the period, while an entry without 
sign means disinvestment exceeded investment. For FDI in the reporting economy an entry without sign means that investment into the reporting economy exceeded disinvestment, while a minus sign 
indicates that disinvestment exceeded investment. 
4) Before December 2005, M2 included M1 and time deposits (TRY). From December 2005 onwards, M2 included M1 and time deposits (TRY,FX); central Bank of Turkey (CBRT) buying rate is used when 
converting money supply data in national currency (TRY) to Euro; monetary liabilities of Participation Banks, Investment and Development Banks and amount of Money Market Funds are added to money 
supply data beginning from December 2005. 
5) Before December 2005, M3 included M2 and official deposits (time/demand). From December 2005 onwards, M3 included M2, fund received from repo transactions and money market funds (B type liquid 
funds). Also beginning from December 2005, deposits of Central Government are removed from M3 and other general government deposit items are classified in M1 and M2 according to maturity; central 
Bank of Turkey (CBRT) buying rate is used when converting money supply data in national currency (TRY) to Euro; monetary liabilities of Participation Banks, Investment and Development Banks and 
amount of Money Market Funds are added to money supply data beginning from December 2005. 
6) Averages of monthly data, lending to enterprises more than one year. 
7) Averages of monthly data, up to one year or longer. 
8) Calculated on the basis of ISIC Rev.3, base year 2003 as Paasche. 
9) Unemployment is not defined according to the standard ILO concept. A wider definition is used resulting in higher unemployment and economic activity rates. For example, the unemployment rate for 
2009 would be 1.5 percentage points lower following the standard ILO definition, and the unemployment rate of persons < 25 years of age would be 2.6 percentage points lower. 
10) From 2004 onwards, calculated according to mid-year population estimates. 
11) From 2004 onwards, data source is the General Directorate of Public Security. 
12) From 2007 onwards, calculated according to mid-year population estimates. 
13) Excluding the number of buffaloes. 

EN 

104 

EN