Proposal for a COUNCIL DECISION on the position to be adopted on behalf of the European Unionin the EU-Turkey Association Council
Date: 2012-03-07
Institutions: European Commission
Subjects: Türkiye, association agreement (EU), tariff agreement, technical barriers to trade

EUROPEAN COMMISSION 

Brussels, 7.3.2012  
COM(2012) 92 final 

2012/0041 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted on behalf of the European Union 
in the EU-Turkey Association Council 

 
 
  
 
EXPLANATORY MEMORANDUM 

The  Agreement  of  12  September  1963  establishing  an  association  between  the  European 
Economic  Community  and  Turkey1  (hereinafter  referred  to  as  "the  Ankara  Agreement") 
entered into force on 1 December 1964. Pursuant to Article 22 of the Ankara Agreement, the 
EU-Turkey  Association  Council  may  adopt  appropriate  decisions  for  the  attainment  of  an 
objective  of  this  Agreement.  On  22  December  1995,  the  Association  Council  adopted 
Decision No 1/95 on implementing the final phase of the Customs Union2.  

The  proper  functioning  of  the  Customs  Union  requires  that  Turkey  incorporates  into  its 
internal  legal  order  the  Union  instruments  relating  to  the  removal  of  technical  barriers  to 
trade.  To  that  effect,  Decision  No  2/97  of  the  Association  Council  established  the  list  of 
relevant  Union  instruments  in  force  at  that  time. However,  the  continued  evolution  of  the 
Union acquis with regard to technical barriers to trade requires an expedient procedure to up-
date Decision No 2/97. Furthermore, the continued evolution of the Union acquis requires the 
systematic  update  of  the  Union  instruments  relating  to  the  removal  of  technical  barriers  to 
trade that Turkey needs to incorporate into its internal legal order. To this end the amendment 
of some Articles of Decision No 1/95 is necessary.  

This proposal for a Council Decision defines the position to be taken by the European Union 
in the EU-Turkey Association Council with regard to the amendment of Articles 8, 9 and 52 
of the Association Council Decision No 1/95. 

1 
2 

OJ 217, 29.12.1964, p. 3687 
OJ L35, 13.2.1996, p.1 

EN 

2 

   EN 

 
                                                 
2012/0041 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted on behalf of the European Union 
in the EU-Turkey Association Council 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 217, in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

The  Agreement  of  12  September  1963  establishing  an  association  between  the 
European  Economic  Community and Turkey1 (hereinafter referred to as "the Ankara 
Agreement") entered into force on 1 December 1964. 

Pursuant to Article 22 of the Ankara Agreement, the EU-Turkey Association Council 
may adopt appropriate decisions for the attainment of an objective of this Agreement.  

On  22  December  1995,  the  Association  Council  adopted  Decision  No  1/95  on 
implementing the final phase of the Customs Union2.  

The  proper  functioning  of  the  Customs  Union  requires  that  Turkey  incorporates  into 
its  internal  legal  order  the  Union  instruments  relating  to  the  removal  of  technical 
barriers to trade.  

To  that  effect,  Decision  No  2/97  of  the  Association  Council  established  the  list  of 
relevant Union instruments in force at that time. The continued evolution of the Union 
acquis with regard to technical barriers to trade requires an expedient procedure to up-
date Decision No 2/97. 

The  continued  evolution  of  the  Union  acquis  requires  the  systematic  update  of  the 
Union  instruments  relating  to  the  removal  of  technical  barriers  to  trade  that  Turkey 
needs to incorporate into its internal legal order. To this end the amendment of some 
Articles of Decision No. 1/95 is necessary, 

1 
2 

OJ 217, 29.12.1964, p. 3687 
OJ L35, 13.2.1996, p.1 

EN 

3 

   EN 

 
                                                 
HAS ADOPTED THIS DECISION:  

Article 1 

The position to be taken by the European Union in the EU-Turkey Association Council shall 
be based on the draft Decision of that Association Council, attached to this Decision. 

Minor changes to the draft Decision may be agreed to by the representatives of the Union in 
the Association Council without further decision of the Council. 

After its adoption, the Decision of the EU-Turkey Association Council shall be published in 
the Official Journal of the European Union. 

Article 2 

Article 3 

This Decision shall enter into force on the day of its adoption. 

Done at Brussels,  

For the Council 
The President

EN 

4 

   EN 

 
 
 
Annex 

Draft  

DECISION No […/2011] OF THE EU-TURKEY ASSOCIATION COUNCIL 

of [...] 

amending Articles 8, 9 and 52 of Decision 1/95 of the EC-Turkey Association Council 

THE EU-TURKEY ASSOCIATION COUNCIL, 

Having  regard  to  the  Agreement  of  12  September  1963  establishing  an  association  between 
the European Economic Community and Turkey, and in particular Article 22(3) thereof, 

Whereas:  

(1) 

(2) 

(3) 

(4) 

(5) 

In accordance with Article 8 of Decision No 1/95 of 22 December 1995 of the EC-
Turkey  Association  Council  on  implementing  the  final  phase  of  the  Customs 
Union 1,  Turkey  has  to  incorporate  into  its  internal  legal  order  the  Community 
instruments relating to the removal of technical barriers to trade.  

To that effect, the Association Council has adopted on 2 June 1997 Decision No 2/97 
establishing  the  list  of  Community  instruments  relating  to  the  removal  of  technical 
barriers  to  trade  and  the  conditions  and  detailed  arrangements  governing  their 
implementation by Turkey 2. 

The continued evolution of the Union acquis with regard to technical barriers to trade 
requires an expedient procedure to up-date Decision No 2/97. 

Articles 8, 9 and 52 of Decision No 1/95 should be amended in order to allow for the 
continued updating of the relevant Association Council Decision. 

This  decision  is  without  prejudice  to  any  position  that  Turkey  may  take  in  the 
accession negotiations of the relevant chapters, 

HAS ADOPTED THIS DECISION:  

Article 1 

The following sub-paragraphs shall be added to Article 8 (2) of Decision No 1/95: 

"The  European  Commission  shall,  at  the  beginning  of  each  year,  propose  to  the  Customs 
Union  Joint  Committee  an  up-dated  list  of  European  Union  instruments  by  adding  newly 
adopted  acts  and  deleting  the  acts  which  are  no  longer  relevant.  The  Customs  Union  Joint 
Committee  shall  adopt  the  up-dated  list  of  the  European  Union  instruments  within  four 

1 
2 

OJ, L35, 13.2.1996, p. 1. 
OJ L191, 21.7.1997, p. 1. 

EN 

5 

   EN 

 
                                                 
months from the date of presentation of the proposal. If the Customs Union Joint Committee 
cannot reach an agreement on the inclusion of a new act in this list or on the date by which 
Turkey shall incorporate a particular act into its internal legal order, it shall adopt the list of 
acts on which there is agreement, and the Association Council shall decide on the other acts 
referred to in the proposal from the Commission.  

Turkey  shall  incorporate  into  its  internal  legal  order  the  newly  adopted  acts  as  soon  as 
possible,  and  at  the  latest  within  fifteen  months  from  the  date  of  the  decision  on  their 
incorporation  by  the  Customs  Union  Joint  Committee  or  the  Association  Council,  unless  a 
longer period is specified in the act itself or otherwise specified by the Customs Union Joint 
Committee or the Association Council." 

Article 2 

The  following  sub-paragraph  shall  be  added  to  the  beginning  of  Article  9  of  Decision  No 
1/95: 

"Where  the  assessment  of  the  Commission  is  needed  for  draft  Turkish  legislation,  the 
Commission  shall  send  its  comments  within  three  months  or  in  duly  justified  specific  cases 
within  six  months  from  the  date  of  notification.  The  overall  period  of  time  spent  by  the 
Commission for reacting to the Turkish draft legislation shall not be considered as part of the 
period  in  which  Turkey  has  to  incorporate  into  its  internal  legal  order  the  newly  adopted 
European  Union  acts  in  accordance  with  Article  8(2).  The  Commission  shall  keep  Turkey 
informed of the expected time of response. The Parties will work closely together to ensure 
that Turkish legislation is fully and timely aligned with the European Union acts." 

Article 3 

The following new sub-paragraph shall be added to Article 52 of Decision No 1/95: 

"The  Customs  Union  Joint  Committee  shall  adopt  each  year  the  up-dated  list  of  European 
Union instruments referred to in Article 8." 

The  instruments  referred  to  in  Article  1  shall  be  subject  to  horizontal  adaptations  set  out  in 
Annex I of Decision 2/97 of the EC-Turkey Association Council. 

Article 4 

Article 5 

This Decision shall enter into force on the first day following its adoption. 

Done at Brussels, 

  For the EU-Turkey Association Council 

The President 

EN 

6 

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