COMMISSION STAFF WORKING PAPER TURKEY 2011 PROGRESS REPORT
Date: 2011-10-12
Institutions: European Commission
Subjects: Community acquis, Türkiye, accession criteria, accession negotiations, pre-accession aid

EUROPEAN COMMISSION 

Brussels, 12.10.2011 
SEC(2011) 1201 final 

COMMISSION STAFF WORKING PAPER 

TURKEY 2011 PROGRESS REPORT 

Accompanying the document 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL  

Enlargement Strategy and Main Challenges 2011-2012 

{COM(2011) 666 final} 
{SEC(2011) 1200 final} 
{SEC(2011) 1202 final} 
{SEC(2011) 1203 final} 
{SEC(2011) 1204 final} 
{SEC(2011) 1205 final} 
{SEC(2011) 1206 final} 
{SEC(2011) 1207 final} 

 
 
 
 
  
 
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 .................................................................................................................. 3 

Preface.......................................................................................................................... 3 

Context ......................................................................................................................... 3 

Relations between the EU and Turkey......................................................................... 3 

Political criteria and enhanced Political dialogue ........................................................ 5 

Democracy and the rule of law .................................................................................... 5 

Human rights and the protection of minorities ............................................................ 5 

Regional issues and international obligations ............................................................ 20 

Economic criteria ....................................................................................................... 43 

The existence of a functioning market economy ....................................................... 45 

The capacity to cope with competitive pressure and market forces within the Union
.................................................................................................................................... 45 

Ability to assume the obligations of membership...................................................... 50 

Chapter 1: Free movement of goods .......................................................................... 52 

Chapter 2: Freedom of movement for workers .......................................................... 56 

Chapter 3: Right of establishment and freedom to provide services ......................... 56 

Chapter 4: Free movement of capital ......................................................................... 57 

Chapter 5: Public procurement................................................................................... 59 

Chapter 6: Company law............................................................................................ 60 

Chapter 7: Intellectual property law........................................................................... 61 

Chapter 8: Competition policy ................................................................................... 62 

Chapter 9: Financial Services..................................................................................... 63 

4.10.  Chapter 10: Information society and media ............................................................... 65 

4.11.  Chapter 11: Agriculture and rural development......................................................... 66 

4.12.  Chapter 12: Food safety, veterinary and phytosanitary policy .................................. 68 

4.13.  Chapter 13: Fisheries.................................................................................................. 69 

4.14.  Chapter 14: Transport policy ..................................................................................... 71 

4.15.  Chapter 15: Energy .................................................................................................... 73 

4.16.  Chapter 16: Taxation.................................................................................................. 75 

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4.17.  Chapter 17: Economic and Monetary policy ............................................................. 76 

4.18.  Chapter 18: Statistics.................................................................................................. 77 

4.19.  Chapter 19: Social policy and employment ............................................................... 78 

4.20.  Chapter 20: Enterprise and industrial policy.............................................................. 81 

4.21.  Chapter 21: Trans European Networks ...................................................................... 82 

4.22.  Chapter 22: Regional policy and coordination of structural instruments .................. 82 

4.23.  Chapter 23: Judiciary and fundamental rights ........................................................... 84 

4.24.  Chapter 24: Justice, freedom and security ................................................................. 89 

4.25.  Chapter 25: Science and research .............................................................................. 97 

4.26.  Chapter 26: Education and culture............................................................................. 98 

4.27.  Chapter 27: Environment ......................................................................................... 100 

4.28.  Chapter 28: Consumer and health protection........................................................... 102 

4.29.  Chapter 29: Customs Union ..................................................................................... 104 

4.30.  Chapter 30: External relations.................................................................................. 105 

4.31.  Chapter 31: Foreign, Security and Defence Policy.................................................. 106 

4.32.  Chapter 32: Financial control................................................................................... 108 

4.33.  Chapter 33: Financial and budgetary provisions...................................................... 109 

Statistical Annex .................................................................................................................... 111 

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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. 

This report covers the period from October 2010 to September 2011. Progress is measured on 
the  basis  of  decisions  taken,  legislation  adopted  and  measures  implemented.  As  a  rule, 
legislation or measures which are being prepared 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. 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 into force in December 1964. Turkey and the EU formed a customs union in 1995. 

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. Out of a total of 33 screening reports, one has still to be delivered 
to the Council by the Commission, whilst nine are being discussed in the Council. 

1 
2 

The rapporteur for Turkey is Mrs Oomen-Ruijten. 
Enlargement Strategy and Main Challenges 2011-2012 - COM(2011) 666. 

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So far, negotiations have been opened on 13 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.  A  political 
dialogue meeting was held at political director level in July 2011. These meetings focused on 
the  main  challenges  faced  by  Turkey  in  terms  of  the  Copenhagen  political  criteria  and 
reviewed the progress made towards fulfilling Accession Partnership priorities. Foreign policy 
issues relating to regions of common interest to the EU and Turkey, such as the Middle East, 
Western  Balkans,  Afghanistan/Pakistan  and  the  Southern  Caucasus,  were  also  regularly 
discussed.  Turkey  has  become  more  active  in  its  wider  neighbourhood  and  is  a  leading 
regional player. 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  boost  bilateral  trade  between  the  EU  and 
Turkey,  which  totalled  €  103  billion  in  2010.  Turkey  is  the  EU's  seventh  biggest  trading 
partner while the EU is Turkey's biggest. Almost half of Turkey's total trade is with the EU 
and almost 80% of FDI in Turkey comes from the EU. However, Turkey is not implementing 
the  Customs  Union  fully  and  maintains  legislation  that  violates  its  commitments  under  the 
Customs  Union.  As  a  result,  several  trade  issues  remain  unresolved.  A  number  of  Turkey's 
commitments on removing technical barriers to trade such as import licences, restrictions on 
imports 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  discriminatory  tax  treatment  remain  unfulfilled.  Progress  can  be  reported  on  Turkey's 
long-standing  ban  on  imports  of  live  bovine  animals,  beef  meat  and  other  animal  products. 
The  EU  urged  Turkey  to  remove  all  remaining  restrictions  on  the  free  movement  of  goods, 
including on means of transport regarding Cyprus, and to implement the Customs Union fully. 

The  EU  is  providing  guidance  to  the  authorities  on  reform  priorities  under  the  Accession 
Partnership adopted in February 2008. Progress on these reform priorities is encouraged and 
monitored by the bodies set up under the Association Agreement. The Association Committee 
met in March 2011 and the Association Council in April 2011. Eight sectoral sub-committee 
meetings have been held since November 2010. 

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.  These  meetings  focused  on  the 
main challenges posed to Turkey by the Copenhagen economic criteria. 

As regards financial assistance, some € 781.9 million have been earmarked for Turkey from 
the  Instrument  for  Pre-accession  Assistance  (IPA)  in  2011.  The  revised  Multiannual 
Indicative  Planning  Document  (MIPD)  for  2011-2013,  was  adopted  by  the  Commission  in 
June  2011.  The  new  MIPD  follows  asector-based  approach  and  aims  to  focus  assistance  on 

3 

The  decision  states  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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political  priorities  better  in  order  to  achieve  a  greater  impact.  Support  is  focusing  on 
institutions  directly  concerned  by  political  reforms  in  the  judiciary  and  law  enforcement 
services,  on  adoption  and  implementation  of  the  acquis  in  priority  areas  and  on  economic, 
social and rural development. In addition, Turkey is benefiting from a series of regional and 
horizontal programmes under IPA. 

Under  both  the  national  programme  and  the  Civil  Society  Facility,  greater  EU  financial 
support  has  been  provided  to  civil  society,  in  particular  to  strengthen  the  capacity  of  civil 
society  organisations  and  encourage  a  civil  society  dialogue  between  Turkey  and  the  EU. 
Support has also been given for participation by Turkey in EU programmes and agencies.  

Assistance under IPA is implemented by means of decentralised management, which means 
that it is managed by the Turkish authorities as a result of an accreditation process carried out 
by the Commission that was completed in 2009 for IPA components I-IV and in August 2011 
for component V. In 2011 implementation got under way and absorption of funds started to 
increase. Nevertheless, delays continued to occur and Turkey needs to strengthen its capacity 
to deliver results, absorb funds, develop a project pipeline and implement all IPA components 
in a timely manner. The supervision by the National Authorising Officer needs vigorously to 
address  weaknesses  in  the  system,  including  monitoring  and  improving  the  quality  and 
efficiency of the project and programme cycles. 

Turkey  actively  participates  in  the  following  EU  Programmes  and  Agencies:  Seventh 
Research  Framework  Programme,  Customs  2013,  Fiscalis  2013,  European  Environment 
(including 
Agency,  Competitiveness 
Entrepreneurship and Innovation Programme and Information Communication Technologies 
Policy Support Programme), Progress, Culture 2007, Lifelong Learning and Youth in Action. 
IPA funds are used to meet part of the costs of participation in most of these programmes. 

Programme 

Framework 

Innovation 

and 

The Turkish ratification of the agreement for their participation in the European Monitoring 
Centre for Drugs and Drug Addiction remains outstanding. 

2. 

POLITICAL CRITERIA AND ENHANCED POLITICAL DIALOGUE 

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 

General elections took place on 12 June 2011 with a high turnout. The electoral process was 
free and fair and was generally marked by pluralism and a vibrant civil society. Voting and 
counting  on  election  day  were  mostly  calm  and  professionally  managed  (See  section  on 
Parliament).  Over  the  reporting  period,  concerns  were  raised  regarding  freedom  of 
expression,  including  media  freedom.  The  prevailing  political  climate,  lacking  an  adequate 
dialogue  and  spirit  of  compromise  between  political  parties,  strained  relations  between  key 
institutions;  this  atmosphere  hampered  the  continuation  of  the  reform  process.  The 
Sledgehammer  trial,  the  first  ever  into  an  alleged  coup  plan  in  Turkey,  began  in  December 
2010.  Following  the  seizure  of  evidence  at  the  Gölcük  navy  headquarters  a  total  of  163 

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military  officers  (of  whom  106  serving),  including  several  former  top  commanders,  were 
arrested.  They  were  charged  of  attempting  to  overthrow  the  government  through  force  and 
violence. Requests for the release of defendants were refused. According to official data, the 
number of defendants has risen to 224, 183 of whom are under arrest. Restrictions on access 
to  certain  evidence  referred  to  in  the  indictment  raised  concerns  about  the  rights  of  the 
defence and to a fair trial. The failure to give detailed grounds for decisions on detention is 
another  source  of  concern  raised  by  the  defence  (See  also  section  on  civilian  oversight  of 
security forces). 

The  trial  of  the  alleged  criminal  network  Ergenekon  continued.  The  judicial  investigation 
expanded further and, according to official data, the number of defendants has risen to 238, 53 
of whom are under arrest. The investigation into alleged media involvement continued with 
the  detention  of  a  number  of  journalists,  among  whom  prominent  supporters  of  the 
investigation into Ergenekon. In March 2011, copies of an unpublished book written by one 
of the arrested journalists were confiscated on the orders of a court for being a "document of a 
terror  organisation".  Confiscation  of  an  unpublished  book  as  evidence  of  crime  raised 
concerns  about  press  freedom  in  Turkey  and  the  legitimacy  of  the  case  (See  section  on 
freedom of expression). 

A  linkage  was  made  by  the  judiciary  between  the  Ergenekon  case  and  the  murder  of  three 
Protestants in Malatya in April 2007. Several people, including the former commander of the 
gendarmerie in Malatya, were detained in March 2011. This was followed by a search of the 
homes  and  offices  of  several  theology  professors  known  for  their  work  on  missionary 
activities in Turkey.  

The time lag between the arrests and presentation of indictments, the restricted access by the 
defence  to  evidence  put  forward  by  the  prosecution  and  the  secrecy  of  investigation  orders 
fuelled concerns about effective judicial guarantees for all suspects. The same applies to the 
extensive application of arrest-related articles of the Code on Criminal Procedures, which at 
certain  instances  can  have  the  same  effect  as  punitive  measures.  The  length  of  pre-trial 
detention is a cause for concern (See section on the judicial system). 

The  three  specially  authorised  prosecutors  in  the  Ergenekon  case  were  reassigned  to  other 
duties by the High Council of Judges and Prosecutors (HSYK) in March 2011. The Deputy 
Director of Intelligence for Istanbul in charge of the Ergenekon enquiry was also moved to a 
new  post.  These  measures  were  viewed  as  reflecting  the  judicial  authorities'  and  the 
government's unease with the handling of the investigation. 

Concerns about judicial procedures were also reported in connection with the KCK4 case in 
which around  2,000  politicians, locally elected representatives and  human rights activists in 
the south-east have been detained since April 2008. The investigation continues to widen. The 
main KCK trial of 152 defendants (104 of whom are under arrest) charged with membership 
of  an  illegal  armed  organisation  started  in  October  2010.  However,  the  trial  came  to  a 
standstill after the court refused to hear the defence in Kurdish. Frequent use of arrests instead 
of  judicial  supervision,  limited  access  to  files,  failure  to  give  detailed  grounds  for  detention 
decisions  and  revisions  of  such  decisions  highlight  the  need  to  bring  the  Turkish  criminal 
justice system into line with international standards and to amend the anti-terror legislation. 

4 

Union of Communities in Kurdistan  

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The  detention  of  elected  representatives  is  a  challenge  to  local  government  and  hampers 
dialogue on the Kurdish issue.  

Overall,  the  Ergenekon  investigation  and  the  investigations  into  other  alleged  coup  plans 
remain  an  opportunity  for  Turkey  to  shed  light  on  alleged  criminal  activities  against 
democracy  and  to  strengthen  confidence  in  the  proper  functioning  of  its  democratic 
institutions  and  the  rule  of  law.  However,  concerns  remain  over  the  handling  of 
investigations, judicial proceedings and the application of criminal procedures putting at risk 
the  rights  of  the  defence.  The  lack  of  any  authoritative  source  of  information  on  all  these 
issues of wide public interest from either the prosecution offices or the courts raises similar 
concerns. All of this raised concerns in the public about the legitimacy of the cases. 

Constitution  

After the constitutional reform package was approved by referendum in September 2010, the 
government  launched  work  on  implementing  it.  Priority  was  given  to  the  reform  of  judicial 
structures,  with  laws  on  the  High  Council  of  Judges  and  Prosecutors5  and  on  the 
Constitutional  Court  adopted  in  December  2010  and  March  2011,  respectively.  These  laws 
addressed a number of priorities of the Accession Partnership and criticisms of the previous 
system. The Venice Commission of the Council of Europe had been consulted in the process. 

Since the September 2010 constitutional referendum and the June 2011 elections, consensus 
has emerged on the need for a new Constitution to replace completely the 1982 Constitution, 
which had been adopted following the 1980 military coup. The governing party has pledged a 
democratic and participatory process with the broadest possible consultation. The Parliament 
Speaker  consulted  constitutional  lawyers  on  the  process  of  drafting  and  adopting  a  new 
constitution;  he  also  authorised  the  launch  of  a  website  to  function  as  a  forum  for  public 
contributions and has started the nomination of three members from each of the four parties 
present  in  Parliament  for  the  ad  hoc  drafting  committee.  Further  concrete  steps  need  to 
guarantee an inclusive process with the involvement of all political parties and civil society. 

However,  the  adoption  of  legislation  implementing  the  September  2010  constitutional 
amendments  was  not  accompanied  by  broad  and  effective  public  consultation  involving 
stakeholders  in  the  country,  despite  government  commitments  to  this  (See  section  on  the 
judicial system). 

Overall,  there  has  been  some  progress  in  implementing  the  2010  constitutional  reform, 
notably  in  the  field  of  the  judiciary.  A  new  Constitution  would  cement  the  stability  of 
institutions  guaranteeing  democracy,  the  rule  of  law,  human  rights  and  respect  for  and 
protection  of  minorities  and  address  long-standing  problems,  including  the  Kurdish  issue. 
Both  the  government  and  the  opposition  are  committed  to  working  on  a  new  Constitution 
upholding  freedoms.  Due  attention  needs  to  be  paid  to  ensuring  the  broadest  possible 
consultation in this work, involving all political parties and civil society. 

Parliament 

5 

On 15 February, the main opposition party (CHP) applied to the Constitutional Court for annulment of 
this law.  

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The Turkish Grand National Assembly (TGNA) convened for the first time early July 2011 
and  elected  former  Deputy  Prime  Minister  Mr  Cemil  Çicek  as  its  25th  speaker.  He  was 
elected in a third round with 322 votes.  

Earlier,  on  12  June  Parliamentary  elections  had  taken  place,  leading  to  a  major  renewal  of 
parliament  with  349  first-time  MPs  (64%  of  the  total).  The  incumbent  AKP  remained  the 
leading  party  with  popular  support  running  at  49.1%,  ahead  of  the  CHP  on  25.9%  and  the 
MHP  with  13%.  The  BDP-backed  independent  candidates  received  6.7%  of  the  votes.  The 
AKP  secured  326  parliamentary  seats,  four  short  of  the  three-fifths  majority  needed  to  put 
constitutional  amendments  to  a  referendum  without  the  support  of  other  parties.  The  CHP 
won  135  seats,  the  MHP  53  and  the  BDP  36.  The  number  of  female  parliamentarians 
increased from 48 to 78. The highest number of female members of parliament is amongst the 
AKP (45), followed by the CHP (19), BDP-led bloc (11), and the MHP (3). 

The  elections  took  place  in  a  generally  peaceful  atmosphere.  For  the  first  time,  political 
parties and candidates were able to purchase broadcasting time for political advertisements. In 
March  2011  the  Supreme  Election  Board  (YSK)  ruled  that,  while  political  parties  and 
candidates will principally use Turkish in their advertising, use of other languages, including 
Kurdish,  is  possible6.  Various  parties  tried  to  target  Kurdish  voters  by  running  election 
campaign  advertisements  on  TRT  6,  the  first  national  Kurdish  language  TV  station.  Their 
requests to do so were rejected by YSK.  

On  the  one  hand,  international  observers  (the  OSCE  Office  for  Democratic  Institutions  and 
Human Rights (ODIHR)) praised the electoral process as democratic, pluralistic and shaped 
by a vibrant civil society, on the other they also criticised worrying developments concerning 
fundamental freedoms, in particular freedom of expression. 

However, the campaign was marred by some tension and violence. A terrorist attack killed a 
policeman  escorting  governing  party  officials  following  a  rally  in  May  2011.  Violent 
incidents causing damage to offices of political parties were also reported across Turkey.  

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,  despite  calls  by  political  parties  and  civil  society  organisations  for  it  to  be 
lowered. This issue featured prominently during the election campaign. 

As  regards  the  functioning  of  parliament,  the  TGNA  enacted  a  large  number  of  laws  in  its 
final  legislative  year  before  going  into  recess  in  early  April  2011.  Several  of  them  covered 
areas related to the Copenhagen political criteria. These included the implementing legislation 
adopted  following  the  2010  constitutional  amendments,  legislation  restructuring  the  high 
courts with the objective to decreasing the backlog of cases and the Law on the Turkish Court 
of Accounts (TCA). 

The Law on the TCA was adopted in December 2010. It authorises the Court to audit public 
expenditure on behalf of parliament, thus strengthening parliamentary oversight. The TGNA's 
Strategic  Development  Plan  for  2010-2014  addresses  key  organisational  and  management 
issues.  

6 

An April 2010 amendment to the Law on fundamental principles of elections and the electoral registry 
deleted the explicit prohibition of use of languages other than Turkish, thus allowing oral and written 
advertising in languages other than Turkish during the election campaign. 

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However,  the  polarisation  of  the  government  and  opposition  hampered  work  on  political 
reforms, notably in parliament, and was not conducive to holding the executive to account on 
policy  matters.  The  capacity  of  parliament  to  monitor  performance  and  conduct  external 
audits is still insufficient. Closer interactive dialogue and cooperation between parliament and 
the  TCA  is  needed.  There  was  no  progress  on  improving  parliament's  rules  of  procedure. 
Since 2009 a draft has been pending. 

No  progress  was  made  on  aligning  legislation  on  the  procedures  and  grounds  for  closing 
political  parties  with  European  standards  either.  In  December  2010,  the  European  Court  for 
Human Rights (ECtHR) found that Turkey had violated the right to freedom of assembly and 
association7 in the 2003 ban of the People's Democracy Party (HADEP). This was the ninth 
judgment against Turkey for banning a political party. 

There are concerns about the wide scope of parliamentary immunities, notably from arrest in 
cases  concerning  corruption,  and  also  over  the  selective  and  restrictive  interpretation  of  the 
law in cases concerning freedom of expression of members of parliament. The nomination by 
opposition parties of suspects being tried in the ongoing Ergenekon, Sledgehammer and KCK 
cases for election to parliament posed a new challenge to the interpretation of Article 14 of 
the Constitution, which restricts immunities when crimes against the 'integrity of the State' are 
concerned. This has been invoked against MPs of Kurdish origin in the past.  

When the courts refused to release 8 MPs-elect from prison, and the YSK decided to strip one 
MP-elect  of  his  status,  the  CHP  and  BDP  MPs-elect  refused  to  take  their  oath  at  the 
constituting session of Parliament. In July, though, the CHP MPs took their oath and in the 
beginning of October the BDP MPs-elect did so as well. General concerns about long pre-trial 
detentions and the restrictive interpretation of anti-terror-legislation are thus also highlighted 
by the number of MPs-elect in prison. The proposal by the main opposition party for a code of 
ethics for parliamentarians was not followed up. Two former MPs from the closed-down DTP 
had their ban from political office overturned, but were not reinstated in parliament.  

Overall,  elections  were  held  in  line  with  international  standards.  The  electorate  returned  a 
parliament with 349 first-time MPs (64% of the total). Women and minorities, including non-
Muslims  and  the  disabled,  were  underrepresented.  Laws  concerning  financing  of  political 
parties and election campaigns, closure of political parties and parliamentary immunities have 
yet  to  be  aligned  with  European  standards.  Further  efforts  are  needed  to  strengthen 
parliament's capacity to perform its functions of law-making and oversight over the executive.  

President 

The  President  continues  to  maintain  his  conciliatory  role  in  the  face  of  the  polarisation 
prevailing in the country. 

He  addressed  a  number  of  key  issues  affecting  Turkey,  with  constructive  statements  and 
interventions. In December 2010, he paid a visit to Diyarbakir, becoming the first President to 
visit  the  BDP-run  municipality  in  ten  years.  Amid  demands  for  democratic  autonomy  and 
bilingualism, he reiterated his commitment to addressing the Kurdish issue. In January 2011, 
the  President  instructed  the  State  Supervisory  Council  (SSC)  to  conduct  a  thorough  inquiry 

7 

HADEP  was  closed  by  the  Constitutional  Court  and  46  party  activists  were  banned  from  politics  on 
accusations  that  the  party  was  aiding  and abetting  the  PKK.  The  ECtHR  pointed  to  lack of sufficient 
evidence in support of these claims. 

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into  the  Hrant  Dink  murder  case,  acknowledging  embarrassment  at  Turkey's  failure  to 
conclude the judicial process in line with a ruling by the ECtHR back in December 2010. On 
several  occasions,  he  criticised  long  detention  periods  in  the  ongoing  alleged  coup  trials  as 
constituting de facto punishment. 

The President continued to play an active role in foreign policy. 

There is still ambiguity around the term of office of the President, which may run until 2012 
or 2014, depending on how the YSK interprets the October 2007 constitutional amendment, 
which introduced direct presidential elections for a period of five years. 

Government  

Three  months  before  the  June  elections  the  Prime  Minister  announced  a  substantial 
restructuring of the Turkish administration, targeting primarily the ministerial level.  

After the elections, the 61st cabinet of the Turkish Republic was approved by the President on 
6 June 2011. 

The government decided to establish a Ministry of EU Affairs and appointed an EU Minister 
for the first time. The new structure assigns responsibility for the accession negotiations to the 
EU Minister as Chief Negotiator and Head of the Negotiation Delegation. 

As  regards  the  functioning  of  government  and  local  government,  the  government  started 
implementing its action plan to apply the 2010 constitutional amendments. It submitted draft 
legislation  to  parliament  on  the  Turkish  Court  of  Accounts  (TCA),  the  Supreme  Board  of 
Radio and Television, military service, the High Council of Judges and Prosecutors and on the 
restructuring of the Court of Cassation, Council of State and Constitutional Court.  

The  government  reaffirmed  its  commitment  to  EU  accession  on  several  occasions  and,  in 
particular,  through  the  establishment  of  an  EU  Ministry  after  the  June  elections.  The  EU 
Minister  and  Chief  Negotiator  continued  his  efforts  to  further  streamline  inter-ministerial 
work  for  the  accession  negotiations  and  to  involve  civil  society  in  the  process.  The  Reform 
Monitoring  Group  continued  to  meet.  Progress  was  achieved  at  provincial  level  on 
coordination  and  dissemination  of  EU-related  information  and  work,  following  the 
designation, in 2010, of a deputy governor in each province responsible for EU affairs. 

However,  the  follow-up  to  the  2008  National  Programme  for  the  Adoption  of  the  Acquis 
(NPAA)  and  of  the  2010-2011  Action  Plan  outlining  legislation  to  be  enacted  needs  to  be 
improved.  

No progress has been made on devolution of powers to local government, in particular with 
transferring  financial  resources  to  local  administrations.  Municipalities  are  thus  heavily 
dependent on centrally allocated revenue. No steps have been taken to implement the 20078 
Recommendations  of  the  Council  of  Europe  Congress  of  Local  and  Regional  Authorities  to 

8 

In addition, the Congress of Local and Regional Authorities adopted a report making recommendations 
on  local  and  regional  democracy  in  Turkey  on  24  March  2011.  These  recommendations  include  re-
examining Turkey's obligations under the Charter of Local Self-Government, with a view to removing 
the  reservations  entered  in  respect  of  many  of  its  terms,  and  taking  steps  to  sign  and  ratify  the 
Framework Convention for the Protection of National Minorities and the European Charter for Regional 
or Minority Languages 

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use  languages  other  than  Turkish  in  public  services  or  to  reform  the  Municipality  Law  to 
allow  mayors  and  municipal  councils  to  take  'political'  decisions  without  fear  of  judicial 
proceedings being launched against them. The continuing detention of several elected mayors 
and local representatives in the south-east in connection with the KCK case poses a challenge 
for local government (See situation in the east and south-east). 

Overall,  the  government  gave  priority  to  implementing  the  2010  amendments  to  the 
Constitution.  Progress  was  made  prior  to  the  elections,  notably  in  the  field  of  the  judiciary. 
Work  on  a  new  Constitution  would  further  advance  the  reform  agenda,  including  on 
devolving  adequate  powers  to  local  government.  However,  the  declared  commitment  to  EU 
accession was not sufficiently reflected in the implementation of the national programmes. 

Public administration  

The 2010 amendments to the Constitution introduced access to information as a constitutional 
right. In line with the new constitutional provisions which pave the way for an Ombudsman 
institution,  a  draft  law  was  submitted  to  parliament  in  January  2011.  The  government 
consulted, and developed a good working relationship with, the European Ombudsman. 

The revised Law on the Turkish Court of Accounts (TCA) marks progress on implementing 
the  Public  Financial  Management  and  Control  Law,  by  granting  the  TCA  an  external  audit 
mandate  over  most  public  expenditure.  In  order  to  raise  awareness  on  accountability  and 
enhance  transparency,  these  reports  are  to  be  public  and  easily  available,  with  minimum 
exceptions on grounds of 'national security'. 

Progress has been reported in the preparations for strategic plans by public institutions, with 
almost all institutions adopting such plans that have subsequently been reviewed by the State 
Planning Organisation. 

In  February  2011,  amendments  to  the  Civil  Service  Law  introduced  benefits  for  temporary 
and contractual public servants who are disabled, pregnant or parents of newborn babies. 

Work  on  providing  basic  public  services  on-line  (e-government)  continued,  with  a  view  to 
increasing  transparency  and  accountability.  Regulatory  impact  assessments  (RIAs)  and 
application of RIA guidelines enhanced the quality of regulations on several projects.  

However,  the  comprehensive  civil  service  reform  required  to  modernise  human  resources 
management has yet to materialise. Such a reform would ensure transparency and merit-based 
advancement  and  appointments,  in  particular  to  high-level  positions.  Red  tape  has  not  been 
reduced. 

A government request for parliamentary authorisation to rule by decree-law on a number of 
specific issues for a period of six months was granted amid strong criticism by the opposition 
in April 2011. The declared aim was to facilitate restructuring of the central administration, 
by establishing, merging or closing ministries. One of the main changes is the introduction of 
an additional level between the Minister and the undersecretary of "deputy minister" in 20 of 
the  ministries.  These  posts  can  be  given  to  officials  from  outside  the  parliament,  including 
representatives  of  the  private  sector.  The  parliamentary  authorisation  also  empowered  the 
government to amend the Civil Service Law in order to regulate the principles and procedures 
for  the  appointment,  promotion,  transfer  or  compulsory  retirement  of  officials,  workers  and 
contract personnel employed in public institutions. 

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The  Law  establishing  the  Ombudsman  has  yet  to  be  adopted.  A  draft  has  already  been 
submitted  to  parliament.  It  provides  for  a  Head  Ombudsman  to  be  elected  by  parliament. 
There could be up to four rounds of voting; in the fourth, the Head Ombudsman is elected by 
simple majority. As the Ombudsman does not issue binding decisions, he or she must be held 
in high regard by the people and be perceived as non-partisan, fair, impartial and reasonable. 
In  this  regard,  EU  Member  States'  practice  requires  consensus  and,  thus,  involves  high 
parliamentary  majorities  for  election  of  the  Ombudsman.  The  draft  also  provides  that 
transactions by the army of a military nature do not fall under the powers of the Ombudsman. 
The practice in most EU Member States is that an Ombudsman oversees the military in one 
way or another. Other provisions of the draft would empower the Ombudsman to respond to 
individual  complaints  and  recommend  improvements  in  the  way  the  public  administration 
works. There are no provisions allowing the Ombudsman to conduct inquiries on his or her 
own initiative. Finally, the draft grants Turkish citizens up to 90 days to submit complaints to 
the Ombudsman. This is short compared with practice at EU level. 

Further efforts are needed to build capacity to implement the revised Law on the TCA and to 
carry out the full range of government auditing so that the TCA can fulfil its role of ensuring 
accountability in the public administration. Efforts are also required to implement the Public 
Financial Management and Control Law, particularly on strengthening internal audit capacity 
and the strategy development units and implementing strategy documents. 

A  decree  adopted  in  August  2011  authorises  relevant  ministers  to  monitor  and  inspect  all 
kinds of activities and transactions of independent regulatory authorities established in recent 
years in line with obligations stemming from the acquis or international standards. This raises 
concerns as to the independence of the regulatory authorities when carrying out their duties in 
a number of policy areas such as competition, energy and information society.  

No  progress  can  be  reported  on  the  decentralisation  process.  Devolution  of  powers,  in 
particular transfer of financial revenues to local administrations has not materialised.  

Overall,  there  has  been  some  progress  in  legislative  reforms  with  regard  to  the  public 
administration  and  civil  service.  Attention  needs  to  be  paid  to  establishment  of  the 
Ombudsman  institution.  Greater  political  support  for  public  administrative  reform  and 
decentralisation is necessary. 

Civilian oversight of security forces  

In October 2010, the National Security Council approved a revised National Security Policy. 
This document is not public. It was reportedly prepared mainly by the civilian authorities. 

The investigation into the "Sledgehammer" alleged coup case was extended with the arrest of 
further  officers,  mostly  from  the  Air  Force.  Hearings  of  the  case  continued  before  the  10th 
Istanbul  Serious  Crimes  Court  in  Silivri.  (see  section  2.1  Democracy  and  the  Rule  of  Law) 
The trial of seven suspects, including a former Kayseri Gendarmerie Brigade Commander and 
a  former  Mayor  of  Cizre,  who  are  charged  with  twenty  murders  in  the  Southeast,  is 
continuing. On the initiative of NGOs and in response to requests from the families of missing 
persons, excavations of mass graves have started. Calls for a "truth commission" have been 
rejected.  Further  to  the  2010  constitutional  amendments,  decisions  by  the  Supreme  Military 
Council  concerning  dismissals  of  military  personnel  have  been  opened  to  civilian  judicial 
review. Military officers dismissed from the army now have the right to appeal against their 
dismissals  and  retire  with  benefits  or  to  obtain  employment  at  a  state  institution.  A 

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commission  has  been  set  up  within  the  Ministry  of  Defence  to  examine  applications  and 
decide  within  a  year.  Following  a  decision  by  the  Military  Court  of  Cassation  the  Şemdinli 
case9is now tried by the Van Serious Crimes Court, a civil court. During the first hearing in 
July the court accepted a lawyers' request to investigate four high-ranking officers, including a 
former Chief of Staff.  

As regards civilian oversight of military expenditure, good progress was made, in the form of 
adoption of the Law on the Court of Accounts in December 2010. This provides for external 
ex-post  audits  of  armed  forces'  expenditure. It  also  paves  the  way  for  audits  of  extra-
budgetary resources earmarked for the defence sector, including the Defence Industry Support 
Fund. 

The  Under-Secretariat  for  Public  Order  and  Security,  established  in  2010  to  develop  and 
coordinate  counter-terrorism  policies,  and  affiliated  to  the  prime  Ministry  since  July  2011, 
came into operation and served as Secretariat for the Counter-Terrorism Coordination Board. 
The Board convened for the second time in February 2011. 

The number of incidents where the armed forces exerted formal and informal influence over 
political issues beyond their remit continued to decrease. 

On the eve of the Supreme Military Council of August 2011, the Chief of Staff, along with the 
Force Commanders, requested their retirement. Appointment of the force commanders in the 
Supreme Military Council meeting without any delay affirmed the government's control over 
the  appointment  of  top-level  commanders.  However,  promotions  continue  to  be  determined 
by  the  General  Staff  with  limited  civilian  control.  Further  reforms  on  the  composition  and 
powers  of  the  Supreme  Military  Council,  particularly  on  the  legal  basis  of  promotions,  still 
need to materialise.  

For the first time, President Gül briefed the Speaker of Parliament and the leader of the main 
opposition  party  about  the  content  of  the  National  Security  Council  after  the  meeting  in 
August. 

However,  on  some  occasions,  the  armed  forces  made  comments  about  ongoing  court  cases 
and investigations. Civilian oversight needs to be further reinforced, particularly in relation to 
the  law  enforcement  duties  of  the  gendarmerie  and  to  the  military  justice  system.  The 
gendarmerie does not report to the Ministry of the Interior and disciplinary offences are taken 
to the General Staff, bypassing both the Ministries of the Interior and Defence. The Law on 
the  provincial  administrations,  which  provided  the  legal  basis  for  the  annulled  EMASYA 
Protocol  allowing  military  operations  to  be  carried  out  without  the  consent  of  local  civilian 
authorities,  has  yet  to  be  amended.  There  is  a  lack  of  transparency  and  accountability  in 
institutions in the security sector, particularly those with intelligence duties. 

The existing legislation, including the Law on the establishment and proceedings of military 
courts defining the functions and jurisdiction of these courts has yet to be amended in order to 
turn the new constitutional provisions into legal reality. These new constitutional provisions 
include matters related to the jurisdiction of military courts, the trial of the Chief of Staff and 
the commanders of the armed forces by the Constitutional Court for offences related to their 
duties and the trial by civilian courts of offences against the security of the State. Finally, the 

9 

The defendants are accused of the November 2005 bombing that killed one person and injured others in 
the town of Şemdinli in South-East Turkey. 

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lack of judicial review of all decisions regarding career management by the Supreme Military 
Council and all other military authorities, remains a concern. 

The  exclusion  of  the  Foundation  for  Strengthening  the  Armed  Forces,  which  controls 
significant financial expenditure , from the audit mandate of the TCA is a major shortcoming 
of the revised Law on the TCA. Publication of the external audit reports on defence, security 
and intelligence institutions will be governed by a regulation yet to be adopted by the Council 
of Ministers.  

No change was made to the Internal Service Law of the Turkish armed forces, which defines 
the  duties  of  the  military  and  contains  an  article  leaving  the  military  significant  scope  for 
intervention  in  politics.  The  Law  on  the  National  Security  Council  was  not  amended  and 
continues to provide a broad definition of security which, depending on interpretation, could 
cover  almost  any  policy  field.  The  Chief  of  Staff  continues  to  report  to  the  Prime  Minister 
rather than the Minister of Defence. 

The  selective  accreditation  by  the  military  of  certain  media  has  continued.  The  secondary 
school curriculum continues to include a national security course given by military officers. 

Overall, good progress has been made on consolidating the principle of civilian oversight of 
security  forces.  The  Supreme  Military  Council  of  August  2011  was  a  step  towards  greater 
civilian  oversight  of  the  armed  forces.  Civilian  oversight  of  military  expenditure  was 
tightened  and  a  revised  National  Security  Plan  adopted.  In  addition,  Supreme  Military 
Council decisions were opened to civilian judicial review. However, further reforms - on the 
composition of the Supreme Military Council, military justice system and the Personnel Law 
of the Turkish Armed Forces – are still needed. In several instances, legislation intended to 
increase  civilian  oversight  of  the  military  (the  Court  of  Accounts  Law  and  the  draft 
Ombudsman  Law)  was  amended  in  parliament,  weakening  such  oversight.  On  some 
occasions, the General Staff made comments on ongoing court cases. 

Judicial system (see also Chapter 23 – Judiciary and fundamental rights) 

There has been progress in the reform of the judiciary, notably with implementing the 2010 
constitutional amendments. 

As  regards  the  independence  of  the  judiciary,  a  Law  on  the  High  Council  of  Judges  and 
Prosecutors  was  adopted  in  December  2010.  The  government  consulted  the  Venice 
Commission of the Council of Europe. This law, together with the constitutional amendments 
approved  by  referendum  in  September  2010,  established  a  new  composition  of  the  High 
Council10 that is more pluralistic and representative of the judiciary as a whole. Sixteen of its 
judicial full members (out of twenty-two) and all twelve substitutes are now elected directly 
by judicial bodies. 

Ministerial influence has been reduced: the Minister of Justice remains President of the High 
Council  and  the  Undersecretary  remains  an  ex  officio  member,  but  as  a  result  of  the 
enlargement  of  the  Council,  the  Ministry  now  accounts  for  less  than  10%  of  the  total 
membership. The Minister of Justice does not sit in any of the three chambers where work is 

10 

The number of full members  of the High Council increased 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 courts, the Justice Academy, law faculties and lawyers. 

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conducted, nor does he participate in plenary meetings on disciplinary matters. The Minister 
and the Undersecretary no longer have the possibility to obstruct the decision-making process 
of  the  High  Council  by  their  mere  absence.  Previously,  they  had  an  'empty  chair'  blocking 
power that they actually used. 

The Inspection Board, previously under the Ministry of Justice, has now been transferred to 
the High Council. Anonymised versions of decisions can be published on the High Council's 
official website. This promotes legal certainty and confidence in the proper administration of 
justice. As regards effective remedies, appeals to judicial bodies against decisions concerning 
dismissal  from  the  profession  are  now  permitted.  The  newly  elected  High  Council  held 
meetings in provinces with judges and prosecutors to collect information and discuss reform 
proposals. 

Ten full and six substitute members of the High Council were elected by first-instance judges 
and prosecutors in October 2010. More than 98% of the first-instance judges and prosecutors 
voted.  Participation  as  candidates  was  open  to  all  judges  and  prosecutors,  including  those 
working  at  the  Ministry  of  Justice.  The  vote  was  secret  and  campaigning  prohibited.  An 
appeal to the Supreme Election Board (YSK) alleging unfair elections and undue influence by 
the Ministry of Justice was rejected unanimously. The High Council started to function with 
its  22  full  members  in  November  as  a  public  legal  entity  with  administrative  and  financial 
autonomy from the Ministry of Justice. 

However,  in  elections  of  members  of  the  High  Council,  every  judge  and  prosecutor  has  the 
right  to  cast  as  many  votes  as  the  number  of  full  and  substitute  Council  members  to  be 
elected. In this system imposed by the Constitutional Court, candidates who are voted by the 
majority could take  all the seats,  thus excluding those supported  by voters  from  a  minority. 
Nomination of the four non-judicial members of the High Council is left to the discretion of 
the  President  of  the  Republic,  whereas  the  National  Assembly  is  not  involved.  The  current 
provisions  do  not  ensure  permanent  representation  of  members  of  the  Bar  in  the  High 
Council. 

The  Minister  can  veto  the  launching  of  disciplinary  investigations  against  judges  and 
prosecutors  by  the  High  Council.  The  judicial  review  does  not  cover  all  first-instance 
decisions  of  the  High  Council,  potentially  affecting  judicial  independence  or  impartiality 
(e.g. decisions  concerning  promotions,  transfers  to  another  location  and  disciplinary 
sanctions). Rules on dismissal of judges and prosecutors from the profession lack clarity and 
precision.  Assessment  of  the  professional  performance  of  judges  and  prosecutors  is  over-
centralised.  Assessment  criteria  applied  by  the  inspectors  need  to  guarantee  judicial 
independence in practice11. 

In the polarised atmosphere that followed the adoption of the constitutional amendments and 
relevant  legislation  by  parliament,  the  presidents  and  members  of  the  high  courts  voiced 
criticism  of  the  judicial  reforms.  Independent  associations  of  judges  and  prosecutors 
expressed  concern  about  the  reforms,  notably  with  regard  to  the  independence  of  the 
judiciary. Some Bar Associations also expressed concern. 

11 

In  April  2011  the  High  Council  introduced  a  new  assessment  system  and  criteria  aimed  at  providing 
transparency  of  the  process,  guaranteeing  judicial  independence  and  avoiding  improper  interference 
with the judges' and prosecutors' private lives. There is yet no track record of implementation of these 
new provisions. 

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The  Semdinli  case  is  still  pending  (See  the  chapter  on  the  civilian  oversight  of  the  security 
forces).  In  April,  the  current  High  Council  reinstated  the  civilian  prosecutor,  previously  in 
charge  of  the  case,  into  the  profession.  The  dismissal  of  this  prosecutor  in  2006  had  raised 
questions about the independence of the judiciary12. 

With regard to impartiality, a Law on the Constitutional Court was adopted in March 2011. 
The  government  consulted  the  Venice  Commission  of  the  Council  of  Europe.  This  law, 
together with the constitutional amendments approved by referendum on 12 September 2010, 
enlarged  the  normal  membership  of  the  Court. This  has  reduced  the  relative  weight  of  high 
courts'  representatives  and  made  the  Constitutional  Court  more  representative  of  the  legal 
community and society at large. Under the old system all members of the Constitutional Court 
were ultimately selected and appointed by the President of the Republic. Now three members 
(i.e.  approximately  18%  of  the  membership)  are  elected  by  the  Turkish  Grand  National 
Assembly. 

The  powers  of  the  Constitutional  Court  have  been  extended  by  introducing  the  individual 
application  procedure.  Anyone  who  claims  that  any  of  his  or  her  fundamental  rights  and 
freedoms guaranteed by the Constitution has been violated by the public authorities can apply 
to  the  Constitutional  Court,  provided  he  or  she  has  exhausted  all  ordinary  legal  remedies. 
Such  individual  applications  reinforce  the  right  of  each  individual  to  be  heard  by  an 
independent and impartial tribunal enshrined in the Turkish Constitution. 

However, there is currently a strict representation ratio for various bodies in the membership 
of the Court. As a consequence, the Constitutional Court is insufficiently representative of the 
Turkish  legal  community  as  a  whole  and  still  over-dominated  by  the  high  courts.  The 
influence of the Grand National Assembly over the composition of the Constitutional Court is 
also inadequate, in terms of both the number of members it elects and the choice of eligible 
candidates.  The  current  election  process  in  the  Assembly13  does  not  fully  guarantee  the 
Court's political impartiality. At the same time, the President of the Republic plays an over-
dominant role in the appointment process. 

Judges  and  prosecutors  or  members  of  a  body  nominating  candidates  for  members  of  the 
Constitutional Court can cast as many votes as the number of candidates for full and substitute 
members to be elected. In this system imposed by a decision of the Constitutional Court itself, 
candidates  who  are  voted  by  the  majority  could  take  all  the  seats,  thus  excluding  those 
supported  by  voters  from  a  minority.  The  process  of  selecting  the  Bar  candidates  does  not 
ensure that the list of candidates is adequately representative of the overall membership of the 
Turkish  Bars,  while  at  the  same  time  not  completely  dominated  by  the  large  metropolitan 
Bars.  Finally,  the  presence  of  two  military  members  of  the  Constitutional  Court  is 
questionable, as constitutional jurisprudence in a democratic system is a civilian matter. 

Practical arrangements at courthouses and during trials regarding judges, prosecutors and the 
defence do not guarantee that the principle of equality of arms is respected or is perceived to 
be. This continues to cloud the perception of the impartiality of judges. 

12 

13 

The  civilian  prosecutor  in  this  case  published  the  indictment  in  early  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 then High Council took the dismissal decision 
in April 2006. 
There are three voting rounds in parliament. In the third, the candidates are elected by simple majority. 

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

With  regard  to  the  efficiency  of  the  judiciary,  the  Laws  on  the  Court  of  Cassation  and  the 
Council of State were amended in order to tackle their large and increasing backlog of cases. 
More  chambers  have  been  established,  working  methods  modified  and  a  large  number  of 
judges and prosecutors appointed. The appointment procedure conducted by the High Council 
was  transparent:  the  number  of  votes  received  by  each  judge  and  the  procedure  followed 
during the appointment process were published on the website of the High Council. 

Legislation was adopted in March 2011 to reduce the workload of first-instance courts. The 
main  aim  is  to  prevent  cases  from  entering  the  court  system,  among  other  things  by 
decriminalising some offences which are now sanctioned by administrative fines and also by 
introducing  legal  fees  for  applicants  to  Regional  Courts  of  Appeal  and  to  the  Court  of 
Cassation  and  transferring  powers  to  issue  certificates  of  inheritance  from  courts  to  public 
notaries. 

The  2011  budget  for  the  judiciary  increased  to  approximately  TL  6,1  billion  (1.81%  of  the 
state budget) from TL 4,7 billion in 2010 (0.55% of GDP).  

However,  neither  an  overall  common  strategic  framework  nor  reliable  indicators  and 
benchmarks have been established by the Ministry of Justice and the High Council for Judges 
and  Prosecutors  to  assess  the  performance  of  courts  and  of  the  judicial  system  as  a  whole. 
Such  a  framework,  indicators  and  benchmarks  would  allow  the  authorities  responsible  to 
assess the human and material resources needed to address the backlog of old cases and the 
influx  of  new  ones  and  would  provide  the  basis  for  optimum  allocation  of  resources  and 
rationalisation of the court network. 

The  current  fragmentation  of  the  Turkish  courts,  which  each  have  a  separate  registry  and 
which are not connected with each other even when they are located in the same courthouse, 
prevents efficient use of the available resources. The regional courts of appeal have not been 
established  yet.  By  law,  they  should  have  been  in  operation  by  June  2007.  The  number  of 
vacancies for judges and prosecutors equals roughly a third of the current judicial staff. 

The Ministry and the High Council have yet to develop benchmarks to monitor and assess the 
duration  of  court  proceedings  and  improve  the  efficiency  and  effectiveness  of  the  judicial 
system.  The  backlog  of  pending  cases  at  the  Turkish  courts  is  increasing  and  Turkey  has  a 
large  backlog  of  pending  serious  criminal  cases.  In  particular,  and  as  regards  first  instance 
courts,  there  were  approximately  1.4  million  pending  criminal  cases  at  the  end  of  2010,  up 
from 1.2 million at the end of 2009. Similarly, the pending civil cases were 1.1 million at the 
end  of  2010,  up  from  1  million  at  the  end  of  2009,  while  those  at  administrative  courts 
reached 200,000 at the end of 2010, an increase of 40,000 as compared to those at the end of 
2009. 

Special  attention  needs  to  be  paid  to  the  duration  of  cases  involving  pre-trial  detention,  by 
giving  them  priority  and  ensuring  that  the  duration  of  the  trial  is  kept  to  the  minimum 
compatible with the quality of the judicial process and respect of the rights of the defendant. 
Arrest-related  articles  of  the  Code  on  Criminal  Procedures  (CPC)  have  been  used,  often 
extensively,  in  a  way  that  might  have  the  same  effect  as  punitive  measures,  whereas 
alternatives to arrest or detention are under-used. A 2005 amendment to the CPC limiting the 

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detention period entered into force at the end of 2010, resulting in the release of a number of 
prisoners. 

Pre-trial detention is not limited to circumstances where it is strictly necessary in the public 
interest.  In  some  terror-related  cases,  defendants  and  their  lawyers  have  not  been  permitted 
access to incriminating evidence early in the proceedings14. Frequent use of arrest instead of 
judicial  supervision,  leaks  of  information,  evidence  or  statements,  limited  access  to  files, 
failure to give detailed grounds for detention decisions and revision of such decisions raised 
concerns.  Finally,  no  authoritative  information  has  been  made  available  from  either  the 
prosecution  offices  or  the  courts  on  all  these  issues  of  wide  public  interest.  Despite 
preparatory  work  conducted  by  both  the  High  Council  and  the  Justice  Academy, 
spokespersons at prosecution offices or at courts are not yet operational. 

There  is  a  need  to  improve  the  work  of  the  police  and  the  gendarmerie  together  with  the 
working  relationship  between  the  police,  gendarmerie  and  judiciary  in  order  to  address 
concerns raised during investigations in some high-profile cases. A Regulation on the judicial 
police, as provided for under Article 167 of the CPC, was adopted in 2005. It came into force 
on 1 June 2005 together with the CPC but has yet to be implemented. Hence, judicial police 
units  attached  to  prosecution  offices  have  yet  to  be  established.  As  a  result,  prosecutors 
currently rely on judicial police units operating under the hierarchical control of the Ministry 
of the Interior. 

Mediation is not effectively implemented and judges, prosecutors and lawyers are not trained 
for the task. The court experts' system does not provide for official lists of experts and fees. 
Nor  does  it  set  deadlines  for  submitting  experts'  opinions  or  make  court  experts  subject  to 
cross-examination.  The  process  of  transferring  forensic  medical  examinations  to  State 
hospitals  or  health  centres  has  been  slow  and  has  yet  to  be  completed.  The  backlog  of  the 
Forensic  Medicine  Institute  leads  to  delays  in  judicial  proceedings.  Cross-examination  in 
criminal trials is not fully implemented. 

A  large  number  of  measures  in  the  judicial  reform  strategy  adopted  by  the  government  in 
August  2009  have  been  implemented  by  the  constitutional  amendments  and  ensuing 
legislation.  There  is  a  need  to  review  the  existing  strategy  in  a  transparent  and  inclusive 
fashion, so that  the  revised strategy  will be owned by the Turkish legal community  and  the 
wider public. 

Overall, progress has been made in the area of the judiciary. The adoption of legislation on 
the High Council of Judges and Prosecutors and on the Constitutional Court marks progress in 
the independence and impartiality of the judiciary. Steps have also been taken to improve the 
efficiency of the judiciary and address the increasing backlog of the courts. However, further 
steps are needed on the independence, impartiality and efficiency of the judiciary, including 
the  criminal  justice  system  and  the  large  backlog  of  pending  serious  criminal  cases.  The 
Minister  can  veto  the  launching  of  disciplinary  investigations  concerning  judges  and 
prosecutors by the High Council. Judicial proceedings need to be made transparent and courts 
and prosecution offices need to inform stakeholders and the public at large on issues of public 

14 

As a rule, defendants and their lawyers should have access to documents pointing to their innocence or 
guilt early in the proceedings. Limitations to this right must be justified by the need to protect a specific 
public interest and be allowed by a judge's decision. 

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interest. The upcoming review of the judicial reform strategy needs to be carried out with the 
participation of all stakeholders, the Turkish legal community and civil society. 

Anti-corruption policy (see also Chapter 23 – Judiciary and fundamental rights) 

In  line  with  the  2010-2014  Strategy  and  Action  Plan15,  an  Executive  Committee  for 
Increasing Transparency and Fighting Corruption16 has coordinated working groups preparing 
proposals  on  28  corruption-related  issues.  The  Committee  of  Ministers  on  anti-corruption 
policy  approved  all  the  proposals.  However,  there  was  no  increase  in  the  strength  or 
independence  of  institutions  involved  in  the  fight  against  corruption,  which  are  not 
sufficiently staffed. Participation by civil society, particularly in the Executive Committee and 
in implementing the strategy, needs to be strengthened.  

Turkey  has  implemented  19  of  the  21  recommendations  made  in  the  2005  first  and  second 
evaluation  reports  by  the  Group  of  States  against  Corruption  (GRECO).  There  has  been  no 
progress in limiting the immunities of Members of Parliament or of senior public officials in 
corruption-related cases and establishing objective criteria setting the conditions under which 
their  immunity  could  be  lifted.  Two  major  sets  of  GRECO  recommendations  on 
"Incrimination"  and  "Transparency  of  Party  Funding"  remain  to  be  implemented  after  the 
third evaluation round adopted in March 2010.  

Legislation  on  political  parties  imposes  some  restrictions  on  the  amount  and  nature  of 
donations  parties  may  receive.  However,  there  has  been  no  progress  concerning  the 
transparency  of  financing  political  parties.  Auditing  of  political  parties  remains  weak  and 
there  is  no  legal  framework  for  auditing  election  campaigns  or  the  financing  of  individual 
candidates.  There  is  no  limit  on  general  party  and  campaign-related  spending.  In  particular, 
the  legislation  contains  no  specific  provisions  on  campaign  financing.  Parties  declare  their 
campaign-related income and expenditure in their general financial statements as part of their 
annual report to the Constitutional Court. The Constitutional Court itself focuses primarily on 
compliance  with  reporting  requirements  and  with  parties'  internal  regulations.  It  does  not 
verify the data and source documents submitted or review them for undisclosed income and 
expenditure. 

5928  civil  servants  working  for  central  and  local  government  received  training  on  ethics 
between  October  2010  and  July  2011.  However,  no  progress  has  been  made  on  extending 
codes of ethics to academics, military personnel or the judiciary. 

The  Law  on  the  Turkish  Court  of  Accounts  (TCA)  adopted  in  December  2010  should 
significantly  strengthen  the  transparency  and  accountability  of  public  administration. 
However, the exclusion of the Foundation for Strengthening the Armed Forces from the audit 
mandate of the TCA is a major shortcoming of the revised Law on the TCA (See section on 
civilian oversight of security forces). There is no administrative act to freeze suspicious assets. 

15 

16 

The government adopted a 2010-2014 strategy for enhancing transparency and strengthening the fight 
against corruption in February 2010.  
The  Executive  Committee  for  Increasing  Transparency  and  Fighting  Corruption  is  made  up  of 
representatives  of  public  institutions,  trade  unions  and  the  Turkish  Union  of  Chambers  and  Stock 
Exchanges  (TOBB).  Its  task  is  to form  further  anti-corruption  strategies  and  monitor implementation. 
The Prime Ministerial Inspection Board has been appointed with the task of providing technical support 
and secretariat services to the Executive Committee.  

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No  steps  have  been  taken  to  build  up  a  track  record  of  investigations,  indictments  or 
convictions related to corruption cases. 

As regards the investigation into the charity Deniz Feneri concerning a fraud case in Germany 
which started in 2009, the former head of the Radio and Television Supreme Council (RTÜK) 
and four senior executives of the television network Kanal 7 were detained. No indictment has 
been  submitted  to  the  courts  yet.  Changes  to  the  prosecutorial  team  investigating  the  case 
raised concerns.  

Overall, limited progress has been made on implementing the strategy and the action plan to 
combat corruption. Effective implementation of the strategy is necessary to reduce corruption 
which  remains  prevalent  in  many  areas.  The  lack  of  transparency  relating  to  political  party 
financing and the scope of immunities remain major shortcomings. Greater political support 
for  strengthening  the  legislative  framework  to  fight  corruption  and  the  measures  taken  to 
implement it is needed. Turkey needs to build up a track record of investigations, indictments 
and convictions. 

2.2. 

Human rights and the protection of minorities (see also chapter 23 - Judiciary & 
fundamental rights) 

Observance of international human rights law 

As for ratification of international human rights instruments, parliament passed legislation 
to  ratify  the  Council  of  Europe  Convention  on  the  Protection  of  Children  against  Sexual 
Exploitation and Sexual Abuse  in November 2010.  Turkey ratified the Optional Protocol to 
the  UN  Convention  against  Torture  (OPCAT)  in  September  2011.  Ratification  of  three 
additional Protocols to the European Convention on Human Rights (ECHR)17 is still pending.  

During  the  reporting  period,  the  European  Court  of  Human  Rights  (ECtHR)  delivered  a 
total of 418 judgments finding that Turkey had violated rights guaranteed by the ECHR. The 
number  of  new  applications  to  the  ECtHR  went  up  for  the  fifth  consecutive  year.  Since 
October 2010, a total of 7,764 new applications have been made to the ECtHR. Most of them 
concern the right to a fair trial and protection of property rights. In September 2011, 18,432 
applications  regarding  Turkey  were  pending  before  the  ECtHR.  Turkey  has  abided  by  the 
majority  of  ECtHR  rulings,  including  payment  of  compensation  totalling  € 24.5  million  in 
2010.  Some  rulings  have  not  been  followed  up  by  Turkey  for  several  years18.  The 
government's announcement that it would address these issues was not followed through. 

In  the  Cyprus  v.  Turkey  case,  the  issues  of  missing  persons  and  restrictions  on  the  property 
rights  of  Greek  Cypriots  displaced  or  living  permanently  in  the  northern  part  of  Cyprus 
remain  pending.  In  a  number  of  other  cases,  including  the  Xenides-Arestis  v.  Turkey,  the 
Demades v. Turkey, the Varnava and Others v. Turkey cases, Turkey has yet to fully execute 
the decision, including paying the just satisfaction awarded by the ECtHR to the applicants. 

17 
18 

Protocols 4, 7 and 12. 
Non-implementation  of  the  Hulki  Güneş,  Göçmen  and  Söylemez  judgments  has  resulted  in  the 
defendants  being  deprived  of  liberty  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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Following the Grand Chamber Decision of 5 March 2010 on the Demopoulos v. Turkey case, 
around 1500 applications from Greek Cypriot owners have been lodged with the Immovable 
Property Commission (IPC). So far, overall around 200 cases have been concluded, mainly by 
friendly settlements. 

Regarding  promotion  and  enforcement  of  human  rights,  the  government  has  submitted 
draft legislation on the Ombudsman to parliament (See section on public administration). 

Public  officials,  judges,  public  prosecutors  and  police  officers  received  training  on  human 
rights. A Department of Human Rights has been established within the Ministry of Justice to 
follow up ongoing cases before the ECtHR and the execution of judgements. 

The  Human  Rights  Investigation  Committee  of  parliament  received  nearly  1500  petitions 
since October 2010, most of which concerned judicial review and problems related to prisons. 
It adopted 7 reports since October 2010 and established a sub-committee to probe into the fate 
of people allegedly disappeared under detention, mainly in the Southeast of the country and in 
the aftermath of the 1980 military coup.  

However,  human  rights  institutions  in  line  with  the  UN  Paris  principles,  in  particular  as 
regards  their  independence  and  functional  autonomy,  have  yet  to  be  established.  The  draft 
Law  establishing  the  Turkish  National  Human  Rights  Institution  (NHRI)  submitted  to 
parliament in February 2010 does not comply fully with these principles. It is important that 
the provisions on the mandate, core functions, membership, staffing and funding of the NHRI 
cannot  be  amended  by  implementing  legislation,  but  are  set  out  in  law.  The  NHRI's 
accountability  to  the  Prime  Minister  and  appointment  of  its  members  by  the  Council  of 
Ministers are not in line with the Paris principles. The funding provisions in the draft law do 
not ensure that the budget comes from an autonomous source. Requirements for pluralism and 
gender balance are not explicitly included in the rules on recruitment of staff. The draft law 
does  not  specify  that  there  is  no  restriction  on  the  powers  of  the  NHRI  to  examine  issues 
arising  from  any  part  of  the  State  or  the  private  sector.  Greater  cooperation  with,  and 
involvement of, civil society has yet to be reflected in the draft. 

Criminal  proceedings  were  launched  against  many  human  rights  defenders,  with  much  use 
made  of  terrorism-related  articles  of  Turkish  legislation.  The  wide  definition  of  terrorism 
under the Anti-Terror Law (See the sections on the situation in the south-east and on freedom 
of expression) was not revised and remains a cause for serious concern. 

Overall,  some  progress  was  made  on  observance  of international human rights law, notably 
through the ratification of the OPCAT. However, a number of reforms have been outstanding 
for several years. Legislation on human rights institutions needs to be brought fully into 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 and ratified the OPCAT in September 2011. The latter provides for 
establishment of a national mechanism to prevent torture within one year and regular reports 
on measures to implement the Protocol (See the section on observance of international human 
rights law). 

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The Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading 
Treatment  or  Punishment  (CPT)  published  the  report  on  its  fifth  periodic  visit  to  Turkey19. 
The CPT noted a downward trend in both the incidence and severity of ill-treatment by law 
enforcement officials.  

Training  courses  were  given  to  health  personnel,  judges  and  prosecutors  on  effective 
investigation  and  documentation  of  torture  and  ill-treatment  cases  with  a  view  to  effective 
implementation  of  the  Istanbul  Protocol  on  the  investigation  of  torture  and  ill-treatment  in 
Turkey.  

However,  law  enforcement  bodies  continued  in  some  cases  to  apply  disproportionate  force. 
Civil  society  organisations  reported  disproportionate  use  of  firearms  by  security  forces, 
resulting in deaths. The CPT's report on its fifth periodic visit to Turkey states that a number 
of  credible  allegations  of  physical  ill-treatment  were  received,  which  concerned  mainly 
excessive use of force during arrest. With regard to the conditions of immigration detainees, 
major  shortcomings  were  found  in  several  of  the  detention  centres  visited,  including  severe 
overcrowding, dilapidated conditions, limited access to natural light, poor hygiene and lack of 
outdoor exercise.  

Law  enforcement  bodies  frequently  launched  counter-cases  against  persons  who  alleged 
torture or ill-treatment. Such proceedings may deter complaints. In many instances such cases 
launched by security forces are given priority by the courts.  

Under a tripartite protocol which is still in force between the Ministries of Health, Justice and 
the Interior, law enforcement officers are sometimes present during medical examinations on 
prisoners. 

Efforts to fight impunity for human rights violations have not been sufficient. As noted by the 
ECtHR,  criminal  proceedings  have  still  not  been  finalised  against  members  of  the  security 
forces who took part in an operation at Diyarbakir prison on 24 September 1996, which led to 
the  death  of  ten  prisoners  and  injury  of  six.  Consistent  lack  of  thorough  independent 
investigations  into  alleged  extrajudicial  killings  by  security  and  law  enforcement  officers 
persists. The case against an Istanbul police officer regarding the killing of a Nigerian asylum 
seeker  has  not  advanced.  There  is  still  no  independent  police  complaints  mechanism. 
Administrative investigations into allegations of torture or ill-treatment continue to be carried 
out by fellow police officers, putting at risk the impartiality of the investigation.  

Law  enforcement  officers  found  guilty  of  torture,  ill-treatment  or  fatal  shootings  received 
short or suspended sentences. Prosecutions of allegations of torture are often conducted under 
penal code provisions20 allowing lighter sentences or the possibility of imposing a suspended 
sentence.  

Cases of ill-treatment, unexplained deaths, torture and the lack of fair trials within the military 
during military service have been reported. In April, the ECtHR found Turkey in violation of 
the  ECHR  with  regard  to  the  right  to  a  fair  trial  in  one  case  before  the  supreme  military 

19 
20 

http://www.cpt.coe.int/documents/tur/2011-13-inf-eng.htm. 
Articles 256 (“excessive use of force”) or 86 (“intentional injury”) of the Turkish Penal Code are often 
used  to  issue  lighter  sentences  instead  of  Articles  94  (“torture”)  or  95  (“aggravated  torture  due  to 
circumstances”) which stipulate heavier sentences.  

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administrative court.21 Several trials are in progress concerning allegations of ill-treatment of 
conscientious objectors in military prisons.  

Overall,  there  has  been  little  progress  in  practice,  although  ratification  of  the  OPCAT  is  a 
significant  step.  The  positive  trend  on  prevention  of  torture  and  ill-treatment  continued. 
However,  disproportionate  use  of  force  by  law  enforcement  officials  continued  to  be  a 
concern, particularly outside official places of detention. Reports of torture or ill-treatment in 
prisons  increased,  especially  in  south-eastern  provinces.  There  has  been  no  progress  on 
tackling impunity. There is a significant backlog of judicial proceedings. 

Implementation of the prison reform programme continued.  

The case management model developed by the Ministry of Justice to improve rehabilitation 
services is in operation in 4 juvenile prisons.  

An  amendment  to  the  Code  on  Criminal  Procedures  (CPC)  entered  into  force  at  the  end  of 
2010,  limiting  the  period  which  can  be  spent  in  custody  before  the  final  sentencing.  This 
could reduce the prison population.  

Architectural changes to some high-security prisons enabled more communal activities.  

In terms of access to healthcare, a commission has been established by the Ministry of Justice 
to  improve  conditions  in  prison  wards  at  certain  hospitals  in  line  with  human  and  patient 
rights. By February 2011 the number of rehabilitation centres for convicts and detainees had 
increased to five. 

The number of judgments including probation sentences increased22.  

However,  the  prison  population  continued  to  increase23.  This  leads  to  overcrowding,  puts 
pressure on staff and other resources and limits the possibility of using newly built prisons to 
improve  conditions  for  the  inmates.  One  major  factor  continuing  to  contribute  to  over-
population in prisons is the length of time it can take to complete a trial and impose a sentence 
in criminal cases. Some 47% of the prison population has not received a final sentence (See 
section on the judiciary). 

The  prison  system  does  not  have  adequate  resources,  notably  with  regard  to  the  number  of 
prison  staff  and  their  qualifications,  despite  the  appointment  of  an  additional  4,929  staff  in 
2010 and the existence of four training centres.  

The  number  of  juvenile  correctional  facilities  is  insufficient,  notwithstanding  the  launch  of 
juvenile prison-building work by the Ministry of Justice. Children are not fully separated from 
adults in all prisons. This is especially the case with girls24 (See section on children's rights). 

21 

22 

23 

24 

In April the ECtHR found Turkey in violation of Article 5.1 of the ECHR in the Pulatlı vs. Turkey case. 
The ECtHR held, unanimously, that there had been a violation of Article 5 § 1 of the ECHR and that 
these incidents are systemic problems deriving from disciplinary sanctions imposed by higher-ranking 
officers for breaches of military discipline, which are not subject to judicial review. 
The  probation  system  dealt  with  104,622  persons  nationwide  in  2010  and  the  number  of  judgments 
including probation sentences increased by 33% from 63,449 in April 2010 to 84,526 in April 2011.  
In April, there were 123,916 prisoners in penitentiaries; 69,648 of  them had been convicted but there 
were 35,084 inmates whose cases were pending. 
The number of children in prison is 506.  

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The standards for monitoring national prisons are still not in line with those of the UN. Prison 
monitoring boards are not effective and there is not a board for each individual prison. They 
have  neither  the  right  nor  the  resources  to  carry  out  unannounced  visits.  In  some  provinces 
provincial  human  rights  boards  carry  out  random  visits,  but  their  reports  have  not  led  to 
changes in practice.  

Delays in the work of the Forensic Medicine Institute can lead to damaging delays in trials of 
sick  prisoners.  There  are  serious  problems  with  transferring  prisoners  to  hospitals  for 
treatment. Hospitals regularly used by prisons often have no secure rooms. Complaints were 
received  about  medical  examinations  conducted  in  the  presence  of  security  staff  and  of 
prisoners being handcuffed during medical consultations in civilian hospitals.  

The authorities have yet to adopt a general statement of principles on restrictions that can be 
imposed  on  prisoners'  rights,  incorporating  the  principles  of  the  ECHR.  Newspapers, 
magazines and books continue to be forbidden in prisons. The practice adopted in prisons in 
relation to open and closed visits is a concern. There are still reports of restrictions on use of 
the  Kurdish  language  in  prisons,  during  visits  and  exchanges  of  letters.  Practice  varies 
between prison administrations. A complete overhaul of the complaints system in prisons to 
make  it  genuinely  available  to  all  prisoners  should  be  carried  out,  in  accordance  with  the 
OPCAT. 

The judicial case focusing on the incidents at Bayrampaşa prison during the "Return to Life" 
Operation  in  2000,  when  the  police  violently  ended  the  hunger  strike  of  prisoners  who  had 
protested  against  their  transfer  to  F-type  prisons  and  during  which  twelve  prisoners  died,  is 
still pending. In the meantime the ECtHR admitted a case about this operation.  

Overall,  the  increasing  prison  population  is  leading  to  serious  overcrowding,  which  is 
hampering attempts to improve detention conditions. A complete overhaul of the complaints 
system  in  prisons  is  needed.  Implementation  of  the  OPCAT  should  help  tackle  some 
problems. Close attention should be paid to making sure that new arrangements for medical 
services meet the requirements of the prison environment. An urgent review of the system for 
dealing  with  juveniles  is  needed  to  minimise  the  number  in  prison  and  the  time  they  spend 
there and make sure that detention conditions meet the needs of children.  

There  have  been  limited  improvements  in  access  to  justice.  The  efforts  of  Bar  associations 
improved citizens' awareness of their rights in terms of access to justice. 

However, problems remained in rural areas and for disadvantaged groups. A large proportion 
of prison inmates, including women and juveniles, have had only limited access to legal aid. 
Prison inmates are not always aware that legal aid is available. In domestic violence cases, the 
documentation requested in order to benefit from legal aid has, in practice, delayed protection 
of victims. 

Financial resources allocated for legal aid are not adequate. Lawyer's fees are very low and, in 
any case, not comparable with the fees paid by defendants in ordinary cases.  

Public awareness of legal aid is limited. The Ministry of Justice, the High Council of Judges 
and  Prosecutors  and  the  courts  do  not  publish  information  relating  to  judicial  proceedings. 
The  courts  do  not  provide  parties  with  forms  or  models  to  file  petitions  and  have  no 
information  desks.  Defendants  continue  misguidedly  to  believe  that  requesting  a  lawyer 
implies guilt.  

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Overall,  limited  progress  has  been  made  on  access  to  justice.  The  legal  aid  provided  is  of 
inadequate scope and quality. There is no effective monitoring mechanism that would remedy 
long-standing problems.  

As  regards  freedom  of  expression,  the  media  and  public  continued  debating  openly  and 
freely a wide range of topics perceived as sensitive, such as the Kurdish issue, minority rights, 
the Armenian issue and the role of the military. Opposition views are regularly expressed.  

Following  the  review  of  the  legal  framework  on  freedom  of  expression  by  the  Ministry  of 
Justice,  a  draft  law  has  been  submitted  to  parliament  with  the  aim  of  changing  a  limited 
number of articles of the Turkish Criminal Code, including Articles 285 and 288, which are 
often used to start procedures against journalists. Few cases have been initiated on the basis of 
Article 301 of the Turkish Criminal Code (TCC), after it was amended in May 2008. 

However,  the  high  number  of  violations  of  freedom  of  expression  raises  serious  concerns. 
Freedom  of  the  media  was  restricted  in  practice.  The  imprisonment  of  journalists,  and  the 
confiscation  of  an  unpublished  manuscript  in  connection  with  the  Ergenekon  investigation, 
fuelled these concerns. A large number of journalists remain in detention. 

A large number of cases were launched against writers and journalists writing on the Kurdish 
issue. Pressure on newspapers which report on the Kurdish question or publish in Kurdish has 
continued. Several left-wing and Kurdish journalists were convicted of terrorism propaganda 
(See section on the situation in the south-east). 

A  large  number  of  violations  of  freedom  of  expression  by  Turkey  were  submitted  to  the 
ECtHR.  In  order  to  comply  with  the  rulings  of  the  ECtHR,  legal  amendments  need  to  be 
introduced.25  

Turkey's criminal legislation remains highly problematic; it is open to disproportionate use to 
limit freedom of expression. The Press Law and the Law on the protection of Atatürk are also 
used to restrict freedom of expression. A number of articles of the TCC require revision, such 
as Article 125 which criminalises defamation, Articles 214, 215, 216 and 220 on protection of 
public  order,  Article  226  which  outlaws  publication  or  broadcasting  of  obscene  material, 
Article  285  which  protects  the  confidentiality  of  investigations,  Article  288  which  outlaws 
attempts to influence the judiciary, Article 314 on membership of an armed organisation and 
Article 318 which makes it an offence to discourage people from performing military service. 
Restrictions on freedom of expression stemming from a wide definition of terrorism under the 
Anti-Terror Law continue to be a cause for concern. In particular, Articles 6 and 7 of this law 
need to be revised. 

Another important problem is the lack of proportionality in the interpretation and application 
of  the  existing  legal  provisions  by  courts  and  prosecutors,  which  leads  to  violations  of 
freedom  of  expression.  The  role  of  prosecutors,  including  special  "press  prosecutors",  in 
initiating  criminal  proceedings  affecting  freedom  of  expression  without  due  restraint  is 
particularly important and raises concerns. A large number of draft indictments on grounds of 
article  301  of  the  TCC  are  still  submitted  by  prosecutors  to  the  Minister  of  Justice  for 
examination, for most of which permission to prosecute is denied.  

25 

One example is the Ürper and others v. Turkey case, where the ECtHR ruled that Turkey should revise 
Article 6(5) of the Anti-Terror Law. 

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As highlighted in a report of the Council of Europe published in July 2011, the interpretation 
of the concept of "incitement to violence" is not compliant with the case-law of the European 
Court  of  Human  Rights.  No  defences  of  truth  and  public  interest  exist  in  the  Turkish  legal 
system. Other issues hampering the right to freedom of expression are the excessive length of 
criminal proceedings and remands in custody and problems concerning defendants' access to 
evidence against them pending trial. All of this has a chilling effect on freedom of expression 
in  Turkey  and  has  led  to  wide  self-censorship  in  Turkish  media,  as  do  the  recurring  court 
cases  launched  against  the  press  by  high-level  government  and  State  officials  and  by  the 
military.  

A decision by the Turkish Constitutional Court of 2 May 2011 invalidated Article 26 of the 
Press Act. Once this decision will have entered into force in July 2012, prosecutors will  no 
longer be bound to certain time restraints if they want to file a case following a publication in 
a periodical. Currently, the maximum period for filing a case is two months after publication 
for dailies and four months for weeklies.  

The court case on the tax fine imposed in 2009 against the Dogan Media Group, a well-known 
critic  the  government,  continued.  In  general,  numerous  and  high  fines  were  imposed  on  the 
media.  The  satiric  Harakiri  magazine  was  forced  to  cease  publication  after  its  second  issue, 
following a fine of TL 150,000 imposed by the Prime Ministerial Board for the Protection of 
Children  from  Harmful  Publications.  The  Board,  which  reads  books  at  the  request  of 
prosecutors  and  follows  periodicals  in  Turkey  to  evaluate  them  for  possible  obscenity,  has 
been heavily criticised as regards its composition and the scope of its mandate. 

In  March  2011,  a  first-instance  court  agreed  with  the  Court  of  Cassation  and  fined  writer 
Orhan  Pamuk  in  a  civil  procedure  on  the  grounds  that  his  2005  remarks  on  the  killing  of 
Armenians and Kurds had insulted the plaintiffs as Turkish citizens.  

Regarding hate speech, the Council of Europe recommendation encouraging Turkey and the 
media to adopt a code of ethics on respect for religious minorities has not been implemented. 
There is a need for new legislation which would allow effective prosecution of incitement to 
hatred, including by the media. 

The  new  Law  on  the  establishment  and  broadcasting  principles  of  radio  and  TV  stations 
brings only partial improvement as regards the interpretation of certain rules on broadcasting 
bans  and  sanctions  imposed  on  broadcasters.  The  potential  fines  have  been  substantially 
increased. At the beginning of 2011, based on the previous law, the Supreme Board of Radio 
and Television (RTÜK) issued warnings to television stations and imposed fines on them for 
failing  to  respect  the  privacy  of  historical  characters26,  discussions  on  homosexuality27  or 
homosexual scenes in films or series28 (See Chapter 10 – Information society and media). 

26 

27 

28 

In  January  2011,  the  RTÜK  warned  Show  TV  for  portraying  the  country's  Ottoman-era  sultans  as 
drinkers and womanisers in the popular TV series the “Magnificent Century”. 
In January 2011, Habertürk was fined for “showing homosexuality as normal, thus violating the Turkish 
family structure”. 
In  January  2011,  ATV  was  warned  for  showing  two  men  in  bed  in  a  TV  series,  thus  violating  the 
Turkish family structure. In March, the RTÜK launched an administrative procedure against Digitürk, 
which  aired  “Sex  and  the  City  2”  on  one  of  its  coded  channels,  for  showing  a  homosexual  wedding 
scene. 

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There are still frequent website bans of disproportionate scope and duration. Since May 2009 
the  Telecommunications  Communication  Presidency  (TİB)  has  published  no  statistics  on 
banned  sites.  A  case  has  been  brought  against  the  TİB  for  not  supplying  statistics  on  the 
banned sites, as this is not in line with the Law on the right to information. Court cases are 
also ongoing against the You Tube video-sharing website and other web portals. The Law on 
the  Internet,  which  limits  freedom  of  expression  and  restricts  citizens'  right  to  access  to 
information, needs to be revised. In April 2011 TİB, basing itself on the Internet Law, sent a 
letter to hosting companies asking them to cancel websites which included certain potentially 
provocative words. This raised heavy criticism, to which TIB responded that the list of words 
was intended to assist hosting companies identify allegedly illicit web content.  

Reacting  to  strong  criticism,  the  Information  and  Communication  Technologies  Authority 
(ICTA) amended its February 2011 regulation on the principles and procedures for safe usage 
of the Internet. The revised version, which was adopted in August 2011, responds to a number 
of  concerns,  in  particular  by  making  the  Internet  filters  explicitly  optional.  After  a  testing 
phase ending in November 2011 the system will be available to all users. Implementation in 
line with European standards will be essential.  

Overall,  open  debate,  including  on  issues  perceived  as  sensitive,  continued.  However,  in 
practice,  freedom  of  expression  is  undermined  by  the  high  number  of  legal  cases  and 
investigations  against  journalists,  writers,  academics  and  human  rights  defenders  and  undue 
pressure  on  the  media,  which  raises  serious  concerns.  The  present  legislation  does  not 
sufficiently guarantee freedom of expression in line with the ECHR and ECtHR case law and 
permits restrictive interpretation by the judiciary. Frequent website bans are another cause for 
serious  concern.  Turkey's  legal  and  judicial  practices,  legislation,  criminal  procedures  and 
political responses are obstacles to the free exchange of information and ideas.  

As  regards  freedom  of  assembly,  there  were  positive  developments.  Newroz  (New  Year) 
ceremonies  in  the  South  East  and  1  May  demonstrations  took  place  in  a  generally  peaceful 
atmosphere.  This  was  also  the  case  for  demonstrations,  inter  alia  against  restrictions  on 
alcohol advertising and consumption, on judicial reform and on the detention of suspects in 
the  alleged  coup  trials.  Several  activities,  including  Armenian  Genocide  Commemoration 
Day,  organised  by  intellectuals  and  civil  society  representatives  to  commemorate  the  1915 
events also proceeded peacefully.  

However, demonstrations in the south-east of the country and in other provinces related to the 
Kurdish issue, students' rights, the activities of the Higher Education Board (YÖK) and trade 
union  rights  were  marred  by  violence,  including  incidents  of  excessive  force  used  by  the 
security forces. Allegations against members of the security forces for use of excessive force 
were rarely prosecuted or investigated properly (See section on impunity).  

Turkey  still  needs  to  apply  constitutional  provisions  guaranteeing  the  right  to  hold 
demonstrations.  Many  court  cases  are  in  progress  on  charges  of  opposing  the  Law  on 
meetings  and  demonstrations.  This  law  is  currently  being  revised  by  the  Ministry  of  the 
Interior. Problems persist with implementation of the Law on the duties and legal powers of 
the police, especially in the south-east. Civil society organisations and human rights defenders 
often  face  prosecution  and  legal  proceedings  on  charges  of  terrorist  propaganda  during 
demonstrations and protest meetings.  

Turkey's  legislation  on  freedom  of  association  is  broadly  in  line  with  EU  standards. 
However, no moves have been launched to meet the need for changes to the legal framework, 

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including  the  Constitution,  with  regard  to  the  closure  of  political  parties.  There  are  many 
instances of restrictive interpretation of the existing legislation.  

The inclusion of civil society organisations (CSOs) in policy processes, while still in a nascent 
to  face  closure  cases  plus  disproportionate 
stage,  has  advanced.  CSOs  continued 
administrative  checks  and  fines.  Membership  in  associations  continues  to  require  a  Turkish 
residency permit and foreign CSOs are subject to specific regulations. 

Legislative and bureaucratic obstacles impeding the financial sustainability of CSOs persist, 
e.g. with respect to the collection of domestic and international aid, to obtaining public benefit 
status  for  associations  and  tax  exemptions  for  foundations,  etc.  The  lack  of  simplified  rules 
creates difficulties for small or medium-sized associations. 

The judicial investigation into the Istanbul branch of the Human Rights Association has been 
pending for two years. The Labour Court ordered the closure of Yargı Sen (the trade union of 
judges  and  public  prosecutors),  established  in  early  2011,  based  on  the  argument  that  its 
establishment  is  contrary  to  domestic  legislation.  However,  this  legal  basis  needs  to  be 
updated in line with the 2010 constitutional amendments and the international obligations of 
Turkey. The trade union appealed to the Court of Cassation.  

More  restrictive  legislation  applied  to  foreign  associations,  with  the  Ministry  of  the  Interior 
(MoI)  having  to  consult  the  Ministry  of  Foreign  Affairs  (MFA)  to  allow  the  opening  of  a 
representation. Some foreign civil society organisations were rejected by or received no reply 
from the MoI without being given specific reasons.  

The case against the party leaders and executive members of the Socialist Democracy Party 
and the Social Freedom Platform is pending. Some of them are still detained for alleged links 
to the Revolutionary HQ, an illegal organisation.  

In December 2010, the ECtHR found Turkey in violation of the rights to freedom of assembly 
and  association  in  connection  with  the  closure  of  the  HADEP  party  by  the  Constitutional 
Court in March 200329. 

Overall,  as  regards  freedom  of  assembly,  there  has  been  progress  on  the  ground.  However, 
demonstrations in the south-east of the country and in other provinces related to the Kurdish 
issue,  students'  rights,  the  activities  of  the  higher  education  supervisory  board  (YÖK)  and 
trade  union  rights  were  marred  by  disproportionate  use  of  force.  Legislation  on  freedom  of 
association  is  broadly  in  line  with  EU  standards.  However,  disproportionate  controls  and 
restrictive interpretation of the law remain; funding rules for CSOs remain restrictive. There 
were  no  developments  as  regards  amendment  of  the  legislation  on  the  closure  of  political 
parties.  

Concerning freedom of thought, conscience and religion, freedom of worship continues to 
be  generally  respected.  Ecumenical  Patriarch  Bartholomew  celebrated  in  August,  for  the 
second time after almost nine decades, the Divine Liturgy of the Dormition of Theotokos at 

29 

Under  Article  69(9)  of  the  Constitution,  the  Constitutional  Court  banned  46  HADEP  members  and 
leaders from becoming founder members, ordinary members, leaders or auditors of any other political 
party for a period of five years. The Constitutional Court also ordered the transfer of HADEP's property 
to the Treasury. The decision of the Constitutional Court became final following its publication in the 
Official Gazette on 19 July 2003.  

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the  Soumela  monastery  in  the  Black  Sea  province  of  Trabzon.  In  September  the  second 
religious service since 1915 was held at the Armenian Holy Cross church on the Akhdamar 
island  in  lake  Van.  A  Protestant  church  was  officially  opened  in  June  in  the  city  of  Van  in 
Eastern Turkey. The Turkish authorities, including a Deputy Prime Minister, held a number of 
meetings  with  the  religious  leaders  of  non-Muslim  communities,  including  a  visit  to  the 
Ecumenical Patriarchate, the first visit by a high-ranking official of the Patriarchate since the 
1950s. 

Following seven workshops held in the context of the 2009 Alevi opening, a final report was 
issued  in  March  2011.  The  Ministry  of  National  Education  has  prepared  new  religious 
education textbooks containing information on the Alevi faith, too. These are to be used as of 
the 2011-2012 school year. A small number of municipal councils have recognised de facto 
Cem  houses  as  places  of  worship.  The  government  expropriated  Madimak  Hotel30  in  Sivas. 
Alevis have demanded that the hotel be turned into a museum. 

The 2010 ECtHR judgment in the Özbek and others v. Turkey case about the establishment of 
the  Kurtuluş  Protestant  Church  Foundation  in  Ankara  (violation  of  Article  11)  was 
implemented. 

Legislation  amending  the  February  2008  Law  on  foundations  was  adopted  in  August  2011. 
The current legal framework broadly provides for the return of properties entered in the 1936 
declarations of the non-Muslim community foundations widening, thus, the scope of the 2008 
Law. (See section on property rights). 

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 schools. A 2007 ECtHR judgment31 regarding compulsory religious education has 
yet  to  be  implemented.  Exemptions  from  attending  such  classes  are  rare  and  difficult  to  obtain, 
particularly if the identity card of the applicant does not list a religion other than Islam or if 
the  religion  entry  on  the  card  is  blank.  No  alternative  classes  are  provided  for  students 
exempted  from  these  classes,  and  there  are  reports  that  students  not  attending  these  classes 
have been given lower marks. 

Non-Muslim communities – as organised structures of religious groups – still face problems 
due to their lack of legal personality. This has implications at least for their property rights, 
their  access  to  justice  and  their  ability  to  raise  funds.  The  2010  Council  of  Europe  Venice 
Commission recommendations32 in this regard have yet to be implemented. 

30 

31 

32 

On 2 July 1993 a mob besieged the Madimak Hotel in Sivas that was hosting a Pir Sultan Abdal culture 
festival. The hotel was set on fire, resulting in the death of 37 people – mostly Alevi writers, poets and 
artists  participating  in  the  festival.  In  a  symbolic  gesture,  in  2009  the  Ministry  of  Culture  started 
discussions to establish a cultural centre in the Madimak Hotel in memory of the victims of the 1993 
events. 
In October 2007 the ECtHR found that these classes did not just give a general overview of religions 
but provided specific instruction in the guiding principles of the Muslim faith, including its rites. The 
Court requested Turkey to bring its education system and domestic legislation into line with Article 2 of 
Protocol 1 to the ECHR. 
In March 2010, 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 personality. 

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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 is still closed. 
The  Armenian  Patriarchate's  proposal  to  open  a  university  department  for  the  Armenian 
language and clergy has been pending for four years now. 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.  The  Venice  Commission's  2010  conclusion  that  any  interference  with  this  right 
would constitute a violation of the autonomy of the Orthodox Church under Article 9 of the 
ECHR has yet to be implemented. As regards participation in religious elections held in the 
patriarchate, Turkish and foreign nationals should be treated equally in terms of 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.  There  have  been  reports  of  harassment  by  local  officials  of 
persons  who  converted  from  Islam  to  another  religion  and  sought  to  amend  their  ID  cards. 
Some non-Muslims maintained that listing religious affiliation on their identity cards exposed 
them  to  discrimination.  The  2010  Sinan  Isik  v.  Turkey  ECtHR  judgment,  which  ruled  that 
indication of religious affiliation on identity cards is in breach of the Convention, has yet to be 
implemented. 

Alevi places of worship are not recognised and Alevis often experience difficulties in opening 
them. Two refusals by the administration to approve places of worship were taken to courts, 
which upheld the decisions. One case is now pending before the ECtHR, after exhausting all 
domestic remedies. 

to  establishing  or  continuing 

Non-Muslim religious communities report frequent discrimination, administrative uncertainty 
and  numerous  obstacles 
to  use  places  of  worship. 
Implementation  of  zoning  legislation  by  local  authorities  differs  from  province  to  province. 
This  results  in  often  arbitrary  refusals  to  issue  construction  permits  for  places  of  worship. 
Since  the  relevant  legislation  was  amended  in  200333,  there  has  been  no  construction  or 
designation  of  a  plot  for  a  new  Protestant  church  or  a  Jehovah's  Witness  Kingdom  Hall.  In 
Mersin a court ordered the closure of a Kingdom Hall that was considered to have violated the 
zoning law. The case has been taken to the ECtHR.  

Jehovah's witnesses have been refused exemption from property taxes in Istanbul and Ankara. 
A  number  of  court  cases  are  pending  on  taxation  issues.  Alevis  and  non-Muslim  religious 
communities  have  to  pay  electricity  and  water  bills,  whereas  the  State  budget  covers  such 
expenses for mosques. 

Missionaries are widely perceived as a threat to the integrity of the country and to the Muslim 
religion.  A  court  in  Silivri  found  two  missionaries  not  guilty  of  inciting  hatred  or  insulting 
Turkishness but guilty of registering personal data34. The court case concerning the killing of 

33 

34 

The Law on public works was amended as part of the sixth reform package, followed by a circular in 
September 2003 replacing the word “mosque” with the phrase “places of worship”. 
Originally filed in October 2006, this case under Article 301 of the Turkish Criminal Code accused two 
former Muslims who converted to Christianity, of insulting Turkishness and the Muslim religion while 
involved in evangelistic activities in Silivri, west of Istanbul. 

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three Protestants in Malatya in April 2007 continued. No clear conclusion has been reached 
regarding the killing of Father Santoro, a Catholic priest, in Trabzon in 2006. As regards the 
killing of Bishop Padovese in Iskenderun in 2010, the indictment was finalised in June 2011. 
The case is continuing.  

The  May  2010  Prime  Ministerial  circular  instructing  all  relevant  authorities  to  pay  due 
attention to the problems of non-Muslim Turkish citizens has yet to produce tangible results. 
Non-Muslim  religious  communities  reported  that  hate  crimes  continued.  There  have  been 
reports  of  attacks  against  churches,  synagogues  and  cemeteries.  Anti-Semitism  and  hate 
speech in the media, including in TV series and films, have not been sanctioned. 

ECtHR  judgments  regarding  conscientious  objectors  refusing  to  serve  in  the  military  on 
religious  or  other  grounds  have  yet  to  be  implemented.  No  progress  has  been  made  on 
tackling  the  issue  of  repeated  prosecution  and  conviction  or  towards  introducing  a  civilian 
alternative  to  military  service.  Members  of  the  Jehovah's  Witness  community  in  particular 
faced court cases for conscientious objection. On several occasions public statements on the 
right to object led to judicial investigations and proceedings on the grounds of discouraging 
the public from fulfilling military service. 

Overall, there has been limited progress on freedom of thought, conscience and religion. The 
dialogue  with  the  Alevis  and  with  the  non-Muslim  religious  communities  continued. 
Members  of  minority  religions  continued  to  be  subject  to  threats  from  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. 

Economic and social rights (see also Chapter 19 – Social policy and employment) 

Limited  progress  can  be  noted  on  women's  rights  and  gender  equality.  Efforts  have  been 
made to strike a better balance between professional and private life for civil servants, notably 
in  the  form  of  introducing  parental  benefits.  The  Parliamentary  Committee  on  Equal 
Opportunities for Women and Men has issued a number of reports35 on women's issues and 
improved its institutional capacity, including with the aid of training. Legislation was adopted 
in January 2011 (Law on obligations) to address the problem of bullying at work, followed by 
a Prime Ministerial circular in March 2011. The female participation rate in the labour market 
increased  from  26%  in  2009  to  27.6%  in  2010.  The  gender  gap  in  primary  education  at 
national  level  continued  to  narrow  and  was  virtually  closed.  The  2011  elections  increased 
women's participation in parliament approximately from 9% to 14% of its membership. 

The  dialogue  with  women's  NGOs  developed  since  the  appointment  of  the  new  minister  of 
family and social policies.  

However, gender equality, combating violence against women, including honour killings, and 
early  and  forced  marriages  remain  major  challenges  for  Turkey.  The  constitutional 
amendment  providing  for  positive  discrimination  in  favour  of  women  has  yet  to  produce 
results. 

35 

The reports issued to date cover early marriages, violence against women, bullying at work, pressure on 
women due to the gender of the child and traditional forms of marriage. The TGNA Committee's report 
on  early  marriages  establishes  a  direct  correlation  between  poverty,  lack  of  education  and  early 
marriages. It also addresses the role of tradition and religious misperceptions. 

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Women's  representation  in  politics,  managerial  positions  in  the  public  administration, 
including  education36,  at  governor  level,  in  political  parties  or  in  trade  unions  remains 
generally limited, even though polls indicate wide public support for greater participation by 
women in politics. Research has concluded that women's low political participation cannot be 
attributed to voter choice or women's traditional family roles alone, but also to the insufficient 
support given to women in politics. 

Women  often  work  in  poor  conditions  in  unregistered  and  unpaid  family  work.  Funds 
available  to  encourage  women  to  become  self-employed  have  been  inadequate.  Existing 
labour  market  measures,  including  training  courses,  need  to  be  designed  with  a  view  to 
avoiding  gender-based  segregation  of  employment.  Discrimination  in  recruitment  has  been 
reported,  while,  according  to  research,  unemployment  among  white-collar  women  increased 
over the last year  

The  gender  gap  in  secondary  education  has  widened  (See  section  on  children's  rights).  The 
sustainability of girls' attendance at higher levels of education has been a challenge. Efforts to 
eliminate gender bias from school textbooks at all levels of education and training have yet to 
produce the desired results. Gender stereotyping has been perpetuated by the media. 

There  has  been  evidence  that  incidents  of  violence  against  women,  including  killings,  are 
increasing37. This has been widely reported and debated. A number of women have reported 
that police officers tried to convince them to return home to their alleged abusers rather than 
help  them  receive  protection  orders,  and  that  prosecutors  and  judges  were  slow  to  act  on 
requests  for  protection  orders  or  requested  unnecessary  evidence.  Use  of  standard  forms  by 
the  police  needs  to  become  normal  practice  in  domestic  violence  cases.  Further  awareness-
raising  and  training  for  members  of  the  judiciary,  health  staff  and,  in  particular,  law 
enforcement officers is needed. Family courts have insufficient capacity and have been unable 
to assist victims in a number of cases. Court cases have usually been lengthy and preparation 
of forensic reports has caused delays in the judicial process. As regards domestic violence, the 
ECtHR judgment in the Opuz v. Turkey case38 has yet to be implemented. 

The Law on municipalities provides for establishing shelters for women in municipalities with 
a population of 50,000 or more. This provision is not being fully implemented and the number 
of shelters and other protective and preventive mechanisms falls well short of needs. This puts 
victims  at  risk.  There  is  still  no  effective  oversight  of  the  work  of  shelters  and  of 
municipalities and no sanctions are laid down for municipalities which fail to provide shelters. 
There is no follow-up for women who are discharged from shelters or similar social services. 
Local  services  and  support  mechanisms  for  women  who  are  victims  of  violence  need  to  be 
strengthened. 

36 

37 

38 

According  to  the  report  by  the  DG  on  Women's  Status  on  the  education  sector,  where  the  female 
employment rate is relatively high, only around 9% of the 58,835 managerial positions in schools are 
occupied by women. In higher education institutions, only around 5% of rectors and 15% of deans are 
women. 
Official  figures  indicate  that  83  women  were  killed  in  2003,  164  in  2004,  317  in  2005,  663  in  2006, 
1,011 in 2007, 806 in 2008 and 953 during the first seven months of 2009. Although this increase might 
also reflect improved collection of information, it nevertheless illustrates the challenge Turkey is facing. 
Application  No  33401/02  concerning  the  Turkish  authorities'  failure  to  protect  the  applicant  and  her 
mother from domestic violence. 

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Implementation of the national action plan on gender equality and violence against women is 
suffering from the lack of sufficient human and financial resources. Implementation of Prime 
Ministerial circulars also needs to be improved. Action plans and circulars are not binding and 
are not applied evenly throughout the country. Gender issues need to be mainstreamed in law-
making and in public administration. 

Several  statements  by  public  figures  and  judicial  decisions  have  portrayed  women  as  partly 
responsible for harassment, rape or violence due to their behaviour or dress.  

Independent  women's  NGOs  have  reported  that  public  institutions  discriminate  in  favour  of 
NGOs  promoting  conservative  values.  Like  other  NGOs,  women's  NGOs  face  financial 
difficulties. 

Overall,  protecting  women's  rights,  promoting  gender  equality  and  combating  violence 
against  women  remain  major  challenges.  The  legal  framework  guaranteeing  women's  rights 
and gender equality is broadly in place. However, further substantial efforts are needed to turn 
the  legal  framework  into  political,  social  and  economic  reality.  Legislation  needs  to  be 
implemented consistently across the country. Honour killings, early and forced marriages and 
domestic  violence  against  women  remain  serious problems.  Further training and  awareness-
raising on women's rights and gender equality are needed, particularly for the police.  

With respect to children's rights, the proportion of children in pre-school education increased 
in 2010-2011 compared to the previous school year. The number of teachers also increased. 
The  primary  school  enrolment  rates  (grades  1-8)  increased  and  the  gender  gap  has  virtually 
closed.  In  secondary  education  (grades  9-12),  the  enrolment  rates  increased  for  boys  from 
67.5% to 72.3% and for girls from 62.2 % to 66.1 %, widening thus slightly the gender gap. 
Turkey signed the Council of Europe Convention on the Protection of Children against Sexual 
Exploitation and Sexual Abuse. 

However,  school  drop-outs  were  a  concern,  especially  among  seasonal  migrant  workers' 
families and Roma children. There is a need to support and use fully the early warning system 
for children at risk of dropping out. Regional disparities remained wide for both primary and 
secondary  school  enrolment.  Turkey  has  adopted  legislation  on  education  of  children  with 
special needs; however, there is a need to provide the resources necessary to implement this 
legislation fully and establish a system to oversee this implementation.  

The poverty rate among children is disproportionately high. For those under the age of six, the 
rate  stood  at  around  24%  of  all  cases  of  poverty  and  at  around  49%  of  all  cases  of  rural 
poverty. 

There is no effective mechanism in place to tackle domestic violence against children. Further 
awareness-raising  is  needed  on  children's  rights,  including  on  fighting  violence  against 
children.  There  are  initiatives  regarding  children  placed  in  institutions  to  support  de-
institutionalisation  towards  a  community  based  approach;  however,  community  based  care 
services  still  remain  limited  and  needs  to  be  enhanced  in  terms  of  coverage  and  content. 
Conditions  in  full-time  child-care  institutions  need  to  improve,  staff  trained  and  alternative 
care models promoted. 

No measurable progress has been made yet in the fight against child labour. Field work is in 
progress  on  seasonal  agriculture  and  migrant  child  labour.  Administrative  capacity  in  this 
field  has  been  weak  and  there  has  been  no  nationwide  monitoring  and  inspection  system. 

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There is a lack of up-to-date data on the number and situation of children at work, and there is 
no integrated system to eradicate child labour. 

As  regards  juvenile  justice,  since  the  June  2010  amendments  to  the  Anti-Terror  Law,  the 
Criminal  Procedure  Code  and  other  legal  provisions,  Turkish  legislation  provides  that 
children will not be penalised on charges of committing a terror crime or being a member of a 
terror  organisation,  in  the  case  of  resisting  law  enforcement  officials  or  for  committing  a 
propaganda crime by participating in demonstrations supporting terror organisations. The law 
also  provides  that  the  'aggravating  circumstances'  provided  for  by  the  Anti-Terror  Law  will 
not apply to children and that they will be tried only in children's courts or juvenile serious 
crime courts. Implementation of this law is not complete.  

By  May  2011  a  total  of  20  juvenile  heavy  criminal  courts  had  been  established  by  law,  of 
which only 11 were in operation. The total number of juvenile courts established by law was 
75, of which 60 were in operation. The Child Protection Law requires that courts should be 
established in all 81 provinces. In provinces where no such courts exist, children are tried in 
courts for adults.  

In most provinces, there are not yet adequate facilities for children's pre-trial detention or to 
make sure that children are detained separately from adults and receive proper psychological 
support.  

Trials in juvenile courts are often long. In some cases the juvenile courts decided to postpone 
their judgment, to convert a prison sentence to alternative sanctions or to suspend sentences 
for  terror-related  crimes.  In  practice,  these  options  were  not  considered  if  the  child  was  re-
arrested.  

Some  2,500  children  aged  between  12  and  18  were  in  prison.  However,  imprisonment  for 
children should be used only as a measure of last resort and for the shortest appropriate period 
of time. Efforts are needed to reduce the number of juveniles detained, both on remand and 
under sentence. There was not a closed correctional centre for juveniles in every region of the 
country. 

Overall,  efforts  need  to  be  stepped  up  in  all  areas,  including  education,  combating  child 
labour,  health,  administrative  capacity  and  coordination.  In  general,  more  preventive  and 
rehabilitation measures need to be taken for juveniles. Moreover, there is a need to establish 
more  juvenile  courts,  in  line  with  the  legislation  in  force,  and  to  minimise  detention  for 
children which, if strictly necessary, should take place in appropriate conditions.  

As regards socially vulnerable persons and/or persons with disabilities, a strategy paper on 
accessibility  and  the  related  national  action  plan  were  adopted.  However,  constitutional 
changes  allowing  positive  discrimination  in  favour  of  the  disabled  were  not  turned  into 
specific  measures.  A  national  mechanism  for  monitoring  implementation  of  the  UN 
Convention  on  the  rights  of  disabled  persons  and  its  optional  protocol  has  still  not  been 
established.  

Efforts to increase employment of persons with disabilities brought some success in the public 
sector. However, further measures are needed in both the public and private sectors, including 
on creating new jobs and encouraging working from home. 

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Lack  of  data  and  research  on  persons  with  disabilities  and  the  mentally  ill  remain  a  barrier 
against informed policy-making. 

Persons  with  disabilities  faced  difficulties  in  access  to  education,  health,  social  and  public 
services.  Physical  barriers  to  access  to  public  buildings  continued  to  be  a  problem,  despite 
legislation  in  force.  Further  awareness-raising  efforts  are  needed  to  fight  prejudice  against 
people  with  disabilities  and  to  increase  their  participation  in  social  and  economic  life. 
Legislation  on  inclusive  education  needs  to  be  fully  implemented.  Mental  health  is  still  an 
area  of  concern.  Efforts  are  needed  to  safeguard  the  rights  of  mentally  ill  patients  and  to 
improve conditions in certain care institutions. An independent body to monitor and inspect 
mental health institutions has not been established. 

The  principle  of  anti-discrimination  is  enshrined  in  the  Constitution  and  in  several  laws. 
However,  comprehensive  anti-discrimination  legislation  is  lacking,  the  current  legal 
framework  is  not  adequately  aligned  with  the  EU  acquis  and,  in  practice,  discrimination  is 
taking  place  against  various  categories  of  persons.  Legislation  establishing  an  anti-
discrimination and equality board has not been adopted.  

The government removed all references to discrimination on grounds of "sexual identity" or 
"sexual  orientation"  from  the  draft  Law  establishing  an  anti-discrimination  and  equality 
board. Turkey did not support a European Union-sponsored amendment to the UN Resolution 
on extra-judicial executions and other unlawful killings calling on all States to decriminalise 
homosexuality, despite the fact that homosexuality is not a criminal offence in Turkey.  

Lesbian,  gay,  bisexual  and  transgender  persons  (LGBT)  continued  to  suffer  discrimination, 
intimidation and violent crimes. 

There  have  been  several  cases  of  discrimination  in  the  workplace,  where  LGBT  employees 
and  civil  servants  have  been  fired  on  the  grounds  of  their  sexual  orientation.  A  number  of 
court  cases  and  judicial  proceedings  are  in  progress.  Charges  under  the  provisions  of  the 
Turkish Criminal Code on 'public exhibitionism' and 'offences against public morality' were 
still used to discriminate against LGBT people. The Law on misdemeanours was often used to 
impose fines on transgender persons.  

Courts  continued  to  apply  the  principle  of  'unjust  provocation'  in  favour  of  perpetrators  of 
crimes  against  transsexuals  and  transvestites.  LGBT  persons  and  human  rights  defenders 
continued  to  face  court  cases  brought  by  the  police  in  response  to  allegations  of  police 
brutality in Ankara in May 2010. Judicial proceedings are also continuing against transgender 
human rights defenders who accused the police of arbitrary arrests and violence in Ankara in 
June  2010.  In  neither  case  have  complaints  brought  against  the  police  by  LGBT  persons 
resulted in court cases. 

Negative stereotyping by political figures and the conservative media against LGBT persons 
continued.  

In  November  2010,  an  international  conference  organised  by  the  Foundations  of  Journalists 
and Writers focused on the concept of the "virtuous family" as an institution based on religion 
and tradition and put homosexuality and incest in the same category as 'diseases' that threaten 
society. High-level government officials attended the final declaration by the conference.  

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The Turkish armed forces maintained an internal regulation which defines homosexuality as a 
'psychosexual'  illness  and  declares  homosexuals  unfit  for  military  service.  Conscripts  who 
declared  their  homosexuality  were  forced  to  provide  photographic  proof.  Some  have 
undergone humiliating medical examinations.  

Overall,  efforts  to  improve  the  situation  of  socially  vulnerable  persons  and/or  persons  with 
disabilities continued. However, further measures are required to increase their participation 
in  social  and  economic  life.  Many  challenges  remain  in  the  areas  of  labour  and  trade  union 
rights and the fight against discrimination. 

As regards labour and trade union rights, the current legal framework is not in line with EU 
standards and ILO conventions. Major obstacles remain for private-sector workers and public 
servants  on  the  rights  to  organise,  bargain  collectively  and  on  the  right  to  strike. 
Constitutional amendments lifting some restrictions on labour rights have not yet been turned 
into implementing legislation. Trade union legislation has not been amended, partly because 
of disagreement between social partners on some key issues, such as the right to organise at 
the workplace and the high thresholds for entering into collective bargaining  

Social  dialogue  mechanisms  were  not  effectively  used  during  the  reporting  period.  The 
Economic  and  Social  Council,  which  gained  constitutional  status  following  the  September 
2010  referendum,  has  not  yet  convened.  Social  partners'  involvement  in  designing  policies 
and legislation in the employment and social fields needs to be improved. 

Problems  with  implementation  of  labour  rights  persisted:  several  cases  of  dismissal  of 
workers due to trade union membership and activity were reported. Such cases have not been 
dealt  with  efficiently  by  the  courts.  The  right  to  organise  is  still  not  recognised  for  groups 
such as students, the retired, farmers and judicial employees, whose trade unions have been 
sued  for  closure.  Trade  union  demonstrations  were  often  negatively  perceived  by  the 
authorities and subject to restrictions and excessive use of force.  

As regards property rights, legislation amending the 2008 Law on foundations was adopted 
in August 2011. This is the fourth attempt of the Turkish authorities since 2002 to restore the 
property  rights  of  non-Muslim  communities.  The  new  legislation  provides  that  non-Muslim 
community  foundations  can  register  in  the  Land  Registry,  under  their  names,  immovable 
property entered in their 1936 declarations for which either the owner entry was left blank, or 
which  are  registered  in  the  name  of  the  Treasury,  the  Directorate-General  for  Foundations, 
municipalities  and  special  provincial  administrations,  or  cemeteries  and  fountains  registered 
in  the  name  of  public  institutions.  Interested  parties  will  have  to  apply  for  the  return  of 
properties  within  a  twelve-month  period  from  the  entry  into  force  of  the  new  legislation. 
Finally, the market value of foundation properties currently registered with third parties will 
be paid. This covers properties seized and sold to third parties, and which cannot be returned 
to the foundations. A regulation will define implementation modalities of the new legislation. 

Implementation of the 2008 Law on foundations39 continued throughout the reporting period. 
By  mid-July  2010,  the  end  of  the  additional  period  granted  to  foundations  for  providing 

39 

The  February  2008  Law  on  foundations  set  an  initial  deadline  of  27  August  2009  for  non-Muslim 
foundations  to  submit  applications  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. A total 
of  108  foundations  submitted  1,410  applications  for  restitution  of  properties.  The  27  August  2009 
deadline was extended to give foundations time to submit all the documents required. 

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complete  information,  61  of  them  had  re-applied  for  registration  of  properties.  Overall,  the 
February  2008  Law  enabled  the  registration  of  181  properties  in  the  name  of  non-Muslim 
community foundations.  

In  November  2010  the  Ecumenical  Patriarchate  received  the  deeds  of  the  Büyükada 
orphanage from the deeds office in Istanbul, following the ECtHR ruling in the Ecumenical 
Patriarchate v. Turkey40 case. 

In  March  2011,  Turkey  implemented  the  ECtHR  judgment  of  March  2009  on  the  property 
rights  of  the  Kimisis  Theodokou  Greek  Orthodox  church  on  the  island  of  Bozcaada 
(Tenedos), by transferring the property titles to the Bishop of Imvros and Tenedos. 

However,  implementation  of  the  2008  Law  on  foundations  has  suffered  from  delays  and 
procedural  problems.  The  property  of  merged  foundations  remains  outside  the  scope  of  the 
August 2011 amendments to the Law. 

The  Syriac  community  continued  to  face  difficulties  with  property  and  land  registration.  A 
number  of  court  cases  continued  concerning  both  individuals  and  religious  institutions.  The 
Mor  Gabriel  Syriac  Orthodox  monastery  court  cases  regarding  land  ownership  continued 
throughout  the  reporting  period.  Litigation  launched  in  parallel  by  State  institutions  and 
neighbouring villages raised concerns. Among other cases, following positive rulings by the 
local  courts,  the  Turkish  Forestry  Department  appealed  to  the  Court  of  Cassation,  which 
decided  against  the  monastery  and  reversed  the  decision  of  the  first-instance  court.  Judicial 
proceedings are continuing.  

A large number of properties of the Catholic Church across the country have been confiscated 
by the State. The Catholic Church, like the other non-Muslim religious communities, has no 
legal personality. It does not have community foundations to register property and it can not 
establish new foundations. All the Church's properties are registered in the names of Catholic 
priests. 

Implementation  of  the  March  2010  recommendations  of  the  Council  of  Europe  Venice 
Commission on the protection of property rights is pending. 

Problems  encountered  by  Greek  nationals  when  inheriting  and  registering  property  are  still 
being reported, in particular following application by the Turkish authorities of the amended 
Land Registry Law, including their interpretation of the provisions on reciprocity. As regards 
reciprocity,  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 property or 
financial compensation for the applicants. 

Overall, there has been progress on the ground, with the adoption of legislation amending the 
2008  Law  on  foundations.  The  current  legal  framework  broadly  provides  for  the  return  of 
properties  entered  in  the  1936  declarations  of  the  non-Muslim  community  foundations 
widening,  thus,  the  scope  of  the  February  2008  legislation.  The  Turkish  authorities  and  the 
Foundations  Council  need  to  ensure  the  swift  implementation  of  the  new  legislation.  The 
deeds of the Büyükada orphanage and of properties on the island of Bozcaada (Tenedos) were 
transferred  to  the  Ecumenical  Patriarchate  and  to  the  Bishop  of  Imvros  and  Tenedos, 

40 

As regards this 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. 

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respectively.  The  Law  on  foundations  continued  to  be  implemented,  albeit  with  delays  and 
procedural  problems,  enabling  the  return  of  181  properties  to  community  foundations.  The 
property of merged foundations remains outside the scope of the August 2011 amendments to 
the  Law  on  foundations.  The  ongoing  cases  against  the  Mor  Gabriel  Syriac  Orthodox 
monastery  continue  to  raise  concerns.  Turkey  needs  to  ensure  full  respect  of  the  property 
rights of all non-Muslim religious communities. 

Respect for and protection of minorities, cultural rights 

Efforts were made in favour of minority schools. In parallel to the practice in public schools, 
the Ministry of National Education has extended support to the minority schools in the form 
of new textbooks. In the 2010-2011 academic year, mathematics and introduction to science 
textbooks were translated into Armenian and distributed free of charge. 

However,  Turkey's  approach  to  minority  rights  remained  restrictive.  Turkey  maintained  its 
reservations on the UN International Covenant on civil and political rights regarding the rights 
of minorities and the UN Covenant on economic, social and cultural rights regarding the right 
to  education,  which  remained  causes  for  concern.  Turkey  has  not  signed  the  Council  of 
Europe Framework Convention for the protection of national minorities.  

There  are  no  mechanisms  or  specific  bodies  in  Turkey  to  combat  racism,  xenophobia,  anti-
Semitism  and  intolerance.  No  specific  legislation  exists  and,  where  legislation  does  address 
discrimination issues, it is often interpreted in a restrictive manner by the courts. 

The situation of the Greek minority has not changed. It continues to encounter problems with 
access  to  education  and  property  rights,  including  on  the  islands  of  Gökçeada  (Imvros)  and 
Bozcaada (Tenedos). The decision to reopen a school in Gökçeada (Imvros) is still pending.  

The  management  of  minority  schools,  including  accountability  to  both  minority  Heads  and 
non-minority  Deputy  Heads41,  remained  an  issue,  pending  an  implementing  regulation. 
Minority  schools  faced  procedural  and  bureaucratic  difficulties  with  registration,  budget 
problems and sustainability issues due to the number of students enrolled (restricted by law to 
those Turkish nationals from the same minority). In March the Human Rights Commissioner 
of  the  Council  of  Europe  encouraged  Turkish  authorities  to  remove  the  legal  obstacles  and 
allow  non-Muslim  communities  to  provide  education,  in  their  schools,  to  children  of  these 
minorities  irrespective  of  the  legal  status  of  these  children,  or  the  status  of  their  parents  or 
legal guardians. Armenian children will, as of the school year 2011-2012, be allowed to attend 
Armenian minority schools as guest students. 

Anti-Semitism  and  hate  speech  in  the  media  targeting  missionaries  or  Christians  in  general 
remain an issue and have not been punished by the judiciary or media institutions. Some anti-
missionary rhetoric remains in compulsory school textbooks. 

The  court  case  on  the  murder  of  Armenian  journalist  Hrant  Dink  in  2007  is  continuing, 
separately  from  the  Trabzon  case,  with  only  minor  progress  since  the  ECtHR  judgment  of 
14 September  2010.  In  January,  President  Gül  initiated  an  inquiry  by  the  State  Supervisory 

41 

The Deputy Head of these schools represents the Turkish Ministry of Education and has more powers 
than the Head.  

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Council  into  the  murder.  An  Administrative  Court  in  Istanbul  fined42  the  Ministry  of  the 
Interior for not taking protective measures. The lawyers of the Dink family requested that, in 
response to the ECtHR ruling, an investigation about the potential implication of high-ranking 
officers in the murder be launched directly by the prosecution and focus on unearthing links 
between  the  accused  and  these  officers.  Two  ministers  spoke  out  against  any  such 
investigation. This was criticised as putting the judiciary under political pressure. There were 
no developments in this investigation. Following a change in the law regarding juveniles, the 
case of prime suspect Samast was transferred to the juvenile courts.  

Overall, Turkey's approach to minorities remained restrictive. Full respect for and protection 
of language, culture and fundamental rights, in accordance with European standards, has yet 
to  be  achieved.  Turkey  needs  to  make  further  efforts  to  enhance  tolerance  and  promote 
inclusiveness vis-à-vis minorities. There is a need for comprehensive revision of the existing 
legislation,  the  introduction  of  comprehensive  legislation  to  combat  discrimination  and  to 
establish  protection  mechanisms  or  specific  bodies  to  combat  racism,  xenophobia,  anti-
Semitism and intolerance. 

As regards cultural rights, the Law on the establishment and broadcasting principles of radio 
and  TV  stations  entered  into  force  in  March  2011.  It  permits  broadcasts  in  languages  other 
than  Turkish  by  all  nationwide  radio  and  television  stations.  Temporary  suspension  of 
broadcasting remains possible by Prime Ministerial or Ministerial decision, in cases of threats 
to  national  security  and  public  order,  but  can  now  be  appealed  against  in  court  (See  also 
Chapter 10 - Information society and media). 

Mardin  Artuklu  University  continued  post-graduate  education  in  Kurdish.  The  Higher 
Education  Board  (YÖK)  authorised  the  opening  of  a  Kurdish  Language  and  Literature 
Department in Muş Alparslan University in 2011. Since there was not enough teaching staff, 
the  university  offered  a  Kurdish  language  elective  course  at  undergraduate  level  only.  The 
course was completed at the end of July. 

The legal amendments adopted in April 2010 and March 2011 allow election advertising in 
languages  other  than  Turkish  and  open  the  door  for  public  or  private  radio  or  television 
channels  to  broadcast  in  languages  or  dialects  other  than  Turkish.  However,  there  are  still 
laws that restrict the use of languages other than Turkish, including the Constitution and the 
Political Party Law. Diverse Kurdish groups, NGOs and trade unions submitted a one million 
signature petition to parliament demanding the lifting of all restrictions on use of the mother 
tongue in daily life.  

The  courts  took  a  number  of  positive  decisions  regarding  the  use  of  languages  other  than 
Turkish, including Kurdish. The Mayor of Sur and the municipal council in Diyarbakır were 
acquitted  in  January  2011  in  a  case  brought  against  them  for  offering  municipal  services  in 
multiple languages.  

A law provides for interpretation free of charge for non-Turkish speakers during their defence 
or  statement-taking,  the  investigation  phase  and  court  hearings  for  suspects,  victims  or 
witnesses. In March 2011, a court in İzmir permitted  a Kurdish local politician to  make his 

42 

The Administrative Court emphasised that "protective measures remained on paper and precautionary 
measures for [Dink's] protection had not been put into action". 

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defence statement in Kurdish and decided that a Kurdish interpreter would be present at the 
next session.  

However,  such  practice  is  not  consistently  followed.  The  judiciary  issued  contradictory 
decisions in court cases against Kurdish politicians and human rights defenders. In May 2011, 
the Doğubayazıt Criminal Court sentenced the former Mayor of Doğubayazıt and members of 
the municipal council for violating the Law on the use of Turkish letters by naming a park in 
Kurdish back in 2007. 

Restrictions are still reported on the use of Kurdish in prisons, during visits and exchanges of 
letters.  

Referring to the principle of "national unity" the Constitutional Court upheld the 1934 law on 
surnames and rejected the request of a Syriac Turkish citizen to use a Syriac surname.  

In April 2011, the unfinished statue of humanity by Mehmet Aksoy in Kars was demolished. 
The demolition was finalized in July. 

As  regards  Roma,  some  steps  were  taken  to  address  long-standing  problems.  A 
discriminatory clause in the Law on the movement and residence of aliens, which authorised 
the Ministry of the Interior to 'expel stateless and non-Turkish gypsies and aliens that are not 
bound to the Turkish culture' was amended in January 2011.  

In  March  2011,  the  Minister  in  charge  of  the  Roma  opening  announced  the  construction  of 
nearly 9,000 housing units by the TOKİ administration to address the problem of "housing in 
a healthy environment".  

A  Roma  Research  and  Implementation  Centre  was  established  within  Adnan  Menderes 
University in Aydın province. 

However, the Roma opening has not led to a comprehensive strategy to address the problems 
of the Roma population, who still face social exclusion, marginalisation and discrimination in 
access to education and health services due to their lack of identity cards, and also to housing, 
employment  and  participation  in  public  life.  School  drop-out  rates  for  Roma  children 
remained  higher  than  those  of  other  children.  Access  for  Roma  children  to  pre-school 
education should be improved.  

Turkey has rejected calls from the Roma community to participate in the 2005-2015 "Decade 
of Roma Inclusion".  

The  urban  transformation  scheme  carried  out  in  the  Sulukule  district  of  Istanbul  and  the 
accompanying resettlement of many Roma caused dislocation and disruption. Some could not 
adapt to their new housing but returned to Sulukule to live in much poorer conditions. In late 
June,  Roma  houses  in  Küçükbakkalköy  were  also  demolished  in  the  context  of  urban 
transformation.  

Overall,  Turkey  has  made  progress  on  cultural  rights,  especially  on  use  of  languages  other 
than Turkish by all nationwide radio and television stations and on use of multiple languages 
by  municipalities.  The  opening  of  a  Kurdish  Language  and  Literature  Department  in  Muş 
Alparslan University has been authorised. However, restrictions remain on use of languages 
other than Turkish in political life, in contacts with public services and in prisons. The legal 
framework  on  use  of  languages  other  than  Turkish  is  open  to  restrictive  interpretations  and 

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implementation remains inconsistent. There has been some progress as regards the Roma, in 
particular  on  amending  discriminatory  legislation.  However,  a  comprehensive  policy  to 
address the situation of the Roma is missing.  

Situation in the east and south-east 

The  government  continued  to  implement  the  South-East  Anatolia  project  (GAP),  aimed  at 
socio-economic development of the region, with a view to completing it by 2012. Investments 
in irrigation, road transport, health and education continued, along with special programmes 
on  business  development,  human  resources  and  empowerment  of  women.  Big  dam  projects 
are  being  criticised  for  threatening  sustainable  development  of  the  region  by  destroying  the 
living conditions of the local population, including historical heritage, natural habitats, species 
and fertile agricultural land along rivers.  

The Kurdish issue was widely discussed, notably during the run-up to the elections in June.  

In February 2011, a sub-committee to investigate the circumstances of missing persons Tolga 
Baykal  Ceylan  and  Cemal  Kırbayır  was  established  under  the  TGNA  Human  Rights 
Investigation Committee. The JİTEM (Intelligence Gendarmerie) and Colonel Temizöz cases 
regarding extrajudicial killings and persons missing since the 1990s are continuing before the 
Diyarbakır Serious Crimes Court. 

Criminal  complaints  were  filed  against  the  systematic  torture  and  killing  of  Kurds  in 
Diyarbakır military prison between 1981 and 1984, on the initiative of the NGO Diyarbakır 
Prison  Commission  on  Facts  Research  and  Justice.  The  Diyarbakır  Prosecutor  with  Special 
Authority launched a judicial investigation, although no formal prosecution has been brought 
yet.  

However,  terrorist  attacks  by  the  PKK,  which  is  on  the  EU  list  of  terrorist  organisations, 
intensified after April 2011, despite its twice-extended unilateral ceasefire to 15 June. 

A clash with the PKK in Diyarbakır's Silvan sub-province changed the entire political climate 
in  Turkey  adversely.  13  soldiers  were  killed  and  seven  others  were  wounded  in  a  reported 
PKK ambush in mid July 2011, while the military had been carrying out operations to rescue 
two soldiers and a health worker kidnapped by the PKK a week earlier. Both the military and 
the Ministry of Interior (MoI) opened investigations on the Silvan clashes. Since the General 
Staff  investigation  results  were  similar  to  that  of  the  MoI,  the  government  saw  no  need  to 
unveil the findings of MoI inspection results.  

Tensions escalated further when the PKK killed eight Turkish soldiers and a village guard in 
mid-August  in  an  ambush  in  province  of  Hakkari.  On  the  same  day  the  Turkish  Air  Force 
started  cross  border  operations  against  many  PKK  targets  on  Qandil  Mountain,  Hakourk, 
Avashin - Basyan, Zap and Metina Regions.  

Concrete measures announced as part of the democratic opening fell short of expectations and 
were  not  followed  through.  Dialogue  was  hampered  by  the  arrest  or  detention  of  BDP-
affiliated Kurdish politicians, locally elected mayors and members of municipal councils and 
some human rights defenders in connection with the KCK43 trial. The trial of 152 defendants 
for alleged membership of KCK (104 of whom are in prison) started before the 6th Serious 

43 

KCK stands for Koma Komalen Kurdistan, which means Kurdistan Communities Union. 

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Crimes Court in Diyarbakır on 18 October 2010 and continued throughout the year. Lawyers 
involved and human rights organisations' observers reported many procedural wrongdoings in 
the investigation, arrest, detention and trial procedures, and also during the initial collection of 
evidence.  Demands  for  the  release  of  the  defendants  and  for  the  defence  to  be  made  in 
Kurdish were refused by the court.  

Many  other  court  cases  ended  in  convictions  against  Kurdish  political  figures  and  BDP 
officials; others are continuing. The Diyarbakır prosecutor launched an investigation into the 
proposal  made  by  the  Democratic  Society  Congress  (DTK)  in  December  2010  for  a 
democratic  autonomous  Kurdistan.  The  BDP's  general  congress  in  September  was  also 
subject to a new judicial investigation.  

A campaign of civil disobedience was launched by the DTK and BDP. 

Landmines remained a security concern for military personnel and civilians in the south-east, 
with continued reports of death and injury. The government reported continuing use of anti-
personnel mines by the PKK. Turkey reported that a total of 979,417 mines remained on its 
territory at the end of 2009, 2,361 fewer than in 2008. 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  as  soon  as 
possible, but not later than 1 March 2014. However, the process has not been launched. An 
agreement  was  signed  with  NATO's  Maintenance  and  Supply  Agency  (NAMSA)  in 
November  2010  for  destruction  of  approximately  22,000  Area  Denial  Artillery  Munitions 
(ADAM). Destruction has started. 

Clearance  of  anti-personnel  landmines  from  an  area  of  212  million  square  metres  along  the 
Turkish-Syrian border has not yet started. The tender should be awarded in 2011, with a view 
to completing the work in 2014. 

5,114 anti-personnel landmines have been cleared by the Gendarmerie General Command in 
areas  under  its  responsibility.  In  October  2010,  destruction  of  all  stored  anti-personnel 
landmines (approximately 3 million) was completed. 

No steps have been taken to address the problem of village guards, who are paid and armed 
by  the  State.  According  to  official  figures,  throughout  Turkey,  the  total  number  of  village 
guards exceeds 45,000. 

Overall,  the  2009  democratic  opening,  aimed  at  addressing  the  Kurdish  issue  in  particular, 
was  not  followed  through.  Terrorist  attacks  intensified  and  have  been/are  consistently 
condemned by the EU. The detention of elected politicians and human rights defenders raises 
concerns. The truth about extra-judicial killings and torture in the south-east in the 1980s and 
1990s has yet to be established following the due process of law. Landmines and the village 
guard system are still causes for concern. 

Refugees and internally displaced persons (IDPs) 

Some deficiencies remained in the process of compensating for losses due to terrorism and the 
fight against terrorism. Since the law entered into force in March 2008, up to December 2010 
a total of 358,506 applications had been made to the Damage Assessment Commissions. Of 
these,  259,462  were  assessed,  with  compensation  paid  in  146,441  cases  and  113,021 
applications rejected. 

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By  April  2011,  the  Commissions  had  allocated  compensation  totalling  € 900,302,745  to 
applicants  who  signed  negotiated/amicable  settlement  declarations.  However,  delays  in 
payments have been reported. The implementation period by the government of the Law on 
the compensation of losses resulting from terrorism and the fight against terrorism has been 
extended by another year.  

Numerous cases have been brought in the administrative courts by rejected applicants. Several 
applied to the ECtHR. There is a need to assess the overall effectiveness of the compensation 
process in terms of implementation and legislation.  

The  situation  of  internally  displaced  persons  (IDPs)  in  urban  areas  remains  a  cause  for 
concern.  IDPs  often  cannot  return  to  their  previous  place  of  residence  for  a  wide  range  of 
reasons,  including  security,  the  continuing  village  guard  system,  the  presence  of  landmines, 
lack  of  basic  infrastructure  or  capital  and  limited  job  opportunities.  IDPs  often  live  in  sub-
standard conditions, including camps.  

Concerning refugees and  asylum-seekers, circulars issued in 2010 produced some  positive 
results  in  terms  of  improving  practices  on  the  part  of  law  enforcement  officials  and  central 
and local administrations.  

However,  the  lack  of  a  comprehensive  legal  framework  for  refugees  and  asylum-seekers 
prevented further improvement. A draft revised Foreigners and International Protection Law 
has  been  prepared.  Meanwhile,  continuing  gaps  in  legislation,  particularly  in  immigration-
related detention and deportation practices, remain a concern. Unaccompanied minors found 
themselves  at  risk  of  detention  together  with  adults  and  with  no  access  to  State  child 
protection services. 

Overall, the process of compensating IDPs has continued. There is a need to assess its overall 
effectiveness.  An  overall  national  strategy  to  address  IDPs'  needs  better  has  not  been 
developed yet. Despite some improvements, the lack of a comprehensive legal framework for 
refugees  and  asylum-seekers  is  an  impediment  to  providing  adequate  treatment.  Further 
improvements are needed in the general conditions at detention centres for foreigners. 

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 aimed at finding a fair, 
comprehensive  and  viable  solution  to  the  Cyprus  problem.  This  was  acknowledged  in  the 
March 2011 Assessment Report by the UN Secretary-General on the status of the negotiations 
in Cyprus.  

As  emphasised  by  the  negotiating  framework  and  Council  declarations,  Turkey  is  expected 
actively  to  support  the  negotiations  aimed  at  finding  a  fair,  comprehensive  and  viable 
settlement of the Cyprus issue within the UN framework, in accordance with the relevant UN 
Security Council resolutions and in line with the principles on  which the Union  is  founded. 
Turkey's  commitment  and  concrete  contribution  to  such  a  comprehensive  settlement  is 
crucial.  

Despite repeated calls by the Council and the Commission, Turkey still has not complied with 
its obligations outlined in the declaration by the European Community and its Member States 

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of  21  September  2005  and  in  Council  conclusions,  including  the  December  2006  and 
December 2010 conclusions.  

It  has  not  met  its  obligation  to  ensure  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.  

There  was  no  progress  on  normalising  bilateral  relations  with  the  Republic  of  Cyprus. 
Turkey has not lifted its veto of Cyprus's membership of several international organisations, 
including  the  OECD  and  the  Wassenaar  Arrangement  on  export  controls  for  conventional 
arms and dual-use goods. The Republic of Cyprus reported violations of its territorial waters 
and  airspace  by  Turkey.  Senior  representatives  of  the  Turkish  government  have  stated  that 
relations  with  the  EU  Presidency  will  be  frozen  for  six  months  as  of  1  July  2012  in  the 
absence  of  a  comprehensive  settlement  of  the  Cyprus  issue  when  Cyprus  takes  over  the 
Council presidency. 

Peaceful settlement of border disputes 

Turkey and Greece continued their efforts to improve bilateral relations. From 7 to 9 January 
2011 the Greek Prime Minister visited Erzurum, accompanied by the Foreign Minister at the 
invitation of the Turkish Prime Minister.  

The 53rd round of exploratory talks took place in July in Greece. Exploratory talks have been 
taking  place  since  2002  and  have  intensified  since  October  2009.  The  importance  of 
cooperation  has  been  underlined  in  high  levels  meetings.  Between  8  and  10  March,  the 
Turkish Foreign Minister paid a visit to Greece. He met the Greek Prime Minister and Foreign 
Minister and members of the Muslim minority living in Thrace. The threat of casus belli in 
response to the possible extension of Greek territorial waters made in the 1995 resolution of 
the Turkish Grand National Assembly still stands. In line with the negotiating framework, the 
Council  conclusions  of  December  2010  noted  that  'Turkey  needs  to  commit  itself 
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.'  Greece  made  a  substantial  number  of  formal  complaints  about 
violations of its territorial waters and airspace by Turkey, including flights over Greek islands. 

Regional cooperation 

Turkey  remains  actively  involved  in  regional  initiatives  including  the  South-East  European 
Cooperation Process (SEECP) and the Regional Cooperation Council (RCC). 

Bilateral  relations  with  other  enlargement  countries  and  neighbouring  EU  Member  States 
have  been  positive.  Turkey  has  significantly  intensified  contacts  in  the  Western  Balkans, 
expressing a firm commitment to promoting peace and stability in the region. Turkey supports 
the  European  integration  of  all  countries  in  the  region.  On  26  April  2011  the  President  of 
Turkey attended a tripartite meeting between Turkey, Serbia and Bosnia and Herzegovina in 
Belgrade.  

Within  the  framework  of  the  common  security  and  defence  policy,  Turkey  is  continuing  to 
contribute to the EU-led military mission in Bosnia and Herzegovina (EUFOR/ALTHEA). It 

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is also contributing to EUPM (the EU-led police mission in Bosnia and Herzegovina) and to 
the EULEX mission in Kosovo44. Turkey supports Kosovo's integration into the international 
community,  European  institutions  and  regional  initiatives.  Turkey  provided  humanitarian 
assistance  to  Albania  and  Montenegro  following  the  floods  in  these  two  countries  in 
December  2010.  Turkey  maintains  strong  ties  with  the  former  Yugoslav  Republic  of 
Macedonia.  High-level  bilateral  meetings  were  held  with  Croatia,  Serbia,  Montenegro  and 
Bosnia, Herzegovina and Kosovo. 

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 

Turkey's economic policy is tailored to maintaining an open, largely market-driven economy 
with relatively prudent public finance management and a well regulated financial sector. The 
Pre-Accession  Economic  Programme  (PEP)  submitted  to  the  Commission  in  April  2011 
adequately reflects needs and commitments to further reform. However, it drew to too large 
an  extent  on  the  Medium-Term  Plan  (MTP)  already  published  in  mid-2010.  Turkey's 
economic  governance  still  has  to  focus  on  the  imbalances  emerging  from  the  stronger  than 
anticipated recovery and on further structural reforms, some of which, particularly in taxation 
and  employment,  are  expected  from  the  new  government,  which  took  office  after  the  June 
2011 elections. The fragmentation of responsibilities between government bodies continues to 
complicate  coordination  of  budgeting  and  medium-term  economic  policy-making.  The 
authorities are stepping up their efforts to enhance cooperation through the establishment of a 
financial  stability  committee.  Overall,  the  consensus  as  regards  the  fundamental  goals  of 
economic policy remains firm. 

Macroeconomic stability 

After a steep recovery in 2010 when the Turkish economy grew by 9% year-on-year, the rapid 
economic expansion continued with 10.2% year-on-year GDP growth in the first half of 2011. 
Economic activity bounced back strongly, which reflected some base effects, but also strong 
domestic demand growth driven by low real interest rates, strong capital inflows and a rapid 
acceleration in the growth in bank credit. The private sector remained the main driver of the 
recovery.  In  the  first  half  of  2011,  private  consumption  rose  by  10.8%  year  on  year,  with 
private-sector investment, which accounts for about 15% of GDP, expanding by a remarkable 
31.3%  year  on  year.  In  spite  of  the  June  Parliamentary  elections,  government  consumption 

44 

Under UNSCR 1244/1999. 

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remained restrained and posted a first-half increase of 7.3% year-on-year. The sharp increase 
in  domestic  demand  was  accompanied  by  a  further  deterioration  in  the  trade  and  current 
account balances. Exports of goods and services rose by 4.2% year on year, while imports of 
goods  and  services  grew  at  an  accelerated  rate  of  23%.  All  major  sectors  of  the  economy 
contributed  to  growth  in  2010/11.  The  largest  increases  in  gross  value  added  came  from 
construction  and  manufacturing.  Turkey's  GDP  measure  (at  purchasing  power  parity)  per 
inhabitant stood at 48% of the EU average in 2010. Overall, the economy expanded rapidly in 
2010 and in the first half of 2011, mainly driven by strong domestic demand.  

The current-account deficit, which tripled to a record of 6.6% of GDP in 2010, continued to 
widen  in  the  first  half  of  2011.  The  increase  was  entirely  due  to  the  deterioration  of  the 
merchandise  trade  deficit,  which  more  than  doubled  compared  with  a  year  earlier.  Strong 
domestic  demand  and  high  global  commodity  prices  continued  to  boost  the  import  bill, 
notwithstanding  the  Central  Bank's  efforts  to  curb  credit  growth  and  the  recent  relative 
weakness of the Turkish lira. Exports to some countries in political crisis started to fall and, 
according to customs-based data, exports to North Africa declined by about 10% year on year 
in the first half of 2011. At the same time, sales to almost all other regions recorded strong 
growth. The balance-of-payments data also included high positive capital inflows from crisis-
ridden countries in the Middle East, which are reportedly as high as €10 billion in the first six 
months  of  2011.  According  to  Central  Bank  data,  official  gross  foreign-exchange  reserves 
have stayed on an upward trend in 2011, and amounted to €68 billion by mid 2011. This was 
also a result of continued inflows on the portfolio side (especially bond issuance), but more 
importantly of the access by the corporate and banking sectors to ample financing. Overall, 
imports have been rising due to strong domestic demand, thus considerably increasing trade 
and current account deficits. External imbalances have become significant. 

In 2010, the unemployment rate amounted to 11.9%, down significantly from 14% in 2009. 
This trend continued in the first  months of  2011, and in May 2011 the jobless rate stood at 
9.4%, which  represented  a 1.6 pps improvement  over  the  same  month one year earlier. The 
non-agriculture unemployment rate showed a broadly similar trend. The youth unemployment 
rate dropped faster, most likely as a result of the priority the government gave to this segment 
in  the  employment  package.  Nevertheless,  youth  unemployment  remains  high  at  at  21.7%. 
Employment data for 2010 show a marked improvement, as the number of employed persons 
increased by over 6% compared with 2009. Overall labour participation amounts to 49%, with 
a  significant  gender  imbalance.  While  the  labour  participation  is  around  70%  for  men,  it  is 
below  30%  for  women.  Despite  the  fact  that  there  is  such  a  low  proportion  of  the  female 
population  actively  looking  for  work,  the  female  unemployment  rate  is  only  slightly  higher 
than the male unemployment rate. In addition, about one third of women who are considered 
as  employed  are  unpaid  family  workers  in  the  agricultural  sector,  which  reduces  the 
percentage of women of working age who are employed and receiving an income to only less 
than  15%  of  the  total.  The  labour  markets  need  to  absorb  the  unemployed  and  about  one 
million  new  entrants  every  year.  Overly  strict  employment  protection  laws  discourage 
employers  from  hiring  new  people.  The  prevalence  of  undeclared  work  remains  a  major 
challenge. Overall, robust economic development allowed strong employment growth and a 
sizeable drop in unemployment.  

Consumer price inflation was down from 6.5% in 2009 to 6.4% in 2010, remaining slightly 
below  the  official  target  of  6.5%,  while  annual  core  inflation  rates  surged  to  6.4%  in  2010 
from 3.0% in 2009. Producer prices rose from 5.9% in 2009 to 8.9% in 2010. In the first five 
months of 2011, consumer price inflation proved highly volatile, hitting a 30-year low of 4% 
in March before picking up to reach 6.7% in August, largely on the back of strong base effects 

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and volatile food prices. The combination of strong domestic demand, high world prices for 
fuel and food and a weaker currency can be expected to push inflation up further. Recently, 
the Central Bank revised its year-end inflation forecast upwards to 6.9%, significantly above 
the 5.5% inflation target, but still within the two percentage points inflation tolerance band. It 
cited  higher-than-expected  global  oil  prices  and  changes  in  customs  duties  (an  increase  in 
customs  duties  on  many  textile  products  took  effect  in  July).  Assuming  'limited  additional 
monetary  tightening'  in  the  second  half  of  the  year,  the  Central  Bank  expected  the  annual 
inflation rate to rise in the second quarter, fall in the third quarter and rise again in the fourth 
quarter.  Overall,  inflation  has  been  in  a  volatile  and  upward  trend,  in  large  part  due  to 
pressures arising from energy and food inputs and buoyant economic activity. 

Given the strong inflationary pressures and the rapidly deteriorating current account balance, 
gauging  monetary  policy  is  becoming  more  complicated  by  the  day.  The  Central  Bank  of 
Turkey  (CBT)  has  altered  its  monetary  policy  stance  by  combining  relatively  low  interest 
rates,  a  wide  interest  rate  corridor  and  high  commercial  bank  reserve  requirement  rates 
(RRR). Since October, when the CBT first raised the RRRs by an average of 50 bps, it has 
also increased the RRRs on short term Turkish Lira deposits by an average 11 pps and foreign 
exchange  deposits  by  an  average  12  pps.  The  aim  was  to  increase  the  cost  of  funding  for 
banks  and  to  curb  credit  growth  in  order  to  slow  down  the  economy.  Moreover,  the  CBT 
reduced  the  policy  rate  to  6.25%  from  7.0%  and  widened  the  gap  between overnight 
borrowing  and  lending  rates  by  increasing  the  borrowing  rate  to  9.0%  and  decreasing  the 
lending rate to 1.0% to discourage short-term inflows. So far, the CBT has been only partially 
successful,  as  the  exchange  rate  has  weakened  somewhat,  but  RRR  increases  have  failed  to 
slow credit growth which - along with higher commodity prices - continues to feed Turkey's 
growing  current  account  deficit.  Given  the  momentum  in  the  economy  and  the  still  rapid 
growth  of  credit,  this  degree  of  tightening  has  not  shifted  the  drivers  of  growth  away  from 
domestic  demand.  More  support  from  the  fiscal  side,  and  some  specific  and  targeted 
macroprudential measures are being put in place, including by the banking regulator, in order 
to  help  engineer  a  soft  landing  of  the  economy  and  ease  the  burden  placed  on  monetary 
policy. In August 2011, the CBT reduced the policy rate further from  6.25%  to 5.75%,  and 
decreased the gap between overnight borrowing and lending rates, arguing that, in view of the 
slowdown  observed  since  the  second  quarter  of  2011,  there  is  a  need  to  protect  domestic 
economic  growth.  Overall,  monetary  policy  has  been  only  partially  successful,  as  it  was 
unable to sufficiently curb the growth of credit, which - along with high commodity prices - 
continues to feed Turkey's growing current account deficit. 

The budget performed much better than expected in 2010 and the first half of 2011, especially 
due to the robust recovery in domestic demand, which provided significant support to indirect 
tax  revenues.  Overall  real  tax  revenues  rose  by  35%  year-on-year  in  2010,  and  real 
expenditure  grew  by  15%.  Consequently,  the  primary  surplus  almost  tripled  and  the  overall 
central government budget deficit fell by about half from 5.7% of GDP in 2009 to 3.6% of 
GDP  in  2010,  which  was  much  better  than  the  level  of  4.7%  of  GDP  which  was  originally 
budgeted.  In  the  first  half  of  2011,  strong  demand  continued  to  support  the  budget 
performance, as revenues increased by double digit rates. Lower interest payments, as well as 
delays in payments and the use of funds entered under the 2010 budget, may also have helped 
to  hold  down  expenditure  despite  a  significant  real  rise  in  personnel  costs  and  some  other 
current spending items. According to the medium-term fiscal plan, the government expects a 
budget  deficit  of  2.8%  of  GDP  in  2011.  Extra  revenues  collected  from  a  tax  amnesty 
programme, if saved, would take the 2011 deficit even lower. Targets have not been adjusted 
for  economic  growth  figures  and  revenues  which  were  higher  than  anticipated.  Therefore, 

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fiscal policy may have more scope to support the monetary policy efforts aimed at curbing the 
current account deficit. The public debt stock fell significantly in 2010, thereby in large part 
offsetting the increases observed since 2008, and it amounted to 41.6% of GDP by the end of 
2010.  The  government  announced  a  tax  amnesty  in  June  2011  and  expects  an  additional 
revenue of €6.8 billion (about 1% of GDP) this year, which would be primarily used for debt 
reduction. Overall, consolidation of public finances is on track. 

Renewed efforts have been made to provide more efficient and transparent high quality public 
services and budgeting, including the adoption of a new law on the Turkish Court of Accounts 
(TCA) and the new law on State Aid. However, there is scope for further improvement, as the 
government could be more transparent and provide the public with more detailed information 
on the central government's budget and financial activities during the budget year. Four years 
after  the  adoption  of  the  Public  Financial  Management  Law,  some  components  are  still 
missing, in particular measures to enhance the accountability, efficiency and transparency of 
the budgeting process. This makes it difficult for citizens to hold the government accountable 
for its management of public money. The unification of all tax administration functions under 
the  Revenue  Administration  which  had  been  previously  announced  has  not  yet  been  fully 
implemented.  The  aim  of  this  unification  was  to  strengthen  the  audit  capacity  and  facilitate 
greater  use  of  standard  risk-based  audit  techniques,  thereby  enhancing  transparency  and 
reducing  informality.  The  adoption  of  a  strong  fiscal  rule  may  not  only  enhance  fiscal 
transparency, but also provide a strong fiscal anchor and enhance credibility. Overall, modest 
efforts were made to increase fiscal transparency.  

Turkey's  fiscal  and  monetary  policy  mix  proved  successful  during  the  crisis.  Although  the 
Turkish economy  was  hit  hard  by  the financial crisis,  the earlier  regulatory and supervisory 
reforms have paid off and there was a rapid resumption of strong growth. However, Turkey 
did  not  fully  benefit  from  the  recovery  owing  to  insufficient  adjustments.  Making  more 
progress with fiscal transparency, adjusting the fiscal and monetary policy mix, doing more to 
target inflation and preserving financial stability will be important ways to minimise the risks 
of  a  boom-bust  scenario.  Overall,  macroeconomic  stability  remains  vulnerable  and  could 
benefit more from a better coordinated tightening of the policy mix. 

Interplay of market forces 

Regulatory  and  surveillance  agencies  are  in  place  in  all  major  sectors.  Automatic  pricing 
mechanisms  are  operational  in  the  natural  gas  and  electricity  sectors,  where  end-user  prices 
are supposedly linked to a cost-based methodology. The share of administrated prices in the 
Consumer Price Index (CPI) basket currently amounts to only 4.5% of the total weight of the 
CPI  basket.  However,  before  the  Parliamentary  elections  in  June  2011,  the  government  did 
not  allow  global  price  changes  to  impact  on  electricity  consumption  and  natural  gas  prices 
during  a  period  of  one  year,  thereby  effectively  suspending  automatic  pricing  mechanisms. 
Despite  the  regulatory  framework,  government  authorities  still  tend  to  set  prices  in  the 
transport  sector,  in  particular  for  civil  aviation.  Liberalisation  of  backbone  services,  in 
particular in the energy sector, prepared the ground for several successful privatisations in this 
sector, enabling Turkey to continue its privatisation efforts in the challenging aftermath of the 
financial crisis.  

The volume of completed privatisation transactions rose from €1.6 billion in 2009 (0.4% of 
GDP)  to  €2.3  billion  (0.7%  of  GDP)  in  2010.  Major  deals  completed  in  2010  included  the 
privatisation  of  two  ports,  a  salt  mine,  and  six  electricity  distribution  companies.  Ongoing 
privatisations  include  major electricity  generation  assets, highways, bridges and ports.  Sales 

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of  remaining  shares  in  Turkish  Airlines,  Turk  Telekom,  Petkim,  and  the  partly  state-owned 
banks  Halkbank  and  Vakifbank,  have  been  scheduled,  whereas  there  is  no  plan  yet  for 
Ziraatbank  and  the  national  lottery.  Overall,  the  free  interplay  and  functioning  of  market 
forces has been confirmed. Spurred on by recovery, privatisation has gained momentum. 

Market entry and exit 

In 2010, the business registration process was further streamlined. As a result, it now takes on 
average only 6 days to open a business. However, starting a business in Turkey is costly and 
corresponds to 17.2% of per capita income. Some fees are not transparent, such as those for 
the  official  registration  of  a  company's  articles  and  accounts.  Trade  registry  fees  are 
significant.  Closing  a  business  is  still  expensive  and  time  consuming  in  Turkey.  Insolvency 
procedures  take  about  3.3  years  and  recovery  rates  -  at  20%  on  average  -  are  very  low. 
Progress in removing exit barriers remains weak. Foreign investors 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.  Overall,  market  exit  remains  expensive  and  lengthy,  and 
bankruptcy proceedings are still relatively onerous.  

Legal system 

A reasonably well functioning legal system, including in the area of property rights, has been 
in place for several years. Registering a property in Turkey requires six separate procedures 
and  takes  six  days.  Enforcement  of  commercial  contracts  is  still  a  rather  lengthy  process, 
which involves 35 procedures and takes an average of 420 days. Commercial court judges do 
not have a very high level of specialisation, which results in lengthy court proceedings. The 
expert  witness  system  still  operates  as  a  parallel  judicial  system,  but  does  not  improve  the 
overall  quality.  Out-of-court  dispute  settlement  mechanisms  are  very  seldom  used.  The 
judicial system and administrative capacity can be further improved. Overall, the legal system 
continues to provide effective support to the business environment. 

Financial sector development 

Largely  as  a  result  of  the  major  improvements  made  to  the  regulatory  and  supervisory 
framework in the aftermath of the 2001 financial crisis, the banking sector has demonstrated 
its resilience to the global financial crisis. Risk ratios in the financial sector remained robust. 
Banks continued to dominate the sector, as their share of total financial sector assets increased 
from 79.6% in 2009 to 80.4% in 2010. The share of the insurance sector decreased from 3.2% 
to 2.7% (including private pensions, whose share remained at 1.5%). With 3.6% of the total, 
the  share  of  securities  market  intermediaries  (investment  companies,  mutual  funds, 
investments  trusts,  real  estate  investment  trusts,  venture  capital  funds)  remained  limited. 
Stock market capitalisation increased from 36.2% of GDP in 2009 to 41.1% of GDP in 2010. 

Banking  sector  assets  relative  to  GDP  increased  from  87.6%  in  2009  to  91.2%  in  2010 
(excluding the Central Bank). The share of state-owned banks in total banking sector assets 
decreased from 30.1% in 2009 to 29.6% in 2010, while the share of domestic private banks 
was  49.4%  and  the  share  of  foreign  banks  13.5%.  The  planned  privatisation  of  state-owned 
banks  made  no  progress.  In  tandem  with  the  recovery,  financial  intermediation  activities 
accelerated due to the rapid credit expansion. Banking sector loans increased from 41.2% of 

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GDP in 2009 to 47.6% of GDP in 2010. Corporate loans (20.7% of GDP), SME loans (11.3% 
of  GDP)  and  consumer  loans  (15.6%%  of  GDP)  all  increased  their  relative  weight  in 
economic  activity.  The  increase  in  deposits,  on  the  other  hand,  was  more  modest,  up  from 
54% of GDP in 2009 to 55.8% in 2010. The value of outstanding debt instruments traded in 
the  bond  market  decreased  slightly,  from  38.2%  in  April  2009  to  34.9%  in  2010.  Although 
there were more private debt issues in 2010 and 2011, these instruments accounted for only 
1.3% of the total equity market as of 31 March 2011.  

The  efficiency  of  financial  intermediation  improved,  as  measured  by  the  sector's  average 
spread,  which  shrank  from  5.3%  in  2009  to  3.2%  in  late  2010.  Non-performing  loans  as  a 
share of total banking sector loans decreased from 5.3% in 2009 to 3.7% in 2010, returning to 
their  pre-crisis  level.  Despite  a  slight  decrease,  capital  adequacy  in  the  banking  sector 
remained well above the statutory minimum of 12%: namely at 20.5% in 2009 and 18.9% in 
2010.  Banking  concentration  can  be  described  as  moderate  (just  over  60%  of  total  banking 
assets  are  with  the  five  largest  banks).  Although  in  the  first  quarter  of  2011  the  banking 
sector's profits were seriously eroded by the steep rises in RRR and fell by 17% in the first 
quarter of 2011, the sector remained cost-effective and profitable. Overall, the financial sector 
has shown considerable strength 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 rapid recovery from recession, which confirms 
the economy's improved resilience to shocks. However, it is also fuelling a rapid expansion of 
the  current  account  deficit,  presaging  the  return  of  persistent  imbalances  in  the  Turkish 
economy.  As  the  recovery  gets  under  way,  an  opportunity  for  structural  reforms  is  being 
opened up in recognition of Turkey's sound fundamentals. At the same time, further growth in 
Turkey  is  being  held  back  by  the  lack  of  activity  and  productivity  growth  that  is  not 
sufficiently  broad-based.  Overall,  the  strong  recovery  has  not  affected  the  functioning  of 
market mechanisms.  

Human and physical capital  

The educational reform programme, which is a key component of the National Development 
Plan  (2007-2013),  is  being  implemented.  It  sets  two  key  priorities  for  education, 
modernisation  and  reform:  namely  increase  the  responsiveness  of  education  to  demand  and 
enhance  the  education  system.  In  2010,  the  challenges  remained  significant.  Although  there 
has been some progress and the top students in Turkey are performing well, the vast majority 
of Turkish students display the lowest proficiency levels in basic skills and problem-solving. 
Participation in higher education remains low by international standards. Around 45% of 20- 
to  24-year  olds  go  to  university,  which  is  8  percentage  points  more  than  five  years  ago. 
Reforms and increased spending on education are obviously generating a positive impact on 
educational attainment and schooling rates, but significant problems remain with regard to the 
quality of education.  

A high level of job creation is needed to provide work opportunities for young people entering 
the labour market. Overall, the Turkish labour force remains to a large extent low skilled due 
to  persistent  problems  in  the  education  and  vocational  training  systems  and  a  segmented 

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labour  market.  While  employment  measures  for  the  young  and  for  women  have  increased, 
their scope and impact is still too low.  

The gross fixed capital formation ratio rose from 16.9% of GDP in 2009 to 18.7% in 2010. 
The increase in public investments was relatively small (from 3.7% to 3.9% of GDP), whereas 
private investments increased from 13.2% to 14.9% of GDP. FDI inflows to Turkey (gross) 
increased  from  €5,861  million  to  €6,738  million.  Acquisitions  of  real  estate  by  foreigners 
were up to 28% of total FDI inflows in 2010 (from 21% in 2009). Although the official aim of 
the government is to increase expenditures on research and development to the target figure of 
2% of GDP by 2010, the actual outcomes remain much lower, given that R&D expenditure 
amounted  to  just  0.85%  of  GDP  in  2009  (latest  available  data).  Growth  in  gross  electricity 
consumption  has  averaged  around  6%  in  each  of  the  past  five  years,  and  no  extra  power 
generating capacity has been built. Improvements in infrastructure have been modest. Overall, 
modest progress was made on upgrading the country's human and physical capital. 

Sectoral and enterprise structure 

Following a significant increase in 2009, agriculture's share of employment stabilised at 25% 
in  2010.  Jobs  were  created  in  the  industrial  sector  (including  construction)  and  the  share  of 
agriculture in the total labour force rose to 26.3%, i.e. back to pre-crisis levels. Employment 
in  the  services  sector  was  down  from  over  50%  in  2009  to  over  48.6%  in  2010.  Labour 
markets have been adjusting rapidly to the need for recovery, and overall employment grew 
by  over  6%  in  2010.  At  the  same  time,  the  relative  output  of  agriculture  remained  stable  at 
8.4%  of  GDP  in  2010.  The  contribution  of  industry  (including  construction)  to  GDP  grew 
proportionally  faster  than  that  of  other  sectors,  accounting  for  roughly  26%  of  GDP.  The 
contribution of services decreased slightly to about 64% of GDP.  

Progress in the liberalisation of the electricity and natural gas sectors has been uneven. The 
privatisation  programme  for  electricity  distribution  assets  was  completed  in  2010  and  the 
process for the generation of assets has been launched. The long awaited  law  amending  the 
previous  law  on  renewables  was  adopted  in  mid-January  2011  with  a  view  to  promoting 
investments  in  renewables.  There  are  no  developments  to  report  in  the  gas  sector.  The 
deadlines  set  by  the  Natural  Gas  Market  Law  to  restructure  the  incumbent  gas  monopoly 
holder,  BOTAS,  have  not  been  met.  The  level  of  competition  in  the  telecommunications 
market remained limited. The percentage of alternative operators in the broadband and fixed 
telephony market remains low.  

Overall, the industrial sector is still the driving force behind Turkey's rapid recovery. 

State influence on competitiveness 

There  has  seen  some  long  awaited  progress  in  the  field  of  State  aid.  The  law  on  State  aid 
monitoring  has  been  adopted  and  the  State  Aid  Authority  has  become  operational.  It  is 
expected  that  it  will  establish  a  comprehensive  State  aid  inventory  and  an  action  plan  for 
aligning all State aid schemes with the acquis. Competitiveness rules should also be relaxed 
by the Parliament's adoption of the Commercial Code, which is expected to enter into force in 
July  2012.  Public  procurement  policies  continued  to  be  undermined  by  exceptions  to  the 
regulatory framework. Overall, the new law on State aid monitoring and the operation of the 
State Aid Authority may increase transparency and lead to a reduction of State aid. 

Economic integration with the EU 

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The openness of the economy as measured by the value of exports and imports of goods and 
services as a percentage of GDP remained unchanged at 47.7% in both 2009 and 2010. The 
EU's share of Turkey's total trade decreased from 42.6% in 2009 to 41.7% in 2010. The EU 
share  of  Turkey's  exports  increased  slightly  from  46%  to  46.2%,  although  its  import  share 
decreased from 42.6% to 41.7%. The EU continued to be the main source of FDI inflows to 
Turkey,  with  a  79%  share  in  2009  and  a  76%  share  in  2010.  Foreign  capital  investment 
inflows originating from the EU countries – excluding real estate and others - increased from 
€4,356 million to €4,723 million. The share of Northern African countries in Turkey's exports 
was down from 9.9% to 8.2%. Near and Middle Eastern countries increased their total share 
in  Turkey's  exports  from  18.8%  to  20.5%  in  2010.  Overall,  trade  and  economic  integration 
with the EU remained high.  

Based  on  the  information  available  on  real  wage  developments,  unit  labour  costs  appear  to 
have increased at a broadly similar pace to labour productivity. At the same time, pressures 
leading to an appreciation of the nominal exchange rate were observed in 2010. In the year to 
May 2011, the exchange rate for the lira appreciated by 3% in nominal terms against a basket 
of  50%  US  dollar  and  50%  euro.  In  real  terms,  corrected  for  both  producer  and  consumer 
price  developments,  the  lira  strengthened  by  5%.  Overall,  standard  indicators  suggest  that 
there has been a slight worsening in Turkey's export competitiveness.  

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 
also  analyses  Turkey's  administrative  capacity  to  implement  the  acquis.  The  analysis  is 
structured  according  to  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 

Despite  an  advanced  level  of  alignment  in  this  area,  limited  progress  can  be  reported  as 
regards  alignment  with  the  general  principles  applicable  to  free  movement  of  goods.  The 
Ministry  of  Economy  started  implementing  a  risk-based  import  control  system  on  a  pilot 
basis. The system is a web-based tool allowing electronic applications to be filed by importers 
and  generating  electronic  certificates  of  conformity  on  completion  of  the  risk  assessment. 
Physical checks are carried out only for product categories that are considered to be 'at risk'. 
Nevertheless, the system, in its current application, is limited to a few product categories such 
as personal protective equipment. Third country products in free circulation in the EU, which 
fall  under  other  New  Approach  directives,  are  still  subject  to  conformity  assessment 
procedures on documentation and, if necessary, in the form of physical checks at the customs, 
which delay their access to the Turkish market. 

Technical  barriers  to  trade  continue  to  exist  and  prevent  the  free  circulation  of  goods  in 
certain  areas  such  as  pharmaceuticals.  The  requirement  concerning  good  manufacturing 
practice  certificates  for  the  registration  of  pharmaceutical  products  for  human  use  remains 
unchanged despite several attempts to resolve the issue through cooperation. This causes long 
delays in the registration process and results in a de facto discrimination against EU imports 
which works to the advantage of domestic producers. The requirements to register imports of 
textiles  and  clothing  remain  in  effect.  The  mutual  recognition  principle  has  still  not  been 

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introduced  into  the  Turkish  legal  order,  which  creates  limitations  on  the  free  circulation  of 
goods in the non-harmonised area. Turkey's introduction of new mandatory standards in this 
area without prior notification to the EU creates trade problems, which can result in economic 
losses.  Licences  are  still  required  for  old  goods  such  as  construction  equipment  and  motor 
vehicles  and  for  goods  classified  as  renovated  or  faulty,  and  also  for  second-hand  motor 
vehicles  and  alcoholic  beverages.  Exports  of  copper  scrap  are  still  subject  to  restrictions 
which  constitute  a  de  facto  ban  that  is  contrary  to  Customs  Union  provisions.  Some  other 
goods are subject to prior registration. 

As  regards  horizontal  measures,  further  progress  can  be  reported  in  the  area  of 
standardisation. The adoption of European standards by the Turkish Standards Institute (TSE) 
continued during the reporting period. TSE has so far adopted a total of 16,506 standards of 
the European Committee for Standardisation (CEN) and the European Committee for Electro-
technical Standardisation (CENELEC). Turkey has so far harmonised a total of 377 standards 
of  the  European  Telecommunication  Standards  Institute  (ETSI).  The  overall  rate  of 
harmonisation with European standards is around 98%. TSE is running 73 operational mirror 
committees. Stakeholder participation is a crucial aspect of voluntary standardisation. TSE is 
encouraged to ensure more active participation by SMEs and consumers organisations in its 
standardisation work. TSE underwent an assessment by CEN and CENELEC in 2010 for its 
full membership of this organisation. The assessment is still ongoing with further exchange of 
documentation  between  the  TSE  and  CEN.  The  revised  law  reflecting  the  new  structure  of 
TSE has not yet been adopted. 

In  terms  of  conformity  assessment,  further  progress  was  achieved  in  the  area  of  Notified 
Bodies. There are now 18 Turkish Notified Bodies compared with 14 in 2010 operating in the 
areas  of  toys,  personal  protective  equipment,  lifts,  hot  water  boilers,  appliances  burning 
gaseous  fuels,  construction  products,  simple  pressure  vessels,  pressure  equipment,  medical 
devices, recreational crafts, machinery and equipment and protective systems intended for use 
in potentially explosive atmospheres. There is one Approval Body for the area of construction 
products. 

Some progress can be noted regarding accreditation. TURKAK is a member of the European 
Accreditation Cooperation (EA) and a signatory of seven multilateral agreements of the EA. 
The  number  of  TURKAK  accreditations  is  up  by  23%  since  last  year  and  has  reached  572. 
TURKAK  is  the  Monitoring  Authority  for  the  area  of  Good  Laboratory  Practice  (GLP). 
However, TURKAK has not yet established a GLP monitoring programme. The revised law 
designed  to  further  harmonise  the  structure  of  TURKAK  with  the  European  accreditation 
system has  not  yet been adopted. Pending these legislative changes, TURKAK continues to 
have problems as regards financial and administrative autonomy, which is an essential feature 
for an accreditation body. The current legal framework on accreditation is not yet in line with 
the EU's new legislative framework. 

Some  progress  can  be  reported  in  the  area  of  legal  metrology.  In  the  reporting  period,  the 
Ministry  of  Science,  Industry  and  Technology  issued  new  and  amending  legislation  on 
measures and measuring instruments, their import and export and tachographs. These changes 
helped  in  clarifying  the  legal  environment  and  in  the  further  liberalisation  of  trade  in 
measuring instruments  exported  from the EU. Implementation of  the measuring instruments 
directive has not yet started. 

There  was  some  progress  on  market  surveillance.  The  Ministry  of  Economy  published  its 
2010  market  surveillance  report.  The  report  reveals  that  market  surveillance  activities 

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continued to grow although there is a need for more focus on some product categories. There 
are  shortcomings  concerning  the  consistency  of  data  collected  by  market  surveillance 
authorities, insufficient allocation of resources to market surveillance activities and full-time 
commitment  of  inspectors  to  these  activities.  The  Ministry  of  Customs  and  Trade  was 
appointed  responsible  for  market  surveillance  in  the  non-harmonised  area.  The  Prime 
Ministry  adopted  a  circular  on  the  Market  Surveillance  Coordination  Board,  which  requires 
the active participation of the relevant bodies in Board meetings for the implementation of the 
National  Market  Surveillance  Strategy.  As  part  of  the  2010-2012  strategy,  the  Board  has 
recently adopted the National Market Surveillance Programme for 2011. The programme lists 
horizontal  priorities  such  as  the  creation  of  separate  administrative  units  for  market 
surveillance within Ministries, the inspection of chemical risks related to consumer products, 
the  establishment  of  common  enforcement  procedures,  the  maintenance  of  a  product  safety 
website, participation in the Product Safety Enforcement Forum of Europe (PROSAFE) and 
training activities. The database linking accidents and injuries to products as foreseen in the 
2011 market surveillance strategy is not yet operational although the technical work is about 
to  be  completed.  These  are  welcome  coordinated  steps,  although  coordination  within  and 
between  surveillance  agencies  is  still  incomplete,  including  with  regard  to  the  use  of 
information technologies. In addition, the Ministry of Economy increased the administrative 
fines related to market surveillance. The Ministry of Environment and Urban Planning issued 
a communiqué creating central surveillance inspectors, whose remit is to train local inspectors 
and  determine  the  Ministry's  market  surveillance  strategy.  During  the  reporting  period,  the 
Ministry of Science, Industry and Technology issued a communiqué on market surveillance of 
consumer goods which may contain dangerous chemicals. 

In spite of this progress, horizontal deficiencies persist, such as the insufficient allocation of 
financial and human resources and the need for more full-time specialised inspectors. The use 
of risk assessment and sampling methods is not yet widespread. The effectiveness of market 
surveillance  actions  is  not  systematically  evaluated  and  the  visibility  of  market  surveillance 
remains  low.  Stakeholders  are  not  systematically  informed  of  market  surveillance  activities 
and  measures,  and  their  general  involvement  in  surveillance  remains  weak.  However,  the 
establishment of the Market Surveillance and Product Safety Evaluation Board at ministerial 
level raised the overall profile of market surveillance in the country. Full alignment with the 
2001  version  of  the  general  products  safety  directive  has  yet  to  be  implemented.  The  same 
applies to Regulation 765/2008, which sets out the requirements for accreditation and market 
surveillance relating to the marketing of products. 

Alignment of horizontal measures is advanced. However, effective implementation of market 
surveillance and adoption of final legislative changes on standardisation and accreditation are 
still not in place. If this situation persists, it may particularly harm the work of TURKAK and 
place  its  multilateral  agreements  at  risk.  The  new  legislative  framework  on  marketing  of 
products  has  yet  to  be  adopted  with  respect  to  market  surveillance,  conformity  assessment 
procedures, CE marking and accreditation. 

There  was  limited  progress  on  the  'Old  Approach'  product  legislation.  In  the  reporting 
period  the  Ministry  of  Science,  Industry  and  Technology  adopted  various  pieces  of  mostly 
amending  legislation  on  the  manufacturing,  modification  and  assembly  of  motor  vehicles, 
emissions  from  non-road  mobile  machinery  and  from  light  passenger  and  commercial 
vehicles,  heavy  duty  vehicles,  agricultural  and  forestry  tractors,  on  technical  services  for 
motor  vehicles  and  the  type-approval  of  hydrogen-powered  motor  vehicles.  Most  of  these 
amendments  are  related  to  the  postponement  of  implementation  deadlines.  The  Ministry  of 
Health  issued  a  communiqué  on  detergents  and  surfactants  used  in  detergents.  The  same 

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Ministry  issued  amending  legislation  on  the  packaging  and  labelling  of  pharmaceuticals  for 
human  use,  the  licensing  of  such  products,  a  regulation  on  clinical  trials  and  another 
regulation on traditional herbal medicinal products. With regard to regulatory data exclusivity, 
there is no evidence that Turkey has recently approved unlawful generic applications. Certain 
provisions of its legislation do not provide legal certainty as regards data exclusivity for any 
combination  pharmaceutical  product  registered  in  the  Customs  Union  after  1  January  2005. 
There are concerns over the cumbersome and delayed release of GMP certificates, which has 
already  severely  affected  and  continues 
the  marketing  authorization  of 
pharmaceutical  products  in  Turkey,  and  may  have  an  indirect  impact  on  regulatory  data 
exclusivity. The Tobacco and Alcohol Board continues to require the same documentation as 
was  required  before  the  import  licence  requirement  was  abolished.  Alignment  with  the  old 
approach acquis is advanced, but further efforts are needed for completion. 

to  affect 

Some further progress can be reported in the area of 'New and Global Approach' product 
legislation  as  the  alignment  is  already  advanced.  The  Ministry  of  Environment  and  Urban 
Planning issued various pieces of legislation on the performance of construction products in 
reaction to fire, conformity assessment systems, publication of technical specifications and the 
designation criteria for notified bodies. The Ministry of Health updated its designation criteria 
for  notified  bodies  in  the  area  of  medical  devices  and  published  two  regulations  on  active 
implantable  medical  devices  and  medical  devices  aiming  to  further  align  with  the  current 
acquis and another regulation on clinical trials also applying to medical devices. The Ministry 
of  Science,  Industry  and  Technology  published  regulations  on  eco-design  requirements  for 
energy  using  products  and  appliances  burning  gaseous  fuels.  The  regulation  on  eco-design 
requirements has not yet been implemented. 

There is no progress to report regarding procedural measures. Regulation 765/2008 has not 
yet been transposed into the Turkish legal order, although its provisions regarding the control 
of products entering the EU market are implemented by the Ministry of Economy in selected 
areas. There was no progress regarding cultural goods and firearms. 

There  was  no  progress  in  the  non-harmonised  area.  The  mutual  recognition  principle  has 
still not been introduced by Turkey in its trade relations with the EU. This creates various ad 
hoc technical barriers to trade, particularly when Turkey introduces new mandatory technical 
specifications on products that are in the non-harmonised area. The provisions regarding the 
Turkish G mark applicable to all construction products in the non-harmonised area have been 
revised. Products manufactured or lawfully put into free circulation in the EU are admitted on 
the Turkish market after affixing the G mark based upon declaration of performance values. 
Previously,  third  country  products  in  free  circulation  in  the  EU  were  subject  to  checks  on 
conformity assessment in Turkey. Although this is a positive step, the revised provision falls 
short of mutual recognition, as the Turkish mark must be affixed on products coming from the 
EU. 

Turkey has not fully incorporated into its domestic legal order all EU acts for the removal of 
technical barriers to trade listed in Annex II to Decision 2/97 of the EU-Turkey Association 
Council.  Turkey  has  agreed  to  a  mechanism  for  the  updating  of  the  Annex  to  this  decision 
which reflects the 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 

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whose  last  port  of  call was  Cyprus,  Turkey  will  not  be  in  a  position  to  implement  fully  the 
acquis relating to this chapter. 

Conclusion 

Some limited progress  can  be  reported in this chapter. Although alignment is  advanced  and 
the quality infrastructure  is  reaching  a  certain  degree  of  maturity, technical barriers to trade 
continue to prevent the free movement of goods in violation of Turkey's obligations under the 
Customs  Union.  The  new  legislative  framework  on  marketing  of  products  has  yet  to  be 
transposed into the Turkish legal order. Even if the situation improved in the last year, there 
are  deficiencies  in  market  surveillance  systems  and  in  their  effective  implementation.  The 
mutual  recognition  principle  has  not  been  introduced  into  Turkey's  trade  legislation,  which 
creates  practical  trade  problems.  There  is  no  evidence  of  approval  of  unlawful  generic 
applications.  However,  certain  provisions  related  to  data  exclusivity  do  not  provide  legal 
certainty. The area of pharmaceutical products also suffers from serious delays related to the 
non-recognition of GMP certificates and the absence of any other cooperative solution which 
would  restore  a  fair,  stable  and  predictable  trade  environment.  The  full  implementation  of 
Decision  1/95  is  required,  which  means  the  abolition  of  the  remaining  import  and  export 
licences and of the restrictions on imports of used products. 

4.2. 

Chapter 2: Freedom of movement for workers 

No progress was made with regard to access to the labour market.  

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

Turkey's  social  security  institution  received  expertise  and  training  and  thus  continued  to 
increase its capacity to prepare for the coordination of social security systems. 

There are no developments to report as regards the European health insurance card. 

Conclusion 

There is hardly any progress to report on freedom of movement for workers. Preparations for 
applying the acquis in this area remain at an early stage. 

4.3. 

Chapter 3: Right of establishment and freedom to provide services 

There  has  been  no  progress  on  the  right  of  establishment  and  freedom  to  provide  services. 
Work on the detailed alignment strategy is ongoing. 

Disproportionate requirements are still in place with respect to the right of establishment.  

There  has  been  no  progress  in  the  area  of  freedom  to  provide  cross-border  services.  The 
granting  of  work  and  residence  permits  to  service  providers  established  in  an  EU  Member 
State  remains  subject  to  registration,  licence  or  authorisation  requirements  that  are 
incompatible  with  the  acquis.  There  is  no  mechanism  to  prevent  such  requirements  from 
continuing to be introduced in the domestic legal order, which happened in late 2010 with the 
adoption  of  a  regulation  that  made  the  use  of  service  stations  for  tachographs  in  use  in 
vehicles  for  road  transport  conditional  on  the  provider  producing  a  Turkish  identity  card. 

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Alignment with the Services Directive still has to be achieved, and a Point of Single Contact 
for the provision of services has to be set up. 

There is no progress to report on postal services. The draft postal law has still to be adopted, 
even though its adoption has already been considered a few times during the last three years. 
A broad legal monopoly remains in place, with no clear indications of further gradual market 
opening.  As  for  administrative  capacity,  an  independent  regulatory  authority  still  has  to  be 
established. 

No  progress  can  be  reported  on  mutual  recognition  of  professional  qualifications. 
Recognition  of  professional  qualifications  still  has  to  be  differentiated  from  recognition  of 
academic qualifications. Some regulated professions are still subject to reciprocal recognition. 
Nationality and language requirements continue to exist. 

'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 fully implement the acquis relating to this chapter. 

Conclusion 

Overall alignment under this chapter remains at an early stage. No progress can be reported in 
the areas of right of establishment, freedom to provide cross border services, postal services 
and the mutual recognition of professional qualifications. 

4.4. 

Chapter 4: Free movement of capital 

Some  progress  can  be  reported  on  capital  movements  and  payments  during  the  reporting 
period. The authorities revised the implementing regulation on the acquisition of real estate by 
companies established in Turkey with foreign capital, easing some application requirements. 
The  Capital  Markets  Board  adopted  a  communiqué  regulating  the  listing  and  the  sale  of 
foreign capital market instruments in Turkey, introducing equal treatment with local issuers. 

The authorities initiated a study to assess the potential impact of abolishing restrictions on the 
acquisition  of  real  estate  by  foreigners.  Turkey's  legislative  framework  in  this  area  is  not  in 
compliance 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  in  the 
implementation  of  gradual  liberalisation,  which  is  a  key  element  for  the  accession 
negotiations in this chapter. 

There  has  been  limited  progress  on  removing  the  remaining  restrictions  on  foreign  direct 
investments  originating  from  the  EU,  which  is  a  priority  in  this  area.  A  law  increasing  the 
limit  on  foreign  ownership  in  radio  and  TV  companies  from  25%  to  50%  has  entered  into 
force. In addition to radio and TV broadcasting, restrictions on foreign ownership remained in 
other sectors, such as transport, education, and the privatisation of electricity distribution and 
generation assets. 

Significant  efforts  are  still  needed  in  order  to  align  the  current  legal  framework  on  capital 
movements and payments with the acquis. There has been no progress in payment systems 

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and the level of overall alignment with the acquis remains incomplete. Incidents of prevention 
of transactions between banks established in the Republic of Cyprus and banks established in 
Turkey have been reported.  

Limited  progress  has  been  made  on  alignment  with  the  acquis  in  the  fight  against  money 
laundering. A law is in preparation to address the recommendations of the Financial Action 
Task Force (FATF) concerning the criminalisation of financing of terrorism.  

The  FATF  considers  that  Turkey  has  strategic  deficiencies  in  the  area  of  anti-money 
laundering  and  counter  financing  of  terrorism  and  that  Turkey  has  not  made  sufficient 
progress to address them. Therefore, in its last plenary on 22-24 June 2011 the FATF decided 
to move Turkey into its so-called black list. Turkey has been invited to adequately criminalise 
terrorist  financing  and  implement  an  adequate  legal  framework  for  identifying  and  freezing 
terrorist assets. As a consequence, FATF members may now advise their own institutions to 
be especially vigilant when dealing with Turkish institutions, e.g. through 'enhanced customer 
due diligence'. The FATF will review the situation in Turkey on 24-28 October 2011.  

The Turkish Financial Crimes Investigation Board (MASAK) – which serves as the Turkish 
Financial Intelligence Unit (FIU) – has signed Memoranda of Understanding on the exchange 
of  information  with  its  counterparts  in  six  countries  (Jordan,  Luxembourg,  Senegal,  United 
Kingdom, Canada and Belarus). 

A  slight  increase  was  recorded  in  the  number  of  suspicious  transaction  reports  mostly 
originating from the banking sector. The number of suspicious transaction reports relating to 
the financing of terrorism increased to 186 in 2010, against 49 in 2009. Results with regard to 
convictions, confiscations, seizures and freezing of assets remain limited. 

MASAK continued to provide training to examiners, judges, prosecutors and obliged parties. 
A training department was established in November 2010 to provide in-service training and 
training  for  law  enforcement  officials,  examiners  and  obliged  parties.  MASAK's  capacity 
needs to be further improved. Cooperation between MASAK, law enforcement bodies and the 
judiciary  still  has  to  be  strengthened.  Turkey  has  not  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 the Convention in 2007. 

Conclusion 

There  has  been  some  progress  on  capital  movements  and  payments,  where  authorities 
increased  the  limit  on  foreign  ownership  in  media  companies  and  relaxed  the  issuance  of 
foreign capital market instruments in Turkey. Alignment with the acquis capital movements 
and payments, as well as payment systems remains incomplete. There has been no progress in 
the gradual liberalisation of acquisition of real estate by foreigners,  where various obstacles 
remain. Restrictions on capital movements remain in place in a number of sectors, including 
on  direct  investments  originating  from  the  EU.  Enforcement  capacity  to  deal  with  money 
laundering  and  financing  of  terrorism  needs  to  be  significantly  improved.  The  legal 
framework against financing of terrorism remains incomplete and further efforts are needed as 
regards alignment with the acquis in this area. 

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4.5. 

Chapter 5: Public procurement 

There is very limited progress to report on general principles. The domestic price advantage 
clause  continued  to  be  frequently  utilised  in  21%  of  the  overall  contract  value  above  the 
threshold. Its use is likely to increase following the Prime Ministry Circular of 6 September 
2011,  which  stipulates  that  the  implementation  of  the  Law  on  Public  Procurement  should 
favour the participation of domestic bidders. The value of contracts covered by exclusions and 
via direct purchase increased by 17% and 22% respectively. 22% of the overall contract value 
was  not  subject  to  the  tender  procedures  stipulated  in  the  Public  Procurement  Law.  The 
amendment to the Public Procurement Law in February 2011 partially revised the application 
of the domestic advantage clause. Accordingly, procuring entities may grant a 15% domestic 
price  advantage  to  domestic  or  international  bidders  in  supply  tenders  if  they  offer 
domestically  produced  goods.  Although  this  revision  reduces  the  discrimination  against 
foreign  tenderers,  the  existence  of  such  a  preferential  provision  remains  an  obstacle  to  fair 
competition. The same amendment exempted the purchases of the state-owned Turkish Coal 
and  Mine  Management  Company  from  the  Public  Procurement  Law.  Turkey  will  need  to 
repeal  derogations  contradicting  the  acquis,  as  they  reduce  competition  and  efficiency  in 
public tenders. The legislation needs to be revised in order to reduce the frequency with which 
recourse  is  made  to  alternative  procurement  procedures.  Preparations  are  moderately 
advanced in this area. 

There has been some progress on the award of public contracts. Following the adoption of 
the  implementing  legislation,  the  electronic  public  procurement  platform  (EKAP)  became 
operational.  The  call  centre  continues  to  provide  advisory  services  to  the  procuring  entities. 
The Public Procurement Authority actively performs a training function. 

The  necessary  administrative  capacity  is  in  place  both  in  the  Public  Procurement  Authority 
and in the State Planning Organisation. The public private partnership policy and support unit 
was  established  in  the  State  Planning  Organisation  in  November  2010.  The  Ministry  of 
Finance  is  responsible  for  the  coordination  of  policy  formulation  and  implementation, 
confirmed  by  a  legal  provision,  which  is  a  key  element  of  the  accession  negotiations  under 
this  chapter.  The  issues  of  understaffing  and  operational  capacity  in  the  relevant  unit  of  the 
Ministry  of  Finance  need  to  be  addressed.  In  most  sectors,  market  functionality  and 
competition  with  regard  to  other  stakeholders  (contracting  entities  and  economic  operators) 
are satisfactory. Preparedness is highly advanced in this area. 

The Turkish Public Procurement legislation continues to differ from the acquis in a number of 
respects. Classical and utilities sectors continue to be subject to the same public procurement 
procedures.  There  is  a  lack  of  transparency  as  regards  the  award  of  concessions  and  public 
private partnerships in the absence of a coherent legal framework. This is a central issue under 
this  chapter.  The  2011  thresholds  and  financial  limits  for  procurement  are  well  above  EU 
levels. 

The  alignment  strategy  on  public  procurement,  which  was  drafted  in  2010,  needs  to  be 
adopted and implemented. The draft strategy sets out milestones for eventual full alignment 
with the acquis. 

No  progress  can  be  reported  on  alignment  with  the  Remedies  Directives.  The  number  of 
complaints lodged by dissatisfied tenderers has increased by 45% from 2,954 in 2009 to 4,281 
in 2010. The Public Procurement Board reaches a decision regarding the appeals in not more 
than 20 calendar days and announces it on the website. Turkey needs to align the legislation 

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on  review  procedures  with  the  acquis,  and  strengthen  administrative  capacities  and 
enforcement mechanisms. Preparations are moderately advanced in this area. 

Conclusion 

Limited  progress  can  be  reported  in  this  chapter.  The  institutional  set-up  is  in  place,  but 
administrative capacity needs to be improved. The draft alignment strategy with a time-bound 
action  plan  is  ready  and  needs  to  be  adopted.  Turkey  still  needs  to  repeal  derogations 
contradicting  the  acquis  and  to  further  align  its  legislation,  particularly  on  utilities, 
concessions and public-private partnerships. 

4.6. 

Chapter 6: Company law 

Significant progress can be reported on company law. The long pending Turkish Commercial 
Code (TCC), a key element for the accession negotiations in this chapter, was promulgated on 
14 February 2011 and is due to enter into force on 1 July 2012. Its full compliance with the 
acquis is yet to be confirmed.  

A  pilot  application  for  online  registry  of  companies  has  started  at  the  Mersin  Chamber  of 
Commerce. The new TCC obliges each corporation to have an internet site where corporate 
transparency 
announcements,  financial  statements  and  reports  are  published.  New 
requirements  also  oblige  small  and  medium-sized  enterprises  (SMEs)  to  establish  web-sites 
and to register their trade names, trade marks and domain names. 

Under  the  new  TCC,  the  establishment  of  a  joint-stock  and  a  limited  company  by  a  single 
person will be possible for the first time in the Turkish legal system. Corporate management 
principles  of  the  incorporations  open  to  public  shall  be  identified  by  the  Capital  Markets 
Board  (CMB).  Equities  corresponding  to  a  particular  amount  of  the  capital  of  the 
incorporations  may  be  offered  to  the  public  at  the  establishment  stage.  Demerging  of 
companies  is  regulated  for  the  first  time.  Books  and  end-of-year  financial  statements  of 
companies and incorporations must comply with Turkish Accounting Standards. SMEs shall 
select at least one certified public accountant or an independent accountant. Until the Board of 
Auditing Standards of Turkey is established, national auditing standards shall be identified in 
accordance  with  the  international  auditing  standards.  Auditors  may  only  be  independent 
auditing bodies. They shall be temporarily audited by the Ministry of Industry and Trade. The 
CMB's  permission  will  be  required  for  fund  raising  to  establish  incorporation  or  another 
company, and with the aim of increasing company capital. The CMB shall verify that the total 
funding raised is used for the declared purpose. 

The capacity of the judiciary, in particular the commercial judiciary, to implement the TCC 
remains unknown. Professional business organisations in the provinces have been organising 
training sessions on the new code. However, no other training and capacity building activities 
have been organised to familiarise the judiciary and other stakeholders with the new rules.  

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).  Training  materials  were  published  for 
SMEs.  Modules  for  the  training  of  trainers  on  International  Financial  Reporting  Standards 
(IFRS)  for  SMEs  have  been  prepared  and  the  first  workshop  has  been  held.  There  was  an 
increase  in  the  number  of  staff  in  TASB.  Specialised  training  was  organised  for  new  staff 
members. 

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There is no progress to report on auditing.  

Conclusion 

Overall,  significant  progress  was  made  in  this  chapter  following  the  adoption  of  the  new 
Turkish  Commercial  Code,  which  is  expected  to  promote  openness,  transparency  and 
adherence to international accounting and auditing standards. However, neither the legal and 
institutional  framework  for  auditing  nor  the  necessary enhanced capacity  of  the  commercial 
judiciary is yet in place. 

4.7. 

Chapter 7: Intellectual property law 

Limited  progress  can  be  reported  in  the  area  of  intellectual  property  law.  Political  will  to 
effectively enforce industrial property rights needs to be strengthened. There has been some 
progress in the dialogue with the authorities in the context of the IPR Working Group between 
the EU and Turkey, which held its first meeting in May 2011. The successful engagement of 
Turkey  in  an  IPR  dialogue  with  the  Commission  is  a  key  element  for  the  accession 
negotiations on this chapter. 

Concerning  copyright  and  neighbouring  rights,  adoption  of  the  draft  Law  on  Intellectual 
and  Artistic  Works  is  still  pending.  The  Directorate-General  for  Copyrights  (DGCC)  in  the 
Ministry  of  Culture  and  Tourism  (MoCT)  has  pursued  technical  studies  to  improve  the 
quality,  transparency  and  legal  predictability  of  the  use  of  banderols,  recording  and 
registration services with regard to literature, music and cinema works. Tracking of piracy has 
improved  as  a  result  of  training  organised  jointly  by  the  MoCT,  the  Ministry  of  Interior 
(police),  anti-piracy  commissions  and  the  judiciary.  Anti-piracy  commissions  are  working 
efficiently, and specialised IPR police units have conducted successful operations in the fight 
against piracy. However, the rules and procedures for the fight against piracy still need to be 
simplified. 

Some progress can be reported with regard to implementation of industrial property rights. 
The  administrative  capacity  of  the  Turkish  Patent  Institute  (TPI)  has  further  improved  as  a 
result of tailor-made and jointly organised training programmes. Jointly organised events also 
helped improve the dialogue among IPR stakeholders. Consistency of the TPI final decisions 
with IPR courts has improved and appeals decreased. Latest statistics indicate that rejections 
of  the  TPI  decisions  by  IPR  courts  were  down  by  30%  compared  to  2009.  The  speed  of 
trademark registrations increased. However, decisions are still not properly justified and their 
quality in terms of consistency could still be improved. Moreover, issues linked to bad faith 
and similar trade marks and industrial designs remain unresolved. A positive development in 
this  area  is  the  ongoing  elaboration  of  new  Examination  Guidelines  for  the  registration  of 
patents, designs and trademarks. These will be the result of cooperation between the TPI and 
German experts as part of an EU-funded twinning project. There are still not enough senior 
and junior experts in the TPI. Existing structured dialogue mechanisms, such as consultation 
meetings between the TPI and IPR-holders, are still too weak to address systemic problems. 
The conduct of trademark and patent agents is not supervised. This profession lacks a code of 
conduct for regulating ethical principles. 

No  progress  can  be  reported  on  the  adoption  of  industrial  property  legislation  and  related 
enforcement  issues.  Turkey  has  no  criminal  enforcement  measures  for  industrial  property 
rights, except for trademarks, and enforcement bodies still lack the authority to act ex-officio 
with  regard  to  all  industrial  property  rights.  Draft  laws  on  patents,  industrial  designs, 

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geographical  indications  and  trademarks  of  better  quality  and  more  aligned  with  the  acquis 
were prepared by the TPI in consultation with stakeholders. However, they have been pending 
for a long time at different levels of the law-making process. There is a need to adopt a law on 
IPR enforcement procedures in line with the EU Enforcement Directive. 

In  2009  late  adoption  of  provisions  on  criminal  sanctions  for  trademark  infringements  to 
replace the annulled trademark decree law created a legal gap and significantly weakened IPR 
protection in Turkey. During the reporting period, confiscated counterfeit goods continued to 
be  returned  to  the  defendants  and  often  to  the  market,  regardless  of  risks  to  health  and 
consumer  safety,  because  they  were  no  longer  the  subject  of  a  criminal  offence.  Despite 
complaints  from  both  the  private  and  the  public  sector,  and  a  joint  EU-USA-Japan  political 
démarche on this matter, the Turkish authorities did not make any particular effort to remedy 
the  situation.  Judicial  enforcement  remains  problematic  and  lengthy.  Expert  witness 
procedure  functions  like  a  parallel  judiciary,  especially  in  patent  cases.  Only  a  few  courts 
decide patent cases, without expert witness reports. Yet, most of the expert witnesses are not 
sufficiently knowledgeable of the intellectual property rights criteria. Their independence and 
impartiality  is  not  always  ensured,  particularly  in  cases  of  pharmaceutical  patents.  Judges 
need training  on  patentability criteria, research and examination reports. Judicial procedures 
including  injunctions,  search  and  seizure  warrants  are  still  lengthy  and  the  decisions  of 
different  courts  in  similar  cases  are  inconsistent.  The  number  of  specialised  IPR  judges  has 
decreased in recent years. 

Concerning  customs  enforcement,  the  centralised  customs  database  and  IT  management 
system  is  not  used  by  the  customs  points  to  effectively  prevent  counterfeit  goods  from 
entering  the  market.  The  customs  officers  and  controllers  have  a  very  poor  knowledge  of 
goods in terms of IPR. Ex-officio seizures are not effectively triggered. No accurate data are 
provided  about  checks  and  seizures  against  counterfeit  goods.  The  customs  administration 
needs enhanced IPR training and capacity building. Municipalities and gendarmerie officers 
should  also  be  involved  in  enforcement  operations  and  counterfeiting,  and  their  knowledge 
and capacity should be further reinforced. 

Conclusion 

Limited  progress  can  be  reported  in  this  chapter.  Adoption  of  updated  draft  laws  regulating 
intellectual  and  industrial  property  rights,  including  deterrent  criminal  sanctions  is  still 
pending. Adoption of a law on IPR enforcement procedures, in line with the EU Enforcement 
Directive,  is  needed.  Civil,  criminal  and  administrative  procedures,  including  ex-officio 
measures to combat piracy and counterfeiting, need to be strengthened. Judicial and customs 
enforcement remains weak; enhancement of the capacity of the judiciary and of the customs 
administration  with  a  view  to  more  effective  action  is  crucial.  Closer  coordination  and 
cooperation  among  IPR  stakeholders  and  public  bodies  is  essential,  as  well  as  general 
awareness campaigns on the risks of IPR infringements. The opportunity of an effective IPR 
dialogue with the EU through the recently launched IPR Working Group could contribute to 
an improvement in IPR protection in Turkey. 

4.8. 

Chapter 8: Competition policy 

Based on an advanced level of alignment in the anti-trust field, Turkey made some further 
progress  in  this  area.  The  Competition  Authority  adopted  implementing  legislation  on 
mergers (including guidelines on merger remedies), thereby bringing about closer alignment 
with  EU  merger  rules.  The  scope  of  the  Turkish  Competition  Act  still  does  not  include 

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banking  mergers  and  acquisitions  resulting  in  combined  market  shares  below  20%.  Turkey 
has not yet transposed the acquis on horizontal cooperation agreements and de minimis rules. 
Turkey is still expected to incorporate rules on public undertakings and undertakings enjoying 
exclusive and special rights into its domestic legal system. 

The  Competition  Authority's  overall  administrative  capacity  remains  high.  It  continued  to 
display  a  satisfactory  level  of  administrative  and  operational  independence,  and  a 
commitment  to  high-level  training  for  its  staff.  The  Authority  further  strengthened  its  track 
record  in  enforcing  antitrust  rules  with  a  number  of  landmark  cases,  particularly  in  the 
banking and automotive sectors. 

Substantial progress can be reported in the area of State aid. Following the adoption of the 
State  aid  law  an  informal  inventory  of  aid  schemes  has  been  established.  The  Board  of  the 
State Aid Monitoring Authority has been appointed and competent staff have been transferred 
from the Treasury. Training curricula are now being implemented. The Authority is now fully 
set up and has started drafting the relevant implementing legislation. There remain a number 
of schemes in need of alignment with Customs Union rules, in particular the stimulus measure 
adopted in July 2009, notably by providing for caps on the total amounts of aid received, as 
well as the regime regarding free zones. The assessment of State practices in support of the 
steel sector between 2001 and 2006 revealed incompatibilities with the 1996 ECSC – Turkey 
Free Trade Agreement. 

Conclusion 

In  the  field  of  antitrust  and  merger  control,  Turkey's  alignment  record  is  good.  The 
Competition  Authority  enforces  antitrust  rules  effectively,  with  a  satisfactory  level  of 
independence.  Substantial  progress  has  been  made  in  the  area  of  State  aid.  In  particular  the 
State Aid Monitoring Authority is now set up. However, further efforts are still required in the 
area of alignment of existing State aid schemes. 

4.9. 

Chapter 9: Financial Services 

There  has  been  good  progress  in  the  area  of  banks  and  financial  conglomerates.  The 
Banking Regulatory and Supervisory Authority (BRSA) requested the banking sector to use 
BASEL  II  standards  for  reporting  and  review  purposes  during  a  transition  period  between 
1 July 2011 and 30 June 2012. These new Basel II rules are not used at this stage to sanction 
non-compliance. On 2 October 2010, the BRSA published an implementing regulation on the 
issuance of debt instruments by the banking sector, setting individual issuance limits per bank 
on  the  basis  of  their  capital  adequacy  ratios  as  well  as  their  deposit  base.  The  BRSA 
introduced new macro-prudential restrictions on housing loans and credit cards on 17 and 18 
December 2010 to strengthen financial stability. On 1 March 2011, the BRSA also ended the 
implementation  of  relaxed  loan  provisioning  and  restructuring  rules,  which  were  introduced 
temporarily during the global economic crisis. The BRSA increased provisioning and capital 
adequacy  requirements  for  general  purpose  consumer  credits,  excluding  housing  and  car 
loans, to reduce rapid credit growth. Overall, in the area of banks and financial conglomerates 
Turkey is well advanced. 

Some  progress  can  be  reported  on  insurance  and  occupational  pensions.  With  a  view  to 
adopting  Solvency  II  in  due  course,  the  Undersecretariat  of  Treasury  initiated  the  fifth 
Quantitative  Impact  Study  (QIS5)  on  10  December  2010,  in  which  all  market  agents  were 
obliged  to  participate.  While  the  calculation  of  the  basic  solvency  margin  follows  the  EU's 

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Solvency I principles, Turkish regulation even contains a second risk-based methodology to 
define  the  required  capital  level  and  obliges  market  participants  to  meet  the  higher 
requirement.  The  Treasury  published  an  implementing  regulation  detailing  the  rules  and 
procedures  applicable  for  the  supervision  and  audit  of  insurance  sector  and  private  pension 
companies. The regulation defines the responsibilities and rights of public authorities, as well 
as  the  sector,  while  introducing  ethic  rules  for  relevant  Treasury  staff.  There  has  been  no 
progress in the establishment of an independent regulatory and supervisory authority for the 
insurance sector. Further progress is needed, particularly in the minimum amounts of cover in 
third party liability insurance for motor vehicles. The level of alignment with the acquis in the 
insurance sector remains incomplete. Turkey already enjoys a high level of alignment with the 
acquis on financial market infrastructure. 

Some progress can be reported in the areas of securities markets and investment services. 
On 23 October 2010,  the  Capital Markets Board of Turkey (CMB), which is the competent 
supervisory  authority  for  the  securities  market,  adopted  a  new  communiqué  updating  the 
requirements for the listing and sales of capital markets instruments issued abroad in Turkey. 
As a consequence, the CMB abolished the requirement to issue depository receipts in the case 
of  a  sale  of  foreign  common  stocks  through  public  offerings  in  Turkey.  Moreover,  CMB 
allowed  the  sale  of  foreign  common  stocks  not  listed  in  their  country  of  origin.  However, 
foreign issuers are obliged to appoint a legal representative in Turkey before issuing capital 
market  instruments.  If  foreign  institutions  designate  a  custodian  in  Turkey  and  issue 
depository receipts, then the custodian can represent the foreign shareholders. Like domestic 
issuers, foreigners are also obliged to prepare their financial statements either in compliance 
with Turkish  accounting standards or international accounting standards. In parallel, foreign 
issuers  are  also  subject  to  external  audit  provisions  applicable  to  domestic  issuers.  Further 
efforts are needed, in particular as regards investor compensation schemes, market abuse and 
undertakings  for  collective  investment  in  transferable  securities  (UCITS).  CMB  allowed 
portfolio management companies  to  buy and sell units of investment funds directly to retail 
customers, including funds which are founded or managed by other companies. No progress 
can be reported regarding prospectus requirements. 

'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.  BASEL  II  standards  for 
reporting  are  provisionally  applied  by  the  banks,  while  the  domestic  requirements  for  the 
listing and sales of capital markets instruments were improved. The alignment with the acquis 
on banks and financial conglomerates, as well as in the area of financial market infrastructure, 
is  already  at  a  high  level.  However,  overall  alignment  with  the  acquis  is  not  yet  complete, 
particularly in the insurance sector, as well as in the area of securities, markets and investment 
services, where more progress is needed. 

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4.10.  Chapter 10: Information society and media 

Some progress can be reported in the field of electronic communications and information 
technologies.  The  Information  and  Communication  Technologies  Authority  (ICTA) 
continued to align with the electronic communications acquis, which is a key element in the 
accession  process.  In  particular,  implementing  regulations  regarding  customer  rights  and 
quality  of  services  were  introduced.  The  transparency  and  accountability  of  the  regulator's 
activities  improved.  Several  inconsistencies  remain  in  the  main  Electronic  Communications 
Law.  Some  provisions  on  authorisation,  spectrum  management,  access  and  interconnection, 
retail  tariff  regulation,  and  market  analysis  procedures  diverge  from  the  EU  framework. 
Primary legislation needs to be simplified. Further clarifications on some aspects of spectrum 
management,  including  digital  broadcasting  and  digital  dividend  policy,  or  broadcasting 
frequencies  at  the  border  are  needed.  The  scope  and  implementation  of  universal  service 
obligations  are  not  in  line  with  the  acquis.  The  authorisation  of  mobile  virtual  network 
operator  services  (MVNO)  and  issuance  of  the  implementing  regulation  on  authorisation  of 
broadband wireless access services operators are pending. 

Significant  progress  has  been  made  on  introducing  competitive  safeguards,  in  particular 
number portability and regulatory cost accounting, but enforcement of rights of new entrants 
in fixed voice and broadband markets is proving to be difficult in practice, resulting in limited 
competition.  Competition  has  been  more  active  in  the  mobile  market,  but  communication 
charges  imposed  on  mobile  operators  remain  high.  Limited  progress  can  be  reported  on 
number portability on fixed line services. The administrative independence, duties and powers 
of the National Regulatory Authority (NRA) are well established by law, but some aspects of 
independence,  such  as  effective  structural  separation  of  the  regulatory  functions  from 
activities associated with ownership or control, appointment and dismissal rules of the board, 
independence from State bodies, still need to be ensured. Transparency in the decision making 
process also needs to be further improved. 

As regards information society services, limited progress towards legislative alignment can 
be reported. Implementing regulations regarding  the names of internet domains and rules of 
coded  or  encrypted  communication  were  adopted.  Turkey  has  not  yet  transposed  the  acquis 
on the protection of conditional access services, nor signed up to the European Convention on 
the legal protection of services based on conditional access. There are discrepancies between 
the  law  on  electronic  signature  and  the  EU  Directive.  Moreover,  Turkey  has  yet  to  adopt 
legislation transposing the E-commerce Directive, although a twinning project exists for this 
directive. The law on internet content and the conditions under which internet providers can 
operate are not in line with international standards protecting freedom of expression and may 
affect citizens' rights relating to Internet access.  

As  regards  audiovisual  policy,  the  Turkish  broadcasting  legislation,  the  'Supreme  Board  of 
Radio and Television (RTÜK) Law', entered into force in March 2011. The law largely aligns 
legislation with the Audiovisual Media Services Directive (AVMSD), which is a key element 
for  the  accession  negotiations  in  this  chapter.  However,  the  law  fails  to  comply  with  the 
principle  of  freedom  of  reception  and  retransmission  of  television  broadcasts  which  is 
provided for in the AVMSD. 

The  law  increases  the  proportion  of  shares  that  foreigners  can  own  in  Turkish  broadcasting 
companies to 50%. It opens the way for broadcasting in different languages and dialects other 
than  Turkish  country-wide.  Licences  will  be  granted  for  a  ten-year  period  and  the  TV 
frequency  allocation  tenders  are  due  to  be  launched  in  two  years'  time.  The  law  does  not 

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resolve all concerns under the old legislation related to the interpretation of certain articles as 
regards  bans  on  broadcasting  and  sanctions  imposed  on  broadcasters.  The  RTÜK,  at  the 
beginning  of  2011  and  based  on  the  old  law,  issued  warnings  and  fines  to  broadcasters  for 
failing  to  respect  the  privacy  of  historical  characters,  discussions  on  homosexuality  or 
homosexual scenes in films/series. (See the section on Freedom of Expression under part 2 – 
Political criteria). 

As  regards  broadcasts  in  languages  and  dialects  other  than  Turkish,  private  broadcasters 
continued  their  broadcasts  without  restrictions  on  content,  time  limits  and  sub-titling  or 
consecutive  translation  requirement.  Eighteen  radio/TV  enterprises  broadcast  in  languages 
other than Turkish. There were no broadcasts at national level. The broadcasts are mainly in 
Kırmanji, and some also use Zaza and Arabic. Public broadcaster TRT continued its 24-hour 
Kurdish broadcasts as well as its 24-hour Arabic broadcasts, targeting mainly the Middle East. 
Euronews broadcasts in Turkish continued. 

As  regards  the  operating  methods  of  RTÜK,  its  decisions  are  published  on  the  website  to 
ensure  transparency.  The  forum  for  consultation  with  the  broadcasters  continued,  as  did 
preparations  for  the  transition  to  digital  broadcasting.  The  switchover  for  all  analogue 
broadcasts  is  scheduled  for  31  December  2012,  whereas  the  switch-off  date  has  been 
postponed to 31 December 2014 due to complaints from broadcasters. 

Conclusion 

Turkey  has  made  some  progress  in  the  area  of  electronic  communications,  in  particular  by 
implementing regulations, but further efforts are required for the alignment and enforcement 
of  laws  and  regulations.  Application  of  regulations  often  remains  problematic,  resulting  in 
limited competition in the fixed voice and broadband markets in particular. Transparency and 
independence  of  the  regulatory  authority  need  strengthening.  Limited  progress  can  be 
reported on legislative alignment regarding information society services. While there has been 
good  progress  in  the  area  of  audiovisual  policy,  alignment  with  the  AVMSD,  in  particular 
regarding jurisdiction and freedom of reception and retransmission, needs to continue. 

4.11.  Chapter 11: Agriculture and rural development  

Some progress can be reported on legislative alignment with the Common Agricultural Policy 
(CAP).  Turkey  carried  out  a  restructuring  of  the  Ministry  of  Agriculture  and  Rural  Affairs 
(MARA).  A  decree  concerning  the  organisation  and  duties  of  the  Ministry  of  Food, 
Agriculture  and  Livestock  (MoFAL)  entered  into  force  in  June  2011  and  it  represents  an 
important step in developing the administrative structures necessary to implement the CAP.  

Limited progress has been observed on horizontal issues. Efforts have been made to develop 
the  capacity  relating  to  the  Farm  Accountancy  Data  Network  (FADN),  which  has  been 
expanded to twelve provinces, and data collection started in 600 farms in those provinces in 
March  2011.  Regarding  agricultural  statistics,  which  are  a  key  element  for  the  accession 
negotiations in this chapter, the lack of an adopted strategy remains a shortcoming. As regards 
direct support to producers, Turkey has made no progress in the development of a strategy on 
the adjustment of its agricultural support policy to the CAP, which is another key element for 
the accession negotiations in this chapter. 

As  regards  the  agricultural  budget  in  2011  a  slight  increase  was  observed,  in  particular  in 
area-based payments and livestock headage payments, whilst deficiency payments decreased 

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somewhat. Legislation on the principles and rules relating to Good Agricultural Practice has 
been adopted. Limited progress has been made regarding  the preparations  for  the integrated 
administration  and  control  system  (IACS)  despite  the  fact  that  the  strategy  to  develop  the 
system  of  Land  Identification  and  the  National  Farmer  Registration  System  was  adopted  in 
2010. 

The de facto import ban on live cattle, beef meat and derivate products continues to be only 
partially  and  temporarily  lifted.  Further  efforts  still  need  to  be  made  by  Turkey  in  order  to 
fully implement its bilateral obligations under the trade agreement  for agricultural products. 
(See  also  Chapter  12  –  Food  safety,  veterinary  and  phytosanitary  policy).  The  complete 
removal of the ban remains a key component in the accession negotiations on this chapter. 

Concerning the Common Market Organisation, there is no progress to report. 

Significant progress can be reported as regards rural development. Turkey has continued to 
strengthen  its  Instrument  for  Pre-Accession  Assistance  for  Rural  Development  (IPARD)-
related  structures  and  in  August  2011  achieved  conferral  of  management  of  EU  funds  for 
three  measures  across  17  provinces.  This  has  paved  the  way  for  Turkey  to  operate  EU-
financed investments in agricultural holdings as well as in processing and rural development 
projects.  This  also  marks  a  key  element  for  the  accession  negotiations  in  this  chapter. 
Compliance with the EU accreditation criteria is being verified for three remaining provinces 
included in the first phase of the IPARD implementation. In parallel, the Managing Authority 
has  developed  its  capacity  to  operate  agri-environmental  measures  and  those  relating  to 
bottom-up  local  rural  strategies  and  to  the  setting  up  of  producer  groups,  included  in  the 
second stage of IPARD implementation. 

Some progress can be reported on quality policy. Turkey has registered Scotch Whisky as its 
first EU Geographical Indication. Further efforts are still needed to harmonise this area with 
the  acquis.  As  regards  organic  farming,  Turkey  adopted  legislation  on  the  principles  and 
implementation of organic agriculture. Compliance of this legislation with the acquis has yet 
to be confirmed. 

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  fully 
implement the acquis relating to this chapter. 

Conclusion 

Overall, some progress has been made under this chapter; however, further steps are pending 
in  a  number  of  key  areas.  Significant  progress  has  been  made  in  the  implementation  of  the 
IPARD programme through the initial Commission Decision to confer the management of EU 
funds,  as  well  as  preparations  achieved  for  the  second  phase  of  the  IPARD  Programme. 
Capacities  relating  to  agricultural  statistics  and  FADN  are  being  developed.  However, 
agricultural support policy differs substantially from the CAP and there is still no strategy for 
its  alignment.  The  failure  to  fully  remove  barriers  to  beef  imports  also  constitutes  a  major 
shortcoming. 

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

Some  progress  towards  transposition  and  implementation  of  the  acquis  has  been  observed. 
Turkey  restructured  the  Ministry  of  Agriculture  and  Rural  Affairs  (MARA):  a  decree 
concerning  the  organisation  and  duties  of  the  Ministry  of  Food,  Agriculture  and  Livestock 
(MoFAL) entered into force in June 2011. The framework law on  veterinary services,  plant 
health, food and feed has entered into force. However, some problems have arisen due to the 
time gap between the entry into force of the law and its implementing legislation. 

Some  progress  was  observed  on  the  transposition  and  implementation  of  the  acquis  in  the 
field  of  veterinary  policy.  The  official  control  system  has  been  strengthened;  however, 
further alignment is still required in order to bring the overall system fully into line with the 
EU  acquis.  Progress  has  been  observed  on  the  legislative  alignment  in  the  area  of  control 
systems for imports. A regulation concerning the tasks and working principles of veterinary 
border inspection posts has entered into force. However, implementation is still  incomplete. 
Three  land  and  two  seaport  border  inspection  posts  (BIPs),  as  well  as  the  BIP  at  Sabiha 
Gokcen Airport in Istanbul, are still not fully functional. Veterinary and phytosanitary checks 
need to be intensified at the BIPs, mainly by introducing additional specialised staff. 

Turkey  has  continued  its  efforts  to  bring  the  system  for  identification  and  registration  of 
bovines  and  their  movements  into  line  with  the  acquis.  However,  further  improvements  are 
required for it to fully comply with the EU system. Implementation of the identification and 
registration  of  ovine  and  caprine  animals  has  continued.  Identification  and  registration 
systems for animals are a key element for the accession negotiations in this chapter. Turkey 
maintained  its  fight  against  animal  diseases,  particularly  against  foot  and  mouth  disease 
(FMD), which is a key element for the accession negotiations in this chapter. A regulation on 
the notification of animal diseases and a regulation on the control of FMD have entered into 
force. FMD contingency plans are still to be adopted. The administrative capacity of MARA 
has increased as a result of training events and simulation exercises. The implementation of an 
intensive  FMD  vaccination  programme,  accompanied  by  strict  measures  governing  animal 
movement between Thrace and Anatolia, has continued and Thrace has kept its status of an 
FMD-  free  zone  with  vaccination.  However,  the  number  of  FMD  outbreaks  in  Anatolia  has 
remained a cause for concern. Turkey made no progress as regards transmissible spongiform 
encephalopathy  (TSE),  which  is  a  key  component  in  the  accession  negotiations  on  this 
chapter.  Timely  notification  of  animal  diseases,  which  is  another  key  element  for  the 
accession negotiations in this chapter, has continued. Turkey has made no progress as regards 
control of non-commercial movements of pet animals. 

Procedures have been further improved with regard to the implementation and follow up of 
the  national  residue  monitoring  plan  and  the  control  of  veterinary  medicinal  products. 
Laboratory  performance  has  increased  significantly;  however,  the  scope  of  testing  has 
remained limited. 

The de facto import ban on live cattle, beef meat and derivate products continues to be only 
partially  and  temporarily  lifted.  Further  efforts are  needed  by  Turkey  to  fully  implement  its 
bilateral obligations under the trade agreement for agricultural products (see also Chapter 11 
– Agriculture and rural development). Turkey has made no progress on zootechnical issues or 
animal  welfare,  the  latter  being  a  key  aspect  of  the  accession  negotiations  in  this  chapter. 
Turkey's  current  system  for  financing  veterinary inspections and  controls  is not  in line with 
the acquis. 

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As regards placing on the market of food and feed and animal by-products, some progress 
has  been  observed.  Administrative  capacity  has  been  strengthened  by  means  of  intensive 
training programmes. Annual inspection and monitoring programmes have been implemented. 
Initial  steps  for  developing  a  national  upgrading  plan  for  agri-food  establishments,  which 
constitutes  a  key  element  for  the  accession  negotiations  in  this  chapter,  have  started. 
Responsibilities have been assigned to different departments and institutions, which has led in 
particular  to  more  effective  official  controls,  including  those  for  animal  products. 
Implementation of a fully compliant system for all official controls is a key element for the 
accession negotiations in this chapter. Hygiene guidelines have been prepared and they have 
been implemented more widely in the sectors. However, legislation transposing the hygiene 
package, and including specific rules for animal products, has yet to be adopted. Legislation 
on feed hygiene has not yet entered into force. No progress was observed with regard to rules 
for animal by-products or the funding of checks. 

Regarding  food  safety  rules,  there  have  been  further  advances  in  legislative  alignment  and 
implementation  on  labelling,  additives  and  purity  criteria,  extraction  solvents,  quick  frozen 
foodstuffs,  food  for  particular  nutritional  uses,  ionising  radiation  and  mineral  waters. 
Transposition in the area of flavourings, food supplements, food enzymes, contaminants and 
novel foods has not yet been completed. No progress has been observed in the area of food 
contact materials. 

No progress can be reported regarding specific rules for feed. 

Some  progress  has  been  made  on  phytosanitary  policy  with  the  main  focus  on  plant 
protection  products  (PPPs).  Legislation  concerning  the  wholesale,  retail  sale  and  storage  of 
PPPs,  the  application  methods  and  principles  of  PPPs,  the  licensing  of  PPPs,  classification, 
packaging and labelling  of PPPs,  control of  PPPs  as  well as  methods  and principles of PPP 
production places have entered into force. Alignment has further improved in respect of non-
authorised  active  substances.  A  regulation  concerning  the  plant  passport  system  and 
registration  of  the  operators  has  entered  into  force  and  the  implementation  of  the  plant 
passport  system  in  pilot  species  has  started.  Progress  in  the  area  of  seed  and  propagating 
materials  remained  very  limited.  The  software  system  for  variety  registration  and  seed 
certification has become operational. Limited progress has been made on harmful organisms. 
A regulation on plant quarantine fumigation has entered into force. 

Legislation has been published in the area of genetically modified organisms; however, it is 
not aligned with the EU acquis. 

Conclusion 

Progress  has  been  achieved  towards  transposition  and  implementation  of  the  acquis  in  this 
chapter. The restructuring of the Ministry of Agriculture and Rural Affairs is a positive step 
towards  strengthening  the  official  control  system.  However,  further  alignment  is  needed  in 
order  to  bring  the  overall  control  system  fully  into  line  with  the  EU  acquis.  Considerable 
effort  is  needed  in  the  area  of  animal  health  and  in  bringing  agri-food  establishments  into 
compliance with the EU hygiene and structural requirements. 

4.13.  Chapter 13: Fisheries 

There  has  been  no  substantial  progress  in  alignment  with  the  fisheries  acquis.  Turkey 
restructured the Ministry of Agriculture and Rural Affairs (MARA): a decree concerning the 

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organisation and duties of the Ministry of Food, Agriculture and Livestock (MoFAL) entered 
into  force  in  June  2011.  The  establishment  of  a  Directorate-General  for  Aquaculture  and 
Fisheries  is  an  important  step  towards  setting  up  administrative  structures.  However,  the 
revised  Law  on  Fisheries,  which  would  complete  the  necessary  legal  framework  for  the 
implementation of the Common Fisheries Policy, has not yet been adopted. 

There has been some progress in the field of resource and fleet management. The Fisheries 
Information System (FIS) has been improved to include monitoring of the eel quota, and the 
issuing of fishing licences in the framework of the Council Regulation on illegal, unreported 
and unregulated (IUU) fishing. Recording of fishing vessels by the FIS has been linked to the 
system of the Undersecretariat for Maritime Affairs. The module for the biological parameters 
information  system  has  been  developed,  but  data  entry  has  not  started  yet.  Further 
enhancement is required in order to achieve full functionality of the FIS. 

The  total  number  of  fisheries  port  offices  is  now  40,  following  the  addition  of  four  newly 
constructed and equipped port offices. In the area of resource management, the capacity of the 
MoFAL has improved through the upgrading of technical skills in stock assessment and the 
economic  tools  for  fisheries  management.  Action  Plans  have  been  developed  for  four 
surrounding seas, eco-system fisheries management, integrated data collection, fleet capacity 
management  and  a  strategic  plan  for  fisheries  research.  Preparation  of  national  action  plans 
based on those plans and their effective implementation are crucial for sound, integrated and 
sustainable fisheries management. 

Concerning  inspection  and  control,  limited  progress  can  be  reported.  As  regards  control 
policy in the framework of the Bluefin tuna fisheries in the International Commission for the 
Conservation  of  Atlantic  Tunas  (ICCAT),  Turkey  has  implemented  the  regional  observer 
scheme, and the Coast Guard and Naval Forces have carried out inspections under the ICCAT 
joint  scheme  of  international  inspection.  However,  additional  efforts  are  needed  to  improve 
monitoring and compliance in the fisheries sector in order to ensure its sustainability. 

No progress can be reported on structural action, market policy and State aid. 

Limited  progress  can  be  observed  as  regards  international  agreements.  Turkey  signed  the 
FAO  agreement  on  Port  State  Measures  to  prevent,  deter  and  eliminate  IUU  Fishing.  Some 
progress  has  been  made  in  the  implementation  of  ICCAT  Recommendations.  However, 
further efforts are needed in order to comply with some ICCAT requirements, in particular as 
regards  data  collection  and  reporting  procedures.  As  the  United  Nations  Convention  on  the 
Law of the Sea (UNCLOS) provisions are implemented in a number of Community policies, 
including the Common Fisheries Policy, ratification of UNCLOS by Turkey would improve 
cooperation with the EU in the area of fisheries and maritime policy. 

'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 

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Overall, some progress can be reported under this chapter. Some progress has been made on 
setting  up  administrative  structures  as  well  as  on  resource  and  fleet  management.  However, 
further  efforts  are  still  needed  in  the  fields  of  inspection  and  control,  implementation  of 
international agreements, legislative alignment, market policy, structural action and State aid. 

4.14.  Chapter 14: Transport policy 

Some progress can be reported in the area of road transport. The regulation on transport of 
dangerous goods has entered into force, but the transition periods for full implementation are 
likely to be long. As regards the implementation of the regulation on digital tachographs for 
the international fleet, a website is available for the promotion and management of the whole 
process, including online card applications. The regulation does not cover the domestic fleet. 
Accessibility  of  transport  for  people  with  reduced  mobility  requires  the  establishment  of  an 
institutionalised approach among central and local authorities. Concerning road safety, as of 
August  2011,  around  48,000  commercial  vehicles  manufactured  before  1986  have  been 
removed from the road transport market. Sustained efforts are needed in this area. 

The  institutional  and  technical  capacity  for  implementing  the  rules  on  dangerous  goods  and 
digital  tachographs  is  not  at  the  required  level.  Poor  cooperation  between  the  relevant 
authorities is leading to setbacks in regulating work and rest periods, driver training according 
to EU standards, and roadside technical checks of commercial vehicles. Overall, preparedness 
in the road transport sector is advanced, but technical capacity and human resources require 
further improvements. 

There  has  been  little  progress  in  rail  transport.  Primary  responsibility  for  EU  alignment  – 
which  requires  substantial  reforms  in  all  aspects  of  railways  -  is  left  to  the  incumbent 
operator, Turkish State Railways (TCDD). The alignment process could be improved through 
the  direct  leadership  of  the  Ministry  of  Transport.  Constructive  involvement  of  major 
stakeholders in the railways sector could contribute to the process. 

TCDD  is  carrying  out  a  major  infrastructure  investment  programme  in  high  speed  railway 
lines.  Further  to  Ankara-Eskişehir,  the  Ankara-Konya  high  speed  train  service  is  now 
operational. New lines are expected to improve  service  quality and help the rejuvenation of 
Turkish railways. However, increased operating costs place an additional financial burden on 
the  public  budget,  which  requires  cost  based  accounting  and  the  introduction  of  a  public 
service  obligation  system.  The  intensification  of  rail  traffic  calls  for  improvements  in  the 
safety  of  the  rail  operations.  The  establishment  of  a  safety  authority,  accident  investigation 
body as well as safety management systems for railway operators are requirements under EU 
legislation. Overall, preparation in rail transport is at an early stage. 

There is no inland waterways transport in Turkey.  

Some  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  reiterated  its  willingness  to  be  integrated  in  the  aviation 
architecture  that  will  emerge  from  the  single  European  sky  initiative.  In  that  context,  a 
Turkish  pre-accession  strategy  for  the  aviation  sector  has  been  finalised,  covering  a  set  of 
priority actions on human resources, environment, market regulation and aviation safety. The 
Directorate-General  for  Civil  Aviation  (DGCA)  has  issued  instructions  on  the  language 
proficiency  of  personnel,  on  the  rules  to  control  air  vehicle  path  length  and  on  rules  to 
determine  methods  related  to  the  creation  and  approval  of  minimum  equipment  list.  The 

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DGCA  has  published  a  flight  operations  inspector's  handbook.  DGCA  has  also  issued  a 
regulation for a computerised reservation system, which has been widely used in the market. 

While the national regulation on allocation of slots is largely based on the relevant acquis and 
improve 
in  order 
IATA  Worldwide  Scheduling  Guidelines,  efforts  are  needed 
implementation, particularly as regards the independence of the slot coordinator. 

to 

Despite  an  active  training  policy,  the  human  resources  capacity  of  DGCA  is  becoming  a 
matter for serious concern given the robust growth of the aviation sector. The institutional and 
technical capacity of DGCA did not follow the pace of sector growth and there is high staff 
turnover. 

More  efforts  are  needed  in  the  implementation  of  air  traffic  management  acquis,  if  Turkey 
intends to be a part of Single European Sky. Currently, there are no developments concerning 
the exchange of flight data and requirements for the application of a flight message transfer 
protocol used for the purpose of notification, coordination and transfer of flights between air 
traffic control units. Moreover, 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.  An  operational  solution  needs  to  be  found  urgently.  Discussions  are  ongoing  within 
ICAO. No agreement has so far been reached between the parties on this issue. 

Concerning the capacity to implement the EU acquis, including control measures in line with 
EU  standards,  and  the  continuation  of  legislative  and  administrative  alignment  with  the 
transport acquis in the area of air safety, Turkey is expected to accept the European Aviation 
Safety Agency as the competent body to carry out standardisation inspections in the field of 
air  traffic  management/air  navigation  services.  Overall,  the  level  of  preparedness  in  civil 
aviation  is  increasing,  but  implementation  of  the  pre-accession  strategy  will  enable  further 
progress. 

Some  progress  can  be  reported  in  the  field  of  maritime  transport.  Turkey  has  volunteered 
for International Maritime Organisation (IMO)'s member audit scheme (VIMSAS). This is a 
significant  improvement,  as  VIMSAS  requires  the  IMO  member  states  to  sign  up  to  all 
relevant maritime conventions. Turkey also adopted a VIMSAS strategy which is reinforced 
by  a  board  set  up  by  Minister's  decision  establishing  a  mechanism  for  monitoring  and 
adoption  of  all  maritime  conventions.  Turkey  took  steps  to  become  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, using VIMSAS as leverage. 

Although  vessel  traffic  monitoring  information  systems  (VTMIS)  for  İzmit  are  already 
operational, the ports of Mersin, İzmir and İskenderun are not expected to be operational until 
2012. The detention rate of Turkish vessels was 4.3% in 2010 compared to 1.78% for the EU 
average in 2010. Turkey is on the white list of the Paris Memorandum of Understanding. 

Ship  sourced  emissions,  maritime  emergency  response,  reception  of  waste  from  ships  and 
handling  of  dangerous  goods  are  areas  that  call  for  closer  scrutiny.  Overall  preparedness  in 
maritime transport is advanced, but Turkey needs to actively continue to follow up on recent 
legislative packages adopted by the EU. 

There are no particular developments to report in the area of combined transport. 

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Some progress can be reported on satellite navigation. Turkey is increasingly involved in the 
EU programmes on Global Navigation Satellite Systems (GNSS). The Ranging and Integrity 
Monitoring  Stations  installed  in  Ankara  in  the  framework  of  the  European  Geostationary 
Navigation  Overlay  System  is  now  operational  and  Turkish  organizations  can  participate  in 
the Euromed GNSS II project.  

'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 Cyprus, Turkey will not be in a position to implement fully the acquis 
relating to this chapter. 

Conclusion 

Except for the railway sector, some progress can be reported in the alignment of the transport 
sector. Alignment in maritime and land transport remain at an advanced level and air transport 
is  following  at  a  slower  pace.  In  the  maritime  sector,  member  audit  scheme  within  the 
International Maritime Organisation (VIMSAS) is expected to create positive results in order 
to  become  a  party  to  international  conventions.  Some  progress  can  be  reported  on  satellite 
navigation. The lack of communications between air traffic control centres in Turkey and the 
Republic  of  Cyprus  continues  to  seriously  compromise  air  safety.  Human  resources  and 
technical  capacity  to  implement  the  acquis  remain  limited  in  many  institutions  and  require 
reinforcement.  The  implementation  capacity  is  limited,  particularly  for  dangerous  goods  in 
land and maritime transport. 

4.15.  Chapter 15: Energy 

Limited  progress  has  been  made  with  regard  to  security  of  supply.  The  parallel  trial 
interconnection  of  the  Turkish  power  grid  with  the  European  Network  of  Transmission 
System Operators for Electricity (ENTSO-E)'s Continental European Synchronous Area was 
initiated  and  entered  its  second  phase,  in  which  non-commercial  energy  exchanges  will  be 
carried out between the Turkish and the Greek and Bulgarian transmission system operators in 
both directions. The Project Support Agreements (PSA), for the Nabucco project, which aim 
at  ensuring  the  necessary  regulatory  framework  and  investment  guarantees  in  transit 
countries,  were  signed  in  June  2011.  In  September  2010  Iraq-Turkey  Crude  Oil  Pipeline 
Agreement  was  extended  for  15  years  with  additional  five  years.  However,  fair  and  non-
discriminatory rules for gas transit have not yet been implemented. At the same time, Turkey 
should  be  encouraged  to  deepen  its  gas  market,  increasing  liquidity  and  contract  flexibility. 
Such a process would lead to the emergence of an 'energy hub', the existence of which would 
achieve  greater  energy  security.  Implementing  measures  for  gas  transit  in  Turkey  for 
Azerbaijan  gas  would  constitute  an  important  step  in  the  opening  of  the  Southern  Gas 
Corridor.  No  development  can  be  reported  concerning  the  Law  on  the  Establishment  of  the 
National Oil Stock Agency and its organisation. 

Concerning the internal energy market, good progress can be reported on electricity. Some 
regulations in the electricity sector were amended in order to streamline switching procedures 
and  minimise  technical  and  commercial  losses.  The  Energy  Market  Regulatory  Authority 
(EMRA) adopted two implementing regulations on the use of small-scale renewable sources 
in  electricity  generation  and  electricity  import  and  export,  which  are  designed  to  promote 
cross-border  trade  and  investments  by  small-scale  consumers.  Regulation  on  tariffs  was 

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amended  to  extend  the  coverage  of  technical  and  commercial  losses  to  all  consumers.  The 
amendment of regulations, in particular on capacity hiring, improved the transparency of the 
electricity network. The threshold for eligible consumers was further reduced to 30,000 kWh 
for  2011,  which  corresponds  to  a  theoretical  market  opening  of  75%.  The  process  for 
privatising  power  generation  facilities  was  initiated.  The  day-ahead  market  implementation 
has  been  set  to  be  fully  in  operation  in  December  2011.  However,  the  privatisation  of 
electricity distribution assets is yet to be completed. The incentive-based pricing mechanism 
is not properly implemented. The electricity market law remains to be amended. 

There is some progress to report in the gas sector. EMRA adopted a regulation on the usage of 
underground gas storages. The eligibility threshold was further reduced to 700,000 metres3 for 
2011. Tendering processes for gas distribution continued. However, a recent tender to transfer 
six billion cubic metres (bcm) of natural gas purchase from the Blue Stream Agreement from 
the  incumbent  gas  utility  BOTAS  to  private  companies  failed  to  attract  any  offers.  With  a 
share of 86%, BOTAS still maintains a near-monopoly position on imports. Deadlines set by 
the Natural Gas Market Law to restructure BOTAS have not been met, while conditions for 
new  market  entrants  are  becoming  less  clear.  No  progress  has  been  made  on  revising  the 
natural gas market law and developing a new gas strategy, which are measures that have been 
planned for several years. 

Good  progress  can  be  reported  in  the  area  of  renewable  energy.  The  law  amending  earlier 
renewable energy legislation was adopted; incentives have been introduced in the form of a 
guaranteed  price  for  electricity  generation  from  renewables,  differentiated  by  type  of 
renewable. Additional incentives are provided if the equipment used in generation facilities is 
domestically produced; compliance of these incentives with trade rules is yet to be confirmed. 
Implementing  regulations  on  the  usage  of  the  solar  energy  and  the  promotion  of  domestic 
equipments  have  been  adopted.  A  regulation  on  the  process  for  dealing  with  multiple 
applications  for  the  same  region  and  the  transformer  station  of  wind  power  generation 
facilities has been adopted with a view to finalising pending applications. By the end of 2010, 
Turkey  was  producing  26,4%  of  its  electricity  from  renewable  energy  sources.  However, 
further efforts are needed to set up a regulatory environment that would foster the increased 
use  of  renewable  energy  sources  in  all  sectors,  i.e.  electricity,  heating  and  cooling  and 
transport.  

Some  progress  can  be  reported  in  the  energy  efficiency  field.  Regulations  on  the  energy 
performance of buildings and on ecodesign requirements for energy-related products entered 
into  force.  Authorisation  for  energy  efficiency  services,  including  public  awareness  efforts, 
has continued. The industrial sector was supported through efficiency-enhancing projects and 
voluntary  agreements.  International  financial  institutions  showed  increasing  interest  in 
financing  energy  efficiency  projects  in  Turkey.  No  progress  can  be  reported  on  the  draft 
energy efficiency strategy with specific targets. Further progress is needed in order to bring 
the  legislation  into  line  with  the  acquis  requirements,  in  particular  on  promoting  high-
efficiency cogeneration. 

Limited  progress  can  be  reported  on  nuclear  energy,  nuclear  safety  and  radiation 
protection.  No  developments  can  be  reported  on  the  adoption  of  a  framework  nuclear  law 
which  is  supposed  to  ensure  a  high  level  of  nuclear  safety  in  line  with  EU  standards. 
Compliance of the existing regulations with the EU acquis still needs to be verified. Turkey 
does  not  participate  in  the  IPA  horizontal  programme  on  nuclear  safety  and  radiation 
protection, which would make an assessment on the level of transposition of the EU acquis 
possible.  Turkey  has  not  acceded  to  the  Joint  Convention  on  the  safety  of  spent  fuel 

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management  and  on  the  safety  of  radioactive  waste  management.  The  law  regarding  the 
nuclear agreement between Turkey and Russia on cooperation in relation to the construction 
and  operation  of  a  nuclear  power  plant  at  the  Akkuyu  site  entered  into  force.  Turkey  and 
Japan  signed  a  memorandum  of  understanding  to  construct  Turkey's  second  nuclear  power 
plant in Sinop, on the Black Sea Coast, although ensuing negotiations have temporarily stalled 
following the nuclear crisis in Japan. 

Conclusion 

Progress in the field of energy has been uneven. While there has been good progress on the 
internal market for electricity and on renewable energy, further efforts are required in order 
for  the  legislation  to  be  fully  compliant  with  the  acquis.  The  transparent  and  cost-based 
pricing  mechanism  for  electricity  remains  to  be  properly  implemented.  A  competitive 
environment  and  legislative  developments  in  the  natural  gas  sector  are  still  lacking.  The 
independence  and  capacity  of  the  regulatory  authority  need  to  be  strengthened  further. 
Measures are needed in particular to ensure the highest possible standards for nuclear safety, 
security,  safeguards  and  non-proliferation.  Developments  on  security  of  supply,  and  energy 
efficiency also require further efforts.  

4.16.  Chapter 16: Taxation  

Limited progress can be reported in the area of indirect taxation. Turkey's value-added tax 
legislation  is  partially  in  line  with  the  acquis.  Further  alignment  is  needed,  particularly 
regarding structure, exemptions, special schemes and the application of reduced rates. 

Some  progress  can  be  reported  with  regard  to  excise  duties.  In  line  with  the  Action  Plan 
adopted  on  18  May  2009,  Turkey  decreased  the  Tobacco  Fund  on  imported  non-processed 
tobacco  by  25%  as  of  1  January  2010.  This  is  a  positive  step  towards  full  abolition  of 
discriminatory practices in the taxation of tobacco. The Tobacco Fund sets a special duty on 
imported  tobacco  and  cigarettes,  which  is  not  applicable  to  domestic  products.  However, 
discrepancies  between  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 a minimum excise duty, whereas specific excise duties are lacking. 

There  is  no  progress  to  report  with  regard  to  the  taxation  of  alcoholic  beverages.  Specific 
duties  levied  on  alcoholic  beverages  are  differentiated  on  the  basis  of  the  type  of  product, 
rather  than  the  alcoholic  content.  The  defined  levels  are  higher  for  categories  of  products 
which  are  primarily  imported  than  for  categories  of  products  which  are  primarily  produced 
domestically.  The  action  plan  adopted  on  18  May  2009  had  set  clear  mutually  accepted 
milestones  with  a  view  to  the  total  elimination  of  discriminatory  taxation.  In  October  2010, 
the excise duty rate on all spirits was increased by 30% across the board. In contradiction with 
the  Action  Plan,  this  increased  the  differentials  in  absolute  figures  between  taxation  of 
imported  compared  to  domestic  spirits.  Turkey  will  be  required  to  comply  with  the 
commitments in the Action Plan. Gradual elimination of discriminatory practices in taxation 
in line with the Action Plan is the key to making further progress in the accession negotiations 
under this chapter. 

Structural discrepancies continue to exist between the Turkish excise duty legislation and the 
acquis. Further efforts are necessary in order to achieve alignment in this regard. Turkey will 
need to introduce a suspension of duty regime for domestic movements and fiscal warehouses 
prior to membership. 

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No progress can be reported in the area of direct taxation.  

Some  progress  can  be  reported  in  the  field  of  administrative  cooperation  and  mutual 
assistance.  The  cabinet  decree  published  on  10  July  2011  merged  the  tax  audit-related 
institutions in the Ministry of Finance under the 'Tax Audit Board'. This merger is a positive 
step  for  ensuring  consistency  in  tax  audit  planning  and  practices.  The  impact  of  this 
restructuring in reducing tax evasion and fraud remains to be seen. 

With regard to operational capacity and computerisation, limited progress can be reported. 
The  public  receivables  law  enacted  on  25  February  2011  introduced  a  restructuring  scheme 
for tax arrears and related fines. While such schemes might increase tax collection in the short 
term and can be useful in resolving disputes, the successive introduction of such schemes may 
have adverse effects on voluntary compliance in the medium term by weakening a sustainable 
tax collection mechanism. 

Conclusion 

in 

taxation  of 

There  has  been  limited  progress  on  legislative  alignment  under  this  chapter,  particularly  in 
eliminating  discriminatory  practices 
tobacco,  despite  remaining 
the 
discrepancies with the acquis. The increases in excise duty on alcoholic beverages contradict 
the Action Plan for bridging the differentials between imported and domestic products. In line 
with the commitments made by Turkey in the context of the opening of the taxation chapter of 
the  accession  negotiations,  Turkey  is  urged  to  take  immediate  action  for  the  gradual 
elimination  of  related  discriminatory  practices  accordingly.  Abolition  of  discriminatory 
practices  in  taxation  is  key  to  making  further  progress  in  the  accession  negotiations  on  this 
chapter. No progress can be reported on direct taxation. Overall preparedness in this chapter is 
moderately advanced. 

4.17.  Chapter 17: Economic and Monetary policy 

Based on a good level of preparedness, some progress can be reported on monetary policy. 
The  Council  of  Ministers  reduced  withholding  tax  rates  on  private  sector  debt  instruments. 
The Central Bank achieved its inflation target in 2010, as consumer price inflation remained 
below 6.5%. With a view to discouraging short-term portfolio inflows, while slowing down 
credit  growth,  the  Central  Bank  cut  policy  interest  rates  and  increased  reserve  requirements 
for banks. To increase foreign currency liquidity in the market, the Central Bank stopped its 
foreign exchange purchase auctions and started sales auctions. The Central Bank's statements 
began  to  focus  not  only  on  price  stability,  but  also  on  financial  stability.  The  level  of 
legislative  alignment  remains  advanced,  albeit  incomplete  in  this  area.  The  Central  Bank 
decides  on  the  inflation  target  jointly  with  the  government.  The  statute  of  the  Central  Bank 
does  not  fully  ensure  its  independence.  Provisions  in  the  implementing  regulation  on  the 
investor  protection  fund  and  the  discriminatory  treatment  of  public  and  private  sector  debt 
instruments  with  respect  to  withholding  tax  rates  are  not  in  line  with  the  prohibition  of 
privileged access by the public sector to financial institutions. The Central Bank law prohibits 
the financing of government deficits through Central Bank credits. 

There  has  been  some  progress  on  economic  policy.  The  authorities  continued  to  work  on 
improving  economic  relations  with  countries  in  the  region  through  trade  facilitation,  visa 
exemption and investment and cooperation agreements. Privatisation activities continued and 
the  tenders  for  electricity  distribution  assets  were  completed.  The  2011  budget  envisages  a 
gradual reduction in the deficit, particularly through increased revenues. Turkey submitted the 

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2011  Pre-Accession  Economic  Programme  (PEP)  in  February  2011.  It  presents  a  largely 
consistent  medium-term  macroeconomic  and  fiscal  framework  and  demonstrates  a 
considerable degree of familiarity with the technical tools and analytical requirements of this 
exercise.  At  the  same  time,  a  significant  updating  of  the  PEP  to  take  account  of  recent 
developments and further analysis in some key areas would have enhanced its role in guiding 
economic  policy.  The  overall  level  of  preparedness  is  advanced  in  the  field  of  economic 
policy. 

Conclusion 

There has been some  progress on  economic and monetary policy.  The Council  of  Ministers 
reduced  withholding  taxes  on  private  debt  instruments.  The  Central  Bank  adopted  a  new 
policy  mix  to  ensure  financial  stability,  by  reducing  policy  rates  while  increasing  reserve 
requirements for the banking sector. Improved relations with the countries in the region were 
formed.  Turkey's  alignment  with  the  acquis  on  economic  and  monetary  policy  is  not 
complete,  particularly  with  respect  to  the  full  independence  of  the  Central  Bank  and  the 
prohibition of privileged access of the public sector to financial institutions. The overall level 
of preparedness is advanced. 

4.18.  Chapter 18: Statistics 

Some progress can be reported on statistical infrastructure. The Turkish national statistical 
institute (TurkStat) revised the implementing regulation on data security and confidentiality, 
to  incorporate  the  passive  confidentiality  principle  for  foreign  trade  statistics.  TurkStat 
published  the  third  revision  of  the  Official  Statistics  Programme,  updating  the  roles  and 
responsibilities  of  statistical  data  providers  in  the  light  of  changing  methodologies, 
classifications and data dissemination practices. Preparations in this area are well advanced. 

There has been some progress on classifications and registers. TurkStat and the Ministry of 
Agriculture  and  Rural  Affairs  (MARA)  continued  to  work  on  establishing  a  statistical  farm 
register,  completing  a  pilot  study  for  that  purpose.  Turkey  has  still  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.  TurkStat  further  improved  short-term 
business statistics, by starting to publish new short term indicators according to NACE Rev. 2 
classification  (Statistical  classification  of  economic  activities).  Foreign  controlled  enterprise 
statistics  were  published  for  the  first  time  for  the  years  2006  and  2007.  TurkStat  started  to 
publish statistics on meat, milk and poultry on a monthly basis. A new survey was launched 
for  non-formal  education  activities  and  the  results  for  2009  were  published.  The  authorities 
published 2010 population data according to the address based population registration system. 
Preparations for the Population Census in October-November 2011 are on track. 

Turkey still needs to submit key national accounts indicators together with a documentation of 
the methodology used, which is a key element for the accession negotiations in this chapter. 
Having made a step forward by producing the draft document, TurkStat needs to submit the 
more detailed GNI Inventory. Preparations in this area are advanced. 

Conclusion 

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Good progress has been made in the area of statistics, particularly in sector statistics. Further 
progress is needed, particularly in national accounts and in agriculture statistics. There is an 
advanced overall level of alignment with the acquis. 

4.19.  Chapter 19: Social policy and employment  

There  has  been  no  progress  regarding  the  transposition  of  the  acquis  on  labour  law.  The 
prevalence  of  undeclared  work,  particularly  in  small  enterprises  and  in  agriculture,  is 
impeding  the  effective  application  of  the  labour  law.  Legislation  related  to  temporary  work 
agencies,  which  had  been  vetoed  by  the  President,  has  still  not  been  adopted.  Turkey  has 
announced that it is to create 1450 new posts in the Ministry of Labour and Social Security, 
including labour experts, health and safety experts and labour inspectors. However, inspection 
capacity  for  enforcing  the  labour  law  still  remains  insufficient,  with  384  labour  inspectors 
currently dealing with social issues under the labour law. Efforts and administrative capacity 
also need to be increased in order to tackle child labour. 

There has been limited progress in the area of health and safety at work. In November 2010, 
Turkey  adopted  legislation  on  occupational  health  and  safety  services,  including  the 
establishment of workplace health and safety units and the responsibilities and qualifications 
of occupational physicians. The new 'Law on Obligations' addresses the problem of mobbing 
at workplaces. The Law is accompanied by a circular from the Office of the Prime Minister, 
under  which  an  inter-institutional  council  would  be  established  to  combat  mobbing.  The 
relevant  public  institutions,  including  the  Labour  Inspectorate,  together  with  their  regional 
units, continued to receive expertise and training to implement the transposed acquis and to 
improve  the  protection  of  health  and  safety  at  work.  The  private  sector  also  benefited  from 
these  actions.  Legislative  and  judicial  steps  have  been  taken  to  address  the  condition  of 
workers with the fatal disease of silicosis. However, the Framework Directive on health and 
safety  at  work  has  not  yet  been  transposed  into  national  law.  Enforcement  of  legislation 
remains  a  challenge,  particularly  in  SMEs  where  numerous  fatal  occupational  accidents 
occurred, attracting media attention and public criticism of the overall system. Administrative 
capacity  of  the  Labour  Inspectorate  improved  as  a  result  of  recruiting  additional  staff. 
According  to  official  statistics,  there  were  64,316  occupational  accidents  in  2009,  which  is 
12% down on the 2008 figures. However, the numbers would be much higher if the informal 
sector  were  included.  Furthermore,  there  is  a  need  to  step  up  reporting,  data  collection, 
diagnosis of occupational diseases and sharing of good practice between all stakeholders. 

There  has  been  limited  progress  in  the  area  of  social  dialogue.  The  ban  on  the  contractual 
personnel  of  state  economic  enterprises  from  establishing  trade  unions  or  engaging  in  trade 
union activities has been lifted. However, the ban on these personnel engaging in any kind of 
strike  action  remains  in  place.  A  Prime  Ministry  circular  allows  the  participation  of  civil 
servants'  trade  unions  on  the  boards  dealing  with  the  social  rights  of  public  employees  and 
disciplinary issues. Constitutional amendments regarding labour rights have not been put into 
effect  as  the  necessary  changes  in  the  relevant  trade  union  legislation  have  not  been  made. 
Social partners have failed to agree on key issues such as the right to organise at workplace 
level and thresholds for collective bargaining. The Economic and Social Council did not meet 
during the reporting period. The capacity of the social partners needs to be improved. The low 
coverage of collective bargaining has not improved. 

There  has  been  some  progress  on  employment  policy.  Labour  market  and  employment 
figures  have  improved,  although  many  of  them  are  still  well  below  the  EU  average.  Youth 

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unemployment remains very high. Inactivity rates, particularly for women, remain a cause for 
concern (see also Economic criteria). 

Upon  recruitment  of  unemployed  persons,  the  employers'  share  of  these  workers'  social 
security premiums will be subsidised by the state until the end of 2015. The application of the 
short  term  work  fund  was  extended.  Further  resources  have  been  allocated  from  the 
unemployment  fund  for  active  labour  market  measures.  However,  effective  planning, 
implementation,  monitoring  and  evaluation  of  these  measures  remain  a  challenge.  Part  time 
workers,  certain  occupational  groups  and  those  who  work  less  than  ten  days  a  month  have 
been granted the right to benefit from unemployment insurance. However, overall, the number 
of  recipients  of  unemployment  insurance  decreased  compared  to  last  year.  Turkey's  public 
employment  service  (ISKUR)  is  expanding  its  operations  and  has  recruited  additional  staff, 
although  they  are  still  below  the  numbers  needed,  particularly  at  local  level.  Demand  by 
employers  for  ISKUR  services,  as  well  as  placement  rates,  are  on  the  increase.  However, 
further efforts are needed in order to implement measures targeting women and young people. 
The public debate with regard to labour market flexicurity has intensified. 

The  problem  of  undeclared  work  persists.  The  results  of  the  Action  Plan  for  Combating 
Informal Economy (2008-2010) were not announced. 2,750 new social security auditor posts 
have  been  created.  However,  inter-institutional  cooperation  and  data  sharing,  especially 
between the tax and social security authorities, need to be stepped up. Social partners need to 
play a more active role in the fight against undeclared work. Turkey's National Employment 
Strategy  has  not  been  adopted.  The  Turkish  labour  market  remains  deeply  segmented  with 
regard  to  working  conditions  and  labour  relations.  There  is  no  progress  as  regards  the 
finalisation of the Joint Assessment on Employment Policy Priorities (JAP). 

Progress can be reported as regards European Social Fund (ESF). The Ministry of Labour 
and Social Security, which is the operating structure  responsible  for  the  management  of  the 
Human Resources Development Operational Programme, recruited additional 24 members of 
staff. Capacity building efforts for both existing and new staff continue. However, using the 
available resources to establish an operation pipeline for future funding remains a challenge, 
which  increases  the  risk  of  non-absorption  of  funds.  The  monitoring  and  evaluation  of 
programmes  need  to  be  strengthened.  The  achievement  of  programme  indicators,  in 
particular, needs to be closely followed up. 

There  has  been  limited  progress  in  the  field  of  social  inclusion.  A  new  Ministry  of  Family 
and  Social  Policies  has  been  established,  merging  a  number  of  institutions  responsible  for 
social  protection,  social  assistance,  women,  children,  the  disabled  and  family  issues,  in  an 
effort  to  overcome  the  institutional  fragmentation  in  this  field.  The  free  social  assistance 
helpline has increased accessibility and speed of services provided. The 2011-2013 Strategy 
and Action Plan on Care Services, which provides for the improvement of home based care 
services  for  children  and  people  with  disabilities,  have  been  adopted.  The  number  of  social 
services  units  run  by  the  Social  Services  and  Child  Protection  Agency  (SHCEK)  is  on  the 
increase. However, conditions in certain institutional care centres remain a source for concern. 
Progress has been made in the 'family doctor system': Turkey started to cover health expenses 
of  children  of  low-income  families  and  of  those  not  covered  as  dependents  by  the  social 
security system. The lifting of budget-related limitations on staff in order to employ persons 

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with disabilities in public institutions had some positive impact45, although further efforts are 
needed to increase employability in both public and private sector. The action plan aimed at 
establishing links between social services and public employment services has had a limited 
impact so far. The percentage of the population at risk of poverty is very high, especially in 
rural areas and among children. The high poverty rate among those in employment continues 
to  be  a  cause  for  concern.  No  progress  has  been  made  towards  finalising  the  Joint  Social 
Protection and Social Inclusion Memorandum (JIM). Preparations in this area are at an early 
stage. 

There has been some progress in the field of social protection. The number of people actively 
insured rose by more than 1.6 million between January 2010 and January 2011, widening the 
coverage  of  the  social  security  system  to  84%.  Health  insurance  coverage  has  also  been 
extended. However, the pension system continues to report large deficits, and further efforts 
to increase registered employment rates are needed in order to ensure financial sustainability. 
The situation of seasonal migrant agriculture workers continues to be a source for concern in 
several provinces, despite certain local efforts that are having a relatively positive impact. 

There  has  been  no  progress  in  the  field  of  anti-discrimination.  A  comprehensive  anti-
discrimination law has not been adopted yet. 

Some progress can be reported in the field of equal opportunities. The 'package law' adopted 
in  2011  incorporates  several  amendments  concerning  parental  rights,  particularly  for  civil 
servants. However, as a result of these amendments, while the parental rights of civil servants 
have  improved,  the  gap  between  workers  and  civil  servants  has  widened.  There  are 
shortcomings as regards the transposition of the gender equality directives. Turkey has not yet 
established  a  proper  equality  board  as  foreseen  by  the  directive  on  equal  opportunities  and 
equal  treatment  of  men  and  women  in  matters  of  employment  and  occupation.  Women's 
employment  and  labour  force  participation  rates  increased  slightly,  standing  at  26.6%  and 
29.8% respectively. However, they are far below EU averages. The Parliamentary Committee 
on  Equal  Opportunities  for  Men  and  Women  issued  several  reports  drawing  attention  to 
women's  issues,  including  bullying  at  work,  violence  against  women  and  early  marriages. 
More  efforts  are  needed  in  order  to  implement  the  Prime  Ministry  circular  on  increasing 
women's  employment.  The  representation  of  women  in  politics,  as  well  as  the  number  of 
senior positions held by women in public administration, the government, political parties and 
trade  unions,  remain  low.  Occupational  segregation  between  men  and  women  needs  to  be 
addressed. Further efforts are needed in order to increase female activity rates, in particular to 
combat the stereotypes that hinder women's employment and to improve access to affordable 
childcare facilities. 

Conclusion 

There has been limited progress in the field of social policy and employment. Administrative 
capacity for effective transposition and implementation of the acquis showed some signs of 
improvement.  However,  alignment  with  the  acquis  is  still  not  very  far  advanced. 
Constitutional amendments regarding trade union rights have not resulted in further changes 
of the legislation aimed at granting full trade union rights in line with EU standards and ILO 

45 

Between January 2010 and May 2011, the number of public servants with disabilities rose from 14,325 
to  19,915.  However,  the  target  was  to  reach  48,549,  amounting  to  3%of  the  total  number  of  public 
servants.  

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conventions. Further efforts are needed in order to reduce large-scale undeclared work and to 
increase female employment rates. The scope of the labour law remains limited. Enforcement 
of health and safety at work legislation needs to be stepped up. The risk of poverty remains 
very  high,  especially  for  the  rural  population  and  for  children.  Legislation  establishing  an 
equality body has not yet been adopted. 

4.20.  Chapter 20: Enterprise and industrial policy 

Further  progress  was  made  with  regard  to  enterprise  and  industrial  policy  principles. 
Turkey  adopted  a  revised  Industrial  Strategy  Document  and  an  Action  Plan  covering  the 
period 2011-2014, which is a key aspect of the accession negotiations in this chapter. 

The Coordination Council for the Improvement of Investment Environment (YOIKK) issued 
an assessment on the 2010 Action Plan and adopted an action plan for 2011. The assessment 
demonstrated that only 45% of actions scheduled for 2010 could be  completed. Reportedly, 
one of the worst performing sectors for the improvement of business environment is the sector 
of  intellectual  and  industrial  property  rights.  Other  important  developments  for  the 
improvement  of  business  environment  were  the  adoption  of  the  new  Turkish  Commercial 
Code.  Turkey  adopted  a  new  SME  Strategy  and  Action  Plan  for  2011-2013.  Turkey  started 
the operational process of assessment for the Small Business Act together with the Western 
Balkans.  In June  2011 a Prime  Ministry circular to all public  authorities was issued, asking 
them  to  take  into  account  the  Small  Business  Act  (SBA)  principles  into  their  daily  work 
where relevant. This has created a more binding environment for the implementation of SBA 
in Turkey. 

Some progress was made with respect to enterprise and industrial policy instruments. The 
law on technology development zones was amended and has been brought into line with the 
general framework of R&D support in Turkey. The law offers various means of support, from 
allocation of state land to tax incentives and exemptions by the end of 2023. The Ministry of 
Science,  Industry  and  Technology  extended  R&D  Centre  certificates  to  87  companies  in 
Turkey.  Financial  reporting  standards  for  SMEs  were  adopted.  A  support  scheme  for 
participation in international tourism fairs and for general tourism promotion and marketing 
was  launched.  The  general  restructuring  scheme  for  public  receivables  also  includes  the 
receivables of the Small and Medium-sized Industry Development Organisation (KOSGEB). 
There was considerable interest in KOSGEB loans amounting to a total of € 933 million and 
reaching  over  50,000  SMEs.  A  new  support  programme  entitled  Markets  for  Developing 
Enterprises SME Support Scheme has been established for SMEs to join the stock exchange 
market.  Turkey  continued  to  participate  in  the  EU  Entrepreneurship  and  Innovation 
Programme, in particular as an active member of the Enterprise Europe Network. 

Some  progress  can  be  noted  in  completing  alignment  with  Directive  2000/35  on  combating 
late  payment  in  commercial  transactions.  According  to  the  recently  adopted  Turkish 
Commercial Code, interest on late payments becomes applicable after 30 days and payment 
cannot exceed 60 days if the term is fixed in the contract and if the creditor is an SME. If the 
level  of  interest  on  late  payments  is  not  already  determined  in  the  contract  or  if  it  is 
determined at an abnormally low level, the rate would be set at least 8 points higher than the 
rate determined for default interest on commercial transactions. 

Further  progress  has  been  made  in  sector  policies.  The  Ministry  of  Science,  Industry  and 
Technology adopted a strategy on the automotive sector, which focuses on the development 
of the R&D infrastructure and design, manufacturing and branding capacity of the companies, 

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the  expansion  in  domestic  and  foreign  markets,  and  the  improvement  of  legal  and 
administrative arrangements and of physical infrastructure. The same ministry also adopted a 
strategy on the machinery sector. 

Conclusion 

Turkey has made further progress in this chapter in relation to the adoption of an Industrial 
Strategy and Action Plan covering the period 2011-2014, wider availability of enterprise and 
industrial policy instruments, adoption of sectoral strategies and alignment on combating late 
payment in commercial transactions. Overall, there is a sufficient level of alignment with the 
acquis in the field of enterprise and industrial policy. 

4.21.  Chapter 21: Trans European Networks 

There has been good progress in the area of transport networks. The Ministry of Transport 
submitted to the European Commission a document that elaborates the future Trans-European 
Transport  Network  (TEN-T)  in  Turkey.  Technical  consultations  between  Turkey  and  the 
European  Commission  were  finalised  on  the  basis  of  this  document.  It  also  identifies  the 
priority projects of European interest on the future TEN-T Network in Turkey, which is a key 
element  for  the  accession  negotiations  in  this  chapter.  Effective  planning  of  investments  on 
the future TEN-T and development of an integrated network calls for a transport master plan 
and effective use of information systems. 

Some progress can be reported in the area of energy networks. The signature of the Project 
Support Agreements (PSA) for the Nabucco project took place on 8 June 2011. 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 have continued in order to bring the Interconnector Turkey-Greece-Italy (ITGI) 
natural gas pipeline project into full operation. 

As regards electricity networks, links are in place with Bulgaria, Syria, Iraq, Iran, Azerbaijan 
and Georgia. The parallel trial interconnection of the Turkish power grid with the European 
Network  of  Transmission  System  Operators  for  Electricity  (ENTSO-E)'s  Continental 
European Synchronous Area has already entered its second phase of non-commercial energy 
exchanges. Turkey is giving priority to a number of projects that contribute to the completion 
of  priority  links  4  (Greece-Balkan  countries  ENTSO-E  system)  and  9  (Mediterranean 
electricity ring. 

Conclusion 

Turkey  has  made  progress  under  this  chapter.  In  particular,  Turkey  has  facilitated  technical 
discussions under the Trans-European Network for Transport and reached an advanced stage 
in  the  negotiations.  However,  further  efforts  are  needed  in  order  to  achieve  a  network 
perspective  supported  by  complementary  priority  projects  and  reliable  transport  data.  Some 
progress can be reported on energy networks. 

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

No progress was made with regard to the legislative framework. A draft Law on Instrument 
for  Pre-Accession  Assistance  (IPA),  which  aims  to  further  strengthen  the  institutional 
capacity  of  the  IPA  institutions  by  amending  the  legislation  on  the  establishment  and 
organisation  of  the  Operating  Structures  (OSs)  for  the  IPA  programmes,  has  not  yet  been 

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adopted. Further horizontal legislation will have to be developed and aligned with the acquis 
in order to fully prepare Turkey to manage the Structural Funds. 

Some  progress  was  made  on  the  institutional  framework.  The  establishment  of  the  High 
Council of Regional Development and the Regional Development Committee (RDC) by the 
State  Planning  Organisation  –  which  now  has  become  the  Ministry  of  Development  -  will 
ensure  the  coordination  of  regional  development  policies  among  central  institutions  and  the 
local  authorities.  The  Regional  Development  Committee  is  expected  to  harmonize  the 
planning,  implementation  and  monitoring  of  sectoral,  thematic  and  regional  policies  at 
national level, to better link regional plans to strategies at the national level and to steer the 
National Strategy for Regional Development (NSRD), once it is finalised. Secretaries-General 
have been appointed to all 26 Development Agencies (DAs) and substantial staff numbers are 
employed in them. The regional plans were prepared in 24 of the 26 NUTS II regions under 
the coordination of DAs. Further progress has also been made towards the accreditation of all 
Operating Structures in line Ministries to manage IPA components III and IV. 

Some  progress  was  made  as  regards  administrative  capacity.  Progress  on  the  preparations 
for taking over procurement functions and contracting from the Central Finance and Contact 
Unit (CFCU) has been slower than anticipated for Transport, Regional Competitiveness and 
Human  Resources  Development  Operating  Structures  under  IPA  components  III  and  IV. 
Furthermore,  the  recent  restructuring  of  line  Ministries  may  further  delay  the  accreditation 
process for the Operating Structures in the area of Transport and Regional Competitiveness. 
Progress has been comparatively faster for the Operating Structure for Environment and, on 
20  January  2011,  the  European  Commission  adopted  the  amending  decision  conferring 
management  powers  relating  to  this  programme.  This  decision  confers  the  tendering, 
contracting  and  financial  management  functions  relating  to  the  Environment  programme  on 
the  IPA  Implementation  and  Coordination  Centre  of  the  Ministry  of  Environment  and 
Forestry. 

The  Ministry  for  EU  Affairs  –  formerly  the  Secretariat  General  for  EU  Affairs  (EUSG)  - 
which  functions  as  a  coordination  body  for  IPA,  has  substantially  increased  its  staff  and 
capacity  for  the  monitoring  of  financial  assistance  under  IPA  provided  to  Turkey.  Training 
and  the  provision  of  technical  assistance  to  strengthen  all  institutions  involved  in  the 
implementation  of  IPA  has  continued.  The  National  Authorising  Officer's  (NAO)  support 
department  has  been  reorganised,  and  new  staff  have  been  hired.  However,  the  key 
implementation  risk  for  all  IPA  programmes  lies  in  the  need  for  more  efficient  cooperation 
between the  implementation structures,  in particular the Central Finance and Contracts Unit 
(CFCU) and the ministries designated as Operating Structures for IPA components III and IV, 
for  further  strengthening  the  institutional  capacity  of  the  institutions  involved  and  for  an 
acceleration  of  programme  and  project  implementation,  including  faster  tendering  and 
contracting. 

With  regard  to  programming  and  programme  implementation,  good  progress  was  made  in 
the identification, preparation and appraisal of projects under IPA III. Some progress in this 
respect has been made under component IV. However, progress with the preparation of tender 
documents,  publication  of  tenders  and  contracting  is  still  not  sufficient.  Delays  in  tendering 
create a serious risk that for 2011 it will not be possible to absorb all of the funds allocated to 
the  programmes.  All  four  Operational  Programmes  for  IPA  components  III  and  IV  were 
amended in 2010. 

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Some progress was made in the area of monitoring and evaluation, although monitoring of 
programmes under IPA components III and IV is still in the early stages due to the fact that 
implementation is currently limited. The Integrated Management Information System (IMIS) 
is  operational.  Further  development  of  IMIS,  especially  for  tendering  and  financial 
monitoring,  is  ongoing.  The  Sectoral  Monitoring  Committees  of  IPA  II,  III  and  IV  have 
continued to meet as scheduled. Working groups have been set up under the Ministry of EU 
Affairs that helped to further improve the monitoring systems. 

In  the  area  of  financial  management  and  control,  some  progress  was  made.  Turkey  has 
prepared a comprehensive action plan to address all remaining weaknesses in the management 
and control systems. The action plans now needs to be fully implemented in order to eliminate 
the weaknesses. 

Conclusion 

Some progress was made in the field of regional policy. However, the delays with tendering 
and  in  the  timetable  for  the  readiness  of  the  Operating  Structures  for  Transport,  Regional 
Competitiveness and Human Resources Management to take over financial management and 
control responsibilities from the CFCU under IPA components III and IV create serious risks 
that some of the funds may be decommitted in 2011. Although the institutional framework for 
implementation  of  IPA  components  III  and  IV  has  been  finalised  and  the  administrative 
capacity  is  improved,  there  is  still  a  need  for  further  strengthening  of  the  administrative 
capacity, and improvement in coordination between the IPA institutions in order to accelerate 
implementation. 

4.23.  Chapter 23: Judiciary and fundamental rights (see also Political criteria) 

There has been progress in the reform of the judiciary, notably with efforts to implement the 
2010 constitutional amendments. 

As regards independence, a Law on the High Council of Judges and Prosecutors was adopted 
in  December  2010.  This  law,  together  with  the  constitutional  amendments  approved  by 
referendum on 12 September 2010, established a new composition of the High Council46 that 
is  more  pluralistic  and  representative  of  the  judiciary  as  a  whole.  Ministerial  influence  has 
been reduced. The Inspection Board, previously under the Ministry of Justice, has now been 
transferred  to  the  High  Council.  Concerning  effective  remedies,  appeals  to  judicial  bodies 
against decisions concerning dismissal from the profession are now permitted. 

However,  as  regards  elections  of  members  of  the  High  Council,  the  system  imposed  by  the 
Constitutional Court leaves no room for election of minority candidates, because candidates 
who are elected by the majority of the voters could take all the seats. Nomination of the four 
non-judicial  members  of  the  High  Council  is  left  to  the  discretion  of  the  President  of  the 
Republic,  whereas  the  Grand  National  Assembly is  not  involved.  The  current  provisions  do 
not ensure permanent representation of members of the Bar in the High Council. The Minister 
can  veto  the  launching  of  disciplinary  investigations  against  judges  and  prosecutors  by  the 
High Council.  

46 

The legislation increases the number of full members of the High Council 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 courts, the Justice Academy, law faculties and lawyers. 

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With regard to impartiality, a Law on the Constitutional Court was adopted in March 2011. 
This  law,  together  with  the  constitutional  amendments  approved  by  referendum  on 
12 September  2010,  enlarged  the  normal  membership  of  the  Court.  This  has  reduced  the 
relative  weight  of  high  courts'  representatives  and  made  the  Constitutional  Court  more 
representative of the legal community and society at large. 

The powers of the Constitutional Court have been considerably extended by introducing the 
individual  application  procedure.  Anyone  who  claims  that  any  of  his  or  her  fundamental 
rights and freedoms guaranteed by the Constitution has been violated by the public authorities 
can  apply  to  the  Constitutional  Court,  provided  he  or  she  has  exhausted  all  ordinary  legal 
remedies. 

However,  the  Constitutional  Court  is  insufficiently  representative  of  the  Turkish  legal 
community  as  a  whole  and  still  over-dominated  by  the  high  courts.  The  influence  of  the 
Grand National Assembly over the composition of the Constitutional Court is also inadequate, 
in  terms  of  both  the  number  of  members  it  elects  and  the  choice  of  eligible  candidates.  As 
regards elections of members of the High Council, the system imposed by the Constitutional 
Court itself leaves no room for election of minority candidates, because candidates who are 
elected by the majority of the voters could take all the seats. 

Prosecutors do not have their offices in parts of courthouses separate from that occupied by 
the judges. They are not required to enter or leave the courtroom by a different door than the 
one used by judges. Finally, they do not sit in courtrooms on the same level as lawyers. This 
continues to cloud the perception of the impartiality of judges. 

With regard to efficiency, the Laws on the Court of Cassation and the Council of State were 
amended  in  order  to  tackle  the  increasing  backlog  of  cases.  More  chambers  have  been 
established,  working  methods  modified  and  a  large  number  of  judges  and  prosecutors 
appointed.  Legislation  was  adopted  in  March  2011  to  reduce  the  workload  of  first-instance 
courts. 

However,  neither  an  overall  common  strategic  framework  nor  reliable  indicators  and 
benchmarks have been established by the Ministry of Justice and the High Council for Judges 
and Prosecutors to assess the performance of courts and of the judicial system as a whole. The 
Ministry  and  the  High  Council  have  yet  to  develop  benchmarks  to  monitor  and  assess  the 
duration  of  court  proceedings  and  improve  the  efficiency  and  effectiveness  of  the  judicial 
system, in order to address the backlog of pending cases and, in particular, the large backlog 
of pending serious criminal cases. 

The current fragmentation of the Turkish courts, which each have a separate registry and are 
not connected with each other even when they are located in the same courthouse, prevents 
efficient use of available resources. The regional courts of appeal have not been established 
yet. By law, they should have been in operation by June 2007. The number of vacancies for 
judges and prosecutors equals roughly a third of the current judicial staff. 

Pre-trial detention is not limited to circumstances where it is strictly necessary in the public 
interest  and  is  not  sufficiently  justified.  In  some  terror-related  cases,  defendants  and  their 
lawyers  have  not  been  permitted  access  to  incriminating  evidence  early  in  the  proceedings. 
Frequent  use  of  arrest  instead  of  judicial  supervision,  leaks  of  information,  evidence  or 
statements, limited access to files, failure to give detailed grounds for detention decisions and 

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revision  of  such  decisions  raised  concerns.  No  authoritative  information  has  been  received 
from either the prosecution offices or the courts on all these issues of wide public interest. 

There  is  a  need  to  improve  the  work  of  the  police  and  the  gendarmerie  together  with  the 
working  relationship  between  the  police,  gendarmerie  and  judiciary  in  order  to  address 
concerns raised during investigations in some high-profile cases. A Regulation on the judicial 
police,  adopted  jointly  by  the  Ministries  of  the  Interior  and  Justice  in  2005,  has  yet  to  be 
implemented.  As  a  result,  prosecutors  rely  on  judicial  police  units  operating  under  the 
hierarchical control of the Ministry of the Interior. 

A  large  number  of  measures  in  the  judicial  reform  strategy  adopted  by  the  government  in 
August  2009  have  been  implemented  by  the  constitutional  amendments  and  ensuing 
legislation.  There  is  a  need  to  review  the  existing  strategy  in  a  transparent  and  inclusive 
fashion, so that  the  revised strategy  will be owned by the Turkish legal community  and  the 
wider public. 

Limited progress can be reported on anti-corruption. 

In  line  with  the  2010-2014  Strategy  and  Action  Plan47,  an  Executive  Committee  for 
Increasing Transparency and Fighting Corruption48 has coordinated working groups preparing 
proposals on corruption-related issues. The Committee of Ministers on anti-corruption policy 
approved all the proposals. Turkey has implemented 19 of the 21 recommendations made in 
the 2005 evaluation reports by the Group of States against Corruption (GRECO). The Law on 
the  Turkish  Court  of  Accounts  (TCA)  adopted  in  December  2010  should  significantly 
strengthen the transparency and accountability of public administration. 

However, there was no increase in the strength or independence of institutions involved in the 
fight  against  corruption,  which  are  not  sufficiently  staffed.  Immunities  of  Members  of 
Parliament or of senior public officials in corruption-related cases have yet to be limited and 
objective  criteria  established  setting  the  conditions  under  which  their  immunity  could  be 
lifted. Two major sets of GRECO recommendations on "Incrimination" and "Transparency of 
Party  Funding"  remain  to  be  implemented.  There  has  been  no  progress  concerning  the 
transparency  of  financing  political  parties.  Auditing  of  political  parties  remains  weak  and 
there  is  no  legal  framework  for  auditing  election  campaigns  or  the  financing  of  individual 
candidates. No steps have been taken to build up a track record of investigations, indictments 
or convictions related to corruption cases. 

As regards fundamental rights, there has been progress in some areas, whereas in others a 
number of concerns were raised, in particular as regards freedom of expression. 

Human rights institutions in line with the UN Paris principles have yet to be established. The 
draft  Law  establishing  the  Turkish  National  Human  Rights  Institution  (NHRI)  submitted  to 
parliament  in  February  2010  has  not  yet  been  revised  in  line  with  these  principles.  This  is 

47 

48 

The government adopted a 2010-2014 strategy for enhancing transparency and strengthening the fight 
against corruption in February 2010.  
The  Executive  Committee  for  Increasing  Transparency  and  Fighting  Corruption  is  made  up  of 
representatives  of  public  institutions,  trade  unions  and  the  Turkish  Union  of  Chambers  and  Stock 
Exchanges  (TOBB).  Its  task  is  to form  further  anti-corruption  strategies  and  monitor implementation. 
The Prime Ministerial Inspection Board has been appointed with the task of providing technical support 
and secretariat services to the Executive Committee.  

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relevant in particular to the independence and functional autonomy of this new institution. It 
is  important  to  involve  civil  society  organisations  in  this  process.  As  regards  prohibition  of 
torture and inhumane or degrading treatment or punishment, the ratification of the OPCAT is 
a  significant  step.  The  positive  trend  on  prevention  of  torture  and  ill-treatment  continued. 
However,  disproportionate  use  of  force  by  law  enforcement  officials  continued  to  be  a 
concern, particularly outside official places of detention. 

The growth of the prison population is leading to serious overcrowding, which is hampering 
attempts  to  improve  detention  conditions.  A  complete  overhaul  of  the  complaints  system  in 
prisons  is  needed.  An  urgent  review  of  the  system  for  dealing  with  juveniles  is  needed  to 
minimise  the  number  in  prison  and  the  time  they  spend  there  and  make  sure  that  detention 
conditions guarantee the rights of the child. 

With  respect  to  access  to  justice,  the  legal  aid  provided  is  of  inadequate  scope  and  quality. 
Budgetary provisions are inadequate. There is no effective monitoring mechanism that would 
remedy long-standing problems. 

Regarding  freedom  of  expression,  open  debate,  including  on  issues  perceived  as  sensitive, 
continued. However, in practice, freedom of expression is undermined by the high number of 
legal  cases  and  investigations  against  journalists,  writers,  academics  and  human  rights 
defenders  and  undue  pressure  on  the  media,  which  raises  serious  concerns.  The  present 
legislation does not sufficiently guarantee freedom of expression in line with the ECHR and 
the  case  law  of  ECtHR,  and  permits  restrictive  interpretation  by  the  judiciary.  Frequent 
website  bans  are  another  cause  for  serious  concern.  Turkey's  legal  and  judicial  practices, 
legislation, criminal procedures and political responses are obstacles to the free exchange of 
information and ideas. 

As  regards  freedom  of  assembly  and  freedom  of  association,  including  the  right  to  form 
political  parties  and  establish  trade  unions,  there  has  been  progress  on  the  ground.  Turkey's 
legislation  on  freedom  of  association  is  broadly  in  line  with  EU  standards.  However, 
demonstrations in the south-east of the country and in other provinces related to the Kurdish 
issue,  students'  rights,  the  activities  of  the  higher  education  supervisory  board  (YÖK)  and 
trade union rights were marred by disproportionate use of force. Disproportionate controls and 
restrictive interpretation of legislation on associations remain. There were no developments as 
regards amendment of the legislation on the closure of political parties. Restrictive provisions 
in the current legal framework on trade unions, which are not in line with EU standards and 
ILO Conventions, remain. 

There has been limited progress on freedom of thought, conscience and religion. Freedom of 
worship continues to be generally respected. The dialogue with the Alevis and with the non-
Muslim religious communities continued. However, members of minority religions continued 
to be subject to threats from 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. 

With  regard  to  women's  rights  and  gender  equality,  protecting  women's  rights,  promoting 
gender  equality  and  combating  violence  against  women  remain  major  challenges.  The  legal 
framework  guaranteeing  women's  rights  and  gender  equality  is  broadly  in  place.  However, 
further  substantial  efforts  are  needed  to  turn  the  legal  framework  into  political,  social  and 
economic  reality.  Legislation  needs  to  be  implemented  consistently  across  the  country. 
Honour  killings,  early  and  forced  marriages  and  domestic  violence  against  women  remain 

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serious  problems.  Further  training  and  awareness-raising  on  women's  rights  and  gender 
equality are needed, particularly for the police. 

As  regards children's  rights,  efforts  need  to  be  stepped  up  in  all  areas,  including  education, 
combating  child  labour,  health,  administrative  capacity  and  coordination.  In  general,  more 
preventive  and  rehabilitation  measures  need  to  be  taken  for  juveniles.  Moreover,  there  is  a 
need  to  establish  more  juvenile  courts  in  line  with  the  legislation  in  force  and  to  minimise 
detention  of  children  which,  in  cases  where  it  is  strictly  necessary,  should  take  place  in 
appropriate conditions.  

With  regard  to  the  right  to  education,  the  proportion  of  children  in  pre-school  education 
increased  in  2010-2011  compared  to  the  previous  school  year.  The  number  of  teachers  also 
increased. The primary school enrolment rates (grades 1-8) increased and the gender gap has 
virtually closed. In secondary education (grades 9-12), the enrolment rates increased for boys 
from 67.5% to 72.3% and for girls from 62.2 % to 66.1 %, widening thus slightly the gender 
gap. Turkey signed the Council of Europe Convention on the Protection of Children against 
Sexual Exploitation and Sexual Abuse. However, school drop-outs were a concern, especially 
among seasonal migrant workers' families and Roma children. Regional disparities remained 
wide for both primary and secondary school enrolment. 

As regards treatment of socially vulnerable persons and/or persons with disabilities and the 
principle  of  non-discrimination,  a  strategy  paper  on  accessibility  and  the  related  national 
action  plan  were  adopted.  However,  constitutional  changes  allowing  positive  discrimination 
in  favour  of  the  disabled  were  not  turned  into  specific  measures.  A  national  mechanism  for 
monitoring  implementation  of  the  UN  Convention  on  the  rights  of  disabled  persons  and  its 
optional  protocol  has  still  not  been  established.  Lack  of  data  and  research  on  persons  with 
disabilities and the mentally ill remain a barrier against informed policy-making. Provisions 
of the Turkish Criminal Code on 'public exhibitionism' and 'offences against public morality' 
are sometimes used to discriminate against LGBT people. 

On the right to property, legislation amending the 2008 Law on foundations was adopted in 
August  2011.  This  is  the  fourth  attempt  of  the  Turkish  authorities  since  2002  to  restore  the 
property  rights  of  non-Muslim  communities.  The  new  legislation  provides  that  non-Muslim 
community  foundations  can  register  in  the  Land  Registry,  under  their  names,  immovable 
property entered in their 1936 declarations for which either the owner entry was left blank, or 
which  are  registered  in  the  name  of  the  Treasury,  the  Directorate-General  for  Foundations, 
municipalities  and  special  provincial  administrations,  or  cemeteries  and  fountains  registered 
in  the  name  of  public  institutions.  Interested  parties  will  have  to  apply  for  the  return  of 
properties  within  a  twelve-month  period  from  the  entry  into  force  of  the  new  legislation. 
Finally, the market value of foundation properties currently registered with third parties will 
be paid. This covers properties seized and sold to third parties, and which cannot be returned 
to the foundations. The Mor Gabriel monastery foundation is covered by the new legislation 
even though it was registered in 1960. A regulation will define implementation modalities of 
the new legislation. 

As  regards  respect  for  and  protection  of  minorities  and  cultural  rights,  Turkey  has  made 
progress  on  cultural  rights,  especially  on  use  of  languages  other  than  Turkish  by  all 
nationwide radio and television stations and on use of multiple languages by municipalities. 
The  opening  of  a  Kurdish  Language  and  Literature  Department  in  a  university  has  been 
authorised.  However,  restrictions  remain  on  the  use  of  languages  other  than  Turkish  in 
political life, in contacts with public services and in prisons. The legal framework on use of 

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languages other than Turkish is open to restrictive interpretations and implementation remains 
inconsistent. There has been some progress as regards the Roma, in particular  on amending 
discriminatory  legislation.  However,  a  comprehensive  policy  to  address  the  situation  of  the 
Roma  is  missing.  Turkey's  approach  to  minorities  remained  restrictive.  Full  respect  for  and 
protection  of  language,  culture  and  fundamental  rights,  in  accordance  with  European 
standards,  has  yet  to  be  fully  achieved.  Turkey  needs  to  make  further  efforts  to  enhance 
tolerance and promote inclusiveness vis-à-vis minorities. There is a need for comprehensive 
revision of the existing legislation and to establish protection mechanisms or specific bodies 
to combat racism, xenophobia, anti-Semitism and intolerance. 

With regard to respect for private and family life and, in particular, the right to protection of 
personal data, the 2010 constitutional amendments introduced the protection of personal data 
as a constitutional right. Turkey needs to align its legislation with the data protection acquis, 
in  particular  Directive  95/46/EC,  and,  in  that  context,  to  set  up  a  fully  independent  data 
protection supervisory authority. Turkey also needs to ratify both the CoE Convention for the 
protection of individuals with regard to automatic processing of personal data (CETS No 108) 
and the additional protocol to it on supervisory authorities and trans-border data flow (CETS 
No 181). 

Conclusion 

Overall, progress has been made in the area of the judiciary. The adoption of legislation on 
the High Council of Judges and Prosecutors and on the Constitutional Court is a step in the 
right direction in terms of the independence and impartiality of the judiciary. Steps have also 
been taken to increase the efficiency of the judiciary. However, significant further efforts are 
needed  in  all  areas,  including  the  criminal  justice  system.  Limited  progress  has  been  made 
with implementing the strategy and action plan on anti-corruption. Effective implementation 
of the strategy is necessary to reduce corruption which remains prevalent in many areas. The 
lack of transparency relating to political party financing and the scope of immunities remain 
major  shortcomings.  Turkey  needs  to  build  up  a  track  record  of  investigations,  indictments 
and  convictions.  As  regards  fundamental  rights,  some  progress  has  been  made.  However, 
further  significant  efforts  are  needed  in  most  areas,  in  particular  freedom  of  expression  and 
freedom  of  religion.  Turkey  has  made  progress  on  cultural  rights,  especially  on  use  of 
languages  other  than  Turkish.  However,  Turkey's  approach  to  minority  rights  remains 
restrictive.  Turkey  needs  to  make  further  efforts  to  enhance  tolerance  and  promote 
inclusiveness vis-à-vis minorities. 

4.24.  Chapter 24: Justice, freedom and security 

Limited progress can be reported in the area of migration. Turkey remains a very important 
country  of  transit  and  destination  for  irregular  migration.  The  number  of  irregular  migrants 
apprehended by the Turkish law enforcement forces amounted to 32,667 in 2010; the number 
reached  12,727  between  1  January  and  1  June  2011.  The  2010  figures  represent  a  slight 
decrease  of  around  5%  compared  to  2009.  On  the  other  hand,  the  number  of  third  country 
nationals detected by EU Member States' law enforcement forces when entering or attempting 
to  enter  illegally  the  EU  at  or  between  border  crossing  points  of  the  EU  external  border 
coming directly from or transiting through the Turkish territory was as high as 54,493. This 
represented a substantial increase of around 44% compared to 2009. In the first half of 2011 
this  number  amounted  to  17,225.  The  number  of  irregular  migrants  deported  by  Turkish 
authorities  in  2010  was  23,583  and  8,616  between  1  January  and  1  June  2011.  Some  750 
organisers  of  irregular  migration  were  apprehended  in  2010,  701  of  whom  were  Turkish. 

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Between 1 January and 1 June 2011, 308 organisers of irregular migration were apprehended, 
289  of  whom  are  of  Turkish  nationality.  Efforts  to  increase  the  capacity  to  host  irregular 
migrants  in  decent  conditions  pending  the  removal  procedures  continued,  and  in  2010  it 
reached 2,945. 

The  Turkish  authorities  have  been  working  in  view  of  preparing  legislation  regulating  the 
status  of  regular  and  irregular  migrants,  asylum  seekers  and  refugees  in  Turkey.  This 
legislation  would  be  important  to  pave  the  way  towards  aligning  with  EU  and  international 
standards,  to  ensure  protection  of  migrants'  and  refugees'  rights,  and  to  establish  a  legal 
regulatory framework able to cover any relations between the Turkish administration and the 
aliens in Turkey. Several rounds of consultations with Turkish civil society and involvement 
of stakeholders such as International Organisation for Migration (IOM) and UNHCR, as well 
as  the  European  Commission,  during  the  preparation  of  that  legislation  are  evidence  of  the 
effort being made by the Turkish authorities to ensure a more open and transparent process. 
However,  the  text  has  not  yet  been  presented  to  the  Parliament.  Circulars  issued  during  the 
course  of  2010  have  improved  the  practices  of  law  enforcement  forces.  In  particular,  the 
circular issued by the Turkish National Police (TNP) in September 2010 gave the instruction 
to systematically inform in writing irregular migrants held in removal centres of the reason for 
being held in the centre, the duration of stay, their right to have access to a lawyer, and the 
right  of  appeal  against  the  decision  to  be  held  in  a  removal  centre  or  deportation  order, 
amongst others. Following the issuance of the circular, posters and brochures setting out these 
rights have been disseminated to all removal centres. 

The 'Coordination Board for Combating Illegal Migration' of the Ministry of Interior decided 
in particular to give priority to the health issues of irregular migrants and to elaborate, with 
the  assistance  of  IOM,  an  interagency  cooperation  model  to  ensure  public  health  and  the 
health of irregular migrants. Social assistance and solidarity associations are also earmarked 
to receive funds specifically allocated for the costs of asylum seekers, refugees and irregular 
migrants in this area. 

However, there are no systematic psycho-social services in removal centres. Access to legal 
aid is still limited, as there is no institutional capacity at the level of Bar Associations or civil 
society to provide for such support throughout the country. There is no comprehensive set of 
rules/guidelines  for  the  management  and  operation  of  removal  centres.  The  TNP  has  been 
tasked  with  drafting  a  'directive'  to  regulate  issues  concerning  the  management  of  removal 
centres, including the physical conditions in centres, staff to be appointed, the security of and 
in  the  centres,  provision  of  food  and  health,  treatment  of  vulnerable  groups,  as  well  as 
involvement of civil society in the centres. This 'directive' has not yet been adopted. 

Basic and advanced training of TNP personnel working in the area of asylum and migration 
continued throughout 2010, both as a result of national efforts and also with the support of EU 
financed projects. Staff trained and experienced in the area of asylum and migration should be 
considered as a 'professional category' and continue to work in the area. 

There is no institutional capacity in the administration to facilitate assisted voluntary return. A 
limited  number  of  returns  are  financed  from  a  general  budget  of  the  TNP.  A  total  of  789 
persons have been voluntarily returned between September 2009 and March 2011 through a 
project implemented with IOM, financed by the United Kingdom. Raising awareness among 
administrators,  governors,  district  governors,  municipalities,  lawyers  and  the  public  at  large 
about  the  rights  of  irregular  migrants  and  procedures  involved  in  migration  management 
remains an issue that needs to be addressed through concrete measures. 

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Negotiations  have  been  finalised  on  an  EU-Turkey  readmission  agreement.  The  agreement 
remains however to be initialled and signed. The swift conclusion of this agreement and its 
effective implementation after it has entered into force are of crucial importance. Meanwhile, 
the  adequate  implementation  of  already  existing  bilateral  readmission  agreements  remains 
also  a  priority.  As  regards  implementation  of  the  existing  bilateral  readmission  protocol 
between  Greece  and  Turkey,  some  positive  developments  were  registered  in  2010.  The  two 
countries agreed to designate daily contact points among law enforcement staff for the smooth 
implementation of the protocol. In the first 6 months of 2011, Greece asked Turkey to readmit 
2,508  persons;  but  Turkey  accepted  to  readmit  450  of  those  and  eventually  Greece  handed 
over 412 of them to Turkey. 

During the reporting period, Turkey concluded negotiations on readmission agreements with 
Russia and Nigeria. These agreements have not yet entered into force, like the one concluded 
with Pakistan in 2010. Readmission negotiations are ongoing with Serbia and Belarus. Talks 
are ongoing to start negotiations with Azerbaijan, Bangladesh, Bosnia and Herzegovina, the 
former Yugoslav Republic of Macedonia, Georgia, Lebanon, Libya, Moldova, Sri Lanka and 
Uzbekistan.  

In the area of asylum, some progress can be reported. The number of Turkish satellite cities, 
where migrants recognised as being in need of international protection are required to reside, 
was  increased  from  31  to  a  total  of  51.  On  15  July  2011,  an  instruction  was  issued  by  the 
Ministry  of  Interior  to  delegate  the  authority  to  conclude  asylum  applications  to  the 
governorates  of  Ankara,  Kırklareli,  Izmir,  Gaziantep,  Van,  Erzurum  and  Kayseri.  The 
governorate of Istanbul was also given the authority to decide asylum applications made at the 
Atatürk Airport Border, pilot implementation starting on 1 October 2011. 

However,  the  Ministry  of  Interior  needs  to  enhance  the  overall  capacity  of  the  satellite-city 
system  and  to  ensure  a  more  balanced  distribution  of  the  asylum  population  across  the 
country. The physical hosting conditions of the refugees who have been granted a residence 
permit vary a lot within the country. The ministerial Circular of March 2010, which defines 
the  conditions  on  the  basis  of  which  refugees  may  be  exempted  from  paying  residence 
(Ikamet) fees, is implemented unevenly. Turkey has not yet lifted the geographic reservation 
under which it implements the Geneva Convention of 1951 on Refugees, which implies that 
no  asylum  seeker  of  non-European  refugee  can  obtain  in  Turkey  more  than  a  temporary 
protection. Furthermore, Turkey continues not to have a national legislation on asylum due to 
the fact that the law on foreigners and international protection has not yet been adopted. 

Turkey  remains  a  very  important  country  of  transit  and  destination  of  migrants  in  need  of 
international  protection.  The  number  of  asylum  applications  has  risen  from  6,743  persons 
applying in 2009 to a total of 8,190 persons applying in 2010, in particular those originating 
from  Iraq  (3,008  persons),  Iran  (2,604),  Afghanistan  (1,456)  and  Somalia  (341).  A  total  of 
5,008  persons  were  resettled  mainly  to  USA,  Canada  and  Australia  in  2010.  This  made  the 
total  number  of  recognized  refugees  residing  in  the  country  raising  in  2010  up  to  17,518 
people, divided into six main groups: Iraqis, 6,374 (37%); Iranians, 4,753, (27%); Afghanis, 
3,401 (19%); Somalis, 1,297 (7%); Sudanese, 209 (1%); Palestinians, 139 (less than 1%). On 
the  other  hand,  in  2010  5,008  refugees  were  resettled  from  Turkey,  mostly  towards  USA, 
Canada,  and  Australia.  Between  January  and  June  2011,  5,416  persons  applied  for  asylum. 
Majority of these were from Iraq (2,469), Iran (1,062) and Afghanistan (585). In 2011, Turkey 
has hosted more than 18,000 Syrian nationals who fled Syria in search of protection, of which 
approximately  7,500  currently  remain.  UNHCR  has  had  only  intermittent  direct  access  to 

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persons  hosted  in  the  camps,  but  the  office  continues  regular  consultation  and  sharing  of 
expertise with the authorities on required standards of international protection. 

There  has  been  limited  progress  on  visa  policy.  Turkish  passports  with  biometric  security 
features were put into circulation on 1 June 2010. In addition, new Turkish visa stickers with 
higher security features were published by the Turkish Central Bank.  

However, these new stickers still need to be put into use by the foreign missions of Turkey, as 
well  as  at  the  border  crossing  points  (BCPs)  to  replace  the  stamp  visas.  Furthermore,  the 
issuing of sticker- and stamp-type visas at borders, which is currently applied to the nationals 
of 48 countries, needs to be abolished. Airport transit visas have yet to be introduced. 

Training  on  document  security  needs  to  be  intensified  in  particular  for  the  consular  staff. 
Among  the  police  in  charge  of  border  checks  at  different  BCPs,  50  members  of  staff  were 
trained on document security. A training module on this topic was developed in cooperation 
with the IOM. 

A pilot implementation of the protocol between the Ministries of Labour and Social Security, 
Interior and Foreign Affairs concerning the online processing of requests for 'work visa' was 
launched in April 2011. It enables the parallel issuing of work visas and work permits, as well 
as  tracking  of  the  information  by  the  police  working  at  the  BCPs  through  the  Turkish  Visa 
Information System. 

Turkey  did  not  further  align  with  the  EU  lists  of  countries  whose  nationals  must  be  in 
possession of visas when crossing the external borders and those whose nationals are exempt 
from that requirement (Council Regulation (EC) No 539/2001). On the contrary, it continued 
its  recent  policy  of  concluding  visa  exemption  agreements  with  other  countries,  some  of 
which are on the EU's negative list. 

Turkey  agreed  on  mutual  visa  exemptions  covering  all  types  of  passports  with  Serbia  in 
October 2010, Georgia in February 2011 and Russia in March 2011. Mutual visa exemptions 
excluding  ordinary  passport  holders  were  agreed  with  Portugal  in  October  2010,  Sudan  in 
October 2010 and Yemen in January 2011. 

Turkey does not apply a uniform policy towards all EU citizens as regards the visa obligation. 
Currently, citizens of 11 EU Member States are required to hold a visa to enter Turkey, which 
can be obtained at the Turkish borders. Citizens of the other 16 Member States (which also 
include Slovenia since August 2010) are exempted from the visa obligation for a short stay of 
up to 90 days.  

Preparations remain at an early stage. Further efforts are needed for alignment with the acquis 
in this area.  

Very  limited  progress  can  be  reported  on  external  borders  and  Schengen.  An  Integrated 
Border  Management  Coordination  Board  has  been  established,  and  the  Road  Map  on 
Integrated  Border  Management  and  the  Protocol  for  Inter-Agency  Cooperation  have  been 
drafted. Training activities on IBM have been conducted. 

Modernisation of the land BCPs continued with the Build-Operate-Transfer model. However, 
border agencies at both local and central level need to be consulted not only during the design 
phase but also during the utilisation of the modernised BCPs, in order to ensure that the model 
is compatible with its operational functionality. Border checking procedures and regulations 

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need  to  be  further  developed  to  control  irregular  migration  in  the  transit  zone  areas  at  the 
airports. 

The  task  force  for  IBM  met  only  twice,  on  20  January  and  20  April  2011.  The  high  level 
coordination board met four times in the reporting period (9 November 2010, 31 May 2011, 
29 July 2011 and 10 August 2011) focusing on the draft law on the establishment of the new 
border security authority and regulating interagency cooperation for border management. An 
agreement was reached among all 21 members of the board to adopt a document regulating 
the  principles  and  procedures  for  integrated  border  management  inter-agency  cooperation. 
The  impact  of  this  initiative  remains  to  be  seen.  The  proposed  legislative  amendment  on 
expanding  the  tasks  of  the  deputy  governors  acting  as  administrative  heads  of  the  border 
agencies, the aim of which is to facilitate the coordination between all of them at local level, 
is  still  pending  in  the  Parliament.  Both  the  development  of  inter-agency  cooperation  and 
coordination and the establishment of a Border Security Agency are key for efficient border 
management. 

To secure the border, further improvements are needed in certain areas, including through the 
establishment  of  more  adequate  infrastructure  and  a  more  extensive  use  of  surveillance 
equipment,  in  particular  electronic  means,  mobile  and  fixed,  video  surveillance  (CCTV 
systems) infrared cameras and other sensor systems. Further efforts are needed on basic and 
specialised  training  to  ensure  a  high  level  of  professionalism.  Risk  analysis  needs  to  be 
implemented at national, regional and local level. 

Negotiations  on  a  working  arrangement  with  Frontex  have  progressed  but  still  need  to  be 
concluded with a view to enhancing operational cooperation at Turkey's borders with the EU, 
in order to prevent irregular migration and to combat cross-border crime. 

Preparations  are  at  an  early  stage.  Further  efforts  are  needed  in  order  to  align  border 
management with the acquis. 

Limited progress can be reported on judicial cooperation in civil and criminal matters. In 
the area of judicial cooperation in civil matters, a new law on civil procedure was adopted on 
12 January 2011. It has extended legal aid to cover temporary protection requests as well as 
associations  and  foundations  with  public  benefit  status.  The  submission  of  a  certificate  of 
poverty is no longer required; any document that can be evidence of insufficient means will 
be accepted instead. However, legal aid is granted to foreign nationals under the principle of 
reciprocity.  On  child  protection,  the  law  approving  the  2003  Convention  on  Contact 
concerning children was adopted on 9 November 2010, and the ratification procedure is due 
to be finalised. The draft law on compensation of crime victims has now been submitted to the 
relevant institutions for an opinion. It envisages compensation for children who are refugees 
or seeking asylum, as well as child victims of human trafficking. During the reporting period 
706 requests falling within the ambit of judicial cooperation in civil matters were received by 
Turkey and 1,735 requests came from Turkey. 

As  regards  judicial  cooperation  in  criminal  matters,  the  Optional  Protocol  to  the  UN 
Convention  against  Torture  (OPCAT)  was  ratified  by  Turkey  on  23  February  2011.  Turkey 
attended the regular meetings of the European Judicial Network (EJN). Five judges are acting 
as  contact  points  for  Eurojust  and  EJN  to  facilitate  the  implementation  of  extraditions  and 
requests for mutual legal assistance. Effective personal data protection is crucial for efficient 
international judicial cooperation, in particular with Eurojust. To that end, the adoption of the 
draft  law  on  personal  data  protection  is  key.  At  this  stage,  the  level  of  cooperation  with 

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Eurojust  is  mixed.  Contacts  took  place  recently  between  Turkey  and  Eurojust  to  discuss 
possible ways of cooperation. Contact points other than those in the Ministry of Justice would 
further facilitate judicial cooperation in criminal matters. 

During the reporting period 59 extraditions were requested by Turkey and 3 extraditions were 
requested  by  EU  Member  States.  There  were  23  extraditions  to  Turkey.  Regarding  mutual 
legal  assistance  on  criminal  matters,  a  total  of  624  requests  were  received  by  Turkey  and 
4,740 requests from Turkey. On the transfer of convicts, three transfers took place to Turkey 
and three to EU Member States. 

With  regard  to  strengthening  the  institutional  capacity  in  international  judicial  cooperation, 
four  judges  and  prosecutors  have  attended  masters  of  law  studies  in  EU  Member  States,  29 
judges  and  prosecutors  received  intensive  language  trainings  and  19  judges  and  prosecutors 
followed training courses in EU law. 

Preparations are at an early stage. Further efforts are needed in order to align these areas with 
the provisions of the acquis. 

In the area of police cooperation and the fight against organised crime, some progress has 
been  achieved.  Turkey  is  a  party  to  the  main  international  conventions.  Turkey  signed  a 
number  of  bilateral  agreements  on  police  cooperation  including  in  the  areas  of  combating 
terrorism  (Afghanistan,  Pakistan  and  Syria  -  December  2010,  Serbia  -  March  2011).  The 
delay in adopting a personal data protection law is limiting police cooperation at international 
level and an operational cooperation agreement with Europol cannot be concluded (a strategic 
cooperation agreement has been in force since 2004). Cooperation  with Europol has varied. 
Posting of a liaison officer would improve the cooperation. The TNP and CEPOL (European 
Police  College)  signed  a  cooperation  agreement  in  December  2010  which  facilitates 
participation in training activities and exchange of information through access to CEPOL's e-
net. A branch office under the Department of Foreign Affairs of the TNP was established in 
October 2010 to coordinate human rights issues at international level and to develop policies 
accordingly. Inter-agency cooperation remains to be further strengthened. 

As regards the fight against organised crime, the Monitoring and Assessment Board meetings 
started to be held twice a year under the coordination of the Ministry of Interior in order to 
implement the National Strategy (2010-2015) and Action Plan (2010-2012) against Organised 
Crime. Turkey signed the Council of Europe Convention on Cybercrime in November 2010. 
Ratification  is  pending.  In  October  2010,  the  Anti-Smuggling  and  Organised  Crime 
Department of the TNP was again reorganised with the aim of increasing specialisation in the 
areas of the fight against financial crimes, proceeds of crime and smuggling. The cooperation 
protocol  signed  between  the  Ministry  of  Interior  and  the  Undersecretariat  of  Customs  in 
March 2011 outlines the working principles for anti-smuggling, including controlled delivery 
actions,  joint  training  activities  and  the  use  of  technical  equipment  for  special  investigation 
methods.  The  Turkish  police  has  good  analytical capacity  on  forensics.  However,  there  is  a 
need to establish a national fingerprint and DNA database. Data collection in the area of law 
enforcement remains to be improved. 

Results  with  regard  to  confiscation,  seizures  and  freezing  of  assets  remain  limited. 
Enforcement capacity to tackle money laundering needs to be improved (see also Chapter 4 –
Free movement of capital). 

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There was limited progress in the area of trafficking in human beings. The first draft of the 
framework  law  prepared  by  the  Ministry  of  Foreign  Affairs  on  Combating  trafficking  in 
human  beings  and  the  protection  of  victims  of  trafficking  in  human  beings  was  sent  to  the 
Ministry  of  Interior,  which  organised  consultations  with  civil  society  representatives  and 
academics to ensure the openness and transparency of the legislative process. 

The  process  of  ratifying  the  Council  of  Europe's  Convention  on  Action  against  Human 
Trafficking  is  pending  due  to the  fact  that  Turkey  is  not yet  a  party  to the  1981  Council  of 
Europe Convention for the Protection of Individuals with regard to Automatic Processing of 
Personal Data. The ratification of the former is conditional upon the ratification of the latter. 

The victims' shelters in Ankara and Istanbul, which received financial support in 2010 from 
the General Directorate of Social Solidarity and Assistance (GDSSA), which comes under the 
Prime Minister's Office, have their 2011 subsistence costs mostly covered through resources 
allocated from the Ministry of Foreign Affairs' own budget. The Ministry of Foreign Affairs 
is  covering  the  cost  of  running  the  157  Helpline  for  victims  of  human  trafficking  in  2011. 
During the reporting period, the number of reported victims of trafficking amounted to 59 all 
but one of whom are female. 

Preparations are advanced. Further efforts are needed as regards alignment with the acquis in 
this area. 

With  regard  to  progress  in  the  fight  against  terrorism,  a  Regulation  was  adopted  on  the 
organisation, duties, powers and working principles of the Under-secretariat for Public Order 
and Security which was affiliated to the Deputy Prime Minister in July 2011. The Financial 
Crimes  Investigation  Unit  (MASAK)  received  186  suspicious  transaction  reports  regarding 
financing of terrorism in 2010, compared to 49 in 2009. During the reporting period, MASAK 
signed  memoranda  of  understanding  with  Jordan,  Luxembourg,  Senegal,  United  Kingdom, 
Canada,  Belarus  and  Monaco  to  exchange  information  on  combating  the  financing  of 
terrorism and money laundering. Turkey still faces terrorist attacks from the PKK. 

The  following  acts  have  not  been  ratified  by  Turkey:  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.  It  is  a  matter  of 
crucial  importance  to  adopt  the  law  concerning  the  fight  against  financing  of  terrorism  in 
order to meet the requirements of the Financial Action Task Force (FATF) recommendations 
on  establishing  a  system  on  the  freezing  of  assets  and  a  definition  of  the  financing  of 
terrorism. 

Preparations  are  advanced.  Further  efforts  are  needed  in  order  to  align  legislation  with  the 
acquis. 

Some progress has been made on the cooperation in the field of drugs. A 2nd Action Plan 
(2010-2012) was adopted in November 2010 to continue implementing the National Strategy 
against  Drugs  and  Drug  Addiction  (2006-2012).  Action  plans  have  also  been  adopted  in  78 
provinces to implement the Strategy at local level. An evaluation report was prepared for the 
first  National  Action  Plan  which  shows  that  84%  of  the  planned  activities  have  been 
accomplished. An EU-Turkey dialogue on drugs took place on 22 June 2011. 

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Successful operations resulting in seizures of 70,185 kg  of cannabis, 277 kg  of cocaine and 
12,031  kg  of  heroin  were  conducted  by  Turkish  law  enforcement  bodies.  A  total  of  nine 
controlled delivery operations were carried out, with 667.5 kg of heroin and 30 kg of cannabis 
being seized. An amendment to the Law on Control of Narcotic drugs was adopted in order to 
bring five new psychoactive substances within the scope of the Law. 

A  new  centre  for  the  treatment  of  drug  addicts  was  opened  in  Bursa  in  November  2010. 
Currently, there are 22 treatment centres. An amendment to the Law on Radio and Television 
Enterprises  and  Broadcast  Services  was  adopted,  which  seeks  to  prohibit  broadcasts 
encouraging people to use addictive substances. 

Turkey  reports  in  accordance  with  the  guidelines  of  the  European  Monitoring  Centre  for 
Drugs  and  Drug  Addiction  (EMCDDA)  and  submits  an  annual  report.  The  agreement 
concerning  the  participation  of  Turkey  in  EMCDDA  has  still  not  been  ratified.  Turkey  is 
participating  as  an  observer  in  the  Reitox  meetings  of  heads  of  focal  points.  The  draft 
legislation  for  improving  the  status  of  the  National  Reitox  Focal  Point  needs  to  be  adopted 
and its human resources need to be further strengthened. The total staff of the National Reitox 
Focal  Point  decreased  from  17  to  15.  A  more  balanced  approach  towards  drugs  supply  and 
demand  reduction  needs  to  be  followed,  including  through  the  establishment  of  better 
treatment and rehabilitation facilities. 

Overall, preparations in the drugs field are advanced. 

Limited  progress  was  achieved  in  the  area  of  customs  co-operation.  Customs  enforcement 
capacity has been strengthened in terms of equipment by the installation of two scanners for 
vehicles and containers, one at the Kapıkule land border crossing point (BCP) with Bulgaria 
and  the  other  in  the  Sarp  land  BCP  with  Georgia,  and  also  by  supplying  further  baggage 
screening  equipment  to  various  land  BCPs.  However,  the  use  of  equipment  needs  to  be 
complemented by an adequate number of staff who are competent and trained in conducting 
risk  analysis  methods  and  capable  of  pro-active  intelligence  gathering.  Training  of  the  staff 
needs to be structured by reviewing the core curricula to be applied in a Customs Academy. A 
vehicle tracking system and mobile inspection units are in use and operational since August 
2010. The number of mobile teams should be further increased. 

Preparations are advanced. Further efforts are needed on enforcement capacity. 

For measures against counterfeiting of the euro, see Chapter 32 – Financial control. 

Conclusion 

Progress  is  uneven  in  the  area  of  justice,  freedom  and  security.  The  finalisation  of  the 
negotiations  on  an  EU-Turkey  readmission  agreement  represents  substantial  progress.  The 
adoption of the law  on  foreigners and  international  protection  remains  a priority in  order to 
ensure a sound legal basis for an efficient asylum and migration management system, as well 
as safeguarding the rights of migrants and refugees. Limited progress can be reported in the 
area  of  judicial  cooperation  in  civil  and  criminal  matters.  Some  progress  can  be  reported  in 
the area of drugs and organised crime. Limited progress can be reported in the area of police 
cooperation  and  terrorism.  Limited  progress  was  achieved  on  visa  policy  and  customs 
cooperation. Very limited progress can be reported in the area of border management where 
the adoption of a law on the establishment of new Border Security Agency and inter-agency 
cooperation  are  key  issues  to  be  addressed.  Turkey  remains  an  important  country  of  transit 

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and destination of irregular migrants. Efforts are needed to prevent irregular migration and to 
readmit irregular migrants. 

4.25.  Chapter 25: Science and research 

Good progress can be reported in the area of science and research  policy.  At its  meeting in 
December 2010, the Turkish Supreme Council for Science and Technology (SCST) adopted a 
National Science Technology and Innovation Strategy for the period 2011-2016. The strategy 
is  an  umbrella  document  addressing  the  entire  research  and  innovation  chain  (frontier-
research; applied and support for result oriented actions). Together with the adoption of the 
Strategy,  an  Action  Plan  on  human  capital  building  for  the  period  2011-2016  was  adopted, 
aimed  at  further  increasing  the  number  of  R&D  personnel  and  their  mobility,  to  improve 
cross-sector  distribution  of  R&D  personnel,  research  environments,  skills  and  experience  of 
researchers  and  employment  capacities  and  to  enhance  the  research  culture.  The  strategy 
focuses  on  the  following  priority  areas  for  the  coming  five  years:  (1)  developing  human 
resources for  science, technology  and  innovation; (2) stimulating  transformation of research 
into  products  and  services;  (3)  disseminating  a  multi-actor,  multi-disciplinary  R&D 
cooperation  culture;  (4)  strengthening  the  role  of  SMEs  in  R&D  and  (5)  boosting  the 
contribution of R&D infrastructure to knowledge production. 

The Scientific and Technological Research Council of Turkey (TÜBİTAK) increased its R&D 
budget from €310 million in 2009 to €340 million in 2010. In total, the share of R&D reached 
0.85% of GDP in 2009 compared to 0.73% in 2008, even though it is still below the national 
target  of  2%  by  2013.  It  should  be  noted  that  the  increase  came  mainly  from  increased 
investment  in  research  and  innovation  by  the  private  sector.  The  number  of  private-sector 
R&D  centres  approved  by  the  Turkish  Ministry  of  Trade  and  Industry  increased  to  87  as 
compared to 62 in 2009. The number of R&D personnel employed in these centres reached 
13.000 FTE and the total investments amounted to €2.2 billion, which meant that the private 
sector share of expenditure on research exceeded 50%. 

To  stimulate  innovation,  TÜBİTAK  launched  a  call  to  support  innovation  platforms  at 
province  level  aimed  at  developing  science,  technology  and  innovation  capacities  at  the 
provincial  level  by  involving  local  stakeholders,  including  public  bodies,  local  universities, 
industry  and  civil  society  organisations,  who  will  be  asked  to  develop  innovation  strategies 
and action plans at provincial level. 

The level of participation in the Seventh EU research Framework programme (FP7) continued 
to rise. Since the beginning of FP7, Turkey has submitted in total more than 3000 projects, of 
which more than 500 have been selected for funding,  which amounts  to  an average success 
rate  of  about  16%  compared  to  the  FP7  average  of  20%.  There  is  therefore  still  room  for 
improvement. Turkey was successful in particular with regard to the level of participation by 
SME's  (1  out  of  20  successful  participants  are  SMEs)  and  in  the  Specific  Programme  on 
People  under  the  Marie  Curie  Incoming  Grants.  An  update  of  the  Action  Plan  to  support 
Turkey's participation for the remaining period of FP7 (i.e. until 2013) is under preparation. 
Turkey has also increased the administrative capacity of the National Coordination Office by 
recruiting  eight  new  staff,  which  is  an  increase  of  30%.  Turkey's  national  contact  point 
network functions very well. 

With respect to nuclear research, Turkey decided  not  to  become  associated  with  the  current 
(2007-2011)  nor  the  next  (2012-2014)  Seventh  Euratom  Framework  programme,  but  to 
consider a more active form of participation on a contract basis. 

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The  active  cooperation  with  the  Joint  Research  Centre  (JRC)  continued  as  a  result  of  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.  A  total  of  20 
Turkish researchers were supported by TÜBİTAK to work at the JRC institutes. In 2011, 11 
additional Turkish researchers were awarded grants by TÜBİTAK to conduct research in JRC 
institutes.  In  addition,  JRC-IRMM  is  carrying  out  an  EU-funded  project  on  chemical  and 
ionising  radiation  in  cooperation  with  the  Turkish  National  Metrology  Institute  and  the 
Atomic Energy Authority, with several activities running in Turkey and in the JRC centre in 
Geel, Belgium. 

Concerning further integration into the European Research Area (ERA), the above mentioned 
actions that have been taken at national level (Strategy including Innovation, Action Plan on 
Human Capital building, increase in investment in research in particular by the private sector) 
are  all  in  line  with  the  EU  objectives  and  targets,  and  contribute  towards  the  European 
Research Area and building the Innovation Union (IU). 

Turkey  is  taking  part  in  ten  Joint  Programming  Initiatives,  which  seek  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 strengthening its research efforts accordingly. Turkey actively participates in all 
advisory  bodies  on  the  European  Research  Area,  including  the  ERAC  (European  Research 
Area Committee) as an observer. Since October 2010, Turkey has been actively participating 
in  the  preparations  for  launching  the  pilot  Innovation  Partnership  on  Active  and  Healthy 
Ageing. 

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 and preparations for the 
Innovation Union. The preparations to contribute to building the Innovation Union have also 
started.  Overall,  Turkey's  participation  and  success  rate  in  the  EU  Seventh  Framework 
Programme  are  growing,  but  further  efforts  are  needed  in  order  to  meet  the  excellence 
requirement and competitive participation in the EU research programmes. 

4.26.  Chapter 26: Education and culture 

Turkey  continued  to  align  with  the  EU  acquis  and  standards  in  the  area  of  education, 
training  and  youth.  The  Ministry  of  National  Education  (MoNE)  was  restructured  in 
September  2011;  among  other  changes,  a  DG  for  Lifelong  Learning  and  one  for  EU  and 
Foreign Affairs were formed. 

Turkey improved its performance in all the areas in which EU benchmarks have been set, but 
in general it is still well below the EU average, in particular as regards the percentage of early 
school leavers and the participation of adults in lifelong learning. Following the extension of 
compulsory  pre-school  education  to  the  57  provinces  in  the  school  year  2010-11,  the 
enrolment rate for pre-school education was up from 39% to 43%. Pre-school education will 
be compulsory in all provinces in the school year 2012-2013. 

The gender gap in primary schools continues to narrow compared to the previous year. The 
net primary school enrolment rate for girls increased from 97.84% to 98,22%, while the rate 
for  boys  rose  from  98.47%  to  98.59%.  For  secondary  education,  the  net  enrolment  rate  for 

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boys showed a large increase - from 67.55% to 72.35% - while that of girls increased from 
62.21% to 66.14%. 

In the area of higher education, the total number of universities in Turkey continued to grow 
with  the  establishment  of  eight  private  universities,  bringing  the  total  number  to  162. 
However,  these  universities  vary  considerably  in  terms  of  the  number  of  teaching  staff  and 
infrastructure.  Turkey  is  at  an  advanced  stage  in  implementing  the  Bologna  process 
recommendations. 

The  development  of  a  comprehensive  national  qualifications  framework  based  on  learning 
outcomes linked to the EU's framework has continued. An independent and fully functional 
Quality  Assurance  and  Accreditation  Agency  to  facilitate  recognition  of  qualifications  and 
mobility  needs  to  be  established  in  conformity  with  European  standards  and  guidelines.  In 
order  to  introduce  a  functional  national  qualifications  system,  modular  VET  curricula  were 
developed  and  began  to  be  implemented  in  the  VET  schools.  Coherent  processes  for  the 
assessment  of  the  modules  need  to  be  ensured,  as  does  their  use  for  monitoring  progress  in 
education. The modules will be the basis for nationally recognised certificates for initial VET 
at the appropriate level, in place of school leaving certificates. The modules will also facilitate 
the recognition of prior learning. 

Progress  regarding  the  establishment  of  the  National  Vocational  Qualification  System 
(NVQS)  continued  with  the  establishment  of  twenty-six  centres  for  the  development  of 
occupational  standards,  qualifications  and  assessment  requirements.  However,  a  national 
qualifications framework based on the European one remains to be established. 

Interest  and  participation  in  the  Lifelong  Learning  and  Youth  in  Action  programmes  has 
continued  to  increase  substantially.  In  2010,  the  total  number  of  individual  programme 
beneficiaries  was  in  excess  of  37,000,  and  1,428  grant  agreements,  amounting  to  €63.4 
million, were signed with beneficiaries. In addition to its budgeted financial contribution and 
in  order  to  support  more  applications,  Turkey  supplemented  the  EU  allocation  with  €9.3 
million from its own budget. The Parliament enacted a law which has further strengthened the 
administrative capacity of the Turkish National Agency responsible for managing these funds. 

In  the  area  of  culture,  Turkey  continued  to  participate  in  the  EU´s  Culture  programme, 
although Turkish cultural operators participate in the activities mostly as project co-organisers 
and  not  as  lead  applicants  and  coordinators.  Since  Turkey's  accession  to  the  Culture 
Programme  in  2007  only  relatively  few  applications  have  been  submitted  for  funding, 
considering  the  large  cultural  sector  in  Turkey.  Efforts  to  ensure  nation-wide  coverage  of 
these activities are to be pursued. According to the Istanbul 2010 Agency, activities under the 
Istanbul 2010 European Capital of Culture programme have included a total of some 10.000 
events and around 10 million people. However, most of the national funds were used for the 
renovation of urban and cultural heritage, thus implying little civil society dialogue. 

Turkey also participated in the celebration of the Europe Day events on 9 May 2011.  

Turkey has still not ratified the 2005 UNESCO Convention on the Protection and Promotion 
of the Diversity of Cultural Expressions. 

Conclusion 

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There has been some progress in the area of education and training. Turkey showed a strong 
participation in EU programmes and popular interest in them continued to increase. There has 
been some progress in the area of culture, but no progress on legislative alignment with the 
EU acquis. 

4.27.  Chapter 27: Environment 

In the field of environment, there is limited progress to report on horizontal legislation. The 
scope  of  the  by-law  on  environmental  impact  assessment  (EIA)  has  been  revised  by  the 
Council  of  State,  but  the  changes  made  have  yet  to  be  enforced.  The  EIA  Directive  is  now 
largely transposed. However, an addendum to the EIA by-law adopted in April raises concern 
as  to  some  exceptions  it  authorises.  Procedures  for  public  and  transboundary  consultations 
have not been fully aligned and implemented. Regarding the transboundary aspects of the EIA 
for the EU backed Nabucco pipeline project, Turkey agreed with Bulgaria to organise an ad 
hoc exchange of information, with the aim of complying de facto with the requirements of the 
EU  acquis.  However,  general  draft  bilateral  agreements  on  EIA  for  cooperation  in  a  trans-
boundary context have not yet been sent to the relevant Member States. The planned Turkish-
Russian  nuclear  power  plant  project  which  is  due  to  be  built  on  the  eastern  Mediterranean 
coast of Turkey continues to cause public concern, both nationally and internationally. There 
are  similar  concerns  around  the  large  number  of  planned  hydro-power  projects  for  which 
neither  an  EIA  nor  a  strategic  environmental  assessment  (SEA)  has  yet  been  carried  out. 
Transposition of the SEA Directive is still at an early stage. Some preparations have begun for 
the transposition of the Environmental Liability and INSPIRE directives. 

Limited progress has been achieved on air quality. A by-law on reducing the emission levels 
of  light  trucks  and  passenger  vehicles  in  line  with  Euro  6  was  adopted.  Preparations  are 
underway  for  the  transposition  and  implementation  of  the  National  Emissions  Ceilings 
Directive.  There  is  still  insufficient  administrative  capacity  to  implement  and  enforce  the 
legislation on ambient air quality. 

Good progress can be reported in the field of waste management. The revision of the waste 
legislation, largely in line with the provisions of the new EU Waste Framework Directive, has 
begun with the adoption of legislation on solid waste, waste water tariffs, waste incineration, 
packaging  waste  and  the  inspection  of  end-of-life  vehicles.  Legislation  was  also  adopted  in 
the  areas  of  mining  and  the  standardisation  of  the  import  of  batteries  and  accumulators, 
ensuring further alignment with the acquis. Efforts have been made to bring some landfills up 
to EU standards and for the separate collection of various categories of waste, as well as for 
the recovery of energy from waste oils and sterilisation of hazardous medical waste. However, 
Turkey still needs to prepare and implement national, regional and local waste management 
plans in line with the EU Waste Framework Directive. 

There has been very limited progress in the area of water quality. The institutional framework 
for water management is fragmented and not organised at river basin level. Preparations are 
ongoing to convert a number of existing River Basin Protection Action plans into river basin 
management plans. Transboundary consultations on water issues are still at a very early stage. 
The  newly-adopted  amendment  to  the  Law  on  Groundwater  is  supposed  to  strengthen  the 
application  of  the  'polluter  pays'  principle  in  relation  to  the  measurement  of  groundwater 
consumption. A monitoring program in freshwaters and groundwaters for the implementation 
of  the  Nitrates  Directive  has  been  established.  An  integrated  marine  pollution  monitoring 
system has also been put in place, for all surrounding seas. 

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No progress can be reported on nature protection. Framework legislation on nature protection 
has not yet been adopted. The list of potential Natura 2000 sites has not yet been compiled. 
The national biodiversity strategy and action plan, as well as the implementing legislation in 
this field remain to be adopted. There is growing concern about the possible adverse effects 
on  potentially  protected  species  of  flora  and  fauna  as  a  result  of  the  building  of  new  large 
water  and  energy  infrastructure  in  the  country.  The  amended  by-law  on  the  protection  of 
wetlands has weakened the protection status of wetlands, and falls short of the requirements 
of  the  Convention  on  Wetlands  of  International  Importance.  There  is  no  clear  allocation  of 
responsibility  for  nature  protection  among  the  various  competent  institutions.  The  CITES 
Convention on the international trade in wild animals and plants is not sufficiently enforced. 

Limited progress can be reported regarding industrial pollution control and risk management, 
with the adoption of the By-law implementing the majority of the requirements of the Waste 
Incineration  Directive  and  the  publication  of  guidelines  on  emergency  plans,  public 
information and notifications, in the form of secondary legislation implementing the By-law 
on  the  control  of  major  industrial  accidents.  A  Regulatory  Impact  Assessment  (RIA)  for 
Seveso  II  is  still  to  be  completed.  The  introduction  of  an  integrated  permit  system  is  at  an 
early stage. 

Little  progress  can  be  reported  in  the  field  of  chemicals,  including  REACH.  Legislation  on 
biocidal products was adopted. The capacity for effective implementation is still insufficient. 

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

Regarding  climate  change,  limited  progress  was  made  on  general  policy  development. 
Turkey  adopted  in  May  2010  a  national  climate  strategy  until  2020  and  in  May  2011  the 
Climate Change Coordination Board adopted the first national climate change action plan to 
implement  it.  It  still  needs  to  be  approved  by  the  Higher  Planning  Council.  .  Turkey 
completed  a  study  on  identifying  policies  on  national  emission  limitation  and  emission 
reduction in line with global trends, which may enable it to scale up the ambition level from 
limiting the growth of greenhouse gas emissions to 11% from the projected 2020 emissions.  

There  is  a  significant  need  for  awareness-raising  at  all  levels.  At  the  international  level, 
Turkey continued to advocate its special circumstances which were endorsed at the COP16 in 
Cancún in December 2010. Unlike most other Annex I Parties, Turkey did not put forward a 
pledge  in  line  with  the  Cancún  Agreements.  Turkey  associated  itself  with  some  formal  EU 
positions.  Turkey  has  not  yet  submitted  its  fifth  national  communication  under  the  United 
Nations  Framework  Convention  on  Climate  Change.  However,  the  GHG  inventories  are 
submitted  regularly  on  annual  basis  as  required.  Turkey  participated  actively  in  the  climate 
work under the Regional Environmental Network for Accession (RENA). 

Some action  towards future convergence  with the EU Monitoring Mechanism was initiated. 
Turkey took steps to enhance co-operation on emissions trading, including to raise awareness 
of  the  EU  Emissions  Trading  System  amongst  the  different  stakeholders  in  the  country. 
However, Turkey's status as Annex I Party without a target continues to present a challenge to 
progress  in  this  field.  No  steps  were  taken  to  promote  convergence  with  the  EU  Effort-
Sharing  Decision.  No  progress  can  be  reported  in  the  field  of  fuel  quality  or  in  the 
implementation  of  emission  standards  from  cars  and  vans,  apart  from  introduction  of  the 
monitoring  scheme  of  new  car  registrations.  Neither  were  steps  taken  with  respect  to  the 
geological  storage  of  carbon  dioxide.  Turkey  continues  to  implement  the  Montreal  Protocol 

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on ozone-depleting substances and fluorinated gases, but needs to take further steps to align 
with  the  EU  legislation  on  fluorinated  gases.  Turkey  has  not  yet  associated  itself  with  the 
Declaration adopted at the 22nd Meeting of the Parties to the Montreal Protocol on the global 
transition away from HCFCs and CFCs. 

Limited progress has been made in the area of administrative capacity. The former Ministry 
of Environment  and Forestry has been  split  into  two  new  ministries  namely  the  Ministry  of 
Forestry  and  Water  Affairs  and  Ministry  of  Environment  and  Urbanisation  (MoEU). 
Furthermore  the  Authority  for  the  Special  Protected  Areas  and  regional  Natural  Heritage 
Boards were closed and merged into a directorate general under the newly established MoEU. 
Structures  for  environmental  management  have  been  more  centralised  with  the  recent 
legislative reorganisation at ministerial level. No progress has been made towards establishing 
a national environment agency. Environmental protection requirements are still not taken into 
account  in  the  framing  of  policies  and  in  the  implementation  of  infrastructure  projects.  The 
Climate department within the Ministry requires further strengthening. Significant efforts are 
needed  to  promote  cooperation  and  coordination  between  the  different  Ministries  and 
authorities involved on climate change. 

Conclusion 

Overall,  some  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 quality and industrial 
pollution control and risk management. Turkey made very limited progress on water quality, 
chemicals  and  on  administrative  capacity,  which  requires  further  strengthening,  including 
better coordination between the relevant authorities at all levels. There is no progress to report 
on  nature  protection.  Investments  in  the  field  of  the  environment  need  to  be  increased. 
Regarding climate change, Turkey made limited progress on awareness-raising on EU climate 
requirements.  However,  a  more  ambitious  climate  policy  still  needs  to  be  established,  both 
domestically and internationally. No further progress was made on administrative capacity in 
the field of climate change. 

4.28.  Chapter 28: Consumer and health protection 

Limited  progress  can  be  reported  in  the  area  of  consumer  protection.  The  consumer 
movement continues to be weak. Existing mechanisms for government-civil society dialogue 
are  not  being  used  effectively  and  participation  by  consumer  NGOs  in  policy-  and  law-
making activities remains low. 

There has been limited progress on product safety-related issues. A circular from the Prime 
Minister's  Office  published  in  March  2011  established  a  Market  Surveillance  and  Product 
Safety  Assessment  Board.  It  brings  together  the  relevant  market  surveillance  authorities  to 
improve cooperation. More systematically comparable surveillance data have been collected 
and  the  market  surveillance  activities  of  the  relevant  authorities  increased  compared  to  the 
previous  year.  However,  financial  and  human  resources  allocated  to  market  surveillance 
activities  are  still  insufficient.  The  number  of  measures  applied  remains  low  which 
undermines the credibility of the system. Work to revise the general product safety legislation 
remains incomplete. This is a key element for the accession negotiations in this chapter.  

Some progress was made in the field of non-safety related issues. The legislation on labels, 
tariffs and price lists, on the application methods and principles regarding distance contracts, 

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and  on  the  implementation  procedures  and  principles  regarding  door-to-door  sales,  were 
amended  in  March  2011  following  the  adoption  of  three  revised  by-laws.  However,  the 
adoption  of  the  revised  consumer  protection  framework  law  has  been  pending  for  some 
considerable time, which is a key factor affecting the accession negotiations in this chapter. 
The number of qualified staff members dealing with consumer protection within the Ministry 
of Industry and Trade was increased and public awareness campaigns were broadcast on the 
radio. Weaknesses in the arbitration committees and consumer courts remain to be addressed.  

There has been some progress in the area of public health. 

Regarding  horizontal  aspects,  the  family  medicine  system  that  was  introduced  in  2004 
achieved  full  national  coverage  by  the  end  of  2010.  In  2011,  the  public  health  expenditure 
amounts to 5.6% of the national budget, which is slightly above its 2010 level. 

In  the  field  of  tobacco,  Turkey  largely  fulfils  the  acquis  requirements.  Initial  signs  of  a 
decline  in  tobacco  consumption  rates  since  the  smoking  ban  of  2009  were  confirmed  by  a 
nation-wide  study.  The  Constitutional  Court  denied  by  a  majority  the  request  to  cancel  the 
smoking ban in public areas. The number of smoking cessation centres was increased to 234 
and a toll free telephone quit line was launched. A new regulation on the sale and supply of 
tobacco  products,  alcohol  and  alcoholic  beverages  was  published  in  January  2011  which 
introduces new restrictions on the advertisement, marketing, sale and use of tobacco products 
and  alcohol.  Further  law  amendments  in  June  2011  prohibited  selling  of  tobacco  products 
through the internet. 

Some progress can be reported in the field of communicable diseases. A revised control and 
surveillance  by-law  was  published  in  April  2011,  with  the  aim  of  completing  the 
harmonisation of legislation on notifiable diseases and case definitions. Enforcement capacity 
is  being  strengthened,  but  continued  efforts  are  needed  in  order  to  ensure  a  coherent 
monitoring  and  surveillance  system.  Due  to  the  absence  of  real  HIV/AIDS  policies,  public 
awareness about the disease is low and the incidence is increasing. The National Institute of 
Public Health has still not been established. Preparations in this area are advanced. 

Some progress can be reported in the field of blood, tissues and cells. The national blood and 
blood products guidelines were updated on the basis of the EU guidelines for the preparation, 
use and quality assurance of blood components. A new regulation on human tissues and cells 
and the quality and safety of the related tissue and cell centres was adopted in October 2010. 
It sets the standards of quality and safety for the donation, procurement, testing, processing, 
preservation, storage and distribution of human tissues and cells. In addition, a regulation was 
adopted  in  March  2011  laying  down  the  standards  applicable  to  the  establishments  where 
transplantation  of  composite  tissues  could  be  take  place.  The  alignment  of  legislation  is 
advanced on the whole, but Turkey does  not  yet have sufficient capacity to ensure efficient 
monitoring, inspection, surveillance and reporting in this area. Preparations are on track. 

Some  progress  can  be  reported  in  the  field  of  mental  health.  A  new  by-law  on  community 
mental health centres was adopted in February 2011, but the adoption of the national action 
plan is still pending. Further action should be taken towards promoting the inclusion of people 
with mental health problems, as well as their empowerment and human rights. Preparations in 
this area are ongoing. 

There  was  limited  progress  in  the  field  of  cancer.  The  Ministry  of  Health  has  launched  a 
public  awareness  campaign  on  cancer  in  women.  It  focuses  on  reproductive  health  cancers, 

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such  as  breast,  cervical,  ovarian  and  endometrial  cancers,  which  are  the  most  serious  and 
prevalent among women in the country. Screening of target groups continues, but monitoring 
and  reporting  are  problematic.  The  national  cancer  institute  has  yet  to  be  established. 
Preparations in this area are on track. 

Concerning  socio-economic  determinants  of  health,  a  circular  from  the  Prime  Minister's 
Office  drew  attention  to  the  growing  problems  of  obesity  in  Turkey.  It  called  for  close 
cooperation by public, private and academic bodies, as well as civil society organisations, to 
implement the 2010-2014 obesity prevention and control programme aimed at achieving a 5% 
reduction  in  the  prevalence  of  obesity  by  2014.  An  action  plan  has  been  adopted  which 
promotes a healthy lifestyle and encourages municipalities to create opportunities in the local 
environment that motivate people to engage in physical activities. 

Conclusion 

There is some progress to report on consumer and health protection. In the area of consumer 
protection,  revised  framework  laws  for  consumer  protection  and  general  product  safety  are 
still  to  be  adopted.  Further  financial  and  human  resources  need  to  be  allocated  for  market 
surveillance activities, and cooperation with consumer NGOs needs strengthening. In the area 
of public health, Turkey has not yet completed the legislative alignment process nor built up 
the administrative capacity to improve the enforcement of legislation in order to enhance the 
health and safety status of the population. 

4.29.  Chapter 29: Customs Union 

Even though the overall level of alignment with the EU remains high as a result of the EU-
Turkey Customs Union, there has been limited progress with regard to customs legislation. 

Under the law on the  restructuring  of public receivables promulgated on 25 February 2011, 
Turkey introduced a new provision into its customs law, which provides for a permanent out-
of-court  dispute  settlement  mechanism  for  customs  arrears.  No  progress  can  be  reported  on 
further  alignment  with  regard  to  customs  rules  on  intellectual  property  rights  although  new 
legislation is in the pipeline. The rules on free zones which are under the competence of the 
Ministry of Economy, and the exemptions granted by the Customs Law on free zones, are not 
fully in line with the acquis, although a certain level of alignment can be already observed. 
The Turkish legislation on duty relief, particularly the laws allowing duty free shops at entry 
points, infringes obligations under the Customs Union. No full alignment regarding the rules 
administering surveillance and tariff quotas, and particularly the quotas allocated to processed 
agricultural products, can be reported. In the context of the conformity assessment of products 
originating  in  third  country,  economic  operators  are  systematically  required  to  declare  the 
origin  before  the  customs  clearance,  even  if  the  goods  have  already  been  released  for  free 
circulation in the EU before entering Turkey. This requirement is not in line with the Customs 
Union. 

As regards administrative and operational capacity, there is some progress to report. As a 
result of further modernisation efforts, the Ministry of Customs and Trade has strengthened its 
security-related  enforcement  capacity.  The  risk-based  analysis  of  the  Ministry  needs  to  be 
substantially  improved  in  order  to  reduce  the  current  very  high  frequency  of  physical 
inspections  carried  out  by  the  customs,  while  also  improving  their  quality.  The  feedback 
reporting mechanisms between the central risk analysis unit of the Ministry and the regional 
customs offices should be reinforced. The coordination between the customs enforcement and 

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other  law  enforcement  agencies  for  border  management  needs  to  be  improved.  The 
enforcement  of  IPR  by  the  customs,  particularly  in  its  export  controls,  has  remained  weak. 
Turkey  continued  to  be  one  of  the  main  suppliers  of  counterfeit  products  seized  at  EU 
customs. 

IT systems capable of interfacing with the EU systems on transit (NCTS) and tariffs (TARIC, 
Quota and Surveillance) are not yet in place. There is limited progress to report regarding the 
introduction of a paperless customs environment. The Ministry of Customs and Trade has still 
not adopted an IT strategy which fully supports the achievement of its business objectives. 

The 'Customs Union' chapter 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 aircraft registered in Cyprus or 
where the last port of call was Cyprus, Turkey will not be in a position to implement fully the 
acquis relating to this chapter. 

Conclusion 

The EU-Turkey Customs Union has enabled Turkey to reach a high level of alignment in this 
area.  However,  the  rules  on  duty  relief  and  free  zones  should  be  further  aligned  with  the 
acquis. Turkey also needs to align its legislation on surveillance and tariff quotas regulated by 
the  Ministry  of  Trade.  Requesting  importers  of  products  in  free  circulation  in  the  EU  to 
submit information on origin in any format prior to customs clearance is not in line with the 
Customs  Union.  Risk-based  controls  and  simplified  procedures  with  a  view  to  facilitating 
legitimate  trade  by  reducing  the  number  of  physical  controls  need  to  be  improved.  There  is 
still  no  effective  enforcement  of  intellectual  property  rights  at  customs,  and  no  proper 
combating of counterfeit goods. 

4.30.  Chapter 30: External relations 

There  has  been  limited  progress  in  the  field  of  the  common  commercial  policy,  although 
Turkey already maintains a high level of alignment with the EU common commercial policy. 

Limited progress was recorded in the alignment of the Turkish general system of preferences 
(GSP).  Further  alignment  with  the  EU's  GSP  is  needed,  in  particular  with  regard  to  its 
geographic and product coverage, as well as rules of origin. 

During  the  reporting  period,  Turkey  decided  to  launch  safeguard  proceedings  on  woven 
fabrics and apparels without implementing the World Trade Organization (WTO) Safeguard 
Agreement  provisions.  The  EU  and  other  bilateral  preferential  trade  partners  of  Turkey  are 
excluded  from  the  scope  of  the  provisional  safeguard  measures.  Another  safeguard 
proceeding  was  initiated  on  PET  (Polyethylene  terephthalate).  Turkey  is  also  considering 
extending  three  safeguard  measures  on  frames  for  spectacles,  bags  and  cotton  yarn,  which 
have been in force for three years. 

There has been progress on bilateral agreements with third countries. During the reporting 
period, free trade agreements with Jordan and Chile entered into force. Turkey signed a free 
trade agreement with Lebanon. 

Although Turkey's level of coordination with the EU within the WTO, in particular as regards 
the Doha Development Agenda, has been satisfactory, there is still room for improvement in 

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this area, particularly in the field of agriculture and trade facilitation. Coordination within the 
OECD has been satisfactory. 

There has been no progress in neither medium and long term export credits to companies, nor 
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 in 2010 was about € 730 million, 
reaching  approximately  0.15  ODA/GNI.  The  level  of  alignment  in  this  field  remained 
satisfactory. 

'External relations' is one of eight chapters covered by the conclusions on Turkey adopted by 
the Council (GAERC) 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 where the last port of call was Cyprus, 
Turkey will not be in a position to fully implement the acquis relating to this chapter. 

Conclusion 

Turkey  has  achieved  a  high  level  of  alignment  in  the  area  of  common  commercial  policy, 
mainly  owing  to  the  Customs  Union.  Some  discrepancies  still  remain  in  areas  such  as  the 
general system of preferences or control of dual use goods. 

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  the  Middle  East  peace  process,  Western  Balkans, 
Afghanistan/Pakistan,  the  Southern  Caucasus  and  developments  in  North  Africa  and  in  the 
Middle  East.  Taking  into  account  that  Turkey  has  become  more  active  in  its  wider 
neighbourhood, and in view of intensifying dialogue with Turkey on issues of mutual interest 
informal  policy  talks  were  launched  in  May  2011.  (Concerning  relations  with  other 
enlargement  countries  and  Member  States,  see  Political  criteria  2.3  –  Regional  issues  and 
international obligations). 

As regards the common foreign and security policy (CFSP), in the reporting period Turkey 
aligned  itself,  when  invited,  with 32  out  of  the 67  relevant  EU  declarations  and  Council 
decisions (48% alignment). 

Bilateral  relations  with  Iraq  continued  to  improve,  Turkey  has  maintained  close  official 
contacts with the Iraqi authorities, and the Prime Minister visited Iraq, including the Kurdish 
Regional Government. Turkey engaged with Iran on the nuclear dossier. Turkey did not align 
itself with restrictive measures imposed by the EU on Iran, in addition to the fourth round of 
UNSC sanctions. On 21-22 January 2011, talks between the P5+1 chaired by the EU and Iran 
took place in Istanbul. 

As regards the Middle East, Turkey's relations with Israel have further deteriorated since the 
Gaza  Flotilla  incident  in  2010.  After  the  publication  of  the  independent  UN  report,  Turkey 
downgraded  relations  with  Israel  and  suspended  military  agreements  with  Israel.  Turkey 
welcomed the agreement on Palestinian reconciliation brokered in May 2011. 

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Turkey closely followed events in Syria. Turkey issued a call to refrain from disproportionate 
and  excessive  use  of  force,  and  for  continued  reform  efforts.  Since  the  beginning  of  the 
unrest, Turkey provided humanitarian assistance to more than 18,000 fleeing Syrians, hosted 
in  seven  camps  along  the  Syrian  border.  Turkey  did  not  align  itself  with  EU  restrictive 
measures with regard to Syria  

Turkey was actively involved in promoting a solution to the political crisis in Lebanon which 
unfolded  in  January  2011.  An  agreement  on  setting  up  a  free  trade  zone  encompassing 
Lebanon, Turkey, Jordan and Syria was signed in November 2010. As regards developments 
in  North  Africa,  Turkey  was  vocal  on  the  need  for  a  change  of  regime  in  Egypt.  Turkey 
expressed support for the people's aspirations in Tunisia. 

Turkey eventually agreed to support NATO's command of operations for the enforcement of 
UNSC  Resolutions  1970  and  1973  on  Libya. Turkey did not align itself with EU restrictive 
measures  with  regard  to  Libya.  Turkey  is  a  member  of  the  contact  group.  Turkey  provided 
substantial  humanitarian  assistance  to  Libya.  The  Foreign  Minister  described  Gaddafi's 
ousting  as  a  historical  moment  for  Libya.  As  regards  relations  with  the  Southern  Caucasus 
and Central Asia, Turkey hosted the 11th Summit of the Economic Cooperation Organisation 
(ECO)  on  23  December  2010.  Turkey  holds  the  chairmanship  of  the  Conference  on 
Interaction and Confidence Building Measures in Asia (CICA) until June 2012. The protocols 
signed with Armenia in 2009 to normalise relations are still not ratified. 

Turkey  continued  its  efforts  to  enhance  cooperation  with  and  between  Afghanistan  and 
Pakistan.  Turkey  hosted  the  Fourth  Regional  Economic  Cooperation  Conference  on 
Afghanistan  (RECCA)  on  3  November  2010  in  Istanbul.  Turkey  furthermore  provided 
substantial  humanitarian  assistance  and  funded  several  projects  in  the  fields  of  health, 
education and training in Afghanistan. 

Turkey-Russia relations developed positively, with a number of high level visits. 

As regards relations with the United States of America, Turkey and the US consulted regularly 
on regional developments. US-Turkish cooperation on security and counterterrorism remained 
firm, including in tripartite format with Iraq. 

No  particular  development  can  be  reported  as  regards  restrictive  measures  apart  from  the 
issues described above. 

Concerning the non-proliferation of weapons of mass destruction, Turkey is party to all the 
existing  international  arrangements.  Turkey  hosted  the  second  preparatory  conference  for  a 
Global Counter Terrorism Forum in Istanbul in April 2011. Turkey has not aligned itself with 
the  EU  position  on  membership  of  the  Wassenaar  Arrangement  on  Export  Controls  for 
Conventional Arms and Dual-Use Goods and Technologies (for dual-use goods, see Chapter 
30 – External relations). 

With regard to cooperation with international organisations, Turkey did not sign the statute 
of the International Criminal Court. In April 2011, the EU reiterated its invitation to Turkey to 
do  so  as  soon  as  possible.  Turkey  announced  in  May  2011  its  'early'  candidacy  for  a  non-
permanent  seat  in  the  UN  Security  Council.  Turkey  supported  the  UNGA  resolution  on  the 
participation of the EU in the work of the UN. Turkey has held the Secretariat General of the 
Organisation  of  the  Islamic  Conference  since  2005  and  has  observer  status  in  the  African 

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Union. Turkey held the rotating chairmanship of the Committee of Ministers of the Council of 
Europe between 10 November 2010 and 11 May 2011. 

There  have  been  no  particular  developments  with  regard  to  security  measures  (classified 
information). 

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  made  efforts  to  normalise  relations  with  its  neighbouring  countries,  such  as  Iraq, 
including  the  Kurdish  regional  government.  No  progress  was  made  in  the  normalisation  of 
ties  with  Armenia.  Relations  with  Israel  have  further  deteriorated  since  the  Gaza  Flotilla 
incident  in  2010.  Turkey  strengthened  relations  with  Russia.  Turkey  engaged  more  than 
previously  in  the  provision  of  humanitarian  aid,  in  particular  to  Libya,  Pakistan  and 
Afghanistan. The issue of EU-NATO cooperation that would involve all EU Member States 
beyond  the  'Berlin  plus  arrangements'  remains  to  be  resolved.  Turkey's  alignment  with  the 
EU's common foreign and security policy has continued. However, overall Turkish alignment 
with CFSP declarations decreased during the reporting period, when compared to earlier such 
periods, and  Turkey  did not  align with the EU  restrictive measures on Iran, Libya or  Syria. 
Turkey  has  not  aligned  itself  with  the  EU  position  on  membership  of  the  Wassenaar 
Arrangement. 

4.32.  Chapter 32: Financial control 

Some  progress  on  public  internal  financial  control  (PIFC)  can  be  reported.  The  Internal 
Audit  Coordination  Board  issued  the  2011-2013  Public  Internal  Audit  Strategy  determining 
the  steps  for  reinforcing  the  internal  audit  function  in  Turkey.  The  Board  also  organised  a 
number  of  events  for  dissemination  of  good  practices  in  internal  audit.  The  Central 
Harmonisation  Unit  for  Financial  Management  and  Control  (CHU-FMC)  conducted  a  gap 
analysis  and  drafted  an  action  plan  for  improvement  of  financial  management  and  control 
practices. It is yet to be adopted. 

The  2002  Public  Internal  Financial  Control  (PIFC)  Policy  Paper  fails  to  address  the  current 
challenges. The Policy Paper and the related Action Plan therefore need to be updated, which 
is a key element for the accession negotiations in this chapter. These documents will need 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). An operational manual on internal control has been prepared. The Ministry 
of  Finance  needs  to  strengthen  its  steering  role  in  the  reform  process.  Alignment  with  the 
acquis in this domain is advanced. 

There was significant progress in the area of external audit. The revised law of the Turkish 
Court of Accounts was enacted in December 2010, which is a key element for the accession 
negotiations  in  this  chapter.  This  law  provides  the  institution  with  the  legal  and  structural 
bases  for  its  extended  mandate,  now  also  including  public  corporations,  etc.,  and  further 

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aligned the external audit practices with relevant international standards. The implementation 
of  this  law  will  be  subject  to  further  scrutiny.  In  order  to  carry  out  its  budgetary  oversight 
function effectively, the Parliament will need to establish the necessary institutional structure 
and secure the expertise to analyse the technical reports to be submitted by the Turkish Court 
of Accounts. 

Some  progress  can  be  reported  on  the  protection  of  the  EU's  financial  interests.  The 
operational  cooperation  between  the  European  Anti-Fraud  Office  (OLAF)  and  the  Prime 
Ministry  Inspection  Board  (PMIB)  and  other  relevant  institutions  continued  in  assessments 
and investigations of suspected fraud cases. The PMIB continued to reinforce its function as 
the permanent body responsible for the cooperation with OLAF and coordination of relevant 
national  authorities  in  combating  fraud.  As  Turkey's  Anti-Fraud  Coordination  Service 
(AFCOS),  it  needs  to  ensure  operational  independence  in  reporting  and  carrying  out  its 
coordination  tasks,  as  well  as  ensuring  the  effective  functioning  of  the  Turkish  anti-fraud 
network in addressing the prevention, detection and follow-up of cases. 

No development can be reported in the implementation of the Convention on the Protection of 
the  European  Communities'  Financial  Interests  (PIF  Convention)  and  its  Protocols.  Turkey 
will  need  to  ensure  better  monitoring  of  the  actual  implementation  of  the  Convention. 
Preparations are moderately advanced in this area. 

Some  progress  can  be  reported  on  the  protection  of  the  Euro  against  counterfeiting.  The 
Counterfeit Tracking System continues to operate among the Treasury, the Central Bank, the 
Public  Prosecutor's  Office,  the  Turkish  National  Police  and  the  Gendarmerie  General 
Command.  The  Turkish  National  Police  was  officially  appointed  to  serve  as  the  'National 
Contact  Office'  (NCO)  to  ensure  cooperation  with  the  EU  institutions  as  a  part  of  the 
Counterfeit  Tracking  System.  The  centralisation  of  technical  and  police  information  at  the 
NCO  needs  to  be  improved.  The  Turkish  legislation  does  not  entail  any  sanctions  against 
credit institutions which fail to withdraw counterfeits and medals and tokens similar to euro 
coins  from  circulation.  Turkey  is  a  proactive  participant  in  the  Pericles  programme  through 
trainings  and  it  has  hosted  three  Pericles  events  during  the  last  three  years.  With  respect  to 
Euro coins, a cooperation agreement was signed between OLAF and the Under-secretariat of 
the  Treasury.  Exchange  of  technical  information  in  this  area  works  effectively.  Turkish 
institutions  have  prepared  a  Road  Map  for  strengthening  the  cooperation  between  the 
Republic  of  Turkey  and  Europol,  to  enact  the  'Operational  Cooperation  Agreement'  with 
Europol. Preparations in the field of protection of the Euro are moderately advanced. 

Conclusion 

Some  progress  can  be  reported  in  the  area  of  financial  control,  which  already  has  a  fairly 
advanced level of alignment. Legislation implementing the PFMC Law is fully in force. The 
PIFC Policy Paper and the action plan need to be revised. The adoption of the Turkish Court 
of  Accounts  Law  was  a  significant  step  in  further  aligning  external  audit  with  relevant 
international  standards.  The  Turkish  AFCOS  needs  to  continue  reinforcing  its  coordination 
function,  its  operational  independence  and  its  operational  network.  The  level  of  Turkey's 
overall state of preparedness in this chapter is moderately advanced. 

4.33.  Chapter 33: Financial and budgetary provisions 

There are no specific developments to report regarding the preparations for the application of 
the  own  resources  system,  covering  traditional  own  resources,  the  VAT  resource  and  the 

EN 

109 

   EN 

 
GNI  resource.  Alignment  with  the  acquis  under  the  policy  areas  (agriculture,  customs, 
taxation,  statistics  and  financial  control)  related  to  the  application  of  this  system  continued. 
The Turkish customs legislation largely complies with the acquis. However, complementary 
efforts are necessary for full alignment and implementation. 

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

Conclusion 

Progress in the policy areas underlying and affecting this chapter can be reported as limited. 
No progress can be reported as regards the administrative preparations for setting up the own 
resources system itself. Preparedness in the area of financial and budgetary provisions is at an 
early stage 

EN 

110 

   EN 

 
STATISTICAL DATA (as of 30.09.2011) 
Turkey 

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

Note 

1) 

2005 
2000 
66 889 
71 610 
783 562  783 562  783 562  783 562  783 562  783 562 

2003 
69 770 

2001 
67 896 

2002 
68 838 

2004 
70 692 

Statistical Annex 

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 (%) 

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 (2005=100) 

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

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) 

2006 
72 520 
783 562 

2007 
69 689b 
783 562 

2008 
70 586 
783 562 

2009 
71 517 
783 562 

2010 
72 561 
783 562 

2006 
758 391 
419 013 
6 038 
10 500 
44 

2007 
843 178 
472 879 
6 735 
11 300 
45 

2008 
950 534 
501 339 
7 052 
11 700 
47 

2009 

2010 

952 559  1 105 101 
550 506 
440 942 
7 541 
6 120 
11 800 
10 700 
48 
45 

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 

3 690 
7 400 
36 

4 027 
7 400 
36 

4 641 
8 600 
40 

5 654 
9 500b 
42b 

2) 
2) 
2) 

4 505 
8 000 
42 

6.8 
: 

: 
: 

3 375 
7 400 
37 

-5.7 
: 

: 
: 

6.2 
: 

: 
: 

5.3 
: 

: 
: 

9.4 
: 

: 
: 

8.4 
: 

: 
: 

6.9 
: 

: 
: 

4.7 
: 

: 
: 

0.7 
: 

: 
: 

-4.8 
: 

: 
: 

8.9 
: 

: 
: 

53.4f 

49.2f 

49.2f 

49.8f 

54.1f 

58.2f 

61.7f 

63.7f 

65.4f 

62.0f 

62.3f 

10.8 
24.6 
5.4 
59.2 
82.2 
20.4 
0.4 
20.1 
23.1 

2000 
79.5 

2000 
: 

9.4 
23.8 
4.7 
62.1 
80.8 
15.9 
-0.9 
27.4 
23.3 

2001 
72.6 

2001 
: 

11.4 
23.2 
4.6 
60.8 
80.8 
16.7 
0.9 
25.2 
23.6 

2002 
79.5 

2002 
: 

11.1 
23.5 
4.5 
60.8 
83.4 
17.0 
0.6 
23.0 
24.0 

2003 
86.4 

2003 
: 

10.7 
23.0 
5.0 
61.3 
83.2 
20.3 
-1.0 
23.6 
26.2 

2004 
94.9 

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 
107.3 

2006 
9.3 

8.5 
22.3 
5.4 
63.7 
84.1 
21.4 
-0.4 
22.3 
27.5 

2007 
114.8 

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 
10.5 

9.1 
21.1 
4.2 
65.6 
86.2 
16.9 
-1.9 
23.3 
24.4 

2009 
102.9 

2009 
6.5 

9.4 
21.5 
4.6 
64.5 
85.4 
18.7 
1.4 
21.1 
26.6 

2010 
116.4 

2010 
6.4 

2000 
-10 741 
-23 882 
12 316 

2001 
4 198 
-3 755 
10 201 

2002 
-662 
-6 758 
8 339 

2003 
-6 643 
-11 925 
9 292 

2004 
-11 601 
-18 278 
10 288 

2005 
-17 932 
-26 590 
12 182 

2006 
-25 684 
-32 698 
10 796 

2007 
-28 044 
-34 186 
9 692 

2008 
-28 528 
-36 049 
11 770 

2009 
-10 031 
-17 816 
12 008 

2010 
-36 606 
-42 480 
10 764 

Note 
3) 

Note 

Note 

EN 

111 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
  
  
  
  
  
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 (%) 

Note 

-4 333 
5 158 
221 
121 
-942 
-892 
1 063 
1 226 

2000 
: 
: 

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 (%) 

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) 

-5 583 
3 335 
224 
3 188 
-555 
-486 
3 743 
3 178 

2001 
-33.0 
77.9 

2001 
57.7 
362.5 
8 965 

-4 816 
2 573 
526 
993 
-151 
-50 
1 144 
831 

2002 
-12.9 
74.0 

2002 
56.2 
359.3 
9 291 

-4 912 
902 
257 
1 080 
-424 
-129 
1 505 
530 

2003 
-11.3 
67.7 

-4 509 
898 
252 
1 612 
-627 
-200 
2 239 
1 098 

2004 
-4.5 
59.6 

-4 693 
1 169 
485 
7 208 
-855 
-347 
8 063 
3 632 

2005 
-0.6 
52.7 

-5 301 
1 520 
495 
15 340 
-736 
-492 
16 076 
11 574 

2006 
0.8 
46.5 

2003 
47.3 
304.9 
13 188 

2004 
41.2 
254.9 
15 762 

2005 
35.3 
231.2 
38 978b 

2006 
39.5 
242.8 
38 616 

-5 186 
1 637 
590 
14 550 
-1 537 
-973 
16 087 
9 932 

2007 
-1.0 
39.9 

2007 
38.5 
232.6 
44 644 

-5 685 
1 437 
495 
11 528 
-1 733 
-574 
13 261 
8 215 

2008 
-2.2 
40.0 

2008 
37.8 
212.3 
39 927 

-5 871 
1 648 
853 
4 917 
-1 113 
-566 
6 030 
3 804 

2009 
-6.7 
46.1 

2009 
43.5 
262.8 
49 691 

-5 898 
1 009 
425 
5 502 
-1 340 
-698 
6 842 
4 088 

2010 
: 
41.6 

2010 
39.3 
254.0 
65 976 

Note 

4) 5) 

2000 
44.7 
427.0 
12 205 

4) 6) 
 4) 7) 

51 591 
54 207 

37 253 
38 973 

36 325 
38 041 

47 398 
50 488 

59 415  150 152b  160 193 
63 411  164 302b  171 832 

201 366 
215 308 

203 840 
214 473 

228 237 
240 246 

286 595 
299 805 

8) 
9) 

44 492 
56.0 
51.2 
38.2 
0.574 
100.0 
25 331 

26 977 
95.5 
78.8 
62.2 
1.094 
46.8e  
22 660 

20 035 
49.6 
53.7 
53.9 
1.430 
40.1e  
26 949 

29 025 
36.1 
42.8 
40.3 
1.685 
40.4e  
28 134 

43 328 
22.0 
29.1 
23.6 
1.768 
39.3e  
27 654 

83 772 
15.1 
23.8 
19.9 
1.670 
43.6e  
44 277 

100 358 
15.8 
19.0 
21.5 
1.800 
39.1e  
48 116 

140 157 
17.3 
20.1 
22.3 
1.778f  
44.5e  
52 058 

138 301 
16.1 
19.7 
22.9 
1.896 
: 
52 442 

153 867 
9.2 
19.7 
17.2 
2.151 
: 
52 160 

231 862 
6.6 
14.8 
15.0 
1.989 
: 
64 874 

Note 

2000 

2001 

2002 

2003 

2004 

2005 

2006 

2007 

2008 

2009 

2010 

59 444.4 46 255.8 54 478.3  60 136.0 78 457.9 93 362.5 111 054.5 123 906.0 136 394.9 100 712.8  138 623.1 
67 732.8  77 678.6  89 023.8  72 847.8  84 827.9 
30 181.9 35 062.2 38 137.1  41 515.9 50 721.1 58 778.1
-53 795.2 
-29 262.5 -11 193.5 -16 341.3  -18 620.1 -27 736.8 -34 584.4 -43 321.6 -46 227.5 -47 371.1 -27 865.1 
98.2 
46.2 
41.7 

100.0 
56.3 
52.4 

101.7 
58.1 
49.4 

101.0 
56.5 
45.2 

100.3 
56.6 
40.4 

102.0 
46.0 
42.6 

96.4 
56.0 
47.9 

95.2 
56.6 
49.8 

99.8 
58.3 
50.6 

97.0 
56.3 
42.6 

97.2 
48.2 
37.0 

10) 

Note 

2000 

2001 

2002 

2003 

2004 

2005 

2006 

2007 

2008 

2009 

2010 

14.1 

13.7 

13.5 

13.2 

12.9 

12.6 

12.4p 

11.4b 

11.4 

10.8 

11.2 

28.9 
: 
: 

27.8 
: 
: 

26.7 
: 
: 

25.6 
: 
: 

24.6 
: 
: 

23.6 
: 
: 

22.6 
: 
: 

16.8 
: 
: 

16.1 
: 
: 

15.3 
: 
: 

13.2 
: 
: 

EN 

112 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 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 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/HICP) (2000=100) 
* Early school leavers - Share of population aged 18-24 with at most lower 
secondary education and not in further education or training (%) 

Standard of living 
Number of passenger cars per 1000 population 
Number of subscriptions to cellular mobile telephone services per 1000 
population 

Note 

2000 

2001 

2002 

2003 

2004 

2005 

2006 

2007 

2008 

2009 

2010 

11) 
11) 
11) 
11) 

: 

: 
: 
: 

: 

: 
: 
: 
: 
: 
: 
: 

: 

: 

: 

: 
: 
: 

: 

: 
: 
: 
: 
: 
: 
: 

: 

: 

: 

: 
: 
: 

: 

: 
: 
: 
: 
: 
: 
: 

: 

: 

: 

: 
: 
: 

: 

: 
: 
: 
: 
: 
: 
: 

: 

: 

: 

: 
: 
: 

: 

: 
: 
: 
: 
: 
: 
: 

: 

: 

: 

: 
: 
: 

: 

: 
: 
: 
: 
9.2 
9.1 
9.3 

49.0

44.6
66.9
22.7

27.7

23.8 
21.0 
5.9 
49.3 
8.7 
8.6 
9.1 

49.1

44.6
66.8
22.8

27.2

23.2 
20.9 
6.0 
49.9 
8.8b 
8.7b 
9.1b 

49.8

44.9
66.6
23.5

27.5

50.8 

51.9 

44.3 
64.5 
24.2 

46.3 
66.7 
26.2 

28.2 

29.6 

23.4 
21.0 
5.9 
49.7 
9.7 
9.6 
10 

22.6b 
19.3b 
6.2b 
51.9b 
12.5 
12.5 
12.6 

23.5 
20.0 
6.4 
50.2 
10.7 
10.4 
11.4 

17.4 

16.4 

17.2b 

18.4 

22.7 

19.7 

: 

2.7 

2.3 

2.3 

2.8 

2.8 

Note 
12) 

2000 
: 

2001 
: 

2002 
419.0 

2003 
543.0 

2004 
602.0 

2005 
667.0 

2006 
756.0 

2007 
859.0 

2008 
956.0 

2009 
1 084.0 

2010 
: 

: 

: 

: 

: 

: 

: 

: 

: 

: 

: 

: 

13) 

58.1 

58.1 

55.1 

52.9 

52.2b 

50.0 

49.1 

47.2 

45.7 

44.5 

43.3 

Note 

2000 
66.1 

2001 
66.8 

2002 
66.8 

2003 
67.4 

2004 
76.4 

2005 
80.6 

2006 
84.7 

2007 
92.9 

2008 
96.3 

2009 
99.2 

2010 
104.0 

225.2 

269.5 

338.8 

399.7 

491.0 

609.0 

726.2 

889.3 

932.5 

877.8 

: 

Infrastructure 
Density of railway network (lines in operation, per 1000 km²) 
Length of motorways (thousand km) 

Note 

2000 
11.1 
1.8 

2001 
11.1 
1.9 

2002 
11.0 
1.9 

2003 
11.1 
1.9 

2004 
11.1 
1.9 

2005 
11.1 
1.8 

2006 
11.1 
2.0 

2007 
11.1 
2.0 

2008 
11.1 
2.0 

2009 
11.5 
2.0 

2010 
: 
: 

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) 

Note 

2000 

2001 

2002 

2003 

2004 

2005 

2006 

2007 

2008 

2009 

2010 

14) 

Note 

2.6 
0.6 
: 

2.3 
0.7 
: 

2.8 
0.7 
: 

3.0 
0.6 
: 

3.0 
0.7 
7.0 

3.1 
0.8 
8.0 

3.0 
0.8 
: 

2000 
158.8 

2001 
148.7 

2002 
153.0 

2003 
161.9 

2004 
167.0 

2005 
176.4 

2006 
187.0 

3.3 
0.7 
19.7b 

2007 
203.2 

3.0 
0.7 
25.4 

3.9 
0.9 
30.0 

2008 
196.0 

2009 
197.6 

3.7 
: 
41.6 

2010 
: 

EN 

113 

EN 

 
  
 
 
 
 
 
 
  
  
  
  
  
  
  
  
  
  
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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)  

295.2 

293.2 

286.8 

291.5 

279.2 

267.1 

273.3 

282.0 

261.5 

274.0 

24.3 
94.3 

19.1 
95.3 

25.6 
95.5 

25.2 
94.6 

30.9 
94.4 

24.7 
94.4e 

25.5 
94.3 

19.1 
: 

17.3 
: 

19.7 
: 

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) 

Note 

2000 
26 047 
2 887 
12 487 
582 
54 291 
80 500 
124.9 

2001 
24 576 
2 679 
12 282 
284 
49 536 
75 402 
122.7 

2002 
24 281 
2 564 
11 360 
344 
54 234 
78 331 
129.4 

2003 
23 783 
2 494 
10 777 
510 
60 505 
83 826 
140.6 

2004 
24 332 
2 389 
10 532 
644 
63 232 
87 818 
150.7 

2005 
24 549 
2 395 
11 213 
816 
67 266 
91 074 
162.0 

2006 
26 580 
2 284 
13 087 
839 
73 256 
99 642 
176.3 

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 
30 328 
2 349 
17 402 
627 
75 295 
106 138 
194.1 

: 

: 
: 

2010 
: 
: 
: 
: 
: 
: 
: 

: 

: 

: 

15) 

Note 

2006 

2009 

2008 

2007 

2003 

2002 

2005 

2004 

2001 

2000 

104.2 
38 757 
10 761 
3 
35 693 

93.3 
40 967 
10 548 
3 
33 994 

108.5 
41 196 
9 803 
4 
31 954 

98.0 
40 645 
9 788 
7 
32 203 

101.6 
41 210 
10 069 
4 
31 811 

106.9 
41 223 
10 526 
2 
31 822 

: 
40 496 
10 871 
1 
32 260 

: 
39 505 
11 037 
2 
31 749 

: 
39 122 
10 860 
2 
29 568 

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) 
: = not available 
p = provisional 
e = estimated value 
b = break in series 
f = forecast 
* = Europe 2020 indicator 
The  balance  of  payments  sign  conventions  are  used  for  FDI.  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. 
Footnotes: 
1) 
2) 
3) 
4) 
5) 
6) 
7) 

Including lakes. 
Mid-year population figures used. 
Industrial production index according to NACE Rev. 2; index data prior to 2005 are backcasted using exchange ratio regarding average of 1997 and 2005 years 
Before December 2005, M1 included currency in circulation and demand desposits (TRY). From December 2005 onwards, M1 included currency circulation and demand deposits (TRY,FX). 
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. 
Before December 2005, M2 included M1 and time deposits (TRY). From December 2005 onwards, M2 included M1 and time deposits (TRY,FX). 
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. 

: 
38 911 
10 724 
2 
26 878 

32 108 
18 821 
22 357 

29 426 
12 633 
21 930 

30 686 
16 523 
23 698 

30 658 
12 623 
24 018 

29 287 
15 488 
27 218 

33 957 
13 517 
23 215 

36 471 
15 181 
24 320 

33 577 
17 275 
26 780 

34 642 
14 452 
24 017 

29 256 
12 415 
25 676 

: 

: 

: 

: 

: 

: 

: 

: 

2010 

: 
39 032 
: 
: 
: 

32 749 
17 942 
25 997 

EN 

114 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8) 
9) 
10) 
11) 
12) 
13) 
14) 
15) 

Averages of monthly data, lending to enterprises more than one year. 
Averages of monthly data, up to one year or longer. 
Indices were based on 1994 from 1995 to 2002, after 2002, based on 2003. The base year of the both indices has been rearranged as 2000=100. 
Data for 2006-2008 based on NACE Rev.1.1, data for 2009-2010 based on NACE Rev.2 
2002-2005, data based on Household Budget Survey, 2006-2009, data based on Income and Living Conditions Survey. 
Annual LFS results; the variable "participation in non formal education or training (COURATT)" was added into the calculation from 2004. 
From 2007 onwards, calculated according to mid-year population estimates. 
Excluding buffaloes. 

EN 

115 

EN