COMMISSION STAFF WORKING DOCUMENT Turkey 2016 Report Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2016 Communication on EU Enlargement Policy
Date: 2016-11-09
Institutions: Directorate-General for Neighbourhood and Enlargement Negotiations, European Commission
Subjects: Türkiye, accession criteria, accession negotiations, pre-accession strategy

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 9.11.2016  SWD(2016) 366 final   COMMISSION STAFF WORKING DOCUMENT Turkey 2016 Report Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2016 Communication on EU Enlargement Policy {COM(2016) 715 final}  
 
 
Table of Contents 

1.  

INTRODUCTION ....................................................................................................... 3 

1.1. Context .................................................................................................................. 4 
1.2. Summary of the report .......................................................................................... 5 

2.  

POLITICAL CRITERIA AND ENHANCED POLITICAL DIALOGUE .................. 8 

2.1. Democracy ............................................................................................................ 8 
2.2. Public administration reform............................................................................... 14 
2.3. Rule of law .......................................................................................................... 17 
2.4. Human rights and the protection of minorities ................................................... 24 
2.5. Regional issues and international obligations ..................................................... 30 

3.  

ECONOMIC CRITERIA ........................................................................................... 31 

3.1. The existence of a functioning market economy ................................................ 32 
3.2. The capacity to cope with competitive pressure and market forces within the  
Union .......................................................................................................................... 38 

4.  

ABILITY TO ASSUME THE OBLIGATIONS OF MEMBERSHIP ...................... 40 

4.1. Chapter 1: Free movement of goods ................................................................... 40 
4.2. Chapter 2: Freedom of movement for workers ................................................... 42 
4.3. Chapter 3: Right of establishment and freedom to provide services .................. 42 
4.4. Chapter 4: Free movement of capital .................................................................. 43 
4.5. Chapter 5: Public Procurement ........................................................................... 43 
4.6. Chapter 6: Company law ..................................................................................... 45 
4.7. Chapter 7: Intellectual property law .................................................................... 46 
4.8. Chapter 8: Competition policy ............................................................................ 46 
4.9. Chapter 9: Financial services .............................................................................. 48 
4.10. Chapter 10: Information society and media ...................................................... 49 
4.11. Chapter 11: Agriculture and rural development ................................................ 50 
4.12. Chapter 12: Food safety, veterinary and phytosanitary policy ......................... 50 
4.13. Chapter 13: Fisheries......................................................................................... 51 
4.14. Chapter 14: Transport policy ............................................................................ 52 
4.15. Chapter 15: Energy ........................................................................................... 54 
4.16. Chapter 16: Taxation ......................................................................................... 56 
4.17. Chapter 17: Economic and monetary policy ..................................................... 56 
4.18. Chapter 18: Statistics......................................................................................... 57 
4.19. Chapter 19: Social policy and employment ...................................................... 58 
4.20. Chapter 20: Enterprise and industrial policy ..................................................... 60 
4.21. Chapter 21: Trans-European networks .............................................................. 61 
4.22. Chapter 22: Regional policy and the coordination of structural instruments .... 62 
4.23. Chapter 23: Judiciary and fundamental rights .................................................. 62 
4.24. Chapter 24: Justice, freedom and security ........................................................ 77 
4.25. Chapter 25: Science and research ..................................................................... 85 
4.26. Chapter 26: Education and culture .................................................................... 86 
4.27. Chapter 27: Environment and climate change .................................................. 86 
4.28. Chapter 28: Health and consumer protection .................................................... 89 
4.29. Chapter 29: Customs union ............................................................................... 90 
4.30. Chapter 30: External relations ........................................................................... 90 
4.31. Chapter 31: Foreign, security and defence policy ............................................. 91 
4.32. Chapter 32: Financial control ............................................................................ 93 
4.33. Chapter 33: Financial and budgetary provisions ............................................... 95 

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Annex I – Relations between the EU and Turkey .................................................................... 96 

Annex II – Statistical Annex .................................................................................................... 98 

3 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1.  

INTRODUCTION1 

1.1.   Context  

Turkey remains a key partner for the European Union. Turkey has been linked to the EU by an 
Association Agreement since 1964 and a customs union was established in 1995. The European 
Council  granted  the  status  of  candidate  country  to  Turkey  in  December  1999  and  accession 
negotiations were opened in October 2005. At the EU-Turkey Summit of 29 November 2015, 
the EU and Turkey decided to reinvigorate and deepen their relations in all key areas of joint 
interest.  

The  EU  strongly  and  immediately  condemned  the  attempted  coup  of  15  July  2016,  which 
represented a direct attack on democracy in Turkey, and expressed its solidarity to the Turkish 
democratic institutions.  

Given the subsequent scale and collective nature of measures taken since the coup attempt, the 
EU called on the authorities to observe the highest standards in respecting the rule of law and 
fundamental rights, in line with Turkey's international commitments and status as a candidate 
country. 

Within the framework of accession negotiations, 16 chapters have been opened so far and one 
of  these  was  provisionally  closed.  The  preparatory  documents  were  submitted  to  the  Council 
for chapters 15, 26 and 31, without prejudice to Member States' positions in accordance with 
the existing rules. Preparatory documents for chapters 23 on judiciary and fundamental rights 
and  24  on  justice,  freedom  and  security  are  in  the  process  of  being  finalised.  Turkey  can 
accelerate the pace of negotiations by advancing in the fulfilment of the benchmarks, meeting 
the  requirements  of  the  negotiating  framework  and  by  respecting  its  contractual  obligations 
towards the EU. 

The  EU  and  Turkey  continued  to  enhance  dialogue  and  cooperation  in  the  areas  of  joint 
interest, which support and complement the accession negotiations, including with a number of 
mutual visits at the highest level.  Turkey and the EU enhanced their dialogue on foreign and 
security policy, including counter-terrorism, Syria, Libya and Iraq, notably on the occasion of 
two High Level Political Dialogues in January and September 2016. The fight against terrorism 
was  recognised  as  a  priority  at  the  EU-Turkey  Summit  of  29  November  2015  and  was  also 
addressed at the EU-Turkey Counter-Terrorism Dialogue in June 2016, against the background 
of several large-scale deadly terrorist attacks by PKK and Da’esh and Turkey  stepping up its 
involvement in the Global Coalition to Counter ISIL/Da'esh.  

In this context, the cooperation on migration was stepped up on the basis of a Joint Action Plan 
activated  at  the  EU-Turkey  Summit  of  29  November  2015  and  following  the  EU-Turkey 
Statement of 18 March 2016, with  the aim to  end the irregular  migration from Turkey  to  the 
EU, in full compliance with EU and international standards. The handling of the massive influx 
of mostly Syrian refugees has continued to be a priority issue for the Turkish authorities, with 
outstanding  efforts  to  provide  shelter  to  about  3  million  refugees  from  Syria,  Iraq  and  other 
countries,  by  dedicating  significant  financial  resources  and  by  broadening  the  legislation  on 
temporary  protection  and  enabling  access  to  the  labour  market.  Significant  steps  have  been 
taken to decrease deaths at sea and reduce the numbers of migrants leaving Turkey for Greece. 
Turkey accelerated work on fulfilling the benchmarks of the visa liberalisation roadmap. Visa 
requirements will be lifted once Turkey meets all benchmarks. The EU's Facility for Refugees 
in Turkey became operational in February 2016. Out of EUR 3 billion of the total funding for 

1  This  report  covers  the  period  from  October  2015  to  September  2016.  It  is  based  on  input  from  a  variety  of 
sources,  including  contributions  from  the  government  of  Turkey,  the  EU  Member  States,  European  Parliament 
reports and information from various international and non-governmental organisations. As a rule, legislation or 
measures which are under preparation or awaiting parliamentary approval have not been taken into account. 

4 

 
 
 
 
                                                            
 
2016 and 2017, EUR 2.2 billion have already been allocated for actions in support of refugees 
and  host  communities  in  Turkey,  of  which  1.2  billion  have  been  contracted  and  677  million 
have been disbursed. 

Turkey and the EU further developed their cooperation in the areas of energy and economy and 
trade, supported by high level dialogues. Both sides advanced their preparations for negotiation 
on the modernisation and extension of the Customs Union.  

1.2.   Summary of the report 

A military coup attempt on the night of 15 July left 241 casualties and 2 196 people wounded. 
The Turkish government with the support of the entire Turkish political spectrum and society, 
succeeded  in  overcoming  the  coup  attempt.  The  Turkish  Grand  National  Assembly 
symbolically held a special session already on 16 July and adopted a declaration approved by 
all  parties  represented  in  Parliament.  The  government  attributed  the  organisation  of  the  coup 
attempt to the Gülen movement. 

The EU strongly and immediately condemned the attempted coup, which represented a direct 
attack  on  democracy  in  Turkey  as  such,  and  reiterated  its  full  support  to  the  democratic 
institutions of the country.  

On 20 July a state of emergency was declared across Turkey for three months, further extended 
for another three months on 3 October. Significant legislative amendments were introduced by 
decree. Turkey notified the Council of Europe of a derogation from its obligation to secure a 
number  of  fundamental  rights  protected  by  the  European  Convention  on  Human  Rights. 
Following the coup attempt, very extensive suspensions, dismissals, arrests and detentions took 
place  over alleged links to  the Gülen movement and involvement in  the attempted coup. The 
measures affected the whole spectrum of society with particular impact on the judiciary, police, 
gendarmerie,  military,  civil  service,  local  authorities,  academia,  teachers,  lawyers,  the  media 
and the business community. Multiple institutions and private companies were shut down, their 
assets seized or transferred to public institutions.  

In the wake of the post-coup measures, the EU called on the authorities to observe the highest 
standards  in  the  rule  of  law  and  fundamental  rights.  While  a  relationship  of  trust  and  loyalty 
should exist between civil servants and the state and measures can be taken to ensure that, any 
allegation  of  wrongdoing  should  be  established  via  transparent  procedures  in  all  individual 
cases. Individual criminal liability can only be established with full respect for the separation of 
powers, the full independence of the judiciary and the right of every individual to a fair trial, 
including through effective access to a lawyer. Turkey should ensure that any measure is taken 
only to the extent strictly required to the exigencies of the situation and in all cases stands the 
test  of  necessity  and  proportionality.  The  measures  taken  under  the  state  of  emergency  are 
undergoing  scrutiny  by  the  Council  of  Europe.  Turkey  should  urgently  address  the 
recommendations of the Commissioner for Human Rights of the Council of Europe of October 
2016. 

With  regard  to  the  political  criteria,  prior  to  the  coup  attempt  the  Parliament  engaged  in  a 
heavy  legislative  agenda  in  order  to  implement  the  ambitious  government  reform  action  plan 
for 2016 and the legislative requirements of the visa liberalisation roadmap. However, several 
key pieces of legislation adopted regarding the rule of law and fundamental rights were not in 
line  with  European  standards,  such  as  the  law  on  data  protection.  Political  confrontation 
continued  to  beset  the  work  of  the  legislative.  The  adoption  in  May  of  a  law  allowing  the 
immunity of a large number of deputies to be lifted and the ensuing detentions and arrests of 
several HDP Members of Parliament, including the two Co-Chairs, in November is a matter of 
grave concern.  

The  situation  in  the  south-east  remained  one  of  the  most  critical  challenges  for  the  country. 
Turkey  saw  a  continued  very  serious  deterioration  in  the  security  situation,  leading  to  heavy 

5 

 
 
 
casualties following the collapse of the Kurdish settlement process in July 2015 and was struck 
by several large-scale deadly terrorist attacks by PKK and Da’esh. The authorities pursued their 
extensive  anti-terror  military  and  security  campaign  against  the  Kurdistan  Workers’  Party 
(PKK),  which  remains  on  the  EU  list  of  terrorist  organisations.  Serious  allegations of  human 
rights violations and disproportionate use of force by the security forces in the south-east were 
increasingly reported. Many elected representatives and municipal executives in the south-east 
were suspended, removed from their duties, or arrested under terrorism-related charges, some 
of  them  on  the  basis  of  decrees  under  the  state  of  emergency  following  the  coup  attempt. 
However,  anti-terror  measures  need  to  be  proportionate  and  must  respect  human  rights.  The 
settlement  of  the  Kurdish  issue  through  a  political  process  is  the  only  way  forward; 
reconciliation and reconstruction are also becoming key issues for the authorities to address. 

Civil  society  made  what  efforts  it  could  to  remain  active  and  involved  in  public  life. 
Independent  civil  society  organisations  are  rarely  involved  in  law-  and  policy-making 
processes. Some of their representatives, including human rights defenders, have been detained 
and there were credible claims of intimidation. A large number of organisations were closed as 
part  of  the  post-coup  measures  taken  by  the  government  for  alleged  links  to  the  Gülen 
movement.  

Turkey  is  moderately  prepared  in  the  area  of  public  administration  reform  with  a  strong 
commitment to an open, responsive administration. However, there has been backsliding in the 
area  of  public  service  and  human  resources  management  in  particular  in  the  aftermath  of  the 
coup  attempt.  The  structural  impact  on  the  functioning  of  the  civil  service  of  the  measures 
taken after the coup attempt remains to be assessed.  

Turkey’s  judicial  system  is  at  an  early  stage/has  some  level  of  preparation.  There  has  been 
backsliding in the past year, in particular with regard to the independence of the judiciary. The 
extensive changes to the structures and composition of high courts are of serious concern and 
are not in line with European standards. Judges and prosecutors continued to be removed from 
their profession and in some cases were arrested, on allegations of conspiring with the Gülen 
movement.  This  situation  worsened  further  after  the  July  coup  attempt,  following  which  one 
fifth  of  the  judges  and prosecutors were  dismissed  and  saw  their  assets  frozen.  The  judiciary 
must work in an environment allowing it to perform its duties in an independent and impartial 
manner, with the executive and legislature fully respecting the separation of powers. Under the 
state of emergency, Turkey has further extended for certain offences the pre-trial detention to 
30  days  without  access  to  a  judge  against  ECtHR  case  law  and  an  important  part  of  the 
judiciary is subject to these measures. 

The country has some level of preparation for the fight against corruption. Corruption remains 
prevalent in many areas and continues to be a serious problem. The adoption of a new strategy 
and anti-corruption action plan is a step forward even if it remains rather limited in scope. The 
legal framework continues to suffer from important gaps and the executive’s influence on the 
investigation  and  prosecution  of  high-profile  corruption  cases  remains  a  major  source  of 
concern. Corruption perception remains high.  

Turkey  has  achieved  some  level  of  preparation  in  the  fight  against  organised  crime. 
Institutional  capacity  was  increased  and  new  strategies  and  action  plans  were  adopted. 
However,  statistics  on  the  number  of  final  convictions  and  other  important  indicators  are  not 
available. Financial investigations remain underused. Precautionary freezing of assets is rarely 
applied  and  the  level  of  assets  confiscated  is  low.  In  the  fight  against  terrorism,  a 
comprehensive legal framework on terrorism financing is in place. The anti-terror law is not in 
line  with  the  acquis  with  regard  to  its scope  and  definitions  and its  application  raises  serious 
fundamental  rights  concerns.  Both  the  criminal  and  anti-terror  legislation  should  be  aligned 
with  ECtHR  case-law,  without  reducing  the  capacity  of  Turkey  to  fight  terrorism.  The 
proportionality principle must be observed in practice. 

6 

 
 
The  Turkish  legal  framework  includes  general  guarantees  of  respect  for  human  and 
fundamental  rights,  which  need  to  be  further  improved.  The  enforcement  of  rights  stemming 
from  the  European  Convention  on  Human  Rights  (ECHR)  and  the  case-law  of  the  European 
Court of Human Rights (ECtHR) is not yet ensured. Many allegations of serious violations of 
the  prohibition  of  torture  and  ill-treatment  and  of  procedural  rights  were  reported  in  the 
immediate  aftermath  of  the  coup  attempt.  Yet,  all  measures  taken  must  be  in  line  with  the 
principles of proportionality and respect for human rights. The new Law on the Human Rights 
and  Equality  Institution  of  Turkey  is  a  step  in  the  right  direction.  It  contains  provisions  on 
prohibiting discrimination on a large number of grounds, but does not explicitly cover sexual 
orientation.  There  is  still  a  need  to  adopt  a  fully  comprehensive  dedicated  law  on  combating 
discrimination.  A  legal  vacuum  exists  on  human  rights  cases  as  the  new  National  Human 
Rights and Equality institution has not yet been established. The rights of the most vulnerable 
groups and of persons belonging to minorities should be sufficiently protected. Gender-based 
violence,  discrimination,  hate  speech  against  minorities,  hate  crime  and  violations  of  human 
rights  of  lesbian,  gay,  bisexual,  transgender  and  intersex  (LGBTI)  persons  continue  to  be  a 
source of a serious concern.  

There  has  been  serious  backsliding  in  the  past  year  in  the  area  of  freedom  of  expression. 
Selective and arbitrary application of the law, especially of the provisions on national security 
and the fight against terrorism, is having a negative impact on freedom of expression. Ongoing 
and  new  criminal  cases  against  journalists,  writers  or  social  media  users,  withdrawal  of 
accreditations,  high  numbers  of  arrests  of  journalists  as  well  as  closure  of  numerous  media 
outlets in the aftermath of the July attempted coup are of serious concern. Freedom of assembly 
continues to be overly restricted, in law and practice. 

Turkey continued to express support for the talks on the Cyprus settlement between the leaders 
of  the  two  communities,  and  for  the  efforts  of  the  UN  Secretary-General’s  Special  Adviser. 
Turkey’s  commitment  and  contribution  in  concrete  terms  to  this  comprehensive  settlement 
remains  crucial.  However,  Turkey  has  still  not  fulfilled  its  obligation  to  ensure  full  and  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.  The  conclusions  on  Turkey  that  were  adopted  by  the  Council  (General 
Affairs and External Relations) on 11 December 2006 and endorsed by the European Council 
in December 2006 remain in force. They stipulate that negotiations will not be opened on eight 
chapters2 relating 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.  

Turkey  needs  to  commit  itself  unequivocally  to  good  neighbourly  relations,  international 
agreements, 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 
EU has expressed once again serious concern and urged Turkey to avoid any kind of threat or 
action  directed  against  a  Member  State,  or  source  of  friction  or  actions  that  damages  good 
neighbourly relations and the peaceful settlement of disputes. 

Regarding the economic criteria, the Turkish economy is well advanced and can be considered 
a  functioning  market  economy.  Still,  the  large  external  deficit  makes  the  Turkish  economy 
vulnerable  to  financial  uncertainty,  changes  in  global  investors'  sentiment  and  political  risks. 
The central bank cut interest rates even though inflation remained well above the official target. 
The business environment continued to deteriorate due to targeted actions against critical media 
and  business  people  and  political  opponents  through  the  active  use  of  the  tax  authority,  the 

2Free movement of goods, right of establishment and freedom to provide services, financial services, agriculture 
and rural development, fisheries, transport policy, customs union, and external relations. 

7 

 
 
                                                            
financial  crimes  unit  and  courts.  The  implementation  of  structural  reforms  to  improve  the 
functioning  of  the  markets  for  goods,  services  and  labour  has  stalled.  Overall,  there  was 
backsliding. 

Turkey has a good level of preparation in achieving the capacity to cope with the competitive 
pressure and market forces within the EU. Some progress was made in a number of areas, most 
notably through further liberalising the energy sector. Significant problems remain as regards 
the quality of education. There are also problems of access to education for girls. The lira's real 
appreciation has reduced the economy's price competitiveness. 

Regarding its ability to assume the obligations of membership, Turkey has continued to align 
with  the  acquis.  With  the  positive  exception  of  the  visa  liberalisation  related  work,  efforts 
continued  at  a  limited  pace.  Turkey  is  well  advanced  in  the  areas  of  company  law,  trans-
European networks and science and research and it has achieved a good level of preparation in 
the  areas  of  free  movement  of  goods,  intellectual  property  law,  financial  services,  enterprise 
and  industrial  policy,  consumer  and  health  protection,  customs  union,  external  relations  and 
financial control. Turkey is only moderately prepared on public procurement as important gaps 
remain  in  its  alignment.  Turkey  is  also  moderately  prepared  in  the  area  of  statistics  and 
transport policy where further significant efforts are needed across the board. Turkey has only 
reached  some  level  of  preparation  in  environment  and  climate  change  where  more  ambitious 
and better coordinated policies still need to be established and implemented. In all areas, more 
attention needs to be given to enforce legislation whilst many areas require further significant 
progress to achieve legislative alignment with the EU acquis. 

2.  

POLITICAL CRITERIA AND ENHANCED POLITICAL DIALOGUE 

2.1.   Democracy 

Attempted coup of 15 July 

A  military  coup attempt began  on the evening of 15 July  and was aborted  the following day, 
leaving  241  casualties  and  2 196  people  wounded.  There  were  heavy  clashes  in  Ankara  and 
Istanbul with several locations hit by airstrikes, including a direct attack on the Turkish Grand 
National Assembly.  The coup failed thanks to large  parts of the security forces and the army 
that  remained  loyal  to  the  government,  backed  by  hundreds  of  thousands  of  civilians  who 
opposed  the  rebel  soldiers  in  the  streets  and  squares  across  the  country,  following  calls  from 
President  Recep  Tayyip  Erdoğan.  The  Turkish  Grand  National  Assembly  symbolically 
convened  a  special  session  already  in  the  night  from  15  to16 July  and  adopted  a  declaration 
approved by all parties represented in Parliament. The government attributed the organisation 
of the attempted coup to the Gülen movement. 

The EU strongly and immediately condemned the attempted coup, which represented a direct 
attack  on  democracy  in  Turkey  as  such,  and  reiterated  its  full  support  to  the  democratic 
institutions of the country.  

On 20 July a state of emergency was declared across Turkey for three months, further extended 
for another three months on 3 October. On 21 July, Turkey notified the Council of Europe of 
a derogation  from  its  obligation  to  secure  a  number  of  fundamental  rights  protected  by  the 
European Convention on Human Rights (ECHR), in line with the provisions of Article 15. The 
Turkish Constitution however lists inviolable rights that cannot be suspended under the state of 
emergency,  including  the right to  life, integrity of corporal and spiritual existence, protection 
from  retroactive  criminal  laws,  and  the  presumption  of  innocence.  The  state  of  emergency 
allows  the  Council  of  Ministers  under  the  chairmanship  of  the  President  to  govern  by 
legislative  decree.  Ten  decrees  have  been  issued  so  far.  They  introduced  a  wide  range  of 
8 

 
 
 
 
 
 
measures  including  extending  the  pre-trial  detention  period  to  30  days  for  a  number  of 
offences, closure and seizure of institutions and media outlets, dismissals in the military and the 
civil  service  for  suspected  links  to  the  Gülen  movement,  substantive  reorganisation  of  the 
Turkish armed forces, the police, the gendarmerie and the military academies, changes to the 
appointment  procedure  of  university  rectors,  as  well  as  important  restrictions  to  the  right  of 
defence.  They  introduced  amendments  to  key  pieces  of  legislation  which  will  continue  to 
produce effects beyond the state of emergency.  

In the wake of the post-coup measures, the EU called on the authorities to observe the highest 
standards  in  the  rule  of  law  and  fundamental  rights.  While  a  swift  reaction  to  that  imminent 
threat against the Turkish state and its democracy was legitimate, the decrees raise questions as 
to  the  proportionality  of  the  measures  taken  and  the  access  to  and  effectiveness  of  judicial 
remedies. They also affect key rights under the ECHR, in particular the right to a fair trial, the 
right to an effective remedy and the right to protection of property.  

Following  the  attempted  coup,  very  extensive  suspensions,  dismissals  and  arrests  took  place 
over alleged links to the Gülen movement and involvement in the attempted coup. There were 
reports  of  serious  human  rights  violations,  including  alleged  widespread  ill-treatment  and 
torture  of  detainees.  The  crackdown  has  continued  since  and  has  been  broadened  to  pro-
Kurdish  and  other  opposition  voices.  The  measures  affected  the  whole  spectrum  of  society, 
with  a  particular  impact  on  the  judiciary,  police,  gendarmerie,  military,  civil  service,  local 
authorities, academia, teachers, lawyers, the media and the business community. Overall, as of 
the  end  of  September  2016,  some  40  000  people  had  been  detained  and  more  than  31  000 
remain  under  arrest,  including  81  journalists.  129  000  public  employees  remain  either 
suspended  (66  000)  or  have  been  dismissed  (63  000).  Over  4 000  institutions  and  private 
companies were shut down, their assets seized or transferred to public institutions. Additional 
10  000  civil  servants  were  dismissed  by  decrees  under  the  state  of  emergency  at  the  end  of 
October and further media outlets closed and journalists detained.  Turkey also reached out to 
a number  EU  Member  States  concerning,  for  example  the  closing  of  schools  and  other 
institutions  allegedly  linked  to  the  Gülen  movement.  In  this  context,  there  are  reports  of 
members of the Turkish diaspora living in these Member States being under pressure to report 
on other members of these communities. 

The  broad  scale  and  collective  nature  of  these  measures  raised  a  number  of  very  serious 
questions. There are serious concerns with regard to the vagueness of the criteria applied and 
evidence used for determining alleged links to the Gülen movement and establishing individual 
liability,  applied  in  a  non-  transparent  and  indiscriminate  manner,  leading  to  a  perception  of 
'guilt  by  association'.  While  a  relationship  of  trust  and  loyalty  should  exist  between  civil 
servants and the state and measures can be taken to ensure that, any allegation of wrongdoing 
should be established via transparent procedures in all individual cases and ensure the right to 
respect  for  private  and  family  life.  It  is  important  that  the  recently  created  ad  hoc  appeal 
commission becomes an effective administrative review mechanism for suspended or dismissed 
civil  servants.  Furthermore,  any  individual  criminal  liability  must  be  examined  with  due 
process,  full  respect  for  the  separation  of  powers  and  the  full  independence  of  the  judiciary. 
The right  of every individual to  a fair trial, including  through effective access to a lawyer, is 
a central element of the rule of law.  

The  measures  taken  under  the  state  of  emergency  are  undergoing  scrutiny  by  the  Council  of 
Europe. Turkey should urgently address the recommendations of the Commissioner for Human 
Rights  of  the  Council  of  Europe  of  October  2016.  Turkey  should  ensure  that  any  measure  is 
taken only to the extent strictly required to the exigencies of the situation and in all cases stands 
the test of necessity and proportionality. Turkey should pay particular attention so as to ensure 
in all cases that basic principles governing the rule of law are not set aside, including the full 
respect of the presumption of innocence, the individual criminal responsibility, legal certainty, 
the right to defence and equality of arms.  

9 

 
 
Parliament 

Prior  to  15  July,  the  Parliament,  elected  through  repeat  elections  on  1 November  2015,  had 
worked  on  a  busy  legislative  agenda  stimulated  by  an  ambitious  government  reform 
programme and the visa liberalisation dialogue. Political confrontation, however, continued to 
beset  the  work  of  the  Parliament.  Some  key  legislation  was  adopted  without  proper 
consultation. Significant legislative amendments were introduced by decree under the state of 
emergency,  without  prior  consultation  of  Parliament,  although  some  limited  form  of 
consultation of opposition parties was organised. In line with Article 120 of the Constitution, 
decrees taken under the state of emergency are sent to Parliament for approval within 30 days. 
The  establishment of a parliamentary commission  that will include representatives of all  four 
parties  and  will  receive  opinions  on  the  decree  laws  issued  during  the  state  of  emergency  is 
being considered. The adoption in May of a law allowing the immunity of a large number of 
deputies  to  be  lifted  and  the  ensuing  detentions  and  arrests  of  several  HDP  Members  of 
Parliament, including the two Co-Chairs, in November is a matter of grave concern. There was 
no  progress  in  aligning  the  legal  framework  on  elections  and  political  parties  with  European 
standards.  A  code  of  ethics  for  members  of  Parliament  should  be  adopted.  Comprehensive 
reform  of  Parliament’s  rules  and  procedures  needs  to  be  prioritised  to  improve  the 
inclusiveness, transparency and quality of law-making and effective oversight of the executive.  

In the face of the attempted coup, all parties stood united in its condemnation. More consensual 
cross-party  work  was  initiated  on  that  occasion  between  AKP  and  opposition  parties,  except 
HDP, which led to a consensus, in the framework of a dedicated commission, on a number of 
constitutional changes, particularly on restructuring judicial bodies. 

The Parliament elected on 1 November 2015 engaged in a heavy legislative agenda in order to 
implement  the  ambitious  government  reform  action  plan  for  2016  and  the  legislative 
requirements of the visa liberalisation roadmap, re-energised following the EU-Turkey summit 
on  29 November  2015.  However,  several  key  pieces  of  legislation  which  were  adopted 
regarding the rule of law and fundamental rights were not in line with European standards, e.g. 
the law on data protection.  

The  constitutional  reform  process  put  on  hold  in  December  2013  was  revived  in  February 
2016.  However,  the  discussions  in  Parliament’s Conciliation  Committee,  established  with  the 
participation  of  the  four  political  groups  represented  in  Parliament,  soon  collapsed  due  to 
a stalemate  on  a  possible  shift  to  a  presidential  system  of  governance  proposed  by  the  ruling 
party.  In  the  aftermath  of  the  attempted  coup,  a  commission  set  up  by  AKP  and  opposition 
parties  CHP  and  MHP,  with  the  exception  of  HDP,  came  to  a  consensus  on  a  number  of 
constitutional changes, particularly on restructuring judicial bodies. These changes are yet to be 
adopted. 

Parliament’s  ability  to  perform  its  key  functions  of  law-making  and  oversight  of  the 
executive  continued  until  15  July  to  be  affected  by  political  confrontation.  Legislation  was 
often  prepared  and  adopted  without  sufficient  debate  in  Parliament  and  without  consultation 
with  stakeholders.  Following  the  declaration  of  the  state  of  emergency  and  its  extension, 
Parliament's role in the law-making process was limited. The influence of the Committees on 
Human Rights Inquiry and on EU Harmonisation remained limited even on draft laws with a 
significant 
impact  on  fundamental  freedoms.  There  was  no  progress  on  reforming 
parliamentary rules and procedures. Media accreditation and the rules for inviting stakeholders 
to committee meetings continue to be applied selectively. 

Parliamentary oversight of the executive remained weak. There was insufficient follow-up by 
the  executive  whenever  Parliament  uses  instruments  such  as  parliamentary  questions  and 
committees  of  inquiry.  The  work  and  reports  of  committees  of  inquiry  received  good  media 
coverage;  however,  Parliament  failed  to  set  up  committees  of  inquiry  on  some  critical 
developments,  including  the  rapid  deterioration  of  the  security  situation.  In  the  absence  of 
10 

 
 
a specialised committee with sufficient technical expertise to deal with reports from the Court 
of Accounts there was no improvement in parliamentary oversight of public spending.  

The  Turkish  Grand  National  Assembly  was  severely  damaged  by  airstrikes  during  the 
attempted  coup  on  the  night  of  15 July.  On  16 July  all  political  parties  represented  in 
Parliament  issued  a  joint  declaration,  unanimously  condemning  the  attempt  to  overthrow  the 
democratically  elected  institutions.  The  setting-up  of  a  special  parliamentary  commission, 
agreed  by  all  parties,  to  probe  the  coup  attempt  of  15  July  is  an  important  step  towards 
thorough investigation of these tragic events. Meetings between the President, Prime Minister 
and opposition party leaders, with the noticeable exception of HDP, initially raised hopes that 
party  politics  could  become  more  consensual.  Cross-party  dialogue  should  include  all  parties 
represented in Parliament. The 20 July declaration of the state of emergency led to significant 
legislative  amendments  being  adopted  by  decree  without  prior  consultation  of  Parliament, 
although  some  limited  form  of  consultation  of  opposition  parties  was  organised.  In  line  with 
Article  120  of  the  Constitution,  decrees  taken  under  the  state  of  emergency  are  sent  to 
Parliament for approval within 30 days. The establishment of a parliamentary commission that 
will include representatives of all four parties and will receive opinions on the decree laws to be 
issued during the state of emergency is being considered. The main opposition party CHP has 
appealed  to  the  Constitutional  Court  concerning  the  relevance  of  some  of  the  issued  decree 
laws to the necessities of the state of emergency.  

There was no progress in aligning the legal framework on elections and political parties with 
European  standards.  The  10 %  threshold  for  parties  to  be  represented in  Parliament  is  still in 
place.  There  were  no  further  improvements  to  the  rules  on  the  closure  of  political  parties 
following  the  2010  constitutional  amendments.  Funding  for  political  parties  and  election 
campaigns  remains  to  be  addressed  in  line  with  the  recommendations  of  the  Council  of 
Europe's  Group  of  States  against  Corruption  (GRECO).  Following  the  general  elections  in 
November 2015, four parties obtained a representation in parliament. 82 women members were 
elected  in  the  550-seat  Parliament.  A  law  aiming  at  comprehensive  ethical  regulations  for 
members of Parliament, such as declarations of assets and rules on conflict of interest, has yet 
to be adopted. Measures are required to ensure that parliamentary immunity is not used as a 
means to hinder criminal investigations against members of Parliament suspected of corruption 
or  other  misconduct.  The  system  of  parliamentary  immunity  should  specify  objective  criteria 
for taking decisions on lifting immunity. On 20 May, Parliament adopted an amendment to the 
Constitution providing for a one-off lifting of the immunity of a large number of members of 
Parliament  who  had  requests  for  prosecution  pending  against  them.  This  piece  of  legislation, 
introduced by the ruling AKP, affected MPs from all parties but was widely seen as directed 
more particularly against the HDP as more than 350 cases were brought against 50 of its MPs. 
Individual  members  of  Parliament  unsuccessfully  challenged 
the 
Constitutional Court. Its implementation was put on hold after the attempted coup, except for 
cases  involving  the  HDP.  On  4  November,  several  Members  of  Parliament  from  the  HDP, 
including the party's two Co-Chairs, were detained and/or arrested on charges alleging support 
for terrorist activities. 

the  amendment 

in 

A restrictive interpretation of guarantees provided for by the Constitution and shortcomings in 
the  anti-terror  legislation  continue  to  pose  a  direct  risk  to  the  freedom  of  expression  of 
members of Parliament. Freedom of expression of members of Parliament is an essential part of 
democracy and should be protected also when they speak outside Parliament. 

Governance 

The President continued to be actively engaged in key domestic and foreign policy issues. In 
May, a new government was appointed. The debate on a possible shift to a presidential system 
of governance increased and had an impact on the political agenda. The deteriorating security 

11 

 
 
situation  in  the  south-east  and  the  continued  fight  against  the  Gülen  movement,  particularly 
after 15 July, dominated the work of the government.  

President Erdoğan continued to be actively engaged in key domestic and foreign policy issues. 
He  frequently  convened  the  Council  of  Ministers  to  map  out  the  government’s  line,  most 
notably on a new Constitution, the fight against terror and the alleged influence of the Gülen 
movement  over  the  state  structures.  The  President's  central  role  was  further  reinforced  in  the 
aftermath of the attempted coup of 15 July, as the power to govern by decree was given under 
the state of emergency to the Council of Ministers under the chairmanship of the President. In 
addition, he convened several meetings of the National Security Council. 

In  May,  following  the  resignation  of  Prime  Minister  Ahmet  Davutoğlu,  a  new  government 
under  the  leadership  of  Mr  Binali  Yıldırm  was  appointed.  The  government  maintained 
continuity  in  key  policy  areas,  including  on  the  EU  accession  process.  The  security  situation 
remained the principal challenge for the two successive governments. Turkey was severely hit 
by several terrorist attacks with numerous casualties among civilians and security forces. The 
security situation in  the south-east gravely deteriorated. Both governments  announced special 
plans  for  improving  the  socioeconomic  situation  of  the  south-east.  A sustained  political 
solution to the Kurdish issue is urgently needed (see Situation in the east and south-east). 

Both the Davutoğlu and Yıldırm governments continued to tackle the alleged influence of the 
Gülen movement over the state structures and society. Judicial investigations targeting alleged 
members  of  this  organisation  expanded  significantly  even  before  15 July  and  peaked 
exponentially  following  the  attempted  coup  attributed  to  the  Gülen  movement.  In  May,  the 
President  and  the  government  announced  that  the  Gülen  movement  was  formally  included  in 
the list of terrorist organisations kept but not disclosed by the National Security Council. The 
events of 15 July led to the arrest, suspension or dismissal of tens of thousands of individuals 
allegedly linked to the Gülen movement. Any allegation of wrongdoing needs to be examined 
with  due  process,  transparent  procedures,  and  the  right  of  every  individual  to  a  fair  trial  or 
equitable administrative process should be safeguarded. 

With  regard  to  local  government,  many  elected  representatives  and  municipal  executives  in 
the  south-east  were  detained  or  arrested  under  terrorism-related  charges,  some  of  them 
following the coup attempt. It will be crucial that citizens of the municipalities concerned will 
be  represented  again  by  local  officials  elected  in  accordance  with  Turkish  law.  Fiscal 
decentralisation  remained  limited  despite  the  2012  amendment  to  the  Law  on  Metropolitan 
the 
Municipalities,  which  redrew  municipal  boundaries  and  extended 
municipalities’  responsibilities.  Municipalities  need  the  necessary  financial  resources  to  carry 
out the responsibilities transferred to them. 

the  scope  of 

The track record  of the activities  of the  Ombudsman is  positive with a total case-load of 22 
648  applications  until  end  August  2016,  for  which  21  546  decisions  were  taken.  The  public 
administration’s follow-up to his recommendations increased steadily. However, in the absence 
of  powers  to  initiate  investigations  and  to  intervene  in  cases  with  legal  remedies,  the 
Ombudsman remained silent on certain human rights concerns, most notably on human rights 
violations  in  the  east  and  south-east.  The  limited  powers  of  the  Ombudsman  reduce  the 
effectiveness of his potential contribution to the fields of human rights and good governance. 

The legal framework insufficiently protects Turkey’s eight independent regulatory authorities 
from undue political interference. Their work needs to become more transparent. 

Civil society 

Civil society remained active and involved in public life under difficult circumstances. Human 
rights defenders were subject to intimidation and detentions. A large number of organisations 
were  closed  as  part  of  the  post-coup  measures  taken  by  the  government.  Systematic  and 
inclusive mechanisms for consulting civil society, notably on new legislation, need to be put in 
12 

 
 
place  and  consistently  used.  The  legal,  financial  and  administrative  environment  needs  to  be 
more conducive to the development of civil society. 

An  empowered  civil  society  is  a  crucial  component  of  any  democratic  system  and  should  be 
recognised  and  treated  as  such  by  the  state  institutions.  Civil  society  organisations  (CSOs) 
made what efforts they could to remain active and involved in public life. The EU-Turkey civil 
society  dialogue  programmes  have  now  involved  1  774  Turkish  CSOs  together  with  their 
counterparts in the EU. These programmes contribute to the development of civil society and 
enable  greater  recognition  of  CSOs  at  local  level.  However,  there  is  no  overall  government 
strategy in place for cooperation with civil society. In the absence of formal arrangements for 
their  participation,  independent  civil  society  organisations  are  rarely  involved  in  law-  and 
policy-making processes.   

Human  rights  defenders  were  subject  to  several  ongoing  court  cases,  new  investigations  and 
intimidation through public statements of high-level officials. The investigation into the killing 
in  November  2015  of  human  rights  defender  and  chairperson  of  the  Diyarbakır  Bar 
Association,  Mr  Tahir  Elçi,  has  not  progressed.  On  21 July  a  large  number  of  CSOs  were 
closed following the attempted coup. Restrictions on freedom of assembly remained a problem. 
Systemic  difficulties,  such  as  restrictions  on  registration  and  procedures  for  the  authorisation 
and  functioning  of  associations,  have  continued.  A  number  of  CSOs  have  seen  their  regular 
operations challenged through closure cases, penalties, restrictions or discriminatory practices. 
Current legislation, including taxation law, is not conducive to encouraging private donations to 
non-governmental  organisations  (NGOs).  Civil  society  remains  financially  vulnerable  and 
dependent on public project grants. At the same time, public funding has not been sufficiently 
transparent. 

Civilian oversight of the security forces 

The Turkish government with the support of the entire Turkish political spectrum and society, 
succeeded in overcoming a military coup in July. In addition to measures taken in the aftermath 
of  the  attempted  coup  against  those  suspected  of  participation  to  the  coup,  including  high 
numbers of dismissals and arrests, the legal framework for civilian-military relations underwent 
significant  changes.  In  a  positive  development,  the  powers  of  civilian  institutions  over  the 
military  expanded  decisively,  thereby  strengthening  civilian  oversight  over  the  military. 
However,  the  amendments  to  the  law  on  the  personnel  of  the  Turkish  armed  forces  raise 
concern as they give extensive legal protection to the personnel with counter-terrorism duties. 
The military and intelligence services continue to lack sufficient accountability in Parliament. 

A part of the military, including a number of high ranking officers, engaged in the 15 July coup 
attempt which was eventually defeated, after one night of heavy fighting, thanks to a majority 
of security and armed forces that had remained loyal to the government. The huge mobilisation 
of civilians across the country to resist the coup attempt and act as civilian guardians was proof 
of  a  major  shift  across  Turkish  society  which  massively  rejected  this  attempt  by  parts  of  the 
military to seize power.  

The  legal  framework  for  civilian-military  relations  underwent  significant  changes  in  the 
aftermath  of  the  attempted  coup.  The  third  decree  of  31 July  following  the  declaration  of  the 
state  of  emergency  introduced  considerable  changes  to  the  organisational  and  educational 
structure of the Turkish armed forces. The force commanders were attached to the Ministry of 
National  Defence  and  the  civilian  executive  was  granted  the  power  to  give  orders  to  top 
commanders without observing the chain of command. In addition, the decree also introduced 
changes  to  the  composition  of  the  Higher  Military  Council  (YAŞ).  The  Prime  Minister’s 
deputies  and  the  ministers  of  justice,  foreign  affairs  and  interior  were  made  members  of  the 
YAŞ.  This  increased  the  number  of  civilian  members  to  ten,  while  the  number  of  military 
members fell from 12 to four. 

13 

 
 
Serious allegations of human rights violations and disproportionate use of force by the security 
forces  in  the  south-east  were  increasingly  and  credibly  reported.  The  track  record  of  judicial 
and  administrative  examination  in  these  cases  remains  poor.  The  Law  on  Provincial 
Administrations was referred to as the basis for imposing long-lasting, open-ended curfews and 
involving  the  armed  forces  in  domestic  security  operations  with  limited  civilian  oversight.  A 
law-enforcement  oversight  commission  was  set  up  in  May  but  lacks  independence  from  the 
executive and powers to launch its own investigations.   

Parliamentary,  administrative  and  judicial  oversight  and  accountability  of  security  and 
intelligence forces  remains inadequate. The requirement that the Prime Minister and Minister 
of Interior authorise any prosecution of the Chief of the General Staff or force commanders for 
offences  committed  while  on  duty  remains  in  effect.  The  amendments  to  the  law  on  the 
personnel  of  the  Turkish  armed  forces  adopted  in  June  expand  the  armed  forces’  legal  and 
operational  responsibility  for  command  of  domestic  security  operations  and  provide  shelter 
from  prosecution  for  armed  forces  personnel  involved  in  counter-terrorism  operations.  This 
raises  concerns  about  the  reduced  judicial  and  administrative  oversight  of  military  personnel. 
The  parliamentary  security  and  intelligence  committee  continued  to  have  a  very  limited 
oversight  mandate.  The  legal  framework  for  overseeing  military  expenditure  has  yet  to  be 
improved.  Access  to  audit  reports by  the  Turkish  Court  of  Accounts  on  the  security,  defence 
and intelligence agencies remains restricted. Parliament was not involved in the adoption under 
the state of emergency of decrees that introduced significant changes to the military. 

2.2.   Public administration reform 

Turkey is  moderately prepared with the reform of its public administration. There has been 
backsliding in the area of public service, and human resources management in particular, in the 
aftermath of the coup attempt. The use of regulatory impact assessments is now better regulated 
following  the  adoption  of  a  new  regulation.  However,  implementation  still  needs  to  be 
improved. Otherwise there has been little follow-up to the Commission’s recommendations of 
2015. There is still no comprehensive reform strategy and political ownership. The continued 
politicisation  of  the  administration  and  the  low  level  of  female  representation  in  the  higher 
echelons of bureaucracy, despite  a slight increase in  2016, continue to  be of serious concern. 
The structural impact of the measures taken in the aftermath of the attempted coup attempt of 
15  July  on  the  functioning  of  the  civil  service  remains  to  be  assessed;  as  of  end  of  October, 
139 000 public employees had been either suspended (76 000) or dismissed (63 000), including 
in the education sector and academia. In the coming year, Turkey should in particular: 

→  ensure  that  any  allegation  of  wrongdoing  is  examined  with  due  process,  transparent 
procedures and safeguard the right of every individual to a fair trial or equitable administrative 
process; 

→ prepare changes to its legislation to introduce merit-based, competitive recruitment for the 
senior managerial positions of the civil service; 

→  start  to  systematically  conduct  impact  assessments  for  planning  documents  and  legislative 
proposals, in line with the revised legal framework. 

Policy development and coordination 

Turkey has a coherent policy-making system. Policy coordination among central government 
institutions  is  generally  strong,  whereas  annual  planning  and  monitoring  of  whole-of-
government performance has been lacking so far. Limited progress was made on reform, as the 
government only developed its first annual reform action plan in December 2015. A monitoring 
mechanism  headed  by  a  deputy  prime  minister  was  established  and  quarterly  implementation 
reports were published. A website (www.reformlar.gov.tr) was launched to enable the public to 
monitor progress on reform. However, the planning process can be further improved, with more 
participation  of  stakeholders,  to  ensure  that  objectives  are  better  formulated  and  targets  are 
14 

 
 
 
properly quantified. Lack of systematic link between policy and fiscal planning jeopardises the 
implementation of strategies, reform programmes and legislation. 

Concerning European integration-related issues, the Ministry for EU Affairs, together with EU 
departments in relevant ministries, has set up a well-functioning system to steer alignment with 
the  acquis.  However,  legislation  and  policy  formulation  do  not  systematically  result  from 
inclusive  and  evidence-based  policy  development  process,  even  for  acquis  alignment. 
Despite  legal  requirements,  draft  policies  and  laws  are  often  not  subject  to  public 
consultations. The legal requirement to produce medium-term cost estimates and fiscal impact 
assessments  for  draft  policies  and  laws  is  not  systematically  respected.  Regulatory  impact 
assessments are often not sent to Parliament or published. A new by-law was adopted in March 
to  ensure  that  regulatory  impact  assessments  are  carried  out  systematically  by  all  public 
institutions. Its implementation remains to be assessed. 

In  the  absence  of  effective  parliamentary  scrutiny  by  specialised  legislative  committees,  the 
recent  steps  taken  by  the  government  to  improve  policy  planning  and  monitoring  of  the 
government’s  performance  should  be  complemented  with  ex  post  results-oriented  reports 
enabling better public scrutiny of government work. 

Public financial management  

Turkey is continuing with reforms in various public finance areas, but there is no overarching 
public financial management reform programme that would ensure a holistic approach. The 
medium-term programme for 2016-2018 includes provisions to improve public finances, but it 
does not provide any baselines, targets or indicators to measure progress. The annual budget is 
prepared  as  part  of  the  medium-term  budget  framework.  Overall,  fiscal  discipline  is  ensured 
despite the absence of an independent fiscal council. 

Budget transparency needs to be further addressed at various levels. While annual budgets are 
published and annual reports on budget implementation are produced, their structure does not 
allow comparison with or analysis against the original budget. In-year reporting is insufficient 
and needs to be improved. Transparency of public investment programmes and state assets is 
weak.  Participation  by  civil  society  in  the  budgetary  process  is  poor.  Revolving  funds  have 
been  a  specific  cause  of  concern,  as  they  are  not  included  in  the  annual  budget  or  in  the 
Treasury  single  account.  The  medium-term  programme  2016-2018  includes  provisions  to 
ensure an open, transparent and accountable administrative and fiscal environment. 

Public service and human resources management 

The Law on Civil Servants defines public service in a way that is extremely broad, including 
different  categories  of  public  servants  such  as  contractual  civil  servants,  temporary  staff  and 
other workers who do not fall under the same legislation. Women are slightly better represented 
in the public service than before, at 37.1 % in 2016 compared with 36.5 % in 2015. However, 
the  percentage  of  women  in  senior  managerial  positions  was  only  10.4  %  in  July  2016 
compared with 9.7 % in 2015. Progress has been made in employing disabled staff (rising from 
40 655 in 2015 to 43 151 in 2016), but is still short of the 3 % quota. 

The  civil  service  legal  framework  does  not  fully  guarantee  neutrality,  continuity  or  merit-
based  recruitment  and  promotion  procedures,  although  the  law  requires  a  centralised 
examination. The first phase of external recruitment for entry-level positions is based on merit, 
whereas  the  oral  interview  phase  remains  poorly  regulated  and  thus  is  open  to  political 
patronage. In addition, the large scale conversion of temporary contracts into permanent civil 
servants positions circumvents the merit principle. Access to top civil service positions is not 
always merit-based, and appointments are not subject to competition.  

Whereas  the  legal  framework  guarantees  uniform  criteria  for  demotion,  dismissals  and 
disciplinary  measures,  with  provision  for  appeal,  there  has  been  a  continuously  high  annual 

15 

 
 
turnover in managerial positions with 28.6 % in 2015, 52.7 % in 2014 and 8.2 % in 2013. The 
conditions and structural impact of the large-scale dismissals and suspensions that followed the 
15  July  coup  attempt  are  a  source  of  serious  concern.  By  end-October,  over  76  000  public 
employees  remained  suspended  and  about  63  000  had  been  dismissed,  including  in  the 
education  and  health  sectors.  Turkey  has  a  total  number  of  3.4  million  public  employees.  In 
September, an administrative review mechanism was set up under the Prime Ministry to review 
the  applications  of  the  dismissed  and  suspended  civil  servants;  it  already  received  70  000 
individual  claims.  Its  functioning  remains  to  be  evaluated.  Transparent  procedures  and  due 
process  need  to  be  applied  and  any  allegation  of  wrongdoing  needs  to  be  evidenced  on  an 
individual  basis.  Turnover  of  staff  in  the  administration  will  also  need  to  follow  transparent 
procedures in order to safeguard the principle of neutrality of the state apparatus. Allegations of 
entry  exams  having  been  rigged  by  the  Gülen  movement  to  secure  an  increased  presence  of 
staff under its influence in the civil service should also be investigated. 

The State  Personnel Presidency, reporting  to the Ministry  of Labour  and Social  Security,  has 
the  central  coordination  responsibility  for  human  resources  management  (HRM).  Human 
Resources  units  are  in  place  in  various  services,  but  apply  different  policies  and  approaches. 
The  State  Personnel  Presidency  lacks  the  necessary  coordination  and  monitoring  capacity  to 
ensure  implementation  of  modern  HRM  policy  and  standards.  The  lack  of  a  modern  HRM 
information system, which would provide real-time data for the entire public service, is another 
obstacle  to  an  efficient  HRM  system.  The  civil  service  remuneration  system  is  not  fully 
transparent.  Training  strategies  and  plans  are  in  place  to  ensure  professional  development. 
Integrity in public service is boosted by ethics committees and an ethics board, set up in the 
Prime Ministry, but there are no integrity plans in place. 

Accountability of the administration 

The  state  administration  is  organised  in  a  hierarchical  and  rational  way,  ensuring  appropriate 
lines  of  accountability.  Public  administration  agencies  are  supervised  by  parent  ministries, 
which in turn report to the Council of Ministers. State institutions are required to submit annual 
accountability reports on the use of resources to achieve targets, but the Council of Ministers 
does  not  ensure  systematic  follow-up  to  these  reports.  Some  institutions  have  a  culture  of 
managerial accountability and delegation of responsibilities (see chapter 32). 

The  citizens’  right  to good administration  is ensured through relevant internal and external 
oversight arrangements, but they need to be better protected. The role of oversight institutions 
such  as  the  Ombudsman  remained  limited  in  the  absence  of  ex  officio  powers  (see 
Governance).  Right  to  access  public  information  is  regulated  by  the  law  on  the  right  to 
information.  The  law  allows  for  broad  exemptions  on  grounds  of  protecting  state  secrets, 
commercial  secrets  and  personal  data.  No  centralised 
independent  body  oversees 
implementation. Easy online access led to more than 2 million applications a year for access to 
information  both  in  2015  and  2016.  The  percentage  of  requests  refused  remained  small, 
approximately 3.7 % up to June 2016 compared with 3 % in 2015. In line with provisions in the 
Constitution, the right to administrative justice and the right to seek compensation in cases 
of  wrongdoing  are  protected.  Implementation  is  ensured  by  administrative,  tax  and  regional 
administrative  courts  and  the  Council  of  State.  The  courts  are  considered  to  be  efficient,  but 
there  is  no  evidence  of  how  these  rights  are  upheld  in  practice,  as  there  is  no  institution 
responsible for collecting the relevant data. 

Service delivery to citizens and businesses 

Strong  commitment  to  a  user-oriented  administration  has  led  to  the  expansion  of  e-
government services and provision of smart identity documents. Significant progress has been 
achieved in e-government. The number of registered users exceeded 27.5 million (up from 25.2 
million  in  2015).  The  number  of  services  provided  through  the  e-government  gateway  has 
almost doubled in the last two years. Public services are accessible to a great extent. Ambitious 
16 

 
 
e-government  strategy  and  action  plan  for  2016-2019  were  adopted  in  July  2016  aiming  at 
further  developing  such  e-services  across  Turkey.  However,  access  for  disabled  citizens  to 
services  including  public  buildings  remained  low.  Further  expansion  of  one-stop-shops  and 
points of single contact for citizens, particularly at local level, is needed. 

Uniform public services are being delivered to a great extent, and the institutions publicise the 
standards of public  services  within  their  own legal remit. User  satisfaction surveys, however, 
are  not  regularly  used,  and  there  is  no  institution  responsible  for  overall  promotion  or 
measurement  of  the  quality  of  public  services.  Work  on  simplifying  administrative 
procedures  and  cutting  red  tape  is  hindered  by  the  lack  of  a  law  on  general  administrative 
procedures  to  give  citizens  and  businesses  greater  legal  certainty.  The  legal  framework  is 
fragmented, as administrative procedures are covered in a variety of sectorial laws. 

Strategic framework for public administration reform  

Turkey  has  no  overarching  strategy  or  planning  document  dedicated  exclusively  to  public 
administration  reform.  Although  there  are  various  planning  documents  and  sub-strategies 
relating to some aspects of Public Administration Reform, the lack of political support and of 
administrative ownership hinders a comprehensive approach. There is no cross-cutting system 
for  monitoring  and  reporting  on  the  various  related  planning  documents,  which  are  not 
centralised. The department for strengthening the administration, in the Prime Ministry, has a 
legal  mandate  but  lacks  the  necessary  capacity  to  coordinate  design,  implementation  and 
monitoring.  The  financial  sustainability  of  overall  public  administration  reform  is  not 
guaranteed, as the key planning documents do not specify the expected costs. 

2.3.   Rule of law 

Functioning of the judiciary 

Turkey’s  judicial  system  has  reached  an  early  stage/some  level  of  preparation.  There  has 
been backsliding in the past year, in particular with regard to the independence of the judiciary 
which  represents  a  significant  challenge  to  the  overall  functioning  of  the  judiciary.  The 
extensive  changes  to  the  structures  and  composition  of  high  courts  are  of  serious  concern  as 
they  threaten  the  independence  of  the  judiciary  and  are  not  in  line  with  European  standards. 
Judges and prosecutors continued to be removed from their profession and in some cases were 
arrested, on allegations of conspiring with the Gülen movement. The situation worsened further 
after  the  July  coup  attempt,  following  which  one  fifth  of  the  judges  and  prosecutors  were 
dismissed  and  saw  their  assets  frozen.  There  was  no  progress  on  the  outstanding  issues 
identified in previous reports and the recommendations made last year can therefore largely be 
restated: 

→ create a political and legal environment that allows the judiciary to perform its duties in an 
independent  and  impartial  manner,  strengthen  its  responsibilities,  with  the  executive  and 
legislature fully respecting the separation of powers; 

→  limit  the  role  and  influence  of  executive  power  within  the  High  Council  of  Judges  and 
Prosecutors and provide sufficient guarantees against transfers of judges against their will; 

→  introduce  further  safeguards  against  any  interference  by  the  High  Council  of  Judges  and 
Prosecutors in judicial proceedings. 

In addition: 

→  limit  any  suspension  of  a  judge,  as  a  major  infringement  of  guaranteed  judicial 
independence  under  the  Constitution,  to  cases  of  well-founded  suspicion  of  serious 
misbehaviours;  ensure  that  the  system  of  disciplinary  proceedings  is  guided  by  objective 
criteria without undue influence from the executive power; 

17 

 
 
 
→  with  regard  particularly  to  the  measures  taken  against  suspected  persons  following  the 
attempted  coup,  ensure  that  any  allegation  of  wrongdoing  or  crime  is  subject  to  due  process 
based  on  evidence  and  fully  transparent  procedures  under  the  authority  of  an  independent 
judiciary  and  in  full  respect  of  fundamental  rights,  including  procedural  rights,  notably  as 
regards  the  respect  of  the  presumption  of  innocence,  individual  criminal  responsibility,  legal 
certainty, the right to defence, the right to a fair trial, equality of arms and right to an appeal.  

Strategic documents 

Turkey  is  implementing  a  Judicial  Reform  Strategy  covering  the  period  2015-2019.  The 
Strategy  Development  Department  of  the  Ministry  of  Justice  acts  as  the  central  monitoring 
body  and  secretariat  for  implementation  of  the  judicial  reform  strategy  in  close  cooperation 
with the High Council of Judges and Prosecutors (HSYK) and the Judicial Academy. 

Management bodies 

The  HSYK  is  the  key  institution  managing  the  judiciary.  The  Council  is  independent  in 
managing  a  budget  of  EUR 18.5 million.  There  was  no  progress  in  solving  the  persistent 
problem of the influence of the executive over the HSYK, in particular following the legislative 
changes of 2014 strengthening the powers of the Minister of Justice within the HSYK and the 
subsequent staff changes in the HSYK. As ex officio members, the Minister of Justice, acting as 
President of the Council, and his undersecretary continue to have substantial influence over the 
work of the HSYK. The HSYK is therefore widely perceived to be the executive’s main means 
of  controlling  the  judiciary.  More  transparency  in  the  HSYK’s  work  and  strict  adherence  to 
procedures are needed to strengthen not only the Council’s credibility but also public trust in 
the judiciary.  

Following  the  coup  attempt,  the  general  assembly  of  the  HSYK  excluded  five  of  its  judge 
members (out of 22 members), who then faced prosecution.  

Independence and impartiality 

Judicial independence and impartiality are enshrined both in the Constitution and in legislation. 
Nevertheless,  in  practice,  there  are  numerous  reports  on  selective  justice  and  political 
interference  in  court  cases.  There  are  serious  concerns  about  direct  interference  by  the 
executive in cases (e.g. through public comments) which continue to undermine the credibility 
of the judiciary as a whole. The application of the principle of immovability of judges remains 
highly problematic.  Transfers of judges and prosecutors against their will were  frequent and 
were not open to judicial review. A number of disciplinary and criminal cases against judges 
and  prosecutors  have  not  seen  due  process,  being  sometimes  solely  based  on  the  indictments 
and rulings pronounced by these same judges and prosecutors in the exercise of their functions. 
This  contradicts  basic  principles  of  the  rule  of  law  and  considerably  undermines  trust  in  the 
judiciary and its independence.  

The  law  changing  the  structure  and  composition  of  the  Court  of  Cassation  (CoC)  and  the 
Council  of  State  (CoS)  as  adopted  in  July  also  raised  serious  concerns  as  to  it  impact  on  the 
independence of the judiciary. Frequent changes to the internal organisation of judicial bodies 
and to the court network, in particular the criminal court system, are creating legal uncertainty. 

Comments by representatives of the executive and the legislative branches on ongoing judicial 
cases, challenging among others decisions taken by the Constitutional Court, have continued as 
a regular practice. In the days and weeks following the attempted coup, 3 508, i.e. one fifth of 
the total number of  judges and prosecutors were suspended by HSYK and 3 390 subsequently 
dismissed. 2 386 judges and prosecutors have been detained: 2 229 of first instance, 109 from 
Court  of  Cassation,  41  from  Council  of  State,  two  members  of  the  Constitutional  Court,  and 
five members of the HSYK. Following the coup attempt, a large number of new judges were 
appointed  only  within  two  weeks.  The  magnitude  and  rapidity  of  the  measures  taken  raise 

18 

 
 
questions on criteria applied. These large-scale dismissals as well as large-scale recruitments of 
new judges and prosecutors raise a serious challenge to the performance and independence of 
the judiciary.  

Accountability 

While all lawyers have to abide by the rules set by the Union of Turkish Bar Associations, there 
is no code of ethics for judges and prosecutors. Integrity training is part of the curriculum for 
initial  training  but  neither  a  criterion  in  the  initial  selection  and  nomination  process,  nor  for 
appointments  to  senior  positions.  Disciplinary  proceedings  are  initiated  and  decisions  on 
disciplinary and ethical matters are taken by the HSYK Inspection Board. Official statistics 
put  the  number  of  judges  and  prosecutors dismissed  following  the  above  procedure  at  12  in 
2013,  4  in  2014,  9  in  2015  and  13  in  2016,  prior  to  the  July  coup  attempt.  The  disciplinary 
system  is  perceived  as  a  tool  to  exclude  certain  judges  and  prosecutors  for  political  reasons. 
The  declaration  of  assets  is  obligatory  for  all  high  court  judges,  including  members  of  the 
HSYK, but not for prosecutors. 

Professionalism and competence 

Candidate judges and prosecutors are recruited for pre-service training by means of a written 
examination  and  an  oral  interview.  The  HSYK  does  not  play  any  role  in  this  process.  The 
interview is conducted by a board of seven members: five senior officials from the Ministry of 
Justice and two from the Justice Academy. The formal appointment and transfer of judges and 
prosecutors  are  exercised  by  the  HSYK.  The  HSYK  is  also  responsible  for  evaluating  the 
performance and for promoting judges and prosecutors. Assessment criteria for promotion are 
published in the Official Gazette. The dismissal of a judge or prosecutor requires a decision by 
the  HSYK,  which  is  subject  to  judicial  review.  In  the  reporting  period,  the  HSYK  has  been 
criticised for a lack of consistency in applying the dismissal procedure.  

The authority leading and taking decisions on the recruitment and careers of judges should 
be independent from the executive and the legislative powers. Such decisions should always be 
grounded on objective, merit-based, uniform and pre-established criteria. 

Following  the  mass  dismissals  of  judges  and  prosecutors  in  the  aftermath  of  the  attempted 
coup, the appointment of new recruits in large numbers within two weeks has raised concerns 
about the selection procedure and their professional quality.  

Quality of justice 

The Justice Academy is responsible for pre-service and in-service training of candidate judges 
and  prosecutors.  Since  the  February  2014  legislative  changes,  the  President  of  the  Academy 
and deputies have been appointed by the executive, which is threatening the independence of 
the Judicial Academy. The human and financial resources of the judiciary seem proportionate 
to the challenges it faces. 

While mediation and various other alternative dispute resolution mechanisms are in place, they 
are  scarcely  used.  Overall,  the  quality  of  judicial  decisions  has  improved  in  recent  years. 
However,  the  weak  reasoning  and  poor  quality  of  some  indictments  —  without  appropriate 
selection and assessment of supporting evidence — remain a serious problem for the criminal 
justice system, in particular in terrorism-related cases.  

Courts all over the country normally have modern information and communication technology 
equipment. In all courts, an electronic case allocation system is in place as part of the national 
judicial  network  project,  UYAP.  This  system  offers  lawyers  and  parties  protected  access  to 
important information about judicial proceedings, and is used for statistical reporting. However, 
courts do not publish regular activity reports. 

19 

 
 
Efficiency 

In  general,  the  Turkish  judicial  system  has  enough  capacity  to  handle  its  caseload.  The 
establishment  of  the  Court  of  Appeals  from  20  July  2016  will  contribute  to  ensuring  the 
consistency of case-law and help reduce the backlog of the Court of Cassation. The length of 
proceedings has been a long-standing issue. The backlog of civil, criminal and administrative 
cases,  which had  been  reduced  in 2012, increased  again markedly in  the following years and 
more particularly in 2016. The judicial network is complex and, while there are enough support 
staff, there is no human resources management strategy.  

Fight against corruption 

The country has some level of preparation for the fight against corruption. Some progress has 
been achieved in the past year. Corruption remains prevalent in many areas and continues to be 
a  serious  problem.  The  adoption  of  a  new  strategy  and  anti-corruption  action  plan  is  a  step 
forward even if it remains rather limited in scope. The legal framework continues to suffer from 
important  gaps  and  the  executive’s  influence  on  the  investigation  and  prosecution  of  high-
profile corruption cases remained a major source of concern. 

Corruption  perception  remains  high.  A  broad  political  consensus,  strong  political  will  and 
a long-term  strategic  vision  are  required  to  start  tackling  corruption  properly.  In  addition  to 
addressing  the  shortcomings  outlined  below,  in  the  coming  year  the  country  should  in 
particular: 

→ establish a functionally independent anti-corruption body, in line with the United Nation’s 
Anti-Corruption Convention; 

→  ensure  an  effective  follow-up  to  the  recommendations  issued  by  the  Council  of  Europe's 
Group of States against Corruption (GRECO), including by adopting the necessary legislation;  

→ ensure full independence of prosecution and law enforcement bodies, particularly those in 
charge of high-level corruption investigations. 

Track record 

Turkey’s  track  record  of  investigation,  prosecution  and  conviction  in  high-level  corruption 
cases  remained  poor.  A  number  of  investigations  of  cases  of  corruption  involving  public 
officials,  e.g.  in  local  administration,  public  construction,  health  and  the  higher  education 
sectors,  resulted  in  their  conviction.  Control  and  inspection  units  continue  to  send  small 
numbers  of  potential  corruption  cases  to  the  prosecution  service.  Public  procurement,  land 
administration,  energy,  construction  and  transportation,  including  when  implemented  via 
public-private partnerships, remain particularly vulnerable to corruption. 

Political influence on judges and prosecutors and law enforcement officers continued to raise 
serious  concerns.  This  was  demonstrated  on  a  number  of  occasions  by  the  removal  and 
suspension or subsequent prosecution of judges, prosecutors and law enforcement officers who 
had led high-profile corruption cases implicating political figures. 

Financial investigations  are  not  required  in  cases  of  corruption  and organised  crime.  A  new 
regulation  adopted  in  April  further  strengthened  the  legal  framework  for  freezing  and 
confiscating  alleged  criminal  assets  providing  for  a  precautionary  freezing  mechanism  under 
certain  conditions.  The  level  of  detection  and  investigation  of  foreign  bribery  offences 
remained limited. With few exceptions, such as in the case of tender-rigging often handled with 
deferred pronouncement of sentences, the sentences handed down are a deterrent.  

The  track  record  of  control  of  the  financing  of  political  parties  and  electoral  campaigns 
demonstrates  very  low  system  effectiveness.  Constitutional  Court  decisions  on  external 
financial  audits  are  seriously  delayed.  During  the  last  five years,  no  major  political  party  has 

20 

 
 
been referred to the Public Prosecutor on grounds of breaching the party financing provisions 
of the Law on Political Parties. 

Despite  repeated  political  commitments,  no  new  legislation  revising  the  system  of  asset 
declaration and disclosure has been adopted. The existing system has been ineffective due to its 
limited scope, control mechanisms and measures preventing disclosure. As regards conflicts of 
interest,  the  most  common  breaches  include  misuse  of  discretionary  powers,  favouritism  in 
personnel recruitment, extravagance in spending public funds, financing gifts and reimbursing 
personal  expenses  from  public  funds.  Whistle-blowing  remained  rare  given  the  inadequate 
protection offered by the current legislation.   

Institutional framework 

For  the  prevention  of  corruption,  there  is  still  no  permanent,  functionally  independent  anti-
corruption  body.  The  lack  of  a  body  in  charge  of  fighting  corruption,  and  inadequate 
coordination  of  the  various  institutions,  are  major  impediments  to  policy  effectiveness.  The 
Prime Ministry Inspection Board coordinates preventive anti-corruption measures, but it is not 
independent  and  has  no 
investigation  powers.  The  Prime  Ministry 
Communications  Centre  (BIMER)  is  the  main  body  in  charge  of  reporting  on  corruption  and 
maladministration. Anti-corruption awareness-raising campaigns have not been conducted on a 
regular  basis.  There  is  no  comprehensive  policy  in  place  to  prevent  corruption  in  the  private 
sector. 

independent 

As regards law enforcement and prosecution, the country still lacks a specialised prosecution 
service to lead anti-corruption investigations. There are also few specialist courts. The current 
legal  framework  compromises  the  independence  of  the  HSYK  and  officers  acting  as  judicial 
police  and  prevents  them  from  carrying  out  effective  investigations.  An  information-sharing 
system  between  the  police  and  the  Financial  Intelligence  Unit  exists  and  electronic  access  to 
databases for the relevant agencies is at a moderately prepared level. 

Legal framework 

Although  passive  and  active  bribery are  defined in  the  criminal  code, the  definition of  active 
bribery  is  still  not  in  line  with  the  international  conventions  to  which  Turkey  has  acceded  or 
with GRECO recommendations. With few exceptions, sentences do have a deterrent effect. 

The legislation on the financing of political parties is weak as Turkey has not yet implemented 
all GRECO’s recommendations on the transparency of party funding, a benchmark of the visa 
liberalisation  roadmap.  The  2015  elections  took  place  in  a  legal  and  institutional  context  in 
which  individual  party  and  independent  candidates’  campaigns  were  not  subject  to  any 
transparency regulations 

The  many  exceptions  inserted  in  the  initial  public  procurement  law  have  left  public  tenders 
extremely  vulnerable  and  prone  to  corruption.  Amendments  to  the  Turkish  criminal  code  in 
2013 reduced the penalties imposed on tender-rigging to a level that is no longer proportionate 
to  the  potential  damage  to  the  public  interest.  Currently,  suspects convicted  of  tender-rigging 
charges can take advantage of deferred judgments. 

legislation  contains 

The  anti-corruption 
inadequate  provisions  on  prevention, 
prosecution and sanctioning of conflicts of interest as well as the declaration, verification and 
disclosure  of  assets.  Existing  penalties  are  not  deterrent  for  these  offences  and  enforcement 
remains  weak.  The  country  has  no  legislation  governing  lobbying.  Turkey’s  anti-corruption 
legislation  would  benefit  from  comprehensive  and  in  depth  scrutiny  to  identify  and  address 
loopholes.   

largely 

21 

 
 
Strategic framework 

Most of the measures enshrined in the anti-corruption strategy and action plan for 2010-2014 
were  not  implemented.  An  updated action  plan for  increasing  transparency  and strengthening 
the fight against corruption was adopted in April but is limited in scope. 

Fight against organised crime 

Turkey  has  achieved  some  level  of  preparation  in  the  fight  against  organised  crime.  Some 
progress  has  been  made  over  the  past  year  to  increase  institutional  capacity  and  adopt  new 
strategies and action plans in the field. 

However,  statistics  on  the  number  of  final  convictions  and  other  important  indicators  are  not 
available. Financial investigations remain underused. Precautionary freezing of assets is rarely 
applied  and  the  level  of  assets  confiscated  is  low.  In  the  coming  year,  Turkey  should  in 
particular: 

→ revise and implement  data  protection  legislation in  line with  European standards to  create 
the conditions for efficient and effective international police and judicial cooperation, including 
with Europol and Eurojust; 

→  take  measures  to  improve  its  track  record,  in  particular  by  dismantling  criminal  networks 
and confiscating criminal assets; 

→  collect  and  use  appropriate  aggregate  statistics  to  facilitate  threat  assessment,  policy 
development and implementation. 

Track record 

Turkey  further  developed  its  track  record  of  final  convictions  in  cases  related  to  organised 
crime.  However,  the  track  record  on  anti-money  laundering  measures  remained  insufficient. 
Financial  investigations  are  still  only  conducted  at  the  discretion  of  the  prosecution  service; 
there is no policy of systematically running financial investigations, only provision for specific 
cases  in  the  criminal  procedure  law.  The  prosecution  service  is  requesting  more  financial 
investigations  in  money  laundering  and  terrorism  financing  cases.  Precautionary  seizure  of 
assets in the initial phase of the investigation is being used.   

Institutional and operational capacity 

Prior to the July attempted coup Turkey had 271 564 police and 166 002 gendarmerie officers 
(including  conscripts).  In  the  aftermath  of  the  attempted  coup,  more  than  18  000  police  and 
gendarmerie officers have been suspended and more than 11 500 have been dismissed, while 
over 9 000 remain detained. Initial and in-service training is provided by the police academy. 
However, the academy’s capacity to provide specialised training is limited. 

There is a move towards further specialisation in law enforcement agencies. For example, new 
departments for the fight against drugs, migrant smuggling and human trafficking have been set 
up.  Specialisation  and  effectiveness  need  to  be  further  developed  through  training  and  staff 
retention in the relevant units. In terms of equipment, law enforcement bodies generally have 
appropriate modern vehicles, radio communication systems, software, hardware, and premises. 
Most databases are in place, though they are not always interconnected. 

Cooperation  on  the  ground  between  law  enforcement  bodies  needs  to  be  built  up  further,  in 
particular  between  the  police  and  the  gendarmerie.  Courts  need  greater  specialisation  in 
organised crime cases. 

There is no operational cooperation agreement with Europol as the data protection legislation 
is  not  yet  in  line  with  European  standards.  However,  Turkey  has  a  strategic  agreement  with 
Europol, in force since July 2004. In March 2016, Turkey signed an agreement with Europol on 
the appointment of a Turkish liaison officer in The Hague, who was subsequently seconded to 

22 

 
 
Europol  from  May  until  September  2016.  A  new  Liaison  Officer  has  been  selected  and  will 
start in November 2016 (see also chapter 24 - Justice, freedom and security). 

Turkey has a Law on Witness Protection, and witness protection units have been established 
in  81  provinces  under  the  national  police  and  the  gendarmerie’s  General  Command.  The 
legislation  contains  some  important  flaws  that  still  need  to  be  addressed  to  ensure  a  more 
effective witness protection policy. 

In the fight against cybercrime, Turkey set up a 24/7 contact point under the national police. 
The Internet Law, which allows the Telecommunications Presidency to remove or block access 
to content without a court order, remains a matter of concern (see also chapter 23 — Judiciary 
and fundamental rights). 

A  financial  intelligence  unit  is  in  place  under  the  Financial  Crimes  Investigation  Board 
(MASAK). The number of suspicious transactions analysed by the board has been rising every 
year. MASAK and law enforcement services continued to work in coordination with access to 
certain  databases.  Information  on  suspicious  transactions  is  used  to  help  improve  threat 
assessments and the  development of national policies and strategies. The board has increased 
the number of investigation staff and is upgrading its IT infrastructure. 

Legal framework 

The  criminal  code  is  to  a  large  extent  in  line  with  the  acquis  and  covers  a  range  of  specific 
types of crimes. However, some arrangements are necessary in relation to special investigation 
methods,  including  the  timeline  and  detailed  arrangements  for  their  use.  The  investigative 
powers  of  the  border  police  and  customs  remain  very  limited  and  highly  dependent  on  the 
police.  Some  improvements  need  to  be  made  to  the  legislation  on  cybercrime  and  witness 
protection.  Rules  on  third-party  confiscation,  on  extended  confiscation  and  on  precautionary 
freezing of assets need to be aligned.  

The legislation to combat money laundering and financing of terrorism is largely in line with 
the  recommendations  of  the  Financial  Action  Task  Force.  The  law  on  the  confiscation  of 
criminal assets is partially aligned with the acquis. Alignment with the acquis is still required 
as  regards  criminal  law  directives  covering  various  forms  of  serious  and  organised  crime, 
including on the confiscation of criminal assets and asset management. 

Strategic framework 

Turkey  is  providing  input  to  the  serious  and  organised  crime  threat  assessment  (SOCTA), 
although it has not yet adopted Europol’s reporting methodology. It also has a new strategy for 
combating organised crime (2016-2021) and an action plan (2016-2018). 

Turkey  is  implementing  a  number  of  sectoral  strategies  and  action  plans,  such  as  the  drugs 
national strategy and action plan for 2016-2018, which entered into force in April. A national 
cybersecurity 
in  February. 
A comprehensive multidisciplinary and victim-oriented approach to human trafficking remains 
to be developed. 

(2016-2019)  were  adopted 

strategy  and  action  plan 

Fight against terrorism 

Turkey was struck by several large-scale deadly terrorist attacks attributed to PKK and Da’esh 
in  the  reporting  period.  The  EU  condemns  all  acts  of  terrorist  violence  and  deplores  the 
casualties that these attacks have caused. Turkey has a legitimate right to defend itself against 
such  terrorist  violence,  but  the  measures  taken  need  to  be  proportionate  (see  Situation  in  the 
east  and  south-east).  In  its  efforts  to  fight  terrorism,  Turkey  has  been  giving  priority  to  the 
PKK,  particularly  following  a  severe  surge  of  violence  in  the  country  since  July  2015.  The 
PKK  remains  on  the  EU's  list  of  terrorist  organisations.  Turkey  has  addressed  the  terrorist 
threat from Da’esh more vigorously. It joined the Global Coalition to Counter ISIL/Da'esh in 
September  2014.  Following  the  terrorist  attacks  by  Da’esh,  Turkey  strengthened  its 
23 

 
 
engagement with the coalition and launched several air strikes and ground operation "Euphrates 
Shield"  against  Da’esh  positions  in  Syria.  It  also  maintained  an  agreement  with  the  United 
States  of  America  on  the  use  of  the  Incirlik  base  for  the  coalition  forces.  Turkey  has  been 
seriously affected by the phenomenon of foreign terrorist fighters transiting through the country 
and  is  a  source  of  terrorist  fighters.  It  has  improved  its  means  of  combating  the  financing  of 
terrorism.  Turkey’s  active  counter-terrorism  cooperation  with  the  EU  has  continued  with  the 
latest counter-terrorism dialogue being held in June, where particular attention was paid to the 
issue  of  foreign  terrorist  fighters.  The  phenomenon  of  foreign  terrorist  fighters  needs 
a dedicated  approach  by  the  intelligence  and  law  enforcement  community  and  a  consistent 
judicial  policy.  Turkey  should  pursue  its  efforts  to  effectively  prevent  and  counter 
radicalisation.  This  needs  to  be  done  in  close  cooperation  with  religious  leaders  and 
communities, social workers, the education system and youth organisations. 

2.4.   Human rights and the protection of minorities 

Overall situation 

The  Turkish  legal  framework  includes  general  guarantees  of  respect  for  human  and 
fundamental  rights,  which  need  to  be  further  improved.  The  enforcement  of  rights  stemming 
from  the  European  Convention  on  Human  Rights  (ECHR)  and  the  case-law  of  the  European 
Court of Human Rights (ECtHR) is not yet fully ensured. Turkey has taken some positive steps 
to address systemic problems by adopting an action plan on prevention of ECHR violations in 
2014. However, its general approach and lack of any robust monitoring mechanism  seriously 
hinder  its  implementation  and  impact.  The  legislative  scope  of  the  action  plan  needs  to  be 
widened  to  cover  all  rights  and  relevant  ECtHR  case-law.  Monitoring  of  its  implementation 
should be also improved.  

Last year’s recommendations still need to be addressed. There has been serious backsliding in 
the past year in the area of freedom of expression. Respect for human rights also deteriorated in 
the east and south-east in the context of the fight against terrorism and this continues to be a 
matter of serious concern. Turkey has a legitimate right to fight terrorism but it needs to ensure 
that anti-terror measures are proportionate, that it respects all human rights and that it fulfils its 
international  obligations.  Enforcement  of  rights  is  hindered  by  the  fragmentation,  limited 
independence and limited human and financial resources of public institutions responsible for 
human  rights  and  by  limited  awareness  among  their  staff  of  some  fundamental  rights  and 
freedoms.  Independent  civil  society  organisations  are  rarely  involved  in  law-  and  policy-
making processes. 

Following  the  coup  attempt  of  15  July,  a  state  of  emergency  was  declared  on  20 July  across 
Turkey  for  three  months  and  extended  for  another  three  months  on  3  October  under  which 
measures  curtailing  fundamental  rights  were  taken,  including  in  regards  to  pre-trial  detention 
and freedom of expression. Turkey notified the Council of Europe of its temporary suspension 
of  the  ECHR,  in  line  with  its  Article  15  derogation  provision.  The  Turkish  Constitution 
however  lists  inviolable  rights  that  cannot  be  suspended  under  the  state  of  emergency, 
including  the  right  to  life,  integrity  of  corporal  and  spiritual  existence,  protection  from 
retroactive  criminal  laws,  and  the  presumption  of  innocence.  Many  allegations  of  serious 
violations of the prohibition of torture and ill-treatment and of procedural rights were reported 
in the immediate aftermath of the attempted coup of 15 July. The prohibition of torture and ill-
treatment and procedural rights of suspected and accused persons need to be fully observed in 
law  and  in  practice,  in  line  with  the  country’s  international  obligations,  in  particular  the 
European Convention of Human Rights.  

Turkey should urgently address the recommendations of the Commissioner for Human Rights 
of  the  Council  of  Europe  of  October  2016  and  ensure  that  any  measure  is  taken  only  to  the 
extent  strictly  required  to  the  exigencies  of  the  situation  and  in  all  cases  stands  the  test  of 
necessity and proportionality. 

24 

 
 
 
Shortcomings particularly affect the following areas: 

•  In  addition  to  issues  in  the  area  of  freedom  of  expression  exposed  further  below,  concerns 
remain  regarding  the  full  respect  for  fundamental  rights  and  freedoms.  There  are  also 
insufficient measures to fight against impunity.  

•  Freedom  of  assembly  continues  to  be  overly  restricted,  in  law  and  practice,  in  particular 
through  disproportionate  use  of  force  in  policing  demonstrations  and  a  lack  of  sanctions  and 
investigations of law enforcement officers. 

•  Non-discrimination  is  still  not  sufficiently  enforced,  in  law  or  in  practice.  The  rights  of  the 
most vulnerable groups and of persons belonging to minorities should be sufficiently protected. 
Gender-based  violence,  discrimination,  hate  speech  against  minorities,  hate  crime  and 
violations of human rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons 
continue to be a source of a serious concern. 

• The anti-terror law and its implementation are not in line with the  acquis. The criminal and 
anti-terror legislation and their interpretation should be aligned with ECtHR case-law, without 
reducing  the  capacity  of  Turkey  to  fight  terrorism.  The  proportionality  principle  must  be 
observed in practice.  

In addition: 

•  There  are  strong  concerns  about  the  suspension  of  key  procedural  rights  under  the  state  of 
emergency. It is essential that any allegation of wrongdoing or crime is subject to due process 
based  on  evidence  and  fully  transparent  procedures  under  the  authority  of  an  independent 
judiciary  and  in  full  respect  of  fundamental  rights,  including  procedural  rights,  notably  as 
regards  the  respect  of  the  presumption  of  innocence,  individual  criminal  responsibility,  legal 
certainty, the right to defence, the right to a fair trial, equality of arms and right to an appeal.  

For a detailed analysis of developments on other human rights and the protection of minorities, 
see  chapter  23  —  Judiciary  and  fundamental  rights.  For  developments  in  the  areas  of  trade 
union rights, non-discrimination and equal opportunities, see also chapter 19 — Social policy 
and employment. 

Freedom of expression 

The  country  is  at  an  early  stage  in  the  area  of  freedom  of  expression,  the  media  and  the 
internet. In the past year, serious backsliding continued and gave rise to growing concern. Last 
year’s  recommendations  were  not  followed  and  can  therefore  be  restated.  Legislation  and 
practice do not comply with ECtHR case-law. Freedom of expression has come under serious 
strain. Ongoing  and  new  criminal  cases  against  journalists,  writers  or  social  media  users, 
withdrawal of accreditations as well as closure of or appointment of trustees to numerous media 
outlets  are  of  serious  concern.  Selective  and  arbitrary  application  of  the  law,  especially 
provisions on national security and the fight against terrorism, is having a negative impact on 
freedom of expression. The Internet Law and the general legal framework continue to enable 
the executive to block content without a court order on an unduly wide range of grounds.  

The  high  number  of  arrests  of  journalists  in  the  aftermath  of  the  July  attempted  coup  is  of 
serious  concern.  Any  alleged  wrongdoing  or  crime  should  be  subject  to  due  process,  and 
respect of the principle of presumption of innocence should be guaranteed.  

In the coming year, Turkey should in particular: 

→  refrain  from  undue  restrictions  on  freedom  of  expression,  including  in  relation  to  anti-
terrorism operations, in line with the Guidelines of the Committee of Ministers of the Council 
of Europe on protecting freedom of expression and information in times of crisis; 

25 

 
 
→ act against and refrain from the practice exercised in various forms by both state and non-
state agents of intimidating, interfering with and putting pressure on the media; 

→  ensure  that  criminal  law  provisions,  in  particular  articles  on  defamation  and  other  similar 
offences, are not used as a means of putting pressure on critical voices, by ensuring that courts 
apply ECtHR case-law; 

→  ensure  that  existing  legislation,  especially  the  anti-terror  law,  criminal  code,  the  Internet 
Law are revised to comply with European standards and are implemented in a manner which 
does not curtail freedom of expression and ensures proportionality and equality before the law. 

Intimidation of journalists 

A  high  number  of  arrests,  hearings,  detentions,  prosecutions,  censorship  cases  and  layoffs 
occurred,  as  the  Government  kept  the  media  under  heavy  pressure.  An  increasing  number  of 
international  journalists  were  deported  or  refused  entry  to  the  country.  Frequent  threats  and 
various  types  of  intimidation  from  state  and  non-state  agents  against  journalists  and  media 
outlets continue to be a serious concern. Investigative journalists face charges for reporting on 
the  activities  of  law  enforcement  agencies  or  intelligence  services.  A  number  of  physical 
attacks  on  media  outlets  and  journalists  took  place  and  no  major  progress  was  made  on 
identifying  perpetrators  related  to  old  cases  of  killings  and  assaults  on  journalists,  including 
from the 1990s. The closure of media outlets and the appointment of trustees to control media 
groups, leading to a change in editorial policy, restrict pluralism and the right of citizens to be 
informed and intimidate other media outlets. Prior to the 15 July coup attempt, there were 36 
journalists in prison, many of whom were charged with crimes under the anti-terrorism law. In 
the  aftermath  of  the  coup  attempt,  by  the  end  of  October,  some  90  journalists  were  arrested 
bringing the total to more than 130. Decrees taken under  the state of emergency also brought 
the closure of some 170 media outlets.  

The  trend  of  prosecutions  of  journalists,  writers,  social  media  users  and  other  citizens,  even 
juveniles, for insulting the President of Republic continued. Such cases often end with prison 
sentences, suspended sentences or punitive fines. This restrictive and intimidating environment 
leads to increased self-censorship and is not in line with the emerging European consensus on 
decriminalising defamation of heads of state or limiting this offence to the most serious forms 
of  verbal  attacks  while  restricting  the  range  of  sanctions  to  exclude  imprisonment.  On 
a positive note, in the aftermath of the coup attempt, the President and the Prime Minister have 
announced that they dropped a large number of cases brought for insulting them, but not those 
brought against HDP members. 

Legislative environment 

The  current  legal  framework  and  practice  do  not  guarantee  the  exercise  of  freedom  of 
expression, of the media and the internet. The Constitution permits restrictions to freedom of 
expression and a number of laws are not in line with European standards.  

The  legislative  provisions  on  anti-terrorism,  the  Internet  Law  and  the  Law  on  the  National 
Intelligence Agency severely impede freedom of expression. Provisions in these laws that run 
counter  to  European  standards,  ECtHR  case-law  and  the  recommendations  of  relevant 
international institutions should be revoked. The recommendations of the Venice Commission 
should be implemented. 

The  wide  powers  granted  to  the  Telecommunications  Communication  Presidency  (TIB)  to 
block  or  remove  internet  content,  upon  the  request  by  the  government,  continue  to  raise 
concerns. The judicial control for requests relating to content takedowns or blocking content is 
within the remit of the individual decision of Criminal Judges of Peace. Political influence on 
the  judiciary  and  communication  authorities  to  implement  restrictive  blocking  of  websites  or 
take down content should be prevented in practice. 

26 

 
 
The  lack  of  clear  procedures  for  accreditation  and  their  uneven  application  continued  to  be a 
problem. Under  the criminal  code, prosecution for  insulting high-level politicians, including 
the  President,  and  insulting  religion  and  blasphemy  are  criminal  offences  carrying  prison 
sentences.  In  addition  to  prison  terms,  high  fines  have  a  deterrent  effect  on  media  reporting. 
The  legislation  on  hate  speech  is  not  in  line  with  ECtHR  case-law.  Neither  the  law  on  the 
registration and accreditation of journalists nor the law on access to information are fully in line 
with international standards. 

Implementation/institutions 

Media  blackouts  of  information  considered  sensitive,  including  reporting  on  terrorist  attacks, 
are  a  recurrent  trend.  Criminal  legislation  on  defamation  against  the  state,  its  institutions, 
employees  or  other  symbols  of  statehood  is  extensively  used  against  journalists,  lawyers  and 
users of social media critical of the government. Application of this provision should be limited 
to statements inciting violence and hatred. The recurring practice of taking down content and 
blocking links to social media sites has increased exponentially in recent years and should be 
curtailed.  Monitoring  by  civil  society  organisations  indicate  that  as  of  June  close  to  111  786 
websites have been banned, of which only 2.6 % following a court decision. Twitter also lists 
Turkey as the by far leading country in the world in terms of request for removal of accounts or 
content, with more than 3 200 requests received in 2015.  

Public service broadcasters 

Regarding  the  regulatory  framework,  while  the  work  of  the  Radio  and  Television  Supreme 
Council  (RTÜK)  is  fairly  transparent,  with  decisions  being  published  together  with  the 
supporting expert  reports, there are concerns about  its independence  and neutrality. Members 
are  elected  by  Parliament  without  the  involvement  of  civil  society  or  professional 
organisations.  Regulation  of  the  public  service  broadcaster  is  not  in  line  with  European 
standards.  The  editorial  policy  of  the  public  service  broadcaster,  the  Turkish  Radio  and 
Television  Corporation  (TRT),  displays  a  significant  pro-government  line.  Changes  to  the 
election  procedure  for  members  of  the  RTÜK  and  Telecommunications  Communication 
Presidency  would  minimise  the  risk  of  political  pressure  and  improve  the  perception  of 
independence. 

Economic factors 

The  lack  of  transparency  of  media  ownership  casts  doubt  on  the  independence  of  editorial 
policies.  A  small  number  of  media  groups  dominate  the  media  market.  They  often  belong  or 
remain affiliated to businesses with interests in energy, construction, real estate, trade, finance 
and  tourism.  Media  outlets  are  vulnerable  to  economic  pressure  from  major  customers, 
including the state. 

The  takeover  of  media  outlets  and  the  appointment  of  trustees  to  control  media  groups  has  a 
negative  economic  impact  with  loss  of  hundreds  of  jobs.  A  decree  taken  under  the  state  of 
emergency also brought the closure of a large number of media outlets.  

State-sponsored advertising is not fairly and transparently distributed. This distorts the market 
and  adds  to  the  economic  pressure  on  some  media  outlets.  Independent  and  sustainable 
financing  of  the  public  service  broadcaster  is  not  ensured.  The  broadcasting  law  does  not 
ensure fair competition as it does not prevent monopolisation. 

Professional organisations, professional conditions 

The representation of journalists continues to be divided between the professional journalists’ 
associations and the pro-government union. Journalism is an increasingly precarious profession 
with low wages, the risk of judicial harassment and lack of job security. Working conditions, 
insufficient trade union rights and application of labour legislation, the difficulty of obtaining a 

27 

 
 
press  card  and  arbitrary  accreditation  decisions  remain  major  concerns.  Some  foreign  news 
correspondents have not been granted an extension of their press accreditation. 

Situation in the east and south-east 

The situation in the south-east remained one of the most critical challenges for the country. 
Following the collapse of the Kurdish settlement process in July 2015, the south-east saw a 
further serious deterioration of the security situation, leading to heavy casualties, large-scale 
internal displacement and extensive material devastation. Government anti-terror operations, 
reinforced  by  extended  blanket  curfews,  were  conducted  across  urban  centres  against  an 
insurgency led by the PKK and PKK-affiliated groups. War-like conditions prevailed in some 
provinces. Systematic serious violations of human rights were extensively reported. The scale 
of internal displacement from curfew zones and lack of access to basic services in those areas 
are  also  sources  of  major  concern.  The  rapid  deterioration  in  the  security  environment  has 
taken its toll on the local economy. The government also used post-coup measures to suspend 
many  municipal  counsellors  and  mayors  and  teachers  and  to  close  a  number  of  Kurdish-
language  media  outlets.  In  November,  several  HDP  Members  of  Parliament,  including  the 
two  Co-Chairs,  were  detained  and/or  arrested  on  charges  alleging  support  for  terrorist 
activities.  The  settlement  of  the  Kurdish  issue  through  a  political  process  is  the  only  way 
forward; reconciliation and reconstruction are also becoming key issues for the authorities to 
address.  

The situation in the region in the reporting period was marked by further escalation of violence 
by the terrorist Kurdistan Workers’ Party (PKK) and PKK-affiliated groups. The PKK remains 
on  the  EU  list  of  terrorist  organisations.  The  government  continued  extensive  security  and 
military  operations  against  the  PKK,  including  air  strikes  on  their  bases  in  both  Turkey  and 
Iraq.  The  PKK  responded  partly  by  expanding  the  conflict  to  the  cities  of  western  Turkey, 
committing large-scale deadly terrorist acts in Ankara and Istanbul. The EU firmly condemned 
these  terrorist  acts.  The  government  has  a  legitimate  right  to  act  against  terrorism  but  is 
responsible for ensuring that this fight fully respects human rights, fundamental freedoms and 
obligations under international law. 

The  Government  pledged  to  continue  security  operations,  dismissing  any  prospect  of 
a resumption of the talks  with  the PKK, unless  the terrorists surrendered arms and  pulled the 
militants  out  of  Turkey’s  territory.  Long-lasting,  round-the-clock  curfews  were  imposed  in 
several  cities;  these  severely  disrupted  citizens’  daily  lives  and  impeded  access  to  healthcare 
and education. Most of these curfews have now been lifted, but they were followed by others. 
Between July 2015 and September 2016, over 1 500 people – of which 320 civilians, including 
75 children and over 600 security force members – have been killed and 1 600 were injured in 
clashes between the security forces and the PKK.  

There were many credible reports of alleged severe human rights violations committed by the 
security  forces,  including  torture,  ill-treatment,  arbitrary  arrests  and  breaches  of  procedural 
rights.  Legislation  regulating  the  burial  of  dead  bodies  of  unidentified  persons,  which  was 
amended  twice  in  the  reporting  period,  reportedly  prevented  proper  forensic  examinations 
needed for thorough judicial investigations. There were alarming reports of damage to cultural, 
historical  and  religious  heritage  sites  during  the  curfews,  including  in  the  Sur  district  in 
Diyarbakır. Disproportionate destruction of private and communal property and infrastructure 
by  heavy  military  artillery,  as  in  Cizre,  is  a  cause  for  serious  concern.  An  estimated  355 000 
people  have  been  internally  displaced.  The  expropriation  of  Sur  District  in  March  for  the 
purpose  of  reconstruction  further  raised  tensions  in  the  city.  Lack  of  official  information  or 
follow-up on all allegations of human rights violations is extremely worrying (See also chapter 
23). All allegations of human rights violations need to be duly investigated, their perpetrators 
brought to justice and redress made available to victims. 

28 

 
 
The effect of the curfews and alleged severe human rights violations were denounced by UN 
Committee Against Torture (CAT) and the Commissioner for Human Rights of the Council of 
Europe  following  his  visit  to  the  region.  Unimpeded  access  to  the  region  by  independent 
investigators is urgently needed. The Venice Commission found that the declarations of curfew 
were  not  in  line  with  the  Constitution  or  with  Turkey’s  international  commitments  and 
recommended  review  of  the  relevant  legislation.  A  petition  for  a  temporary  injunction  on 
frequent  days-long  curfews  was  rejected  by  the  ECtHR  due  to  insufficient  data.  The 
Constitutional Court rejected an application for a similar injunction. The judgement by ECtHR 
on the substantive application regarding curfews is pending. Many civil society initiatives and 
petitions  called  for  a  resumption  of  the  Kurdish  settlement  process.  A  declaration  of  protest 
signed by more than a thousand academics was severely supressed by the authorities and led to 
numerous arrests, dismissals and trials. In the aftermath of the attempted coup, a large number 
of  Kurdish  teachers  have  been  suspended  over  alleged  links  to  terrorism.  33  mayors  were 
suspended over alleged terrorist ties or links to the Gülen movement, including the co-mayors 
of Diyarbakır who were subsequently arrested. Trustees were assigned to these municipalities 
by  decree  issued  under  the  state  of  emergency.  The  Democratic  Regions  Party  DBP,  party 
governing  in  most  of  these  municipalities,  applied  to  the  Constitutional  Court  to  annul  the 
appointment of trustees in 24 cases. Out of 39 Kurdish-language television and radio stations, 
23 were closed on charges of spreading terrorist propaganda.  

No  comprehensive  plan  was  developed  to  address  the  issue  of  missing  persons,  including 
thorough  and  independent  investigations  into  alleged  past  cases  of  extrajudicial  killing  by 
security and law enforcement officers or by the PKK. The recommendations of the UN Special 
Rapporteur about lack of prosecutions over extrajudicial, summary or arbitrary executions were 
not  addressed.  Mass  graves  were  not  adequately  investigated.  In  February,  the  Constitutional 
Court concluded the case on the 2011 killing of 34 civilians by the military at Uludere/Roboski 
and rejected the application of families of victims on grounds that the missing documents were 
not  submitted  in  time.  Victims'  families  subsequently  sent  an  application  to  the  ECtHR.  The 
statute  of  limitations  for  cases  of  missing  persons  and  extrajudicial  killings  dating  from  the 
1990s remained in force.  

A 10-point action plan for the south-east announced in February by the then Prime Minister has 
not  been  implemented.  In  September  Prime  Minister  Yildirim  announced  an  investment 
package  to  reconstruct  the  provinces  damaged  by  the  fights,  and  to  reduce  the  growing 
disparities with the rest of the country. Comprehensive rehabilitation of the region is urgently 
needed.  In  addition  to  the  huge  influx  of  refugees  from  Syria  and  Iraq,  the  newly  displaced 
population has put local communities under tremendous strain. 

Refugees and internally displaced persons 

The handling of the massive influx of mostly Syrian refugees has become a priority issue for 
the  Turkish  authorities.  Turkey  continued  to  make  outstanding  efforts  to  provide  shelter  to 
about 3 million refugees from Syria and Iraq and other countries. Around 10 % of the refugees 
are living in camps with all necessary services provided.  

In January, the Turkish authorities adopted a regulation on work permits for foreigners under 
temporary  protection,  allowing  Syrians  to  be  employed  legally  in  Turkey  under  certain 
conditions.  Turkey  has  also  adopted  a  regulation  on  work  permits  for  people  applying  for 
international  protection  and  those  in  receipt  of  international  protection.  It  paves  the  way  to 
improving  the  livelihoods  of  the  Syrian  refugees  and  their  prospects  of  integration.  Syrian 
refugees  are  reported  to  be  often  employed  informally  without  social  rights  and  under  harsh 
working  conditions.  There  have  been  unconfirmed  reports  of  alleged  expulsion,  return  and 
deportation of Syrian nationals contrary to the non-refoulement principle. 

There were formerly around one million internally displaced persons (IDPs), most of whom 
fled  their  homes  between  1986  and  1995  due  to  the  armed  conflict  in  the  south-east.  The 
29 

 
 
process  of  compensating  IDPs  continued  but  there  is  a  need  for  an  overall  assessment  of  the 
process. In addition, the number of new IDPs as a result of the ongoing security operations in 
the south-east is officially estimated at 355 000. There is an urgent need to fully compensate the 
affected  IDPs.  The  situation  of  persons  who  became  IDPs  in  Diyarbakır’s  Sur  district,  after 
several  neighbourhoods  were  demolished  and  expropriated  by  the  government,  needs  to  be 
addressed  urgently.  There  is  an  urgent  need  for  a  comprehensive  national  action  plan  and 
strategy to address all the challenges faced by IDPs, such as security zones, village guards and 
a lack of infrastructure. The presence of landmines in some areas hampers the return of IDPs to 
their villages. 

2.5.   Regional issues and international obligations 

Cyprus 

Turkey continued to express support for the talks on a comprehensive settlement between the 
leaders  of  the  two  communities,  and  for  the  efforts  of  the  UN  Secretary-General’s  Special 
Adviser. 

However, in March and August Turkey made statements challenging the right of the Republic 
of  Cyprus  to  exploit  hydrocarbon  resources  in  the  Cyprus  Exclusive  Economic  Zone  for  the 
benefit  of  all  Cypriots.  The  EU  has  repeatedly  stressed  the  sovereign  rights  of  EU  Member 
States, which include inter alia entering into bilateral agreements and exploring and exploiting 
their  natural  resources in  accordance  with  the  EU  acquis  and  international  law,  including  the 
UN  Convention  on  the  Law  of  the  Sea.  The  EU  has  also  stressed  the  need  to  respect  the 
sovereignty of Member States over their territorial sea and airspace. 

As emphasised in the Negotiating Framework and Council declarations, Turkey is expected to 
actively support the negotiations on 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 EU is founded. Turkey’s commitment 
and  contribution  in  concrete  terms  to  this  comprehensive  settlement  remains  crucial.  The 
process of granting the Committee on Missing Persons full access to all relevant archives and 
military  areas  has  seen  welcome  developments  but  needs  to  be  further  expedited.  Despite 
repeated  calls  by  the  Council  and  the  Commission,  Turkey  has  still  not  complied  with  its 
obligations as outlined in the declaration of the European Community and its Member States of 
21 September  2005  and  in  Council  conclusions,  including  those  of  December  2006  and 
December  2015.  Turkey  has  not  fulfilled  its  obligation  to  ensure  full  and  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 
the  Republic  of  Cyprus.  There  was  no  progress  on  normalising  bilateral  relations  with  the 
Republic of Cyprus. 

Turkey continued to veto applications by the Republic of Cyprus to join several international 
organisations such as the OECD. 

Peaceful settlement of border disputes 

Bilateral exploratory talks were held between Greece and Turkey to find common ground  for 
the start of negotiations on the delimitation of the continental shelf. 

Greece continued to object to Turkey’s launch of a tender for offshore oil and gas exploration 
including part of the continental shelf off the Greek island of Castellorizo.   

The  threat  of  casus  belli  in  relation  to  the  possible  extension  of  Greek  territorial  waters,  as 
made  in  a  Turkish  Grand  National Assembly  resolution  in  1995,  still stands.  In  line  with  the 
Negotiating Framework and previous European Council and Council conclusions, the Council 
has reiterated 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, 

30 

 
 
 
having recourse, if necessary, to the International Court of Justice. In this context, the EU has 
again  expressed  serious  concern,  and  urged  Turkey  to  avoid  any  kind  of  threat  or  action 
directed against a Member State, or source of friction or actions that damage good neighbourly 
relations and the peaceful settlement of disputes. Greece and Cyprus made formal complaints 
about  repeated  and  increased  violations  of  their  territorial  waters  and  airspace  by  Turkey, 
including flights over Greek islands. 

Regional cooperation 

Good neighbourly relations form an essential part of Turkey’s process of moving towards the 
EU.  Bilateral  relations  with  other  enlargement  countries  and  neighbouring  EU  Member 
States  have  been  good.  Cooperation  with  Greece  and  with  Bulgaria  in  the  area  of  migration 
intensified. The fourth Turkey-Greece High Level Cooperation Council was held in Turkey in 
March 2016. Turkey  has  continued its policy of engagement  in  the Western  Balkans. Turkey 
maintained strong ties with countries in the region and supported their respective efforts to join 
NATO and the EU. Relations continued positively with Albania and a readmission agreement 
was signed with Kosovo* in December 2015. Contacts with Bosnia and Herzegovina and Serbia 
developed positively, including in the framework of the trilateral cooperation between Turkey, 
Serbia and Bosnia and Herzegovina. Under the common security and defence policy, Turkey is 
continuing to contribute to the EU-led military mission in Bosnia and Herzegovina and to the 
EULEX rule of law mission in Kosovo. 

3.   ECONOMIC CRITERIA 

Key economic figures 

Gross domestic product per capita (% of EU28 in PPS) 

GDP growth (%) 

2014 

53 

3.0 

2015 

53 

4.0 

Unemployment  rate  for  persons  aged  15  years  and 
older (female; male) (%) 

9.9 (11.9; 9.0) 

10.4 (12.6; 9.2) 

Economic  activity  rate  for  persons  aged  20–64: 
proportion  of  the  population  aged  20–64  that  is 
economically active (%) 

Current account balance (% of GDP) 

Net foreign direct investment (FDI) (% of GDP) 

Source: Eurostat, National Statistics Agency 

58.9 

-5.5 

1.6 

59.9  

-4.5 

2.4 

In  line  with  the  conclusions  of  the  European  Council  in  Copenhagen  in  June  1993,  EU 
accession requires the existence of a functioning market economy and the capacity to cope with 
competitive pressure and market forces within the Union. 

The  monitoring  of  these  economic  criteria  should  also  be  seen  in  the  context  of  the  central 
importance  of  economic  governance  in  the  enlargement  process.  Each  enlargement  country 
prepares  an  Economic  Reform  Programme  (ERP)  annually,  which  sets  out  a  medium-term 
macro-fiscal  policy  framework  and  a  structural  reform  agenda  aimed  at  ensuring 
competitiveness  and  inclusive  growth.  The  ERPs  are  the  basis  for  country-specific  policy 

* This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ 
Opinion on the Kosovo declaration of independence. 

31 

 
 
 
 
 
                                                            
guidance jointly prepared by the EU and the Western Balkans and Turkey at ministerial level in 
May each year. 

3.1.  The existence of a functioning market economy 

The  Turkish  economy  is  well  advanced  and  can  be  considered  a  functioning  market 
economy.  Public  finances  are  on  a  sustainable  course.  Economic  growth  strengthened  last 
year, but is slowing again in 2016 while unemployment remains relatively high. The current 
account  deficit  has  narrowed  mainly  as  a  result  of  the  lower  oil  price.  Nevertheless,  the 
external  deficit  remains  large  and  makes  the  Turkish  economy  vulnerable  to  financial 
uncertainty, changes in global investors' sentiment and political risks. The central bank cut 
interest  rates  even  though  inflation  remained  well  above  the  official  target.  The  business 
environment continued to deteriorate due to targeted actions against critical media, business 
people  and  political  opponents  through  the  active  use  of  the  tax  authority,  the  financial 
crimes unit and courts. The implementation of structural reforms to improve the functioning 
of the markets for goods, services and labour has stalled. Overall, there was backsliding. 

In  line  with  the  ERP  recommendations  and  in  order  to  support  long-term  growth,  in  the 
coming years Turkey should pay particular attention to: 

→  promoting  domestic  saving,  including  through  a  sufficiently  restrictive  fiscal  policy,  in 
view of the persistently large current account deficit; 

→ making monetary policy more focused on the pursuit of price stability; 

→ improving the business environment by strengthening the rule of law, making it easier to 
start a business and strengthening competition. 

Economic governance 

Turkey  has  a  functioning  market  economy,  but  the  resolve  to  address  underlying 
macroeconomic imbalances has been uneven. The recommendations from 12 May 2015 were 
only  partially  implemented.  The  government´s  Economic  Reform  Programme  for  2016-2018 
projects an overly optimistic macroeconomic scenario in which GDP growth strengthens while 
unemployment,  inflation  and  the  current  account  deficit  decrease.  The  establishment  of  a 
Deputy PM post to oversee structural reforms was a positive development as it has the potential 
to  improve  the  coordination  of  economic  policy-making  between  government  bodies.  At  the 
same  time,  targeted  government  actions  against  critical  media,  business  people  and  political 
opponents through the active use of the tax authority, the financial crimes unit and courts, have 
had negative effects on the business climate. Uncertainty over the central bank’s independence 
in carrying out monetary policy continued to the detriment of macroeconomic stability. 

Macroeconomic stability 

Figure 1 Turkey GDP growth 

32 

 
 
 
8,0

6,0

4,0

2,0

0,0

-2,0

-4,0

10,0

P
D
G

f
o
%

60
55
50
45
40
35
30
25
20
15
10
5
0

The Turkish economy has grown 
at  an  average  annual  rate  of 
3.7 %  over  the  past  three  years. 
GDP growth increased gradually in 
2015, with growth rates moving up 
from 2.5 % year-on-year in the first 
quarter  to  5.7 %  in  the  last  quarter 
of 
the  year.  The  annual  GDP 
growth  of  4.0  %  was  solely  driven 
by  domestic  demand,  particularly 
based  on  accelerating  household 
consumption  and  public  spending. 
remained 
investments 
Private 
relatively  weak,  while 
the 
contribution  of  net  exports  was 
negative. In 2016, GDP growth has slowed to 3.1 % year-on-year in the second quarter as net 
exports  continued  to  deteriorate  and  private  investment  activity  weakened.  The  decline  in 
foreign  tourist  visits  (32  %  year-on-year  in  the  first  eight  months)  has  weighed  heavily  on 
economic  activity  in  the  third  quarter.  GDP  per  capita  based  on  purchasing  power  parity 
remained unchanged in 2015 at 53 % of the EU average.  

GDP per capita in purchasing power standards, EU28=100 (RHS)
GDP growth (LHS)

2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

-6,0

Effects of the failed coup attempt on the overall economic situation are still difficult to assess. 
After  an  initial  sell-off,  Turkish  financial  markets  recovered,  although  not  quite  to  the  levels 
before 15 July. Industrial production and retail sales dropped sharply in July and some survey 
indicators declined. Restoring and maintaining investor confidence will in any case require the 
rule of law and independence of the judiciary to be respected. 

Turkey’s current account deficit has narrowed significantly, but remains relatively high. 
The deficit has declined from 7.7 % of GDP in 2013 to 4.5 % in 2015 as the lower oil price has 
reduced the energy import bill and the notoriously volatile gold trade has swung from deficit to 
surplus.  The  underlying  deficit,  however,  has  not  improved.  Excluding  energy  and  gold,  the 
current account actually deteriorated by 1.5 percentage points of GDP between 2014 and 2015.  

The  external  deficit  reflects  a  persistent  shortfall  of  domestic  saving  requiring 
compensating  inflows  of  foreign  capital.  Most  capital  inflows  tend  to  be  portfolio 
investments  by  foreign  investors  and  foreign  borrowing  by  Turkish  banks.  Foreign  direct 
investment  (FDI)  has  represented  a  relatively  small  proportion  of  the  required  capital  inflow 
since the global financial crisis. In 2015, however, FDI covered 36.5 % of the current account 
deficit  as  a  result  of  a  number  of  large  foreign  investments  in  the  financial  sector.  The 
dependence  on  volatile  types  of  capital  inflows  makes  the  Turkish  currency  and  economy 
vulnerable to a sudden loss of investor confidence. Gross external debt as a percentage of GDP 
has edged higher, reaching 58.0 % of GDP at the end of March 2016, most of which is owed by 
the private business sector. A particular concern relates to the foreign currency debt of private 
companies that receive most of their revenues in domestic currency: when the lira depreciates, 
their ability to service their foreign debt deteriorates. 

33 

 
 
 
 
 
 
Inflation  has  remained  in  high  single  digits.  This  has  significant  costs  in  terms  of 
macroeconomic  stability,  resource  allocation and  redistributive  effects.  In  spite  of  the  oil 
price  decline,  consumer  price  inflation  increased  from  8.2 %  to  8.8 %  year-on-year  during 
2015. Over the first nine months of 2016, inflation fell in the context of only modestly rising 
food  prices  and  a  relatively  stable  exchange  rate.  Headline  inflation  stood  at  7.3  %  in 
September  which  is  still  clearly  above  the  official  target  of  5  %.  The  Turkish  lira's  bilateral 
exchange  value  against  the  euro  increased  marginally  (1.0 %)  between  the  end  of  September 
2015 and the end of September 2016. 

repo 

rates  and 

increasingly  unanchored 

ERP  policy  guidance:  Reinforce  the  central  bank's  focus  on 
price  stability  in  monetary  policy  by  further  tightening  the 
policy  stance  against  the  backdrop  of  high  (above-target) 
inflation 
inflation 
expectations.  A  simplification  of 
the  monetary  policy 
framework  in  line  with  the  central  bank's  own  forward 
guidance,  published  in  August  2015,  would  help  to  buttress 
the  credibility  of  the  inflation  targeting  framework  in  place. 
Using  the  main  policy  rate,  rather  than  a  range  of  other 
instruments, in the conduct of monetary policy would be more 
transparent  and  strengthen  the  central  bank's  credibility  in 
fighting inflation in the medium term. 

The central bank has eased monetary policy and continued to pursue multiple objectives 
as  part  of  an  overly  complex  monetary  policy  framework.  Although  price  stability  is  the 
primary objective, the central 
bank is also pursuing macro-
financial  stability  and  trying 
to  dampen  exchange  rate 
fluctuations. The central bank 
has kept the main policy rate 
rate) 
(the  one-week 
unchanged  at  7.5  %  since 
February  2015,  but  has 
the 
gradually 
overnight  lending  rate  from 
10.75  %  to  8.25  %  between 
March 
and  September 
2016.  As  a  result,  the 
average  cost  of  funding 
has  declined  significantly 
in  the  reporting  period. 
This  easing  of  monetary 
policy is inconsistent with 
the inflation target.  

Figure 2 Turkey fiscal developments 

lowered 

P
D
G

P
D
G

1,5

2,0

2,5

3,0

35

40

45

25

30

f
o
%

20

1,0

f
o
%

5

15

10

It  has  taken  place  against 
the 
of 
background 
repeated  strong  calls  for 
lower  interest  rates  from 
the  President  and  parts  of 
the 
government. 
Monetary  policy  should 
focus more on its primary 
objective  of  price  stability  in  order  to  attain  the  official  inflation  target.  Furthermore,  a 
simplification  of  the  monetary  policy  framework  would  improve  its  transparency  and 
predictability and strengthen the central bank's credibility.  

2015
Budget deficit (RHS)

Public debt (LHS)

2010

2011

2012

2013

2014

-0,5

0,0

0,5

0

On public finances, the budget deficit remained moderate and public debt continued on a 
sustainable path. The 2015 central government budget deficit is estimated at 1.2 % of GDP, 
which is marginally lower than in the preceding year (1.3 %) but slightly higher than originally 
planned (1.1 %). Revenues increased by 13.6 % year-on-year while expenditures rose by 12.8 
%,  both  exceeding  nominal  GDP  growth  (11.7  %).  General  government  debt  increased  by 
9.8 % in absolute terms in 2015, but declined by 0.6 percentage points as a percentage of GDP 
to  32.9 %,  i.e.  it  is  clearly  at  a  sustainable  level.  In  a  wider  macroeconomic  perspective, 
however,  the  fiscal  policy  stance  has  not  appropriately  addressed  Turkey's  persistent  external 
imbalance  in  recent  years.  Public  finances  have  an  important  role  to  play  in  raising  overall 

34 

 
 
 
 
 
 
 
 
 
domestic saving and reducing the need for capital inflows through an appropriately tight fiscal 
policy stance. 

There  was  no  progress  on  increasing  the 
transparency  of  the  fiscal  framework, 
which  continued  to  suffer  from  the  lack  of 
timely 
in  accordance  with 
international  standards.  Adopting  a  fiscal 
rule  would  increase  credibility  and  support 
the  envisaged  reduction  of  the  structural 
fiscal deficit. 

information 

ERP  policy  guidance:  Promote  domestic 
saving in view of the persistently large current 
account deficit. Fiscal policy has an important 
role  to  play  in  this  regard  by  following  a 
sufficiently  restrictive  stance.  Reducing  the 
rigidity  of  public  expenditures  would  help  to 
make  the  fiscal  policy  stance  more  responsive 
to  macroeconomic  needs.  The  adoption  of  a 
fiscal rule would enhance budget transparency, 
provide an important fiscal anchor and enhance 
credibility. 

to 

of 

Overall,  the  Turkish  economy  remains 
financial 
bouts 
vulnerable 
uncertainty  and  changes  in  global  risk 
sentiment and there is scope for adjusting 
monetary  and  fiscal  policy  to  lower  the  macroeconomic  imbalances.  The  persistence  of  a 
large  current  account  deficit  and  the  associated  dependence  on  capital  inflows  makes  Turkey 
prone to boom-bust cycles. The recent easing of monetary policy has been inconsistent with the 
official inflation target.  Considering the continued overshooting of the inflation target and the 
chronically low private saving rate, monetary policy is too accommodative. Furthermore, fiscal 
policy should help to increase domestic saving by pursuing a sufficiently restrictive course. 

Functioning of product markets  

Business environment  

Starting a business has become more cumbersome and remains expensive. It now required 
8  separate  procedures  and  took  7.5  days  on  average,  up  from  7  procedures  and  6.5  days  in 
2014. The average cost of starting a business remained virtually unchanged in 2015 at 16.6 % 
of per capita income. On the positive side, obtaining a construction permit became significantly 
faster  in  2015,  but  is  still  very  burdensome.  In  2015,  the  number  of  newly  established 
businesses increased by 15.2 %. 

Market  exit  also  remained  costly  and  has  become  even  longer  while  insolvency 
proceedings  were  still  heavy  and  inefficient.  Closing  a  business  has  become  significantly 
more time-consuming and has remained expensive. Insolvency procedures lasted an average of 
4.5 years and recovery rates fell further to the very low level of 18.7 % on average. The number 
of businesses closing down or being liquidated fell by 13.4 % in 2015 compared with 2014.  

The overall business environment continued to deteriorate due to targeted actions against 
critical  media,  business  people  and  political opponents  through  the  active  use of  the  tax 
authority, the financial crimes unit and courts. In actions largely perceived to be politically 
motivated,  the  government  has  acquired  active  control  of  several  media  assets  (Bugün, 
Kanaltürk,  Zaman),  companies  (Koza-İpek  group),  private  university  preparation  courses  and 
universities (Haliç) by appointing trustees in their management. It also seized one bank (Bank 
Asya).  

Following  the  failed  coup  attempt  of  15  July 
and  under  the  state  of  emergency  rule,  this 
type  of  state  intervention  has  become  more 
widespread.  Several  private 
companies, 
private  foundations  and  universities  were 
seized on the basis of alleged links with the Gülen movement. Allegations of wrongdoings by 
individual  companies  need  to  be  subject  to  due  process  with  respect  for  the  separation  of 
powers  and  the  independence  of  the  judiciary.  Abstaining  from  politically  motivated 

ERP policy guidance: Strengthen the rule of 
law and the judiciary with a view to restoring 
investors' confidence. 

35 

 
 
expropriation  of  private  assets  by  court  decisions,  including  independent  media,  would  help 
restore investors' confidence. 

A reasonably well-functioning legal system has  been  in  place for several years in the  area of 
property rights. Enforcement of commercial contracts was still a rather lengthy process, but the 
introduction of an electronic filing system for court users made enforcing contracts easier. Out-
of-court  dispute  settlement  systems  have  been  operational  already  in  banking,  insurance  and 
customs. Additional arbitration mechanisms have spread to other areas rapidly, particularly on 
employee-employer  disputes.  The  number  of  cases  referred  to  arbitration  bureaus  increased 
from 200 in 2014 to 1,160 in 2015 and reached 1,040 in the first quarter of 2016. The judicial 
system and its administrative capacity could be further improved. 

State influence on product markets 

The government continued to intervene in the price-setting mechanism in key sectors. The 
proportion  of  directly  administered  prices  in  the  consumer  price  index  (CPI)  basket  has 
remained  below  5 %.  However,  food  and  alcohol  prices,  which  together  make  up  more  than 
25 % of the consumer basket, continued to be highly sensitive to policy decisions. For energy 
(natural  gas  and  electricity),  automatic  pricing  mechanisms  were  applied  in  principle.  In 
practice, however, the government continued to set end-user prices, effectively suspending the 
automatic  pricing  mechanisms.  There  was  no  progress  on  eliminating  the  charging  of  higher 
prices  to  one  group  of  consumers  in  order  to  subsidise  lower  prices  for  another  group  in  the 
wholesale and retail electricity markets. 

There was no progress in improving the transparency of state aid. Legislation to implement 
the  State  Aid  Law,  originally  scheduled  to  be  passed  into  law  by  September  2011,  has  been 
postponed  for  yet  another  year  until  the  end  of  2016.  The  State  Aid  Authority  has  still  not 
formally set up a comprehensive state aid inventory or adopted an action plan to align all state 
aid schemes, including the 2012 incentives package, with the acquis. (See also chapter 8.) 

Privatisation and restructuring 

Privatisation  slowed  down  again.  Following  the  surge  in  2013,  privatisation  activity 
continued to decelerate in 2015, with the total volume of completed deals decreasing from EUR 
4.8 billion (0.8 % of GDP) in 2014 to EUR 1.8 billion (0.3 % of GDP) in 2015. The share of 
the  energy  sector  in  privatisation  tenders  remained  high.  Competition  could  benefit  from 
continued liberalisation in the markets for goods and services. 

Functioning of the financial market  

Financial stability 

Despite  declining  profitability  in  banking,  the  financial  sector  generally  performed  well 
and continued to demonstrate resilience. The banking sector's loans-to-deposits ratio rose to 
119 % in 2015, implying an increasing reliance on wholesale financing from abroad to sustain 
credit growth. The banking sector's profitability declined in 2015, both in relation to total assets 
and  to  total  equity.  The  sector's  capital  adequacy  ratio  remained  significantly  above  the 
regulatory  target  of  12  %,  albeit  declining  from  16.3  %  in  2014  to  15.6  %  in  2015.  The 
proportion of non-performing loans in total banking sector loans slightly increased, from 2.9 % 
in 2014 to 3.1 % in 2015. 

Access to finance 

Banks continued to dominate the financial sector. Their rapid credit expansion continued in 
2015,  with  total  bank  lending  increasing  by  19.7  %.  The  value  of  banking  sector  assets  as  a 
ratio of GDP continued to increase, rising from 114 % in 2014 to 121 % in 2015. The size of 
the much smaller insurance sector (including private pensions) increased from 3 % of GDP to 
3.1 %. State-owned banks’ share of total banking sector assets slightly increased to 31.3 % as 

36 

 
 
of  September  2015  (30.7  %  in  September  2014),  while  the  share  of  foreign  banks  remained 
stable at 16.4 %.  

Functioning of the labour market  

The number of jobs increased at a rate commensurate with output growth, but still below 
the growth rate of the labour force. In 2015, employment increased by 2.7 % which was less 
than  the  3  %  growth  rate  of  the  labour  force.  As  a  consequence,  the  unemployment  rate 
increased  by  0.5  percentage  points  to  an  annual  average  of  10.3  %.  Labour  force  growth  is 
mainly  driven  by  a  growing  number  of  people  of  working  age,  but  also  by  some  rise  in  the 
labour force participation rate. 

The  employment  rate  of  women  has 
remained  at  a  very  low  level.  The  overall 
employment  rate  increased  to  53.9  %  in 
2015,  with  a  large  difference  between  men 
(75.3  %)  and  women  (32.5  %).  Despite  the 
low  proportion  of  women  actively  looking 
for work, their unemployment rate remains significantly higher than the unemployment rate for 
men.  In  addition,  about  one  third  of  women  who  are  considered  to  be  employed  are  in  fact 
unpaid  family  workers  in  the  agricultural  sector.  Almost  a  third  of  young  people  are  not  in 
employment, education or training. 

ERP  policy  guidance:  Enhance  further  the 
control capacity of the labour inspectorate and 
enable  tax  authorities  and  the  social  security 
institution  to  ensure  a  correct  declaration  of 
wages in order to reduce informality. 

Figure 3 Unemployment in Turkey  (% of Active population) 
25,0

20,0

15,0

10,0

5,0

0,0

Figure 4 Participation rates in Turkey (% of Labour Force) 

80,0

70,0

60,0

50,0

40,0

30,0

20,0

10,0

0,0

2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

Unemployment rate

Youth unemployment rate

Women

Men

The efficient functioning of the labour market continued to be impeded by a lack of flexibility, 
for example on labour contracts, while undeclared work remained widespread. This calls for a 
deepening and widening of labour market reforms, which also need to be more inclusive. 

37 

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

Turkey  has  a  good  level  of  preparation  in  achieving  the  capacity  to  cope  with  the 
competitive pressure and market forces within the EU. Sufficient human capital exists and a 
relatively modern sectoral structure. Turkey is well-integrated with the EU market in terms of 
both  trade  and  investment.  Some  progress  was  made  in  a  number  of  areas,  most  notably 
through further liberalising the energy sector. Significant problems remained as regards the 
quality of education. There are also problems of access to education for girls. The lira's real 
appreciation has reduced the economy's price competitiveness. 

In  line  with  the  ERP  recommendations  and  in  order  to  support  long-term  growth,  in  the 
coming year Turkey should pay particular attention to: 

→ enhancing the comprehensive strategy in support of research and development; 

→ pursuing the education agenda and improving the qualifications of low-skilled workers. 

Education and innovation 

Although  previous  reforms  and  increased  spending  on  education  have  generated  a 
positive  impact  on  educational  attainment  and  enrolment  rates,  progress  seems  to  have 
stalled  recently.  Significant  problems  remain  over  gender  equality  and  the  quality  of 
education.  Enrolment  rates  for  pre-schooling  (until  the  age  of  6)  increased  to  55.48  %  while 
they  declined  to  94.87  %  for  primary  education  and  94.39  %  for  lower  secondary  education. 
The reason for the decrease in primary education is that for children at the age of five, parents 
have a choice between pre-school or primary school.  

secondary 

For  upper 
the 
enrolment  rate  is  close  to  80  %,  while  for 
higher education, it is close to 40 %.  

education, 

ERP  policy  guidance:  Pursue  the  education 
agenda  and  improve  the  qualifications  of  low-
skilled  workers  in  order  to  make  better  use  of 
human capital, in particular of young people. 

Primary school results are lagging behind 
the EU average. According to the most recent PISA3 study on the educational performance of 
15-year-old  students,  Turkish  students  improved  in  all  three  subjects  tested  (science, 
mathematics  and  reading)  between  2009  and  2012.  However,  the  improvement  was  less 
pronounced than in the preceding three-year period and Turkey remained 48 points below the 
OECD average. The measures taken by the Government following the coup attempt of 15 July 
resulted in considerable staff dismissals and changes in education institutions, posing risks to 
the  stability  of  Turkey's  education  sector.    Regarding  vocational  education  and  training,  the 
share of vocational and technical education in  secondary  education increased from  35.8 %  in 
2003 to 51 % in 2013. About 34 % of enterprises provide vocational and on-the-job training to 
their employees. However, a mismatch continues to exist between requirements of the labour 
market and skills produced by the educational system. Turkey needs to make better use of its 
human 
sustainable 
and 
competitiveness.  

R&D  expenditure  (both  public  and  private) 
increased  from  0.95  %  of  GDP  in  2013  to 
1.01  %  of  GDP  in  2014,  though  remaining 
well below the government’s current target of 
1.8 %  of  GDP  by  2018.  About  half  of  this 
investment came from the private sector. Turkey needs to develop a comprehensive strategy in 

ERP 
the 
guidance: 
comprehensive strategy in support of research and 
development;  this  should  target  an  increase  of 
total  spending  on  research  and  development  and 
build  closer  cooperation  between 
research 
institutions and economic operators. 

stimulate 
and 

inclusive  growth 

in  order 

Enhance 

capital 

policy 

to 

3 OECD's Programme for International Student Assessment 
38 

 
 
 
                                                            
support  of  research  and  development,  while  building  closer  cooperation  between  research 
institutions and economic operators. 

Physical capital and quality of infrastructure 

Improvements in the country’s physical capital were modest. Total investment increased by 
0.2  percentage  points  to  20.3  %  of  GDP  in  2015,  while  the  share  of  private  investment 
remained stable at 15.9 % of GDP. Public investment increased slightly with a share of 4.4 % 
of  GDP  in  2015.  Concentrating  in  financial  services  (banking  and  insurance),  gross  foreign 
direct investment (FDI) inflows as a percentage of GDP increased from 1.6 % in 2014 to 2.4 % 
in 2015. 

Some  progress  was  made  in  the  energy  sector,  particularly  in  the  electricity  market.  Market 
liberalisation  and  privatisation  deals  in  generation  and  distribution  activities  encouraged  new 
private investments, particularly in renewable energies. The Turkish electricity grid is formally 
synchronised  and  interconnected  with  the  ENTSO-E  Continental  European  system  since 
January 2016, allowing market players to freely import and export electricity between the EU 
and  Turkey  and  thus  improving  the  security  of  supply.  Turkish  Energy  Stock  Company 
(EPIAS)  has  become  fully  operational,  contributing  to  the  development  of  a  competitive  and 
transparent energy platform. Further progress is needed to open the natural gas market, so that 
there  is  competition  for  the  state-owned  corporation  BOTAŞ.  A  transparent  and  cost-based 
pricing mechanism for electricity and gas remains to be properly implemented. 

The transport infrastructure was enhanced by lengthening the railway and road networks by 3.8 
% and 0.4 % respectively in 2014. In telecommunications, the number of internet subscribers 
increased  by  13.3  %  and  the  internet  penetration  rate  for  households  increased  from  54  %  in 
2014  to  59.6  %  in  November  2015.  No  progress  was  made  on  aligning  telecommunications 
legislation with the EU framework, but the regulator completed the tender over the operating 
rights for 4.5G licenses. 

Sectoral and enterprise structures 

In  2015,  GDP  grew  by  4.0  %,  while  employment  increased  only  by  2.7  %,  indicating  an 
increase in labour productivity in the overall economy. The sectoral breakdown of employment 
growth shows a continued shift towards the services sector, which accounted for 52.5 % of total 
employment  (and  57.7  %  of  GDP)  in  2015.  Industry  (including  construction)  accounted  for 
27.2 % of employment (and 24.1 % of GDP). Agriculture employed 20.6 % of the workforce 
and its share of GDP increased from 7.1 % in 2014 to 7.6 % in 2015, contrary to its long-term 
downward  trend.  The  private  sector’s  share  of  GDP  continued  to  decline,  falling  by  0.4 
percentage  points  to  84.3  %  in  2015,  but  it  is  still  quite  large  by  EU  standards.  Small  and 
Medium  Sized  Enterprises  (SMEs)  employ  around  three  quarters  of  Turkey's  work  force  and 
generate  more  than  half  of  the  economy's  total  value  added.  The  capacity  of  financial 
institutions should be widened to provide also to SMEs the type of long-term funding options 
which are currently only available to large corporations. 

Economic integration with the EU and price competitiveness 

Turkey’s  trade  and  economic  integration  with  the  EU  is  high  and  increased  further  in 
2015. The share of Turkish exports going to the EU increased from 43.5 % to 44.5 % while the 
share of Turkish imports coming from the EU increased from 36.7 % to 38.0 %. For the EU, 
Turkey has become the 5th largest trade partner, moving up one rank compared to 2014.  

39 

 
 
 
 
 
 
 
 
 
 
Figure 5 Turkey trade integration with the EU 

60,0

50,0

40,0

30,0

20,0

the  Turkish 

Turkey  was  the  EU's  4th  main 
export  market  and  number  6  in 
terms  of  imports.  The  openness 
of 
economy, 
measured by the value of exports 
imports  of  goods  and 
and 
services as a percentage of GDP, 
decreased  from  60.8  %  in  2014 
to 59.6 % in 2015. 

160

140

120

100

80

60

20

40

0,0

10,0

2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

The  EU  remained  the  largest 
source of FDI flows into Turkey, 
although 
total 
inflows  decreased  from  61.5  % 
to 57.6 % in 2015. Further trade 
integration with the EU would be 
stimulated 
Turkey's 
by 
elimination  of  impediments  to 
the  functioning  of  the  EU-Turkey  customs  union  (see  acquis  chapter  1  -  Free  movement  of 
goods). Close to three quarters of the FDI stock in Turkey originates in the EU. 

Share of Imports from EU
Share of exports to EU
Trade with the EU (2008=100) (RHS)

share  of 

its 

0

Turkey's  international  price  competitiveness  has  deteriorated  as  a  result  of  the  10.2  % 
appreciation of the lira in real effective terms between September 2015 and September 2016. 

4. ABILITY TO ASSUME THE OBLIGATIONS OF MEMBERSHIP 

4.1.  Chapter 1: Free movement of goods 

The  free  movement  of  goods  ensures  that  many  products  can  be  traded  freely  across  the  EU 
based on common rules and procedures. Where products are governed by national rules, the 
principle of the free movement of goods prevents these creating unjustified barriers to trade. 

Turkey  is  at  a  good  level  of  preparation  for  the  free  movement  of  goods.  It  made  some 
progress over the past year, mainly in terms of alignment with the New and Global Approach 
acquis. However, some technical barriers to trade delay or prevent the free movement of goods 
in violation of Turkey’s obligations under the Customs Union. 

In the coming year, Turkey should in particular: 

→ eliminate measures which create impediments to the free movement of goods and which are 
in  breach  of  the  Customs  Union,  such  as  export  restrictions  and  requirements  related  to 
registration, prior approval, licensing and surveillance; 

→  continue  the  pace  of  alignment  of  sectoral  technical  legislation,  including  in  the  area  of 
pharmaceuticals, as well as horizontal legislation establishing the New Legislative Framework. 

General principles 

With regard to general principles, the framework for the free movement of goods is largely in 
place in Turkey in principle; however, in practice there are several issues. There is a risk-based 
electronic  import  control  system,  TAREKS,  to  enable  free  circulation  of  goods  coming  from 
the  EU,  unless  a  specific  risk  profile  is  attributed  to  them.  However,  last  year  the 
implementation of TAREKS led to an increasing number of EU products being held back for 
documentation  and  physical  checks  after  risk  assessment.  Technical  barriers  to  the  free 
movement of goods persist in the harmonised area on products such as textiles, footwear, and 
40 

 
 
 
 
 
 
 
clothing, where registration requirements apply, and prior approval and licensing is required for 
chemicals  and  textiles.  Surveillance  measures  for  imports  under  a  certain  price  per  unit  also 
hamper  trade  flows.  Such  barriers  also  exist  on  goods  in  the  non-harmonised  area,  affecting 
some  foodstuffs  and  alcoholic  beverages.  Exports  of  certain  products  such  as  aluminium, 
copper and leather are also subject to restrictions which in practice amount to a ban, contrary to 
Customs Union rules. 

Non-harmonised area 

Turkey  has  a  regulation  on  mutual  recognition  in  the  non-harmonised  area  in  force  since 
July 2013. The mutual recognition principle has been introduced to certain areas where national 
rules  apply.  The  Ministry  of  Economy  is  the  focal  point  for  notifying  the  EU  of  technical 
regulations.  However,  the  number  of  notifications  has  not  kept  up  with  Turkey´s  legislative 
activity. 

Harmonised area: quality infrastructure: 

There is a legal basis and administrative structure in place for technical regulations, standards, 
conformity  assessment,  accreditation,  metrology,  and  market  surveillance.  Alignment  with 
regulations  (EC)  765/2008,  (EC)  764/2008  and  (EC)  768/2008  has  been  ensured  via  various 
pieces  of  legislation,  but  the  relevant  framework  law  needs  to  be  updated.  The  Turkish 
Standards Institute is independent, able to implement European and international standards and 
has adequate staff resources and financing. At the end of May 2016, it adopted a total of 20 617 
national  standards  aligned  with  European  standards.  It  has  been  a  full  member  of  CEN  and 
Cenelec  since  2012.  Five  Turkish  economic  operators  are  full  members  of  the  European 
Telecommunications Standards Institute, ETSI. 

There  are  30  notified  bodies  in  Turkey  and  one  technical  approval  body.  The  Turkish 
Accreditation  Agency,  TÜRKAK,  is  a  signatory  of  multilateral  agreements  under  European 
Cooperation  for  Accreditation.  The  National  Metrology  Institute,  TÜBİTAK-UME,  ensures 
traceability  of  international  measurement  standards  in  the  fields  of  scientific,  chemical  and 
industrial  metrology,  which  started  producing  certified  reference  materials  for  proficiency 
testing  and  interlaboratory  comparisons.  It  is  a  member  of  the  European  Association  of 
National Metrology Institutes. Legal metrology is the responsibility of the Ministry of Science, 
Industry and Technology, an associate member of European Cooperation in Legal Metrology. 
A three-year national metrology strategy was adopted in 2015. 

Turkey  carries  out  a  regular  market  surveillance  programme  in  accordance  with  EU 
legislation  and  submits  its  annual  market  surveillance  programme  to  the  Commission.  An 
electronic  information  system  enables  the  10  market  surveillance  authorities  to  report  their 
observations.  A  national  market  surveillance  strategy  for  2015  to  2017  is  in  place.  However, 
market surveillance in Turkey needs further strengthening in terms of resources and personnel 
and increased visibility for consumers and the private sector. 

Harmonised area: sectoral legislation 

For the ‘New and Global Approach’ product legislation, Turkey adopted  legislation to align 
with  the  acquis  on  non-automatic  weighing  instruments,  measuring  instruments,  lifts, 
equipment  for  use  in  potentially  explosive  atmospheres  pyrotechnic  articles,  low  voltage 
equipment, simple pressure vessels, electromagnetic compatibility and eco-design requirements 
for water pumps. Preparations are advanced for aligning Turkish law with the acquis on civil 
explosives, radio & telecommunication terminal equipment and in-vitro medical devices.  

On  ‘Old  Approach’  product 
legislation  on  fertilisers, 
pharmaceuticals,  motor  vehicles  and  cosmetics.  Some  of  the  provisions  of  the  legislation  on 
cosmetics are however not consistent with EU legislation and sectoral technical legislation on 
pharmaceuticals needs to be further aligned. Contrary to Customs Union rules, Turkey does not 

legislation,  Turkey  adopted 

41 

 
 
accept  EU  Good  Manufacturing  Practices  certificates.  The  national  legislation  on  chemicals 
classification,  labelling  and  packaging  is  aligned  with  the  acquis  and  the  United  Nations 
Globally  Harmonised  System  of  Classification  and  Labelling  of  Chemicals.  Turkey  has 
continued preparations on aligning its law with the REACH legislation and with the acquis on 
pharmaceuticals for human use. 

There is a specific licensing and regulation system for economic operators dealing with  drug 
precursors, with a strict follow-up and monitoring system in cooperation with the police and 
customs  authorities.  Legislation  on  Good  laboratory  practices  is  fully  aligned.  The  Turkish 
Accreditation Agency is the relevant national monitoring authority. 

On  procedural  measures,  Turkey  adopted  in  2002  national  legislation  on  textiles,  footwear 
and  crystal  glass.  Regarding  firearms,  national  legislation  is  in  place  laying  down  licensing 
procedures. There was no progress on alignment to the acquis on cultural goods. 

4.2.  Chapter 2: Freedom of movement for workers 

Citizens  of  one  Member  State  have  the  right  to  work  in  another  Member  State  and  must  be 
given the same working and social conditions as other workers. 

Preparations in the area of freedom of movement for workers are at an early stage and there 
has been no progress during the reporting period.  

There has been no progress on access to the labour market or coordination of social security 
systems. So far, Turkey has concluded 14 bilateral social security agreements with EU Member 
States, but no new bilateral social security agreements were signed during the reporting period. 
There  have  been  no  developments  on  future  participation  in  the  EURES  (European 
Employment Services) network. 

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

EU natural and legal persons have the right to establish themselves in any Member State and 
to provide cross-border services. For certain regulated professions, there are rules on mutual 
recognition of qualifications. Postal services are gradually being opened up to competition. 

Preparations  are  at  an  early  stage  on  the  right  of  establishment  and  freedom  to  provide 
services.  Turkey  made  some  progress  in  the  past  year,  particularly  in  the  area  of  postal 
services. Substantial efforts are still needed to align further with the acquis. In the coming year, 
Turkey should in particular: 

→ align with the Services Directive on the provision of cross-border services and set up a Point 
of Single Contact. 

As regards the right of establishment, Turkey amended in June the regulation concerning the 
employment  of  foreign  health  professionals  in  private  establishments  enabling  inter  alia 
foreign national midwives to work in the private establishments. A new law adopted in August 
simplified  the  procedures  regarding  work  permits  for  foreign  nationals.  However,  the 
requirement to obtain a work permit - on top of the procedures regarding the establishment and 
registration of their company - remains in place for self-employed EU nationals. 

Regarding the freedom to provide cross-border services, service providers registered in the 
EU  are  still  subject  to  registration,  licensing  and  authorisation  requirements  in  Turkey.  The 
nationality requirement for professional tourist guides is not in line with the acquis. Turkey still 
needs to align its law with the Services Directive and to set up a Point of Single Contact.  

Some progress was made on postal services. Turkey adopted a regulation on universal postal 
services defining the scope of and principles for providing services. 

42 

 
 
 
 
 
 
 
On  the  mutual  recognition  of  professional  qualifications,  the  Vocational  Qualifications 
Authority published a regulation on national professional standards and national qualifications, 
and continued to  issue occupational standards. Some regulated professions are still subject to 
reciprocal recognition. Nationality and language requirements remain. Turkey needs to further 
align with the acquis in this area. 

4.4.   Chapter 4: Free movement of capital 

In  the  EU,  capital  and  investments  must  be  able  to  move  without  restriction  and  there  are 
common rules for cross-border payments. Banks and other economic operators apply certain 
rules to support the fight against money laundering and terrorist financing. 

Turkey is moderately prepared in the area of free movement of capital. The legislation on real 
estate acquisition is not aligned with the acquis; it lacks transparency and restricts the rights of 
a number of Member States’ nationals. Turkey has made some progress in payment systems, 
the fight against money laundering and terrorism financing. In the coming year, Turkey should 
in particular: 

→ draft and adopt an action plan for liberalising the purchase of real estate by foreigners; 

→ step up cooperation between prosecution, law enforcement and financial intelligence units; 

→  further reinforce its preventive measures against the misuse of its financial system  for the 
purpose of money laundering and terrorism financing. 

On  capital  movements  and  payments,  Turkish  law  on  real  estate  acquisition  by  foreigners 
remains  opaque  and  does  not  apply  to  all  EU  citizens  in  a  non-discriminatory  way.  Turkey 
needs  to  adopt  and  implement  an  action  plan  for  gradually  liberalising  the  purchase  of  real 
estate by foreigners, bringing its laws into line with the acquis. Foreign ownership is subject to 
restrictions in radio and TV broadcasting, transport, education and the electricity market. 

Turkey  has  already  reached  a  good  standard  in  payment  systems.  In  January,  it  adopted 
implementing legislation on payments and securities systems aiming at further alignment with 
the acquis. 

terrorism  financing  has  been  strengthened 

Turkey has made progress in the fight against money laundering and terrorism financing. In 
February,  the  country  ratified  the  Council  of  Europe’s  Convention  on  Laundering,  Search, 
Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism. The 
legislation  on 
the 
recommendations  of  the  Financial  Action  Task  Force.  Turkey  needs  to  further  align  with  the 
acquis by reinforcing its preventive measures against the misuse of its financial system for the 
purpose of money laundering and terrorism financing. The law on the confiscation of criminal 
assets is partly in line with the acquis. Turkey’s track record on anti-money laundering needs to 
be strengthened. In particular, the number of convictions, confiscations, seizures and freezing 
of assets remains limited for case of money laundering and terrorism financing as a stand-alone 
crime.  

in  compliance  with 

4.5.  Chapter 5: Public Procurement 

 EU  rules  ensure  that  the  public  procurement  of  goods,  services  and  works  in  any  Member 
State  is  transparent  and  open  to  all  EU  companies  on  the  basis  of  non-discrimination  and 
equal treatment 

Turkey is moderately prepared in the area of public procurement, as important gaps remain in 
its  alignment  with  the  acquis.  Public  procurement  remains  an  area  particularly  vulnerable  to 
corruption. Some  progress  was achieved in  the  past year, especially with regard  to Turkey’s 
implementation and enforcement capacity. Further efforts are needed in public procurement, an 
area for potential inclusion in a modernised and extended Customs Union. In the coming year, 
Turkey should in particular: 

43 

 
 
 
 
→  revise  public  procurement  law  to  address  utilities,  concessions  and  public-private-
partnerships,  in  line  with  the  2014  EU  public  procurement  directives,  and  to  increase 
transparency; 

→  start  repealing  exceptions  that  conflict  with  the  acquis,  as  envisaged  in  the  harmonisation 
schedule under the national action plan for EU accession, and eliminating restrictive measures 
such as domestic price advantages and civilian offsets. 

Institutional set-up and legal alignment 

Turkey’s legal framework for public procurement broadly reflects the principles of the Treaty 
on the Functioning of the European Union (TFEU). However, for certain goods Turkey applies 
a compulsory domestic price advantage. 

The Public Procurement Law, which is broadly in line with the 2004 EU public procurement 
directives,  is  applicable  to  tenders  both  above  and  below  the  thresholds.  The  legislation  is 
harmonised with and supported by budget and expenditure regulations, so that public contracts 
can  be  prepared,  awarded,  and  managed  in  line  with  sound  project  management  principles. 
However,  the  legislation  has  a  number  of  inconsistencies  with  the  acquis  and  needs  to  be 
aligned.  Its  scope  is  reduced  by  a  range  of  sector-specific  laws  which  limit  transparency  for 
businesses and establish different means of legal remedy (administrative or judicial), depending 
on the sector. The legislation on the utilities sector is more restrictive than allowed under the 
EU Utilities Directive. Regulations governing defence and security procurement are largely in 
line with the acquis. The thresholds for all types of procurement remain higher than those in the 
EU. Turkey does not have a comprehensive legislative framework for concessions and public-
private partnerships. 

A domestic price advantage of up to 15 % continues to be compulsory for ‘medium and high-
technology industrial products’ and is often applied at the maximum rate of 15 %. On the basis 
of  2015  statistics,  use  of  the  domestic  price  advantage  has  almost  tripled.  It  was  applied  in 
24.90 %  of  the  number  of  contracts  above  the  minimum  threshold  (9.22 %  in  2014)  and  in 
36.51 %  of  the  overall  contract  value  (29.11 %  in  2014).  The  civilian  offset  option  in  public 
tenders began to be applied after implementing legislation was published in 2015 and in 2016. 
The  third  economic  transformation  plan  under  Turkey’s  tenth  development  plan  (2014-2018) 
aims at developing local manufacturing capacity via public procurement and extends the use of 
offset  agreements  to  other  sectors.    Turkey  should  eliminate  restrictive  measures  which 
contradict  the  acquis  and  consider  applying  the  new  means  provided  for  under  the  2014  EU 
Directives for promoting innovation, domestic production and technology transfer. 

Turkey  does  not  have  a  specific  public  procurement  strategy.  The  64th  government 
programme  and  the  national  action  plan  for  EU  accession  of  January  2016  include  a 
harmonisation  schedule  aimed  at  revising  legislation  in  line  with  the  2014  EU  public 
procurement  directives,  as  well  as  amending  legislation  on  utilities  and  public-private 
partnerships. 

is  responsible  for  implementing  public 
The  Public  Procurement  Authority  (PPA) 
procurement law and monitoring the public procurement system. The Ministry of Finance is in 
charge of coordinating policy formulation and implementation. 

Implementation and enforcement capacity 

Turkey’s public procurement market represented 7.1 % of the country’s GDP in 2015 (6.4 % 
in 2014). Procedures generally comply with transparency and efficiency principles. There is a 
well-functioning central public procurement portal (EKAP). The Ministry of Finance, the PPA 
and  the  Ministry  of  Development  have  sufficient  operational  capacity.  The  market  and 
competition  work  satisfactorily  in  most  sectors.  The  average  number  of  bidders  in  public 
tenders  was  3.86  as  compared  with  4.49  in  the  previous  period.  Framework  agreements  are 

44 

 
 
effectively  used  in  accordance  with  EU  requirements.  Centralised  purchasing  is  used 
effectively, in a limited number of areas, such as the health sector. However, Turkey does not 
have  a  single  authority  in  charge  of  coordinating,  supervising  and  monitoring  public-private 
partnership (PPP) operations, despite their significant increase in volume. The PPP unit in the 
Ministry  of  Development  provides  an  early-stage  review  of  some  projects,  together  with  the 
Treasury  and  the  Ministry  of  Finance.  Allegations  of  political  interference  in  some  public 
tenders  have  been  made,  in  particular  regarding  large  private-public  partnerships  which  are 
exempt from the Public Procurement Law. 

Monitoring of contract award and implementation is satisfactory. The PPA issues half-yearly 
statistics which provide the basis for measuring performance and outcomes and for improving 
the public procurement system. 

Contracting  authorities’  capacity  to  manage  public  procurement  processes  continues  to 
improve.  Turkey  uses  e-procurement  effectively.  The  PPA  provides  sufficient  regulatory, 
advisory and operational support to the contracting authorities.  

Mechanisms  to  identify  and  address  corrupt  and  fraudulent  practices  are  in  place,  including 
rules on integrity and conflicts of interest. However, Turkey should develop a risk indicator 
system that signals potential integrity problems in the procurement process. 

Efficient remedies system 

The right to legal remedy is stipulated in the Constitution and in the Public Procurement Law. 
Any  decision  on  complaints  by  a  contracting  authority  can  be  appealed  before  the  Public 
Procurement  Board  within  the  PPA.  New  Board  members  were  appointed  for  four  years  in 
April 2016. The PPA’s review remit does not include areas exempted from public procurement 
law, such as utilities or concessions. 

With  regard  to  implementation  capacity,  the  PPA  review  and  remedies  system  provides  for 
speedy, effective and competent handling and resolution of complaints and sanctions. In 2015, 
the Public Procurement Board examined 3 720 complaints, accounting for 3.7 % of all tenders 
(3 942 and 4 % in 2014). To avoid possible conflicts of interest, the Board´s integration within 
the PPA requires to be reassessed.  

4.6.  Chapter 6: Company law 

The  EU  has  common  rules  on  the  formation,  registration,  and  disclosure  requirements  of  a 
company,  with  complementary  rules  for  accounting  and  financial  reporting,  and  statutory 
audit. 

Turkey is well advanced in the area of company law legislation. Good progress was made in 
the  areas  of  mergers  and  divisions  —  a  key  recommendation  from  2015  —  and  by 
strengthening the Public Oversight, Accounting and Auditing Standards Authority. 

In the coming year, Turkey should in particular: 

→ finalise technical alignment of legislative amendments in preparation and continue efforts to 
align with the latest accounting and statutory audit acquis.    

On  company  law,  Turkey’s  level  of  alignment  is  already  high.  The  progress  made  on 
alignment in the area of mergers and divisions means that a very small number of issues remain 
to be addressed. Regarding takeover bids, there are also only a few issues outstanding. Online 
electronic registration of companies has been further improved. Disclosure of and public access 
to  financial  documents  of  companies  required  to  be  published  in  accordance  with  EU 
accounting rules need to be ensured. 

Concerning  corporate  accounting  and  statutory  audit,  Turkey  continued  to  adopt  new 
financial  reporting  and  auditing  standards,  and  amendments  to  existing  ones,  based  on 
International  Financial  Reporting  Standards  and  standards  published  by  the  International 
45 

 
 
 
Federation of Accountants. The Turkish Public Oversight, Accounting and Auditing Standards 
Authority  and  the  Capital  Markets  Board  further  improved  their  administrative  capacity 
through recruitment and training. 

The  scope  of  statutory  audit  has  been  further  broadened  by  reducing  the  total  assets  and  net 
turnover  thresholds,  and  the  number  of  approved  statutory  auditors  and  audit  firms  further 
increased.  Alignment  with  the  latest  acquis  on  accounting  and  statutory  audit  needs  to  be 
ensured.  

4.7.  Chapter 7: Intellectual property law  

 The EU has harmonised rules for the legal protection of intellectual property rights (IPRs), as 
well  as  rules  for  the  legal  protection  of  copyright  and  related  rights.  Rules  for  the  legal 
protection  of  IPRs  cover,  for  instance,  patents  and  trademarks,  designs,  biotechnological 
inventions and pharmaceuticals. Rules for the legal protection of copyright and related rights 
cover, for instance, books, films, computer programmes and broadcasting. 

Turkey has a good level of preparation in this area. There was some progress in the past year 
in improving administrative capacity and coordination but enforcement remained problematic. 
In the coming year, Turkey should in particular: 

→ adopt pending industrial property and copyright legislation in line with the acquis; 

→ improve enforcement measures in fighting against piracy and counterfeiting; 

→  ensure  rights  are  enforced  and  pursue  awareness  initiatives  on  intellectual  property 
protection beyond current efforts. 

Turkish  public  bodies  in  charge  of  intellectual  property  (IP)  generally  improved  their 
coordination arrangements. In copyright and neighbouring rights, management of collective 
rights  is  still  problematic,  particularly  with  regard  to  the  treatment  of  foreign  producers,  to 
public performance rights and to reproduction rights. The draft copyright law is still pending.  

The draft law on industrial property rights, published in March 2016 for public consultation, 
is  an  opportunity  to  progress  towards  alignment  with  the  IP  acquis.  A  few  crucial  issues 
remain, including the introduction of a regime of international exhaustion of trademark rights. 
Turkish  patent  law  is  still  not  fully  in  line  with  the  EU  acquis  or  with  the  European  Patent 
Office’s standards on pharmaceutical inventions. The Turkish Patent Institute has improved its 
sectoral  and  administrative  capacity,  including  capacity  for  geographical  indications,  through 
recruitment  and  training.  Turkey  also  improved  its  capacity  with  regard  to  plant  variety 
breeders’ rights. Dialogue with IPR holders on systemic IPR problems has yet to be established 
and additional work is needed on geographical indications, on plant variety and on regulatory 
data protection for pharmaceuticals. 

On  judicial  enforcement,  the  Court  of  Cassation  IPR  Criminal  Chamber  became  more 
specialised.    Alignment  with  the  EU  Enforcement  Directive  is  still  needed,  in  particular  on 
returning  counterfeit  goods  to  offenders,  storage  by  rights  holders  of  confiscated  goods  and 
inconsistencies  in  obtaining  preliminary  injunctions.  Since  2014,  the  number  of  complaints 
about  search  and  seizure  warrants  has  increased  markedly.  Customs  enforcement  against 
counterfeit  goods  further  improved,  with  an  increase  in  the  number  of  seizures.  However, 
despite  continuous  efforts,  counterfeiting  and  piracy  still  remain  widespread,  posing  risks  to 
public health and consumer protection. Turkey’s legislation on customs enforcement needs to 
be further aligned with the acquis. More assertive political will on IPR enforcement is needed. 

4.8.  Chapter 8: Competition policy 

EU rules protect free competition. They include antitrust rules against restrictive agreements 
between companies and abuse of dominant position. EU rules also prevent governments from 
unduly granting State aid which distorts competition. 

46 

 
 
 
 
Turkey  has  some  level  of  preparation  in  the  area  of  competition  policy.  No  progress  was 
achieved in this field in the past year. Legislation on antitrust rules is largely aligned with the 
acquis. However, the gap in the alignment between Turkey’s State aid policy and EU State aid 
rules remains. In the coming year, Turkey should in particular: 

→  implement  the  State  aid  law  without  further  delay  to  ensure  effective  monitoring  of  aid 
measures and proper alignment with the acquis, including finalisation of an updated inventory 
of aid schemes. 

Antitrust and merger 

The legislative framework is broadly aligned with the  acquis. The Law on the Protection of 
Competition  reflects  the  substance  of  Article  101  of  the  Treaty  on  the  Functioning  of  the 
European Union (TFEU) on restrictive agreements and Article 102 of TFEU on antitrust rules. 
Competition  law  has  also  established  ex  ante  control  of  mergers  above  certain  turnover 
thresholds, in line with the EU Merger Regulation. Secondary legislation in this field is largely 
in place. A draft law on amendments to the Law on the Protection of Competition is pending. 
This  draft  law  includes  provisions  in  line  with  the  acquis,  particularly  concerning  the 
introduction of the de minimis rule. 

Regarding  the  institutional  framework,  the  Competition  Authority  (CA)  is  responsible  for 
implementing the Law on the Protection of Competition. Attached to the Ministry of Customs 
and  Trade,  it  is  operationally  a  largely  independent  body.  It  is  governed  by  seven  board 
members.  The  CA’s  remit  is  very  similar  to  that  of  the  European  Commission.  It  has  the 
authority to prohibit mergers, to grant and refuse individual exemptions from the application of 
competition  rules  and  to  undertake  on-site  investigations.  It  can  launch  investigations  upon 
complaints  and  notifications  as  well  as  on  its  own  initiative.  It  is  obliged  to  complete  its 
investigations  within  six  months  as  a  rule.  A  leniency  policy  on  fines  for  companies  that 
provide information in cartel cases is in place. The CA issues opinions on draft laws that may 
have  an  effect  on  competition,  either  on  request  or  on  its  own  initiative.  Parties  may  appeal 
against its decisions before the administrative courts. 

The CA’s enforcement capacity is adequate. Implementation is overall effective, but it shows 
a  downward  trend  over  the  period  2013-2015.  There  is  a  marked  decline  in  the  number  of 
decisions, in particular in the area of antitrust (from 191 to 89) and in the fines imposed (from 
EUR 280  million  in  2013  to  zero  in  2015).  In  May  2016,  the  CA  imposed  a  fine  of 
EUR 2 258 443  on  Turk  Telekomunikasyon, the  telecommunications company,  on  procedural 
grounds. The CA conducted a significant average of 75 raids annually between 2013 and 2015. 
The  number  of  complaints  that  resulted  in  an  investigation  declined  from  20  in  2013  to  5  in 
2015.  The  number  of  appeals  against  CA  decisions  was  relatively  stable  (with  an  average  of 
155  cases  per  year  between  2013  and  2015)  and  the  vast  majority  of  these  decisions  were 
upheld by the national courts. The CA also carried out activities to keep sector representatives 
and public institutions updated on antitrust rules. 

State aid 

The  legislative  framework  is  partially  in  line  with  the  acquis.  State  aid  regulations  do  not 
cover  agriculture,  fisheries,  or  the  services  sectors,  which  are  not  part  of  the  EU-Turkey 
Customs Union.  Turkey’s Law on the Monitoring and Supervision  of State Aid is broadly  in 
line  with  Articles  107  and  108  of  the  Treaty  on  the  Functioning  of  the  European  Union 
(TFEU).  However,  the  secondary  legislation,  which  is  required  to  implement  the  law  in 
question,  is  not  in  place  yet.  It  is  currently  due  to  enter  into  force  on  31 December  2016, 
according to a deadline already postponed four times. 

Regarding  the  institutional  framework,  the  State  Aid  Monitoring  and  Supervision  Board  is 
responsible  for  implementing  the  law.  Some  Board  members  are  nominated  by  aid  granting 
ministries.  The  General  Director  for  State  Aid  chairs  the  Board.  The  General  Directorate  for 
47 

 
 
State Aid, Turkey’s State aid authority, is attached to the Prime Ministry’s Undersecretariat of 
Treasury. Therefore, it is not considered to be operationally independent. 

Turkish law requires State aid measures to be notified to the Board, and gives it the authority to 
accept an aid measure, to ensure its compatibility and to carry out checks on its own initiative 
or on the basis of a complaint. However, these provisions have yet to enter into force, due to 
repeated postponement of the adoption of the necessary secondary legislation. It is therefore not 
yet possible to assess the enforcement capacity of the Board and the General Directorate for 
State  Aid.  A  comprehensive  State  aid  inventory  has  yet  to  be  set  up  and  an  action  plan  for 
alignment has yet to be adopted.  Turkey submitted a plan to restructure its steel sector to the 
European Commission in 2009.  

Liberalisation 

Competition and State aid rules apply to state-owned enterprises. Turk Telekomunikasyon and 
TUPRAS, Turkey’s sole oil refiner, have legal monopolies in the fixed telecommunications and 
refined  oil  products  markets,  respectively.  In  2014,  the  CA  fined  TUPRAS  for  abuse  of  a 
dominant position in the market. 

4.9.   Chapter 9: Financial services 

EU  rules  aim  to  ensure  fair  competition  between  and  the  stability  of  financial  institutions, 
namely  banking,  insurance,  supplementary  pensions,  investment  services  and  securities 
markets.  They  include  rules  on  the  authorisation,  operation  and  supervision  of  these 
institutions. 

Turkey has a good level of preparation in the area of financial services. Some progress was 
made, as some decisions were taken to improve market governance. In the coming year, Turkey 
should in particular: 

→  re-establish  trust  in  the  independence  of  supervisory  agencies,  in  particular  the  Banking 
Regulatory  and  Supervisory  Agency,  through  a  track  record  of  well  founded,  independent 
decisions. 

There  was  some  progress  in  the  areas  of  banks  and  financial  conglomerates.  The  Banking 
introduced  additional  capital  requirements  for 
Regulatory  and  Supervisory  Agency 
systemically  important  banks  as  of  31 March  2016.  Meanwhile,  the  regulator  eased  the 
restrictions  on  credit  card  instalments,  consumer  and  housing  loans  and  issued  a  third 
participation  bank  licence  benefiting  state-owned  banks.  The  authorities  initiated  the 
liquidation  process  for  the  Asya  Bank,  whose  takeover  by  the  state  created  perceptions  of  a 
politically  motivated  decision.  The  Banking  Regulatory  and  Supervisory  Agency  itself  was 
subject to investigation following the coup attempt and some of its staff was laid off. 

There  was  no  progress  on  insurance  and  occupational  pensions.  On  financial  market 
infrastructure, the Istanbul Arbitration Centre has become operational, publishing its arbitration 
and mediation rules and tariffs. 

There  was  no  further  progress  on  financial  markets  infrastructure  but  good  progress  on 
securities  markets  and  investment  services.  Following  a  review  of  the  Turkish  legal 
framework, the European Securities and Markets Authority concluded that a prospectus drawn 
up  in  Turkey  constitutes  a  valid  prospectus  under  the  Prospectus  Directive.  The  Capital 
Markets  Board  of  Turkey  amended  the  implementing  regulation  on  securities  services, 
introducing  prudential  measures  on  the  conduct  of  leveraged  foreign  exchange  and  over-the-
counter derivative transactions. The regulator signed a memorandum of understanding (MoU) 
with the Brunei Monetary Authority for information exchange, increasing the number of such 
MoUs to 35. 

48 

 
 
 
4.10.  Chapter 10: Information society and media  

The  EU  supports  the  good  functioning  of  the  internal  market  for  electronic  communications, 
electronic commerce and audiovisual media services. The rules protect consumers and support 
universal availability of modern services. 

Turkey  is  moderately  prepared  in  the  areas  of  information  society  and  regarding  the 
legislation on audiovisual media services. Some progress was achieved in the past year in 
the  area  of  electronic  communications  and  information  society.  Market  access  problems, 
unsufficient competition in fixed markets, the overregulation of the sector, high taxation and 
questionable cost burdens on operators and consumers remain important issues of concern. 
Though the broadcasting law is to a large extent in line with the EU acquis, the insufficient 
protection  of  freedom  of  expression  and  overregulation  in  the  sector  remain  issues  of 
concern. In the coming year Turkey should in particular: 

→ strengthen the independence of the regulatory authorities and their members; 

→ revise the law on the internet in line with the Venice Commission's recommendations of 
March 2016 to support an environment conducive to freedom of speech on the internet;  

→ further align the authorisation regime, market access, rights of way and universal service 
in electronic communication with the EU acquis; 

→ take the necessary steps to complete the digital switchover as soon as possible. 

On  electronic  communications  and  information  and  communication  technologies,  there 
was limited progress in aligning Turkish legislation with the EU on the authorisation regime, 
market  analysis,  market  access  and  the  universal  service  regime.  In  the  fixed  voice  and 
broadband  market,  competition  is  not  effective  and  the  market  share  of  alternative  operators 
remains  at  6 %.  A  more  proactive  Competition  Authority  with  regard  to  retail  internet  and 
mobile  communication  services  would  be  advisable.  Effective  competition  in  fixed  markets 
would  require  access  to  the  physical  network  and  increased  fibre  penetration.  The  minimum 
capital  requirement  for  fixed  phone  operators  presents  a  barrier  to  market  entry.    Authorities 
should  ensure  consultation  procedures  with  stakeholders.  Municipalities  regularly  charge 
operators  additional  fees  for  rights  of  way  and  the  installation  of  base  stations.  The  taxation 
regime  remains  complex  and  taxes  are  disproportionately  high  without  clear  justification  and 
twice  as  expensive  for  mobile  virtual  network  operators.  Operators  were  enabled  to  use 
multiband  spectrum  more  efficiently.  The  mobile  broadband  penetration  rate  significantly 
increased  from  41.7 %  to  49.6 %  in  2015,  while  fixed  broadband  rose  only  slightly  from 
11.5 %  to  12.1 %.  4G  services  were  launched  in  April  2016.  Full  independence  of  the 
Information and Communication Technologies Authority (ICTA) needs to be ensured. The law 
on  the  internet  has  not  been  amended  and  concerns  remain.  (See  chapter  23  –  Judiciary  and 
fundamental rights) 

In  the  field  of  information  society,  an  ambitious  e-government  strategy  for  2016-2019  was 
adopted in July 2016 laying down a comprehensive set of policy objectives.  

In the area of audiovisual policy, it remains uncertain when the digital switchover process will 
be completed due to a new ongoing tendering process. In terms of transparency, the decisions 
of the Radio and Television Supreme Council (RTÜK) are publicly available online, together 
with the internal experts’ reports on which they are based. The number of sanctions imposed on 
broadcasters on the grounds of praising terrorism, disturbing the public order and violating the 
integrity  of  the  state  increased,  affecting  particularly  Kurdish  language  and  independent 
channels, through fines and suspensions. More than 30 TV and radio stations known for being 
critical  towards  the  government  were  dropped  from  the  state-owned  satellite  distribution 
platform TÜRKSAT. In the aftermath of the coup attempt, the government issued decrees-laws 
ordering the closure of 46 TV channels and radio stations, predominantly for alleged links to 
49 

 
 
 
the  Gülen  movement.  23  out  of  39  TV  channels  and  radio  channels  broadcasting  in  Kurdish 
language have been closed. (See chapter 23 – Judiciary and fundamental rights) 

The independence and neutrality of the RTÜK members, has to be strengthened. The editorial 
autonomy  of  the  public  broadcaster  TRT  is  in  question,  as  its  13  domestic  and  international 
channels follow largely a pro-government line.  

4.11.  Chapter 11: Agriculture and rural development 

The common agricultural policy supports farmers and rural development. This requires strong 
management  and  control  systems.  There  are  also  common  EU  rules  for  quality  policy  and 
organic farming. 

There  is  some  level  of  preparation  in  the  area  of  agriculture  and  rural  development.  Some 
progress was made in the past year. Preparations have advanced on general agricultural issues 
and  alignment  with  the common  agricultural  policy.  Turkey’s  capacity to  absorb  funding  has 
increased with the implementation of the pre-accession rural development programme, IPARD. 
In the coming year, Turkey should in particular: 

→ eliminate the remaining restrictions on imports of live cattle and beef; 

→ adopt a strategy for agricultural statistics. 

Regarding  general  agricultural  issues,  the  agricultural  census  is  not  yet  complete  and  the 
strategy for agricultural statistics has not yet been adopted. The farm accountancy data network 
covers  all  81  provinces  and  has  now  been  integrated  with  the  agricultural  production  and 
registration system. Development of a land parcel identification system has continued with EU 
support. 

Unjustified restrictions on imports of live cattle, beef and derivative products from the EU 
continued.  Although  Turkey  has  made  constructive  progress  to  solve  the  issue,  it  has  yet  to 
fully implement its obligations under the EU-Turkey trade agreement for agricultural products, 
i.e. by opening quotas for beef and live animals on a lasting basis. 

In  rural  development,  the  first  EU  pre-accession  programme  for  agriculture  and  rural 
development  (IPARD  I)  has  created  more  than  50 000  jobs  through  the  implementation  of 
nearly  11 000  projects  following  15  calls  for  applications.  More  efforts  beyond  ongoing 
initiatives are needed to increase awareness of the programme’s impact. The IPARD-II sectoral 
agreement  has  been  ratified  and  a  first  call  for  applications  launched.  The  regulation  on  the 
IPARD-II  Monitoring  Committee  was  published  and  a  request  for  the  entrustment  of  budget 
implementation  tasks  for  the  IPARD  II  programme  was  submitted  to  the  Commission.  The 
agricultural and rural development support institution has reached a mature stage and its staff 
continues  to  receive  training  in  specific  areas  for  further  improvement.  The  institutional 
capacity of the managing authority needs to be strengthened in line with the IPA II Regulations. 
Some  additional  steps  have  been  taken  to  introduce  the  agri-environment  and  LEADER 
approach on a pilot scale. 

The preparation of implementing legislation on the principles and implementation of  organic 
agriculture is at a final stage. 

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

EU hygiene rules for foodstuff production ensure a high level of food safety. Animal health and 
welfare and the safety of food of animal origin are safeguarded together with quality of seeds, 
plant protection material, protection against harmful organisms and animal nutrition. 

There  is  some  level  of  preparation  in  the  area  of  food  safety,  veterinary  and  phytosanitary 
policy. There has been no progress in the past year. Full implementation of the acquis in this 
area  will  require  significant  further  efforts,  particularly  in  areas  such  as  animal  by-products, 

50 

 
 
 
 
animal welfare, the identification and registration of animals and control of their movements. In 
the coming year, Turkey should in particular: 

→  upgrade  food  establishments  to  meet  EU  standards,  among  other  things  by  submitting 
a national programme and a monitoring plan; 

→ take further steps to adapt and enforce rules on animal welfare and animal by-products. 

There  has  been  limited  progress  in  aligning  and  implementing  the  acquis  on  general  food 
safety. Efforts should be intensified to fully align veterinary policy with the EU acquis. The 
identification and registration of bovines and small ruminants has continued. Border inspection 
posts  at  land  and  sea  borders  and  at  Sabiha  Gökçen  Airport  in  Istanbul  are  still  not  fully 
functioning. Implementing legislation was adopted on transhipment of product consignments at 
the border inspection post of entry, as were animal health rules for imports and transit of certain 
ungulate  animals  and  on  standard  models  for  veterinary  health  certificates  for  imported  live 
animals. 

Turkey has continued its fight against animal diseases. There were increased numbers of foot 
and mouth disease outbreaks due to a change in the strain circulating; foot and mouth disease 
had been under control as a result of mass vaccination. The disease-free zone with vaccination 
of the Thrace region has been maintained through strict movement controls. Significant efforts 
are  still  needed  to  fully  align  with  and  implement  the  acquis  on  transmissible  spongiform 
encephalopathies and surveillance systems, including full compliance with Decision 1/98 (See 
chapter  11  —  Agriculture  and  Rural  Development).  Further  structural  and  administrative 
efforts  are  required  to  fully  implement  the  acquis  on  animal  welfare.  There  has  been  no 
progress on zoonoses. 

Turkey  continued  to  run  training,  inspection  and  monitoring  programmes  for  the  placing  on 
the  market  of  food,  feed  and  animal  by-products,  and  administrative  capacity  for  official 
controls  has  been  improved.  No  progress  has  been  noted  on  developing  the  national  plan  for 
upgrading agri-food establishments. Significant efforts are still needed to apply the new rules 
on registering and approving food establishments. Work on animal by-products has continued 
but adapting the new rules to this sector still requires substantial efforts. Provision for funding 
inspections has still not been aligned with the EU system. 

Alignment with food safety legislation on issues such as labelling, additives and purity criteria, 
flavourings and food supplements has advanced but has yet to be completed for food enzymes 
and  novel  foods.  Progress  on  specific  rules  for  feed  and  phytosanitary  policy  remained 
limited. 

4.13.  Chapter 13: Fisheries 

The  common  fisheries  policy  lays  down  rules  for  management  of  fisheries,  protects  living 
resources  of  the  sea  and  limits  the  environmental  impact  of  fisheries.  This  includes  setting 
catch quotas, managing fleet capacity, rules for markets and aquaculture as well as support for 
fisheries and coastal communities. 

Preparations in this area remain at an early stage. In the past year, some progress was made on 
resources and fleet management, inspection and control, and on international agreements. More 
efforts are needed to align the legislation on structural actions, State aid and market policy and 
to strengthen institutional capacity. In the coming year, Turkey should in particular: 

→ adopt the draft fisheries law. 

No  particular  progress  was  made  on  administrative  and  organisational  capacity.  The  draft 
fisheries law still has not been adopted. Regarding resources and fleet management, the total 
number of decommissioned vessels has reached 1 011 under the ongoing subsidy scheme. This 
has  further  contributed  to  progress  in  fleet  management.  A  data  collection  programme  for 

51 

 
 
 
marine fisheries has been run jointly by the Ministry of Food, Agriculture and Livestock and 
the  Turkish  Statistical  Institute.  The  Fisheries  Information  System  has  been  included  in  the 
ministry’s internal information system. 

On  inspection  and  control,  some  progress  was  made  in  legislative  alignment  and  on 
implementation  of  the  International  Commission  for  the  Conservation  of  Atlantic  Tuna 
(ICCAT) recommendations on bluefin tuna, although some divergences remain on the recovery 
plan. Implementing legislation was adopted setting up a system of fisheries vessel monitoring, 
potentially an important step towards sustainable fisheries management. No progress was made 
on  structural  action,  State  aid  or  market  policy.  Regarding  international  agreements, 
cooperation  between  Turkey  and  the  EU  continued  in  ICCAT  and  the  General  Fisheries 
Commission  for  the  Mediterranean.  As  the  EU  implements  provisions  of  the  United  Nations 
Convention  on  the  Law  of  the  Sea,  inter  alia  in  the  common  fisheries  policy,  Turkey’s 
ratification  of  the  Convention  would  improve  cooperation  with  the  EU  on  fisheries  and 
maritime policy. 

4.14.  Chapter 14: Transport policy 

The EU has common rules for technical and safety standards, security, social standards, State 
aid  and  market  liberalisation  in  road  transport,  railways,  inland  waterways,  combined 
transport, aviation and maritime transport. 

Turkey  is  moderately  prepared  in  the  area  of  transport  policy.  Some  progress  has  been 
achieved in the reporting period, mainly in the areas of rail and aviation. However, more work 
is  needed  to  strengthen  rail  authorities'  financial  and  technical  capacity  as  well  as  the 
administrative capacity for all modes of transport, particularly civil aviation. 

In addition to addressing the shortcomings outlined above, in the coming year, Turkey should 
in particular: 

→ focus on implementing the action plan for the liberalisation of the railway sector; 

→ improve road safety conditions and reduce road traffic accident fatalities; 

→ adopt the legislation on intelligent transport systems, and improve capacity and resources for 
its implementation. 

As  regards  the  general  transport  acquis,  key  strategic  documents  such  as  the  national 
transport strategy reflect earlier EU policy priorities, but these strategies will have to be revised 
to  take  into  account  the  latest  EU  priorities  in  sustainable  urban  mobility  and  in  combating 
climate change. A transport master plan covering all modes of transport needs to be approved. 
Further  efforts  should  be  made  to  complete  alignment  with  the  acquis  on  public  service 
obligations,  including  transposing  the  acquis  on  the  procedure  and  criteria  for  the  award  of 
public service contracts in the field of railway and road transport. A significant number of staff 
and sector professionals have been trained, particularly in the area of handling dangerous goods 
and road safety. Strengthening administrative capacity in all transport modes remains a priority, 
especially  in  aviation  and  railways.  The  accident  investigation  body  covering  all  transport 
modes does not have sufficient independence from the regulator, the Ministry of Transport, as 
required by the acquis. 

On  road  transport,  the  legal  framework  is  at  a  good  level  of  alignment.  The  regulation  on 
technical inspections of road infrastructure and vehicles carrying dangerous goods entered into 
force in April. Conformity assessments are performed by the Turkish Standards Institution and 
Turkish  Lloyd  is  licensed  for  testing,  certification  and  periodic  inspection  of  containers  and 
transportable  pressure  equipment.  Turkey  has  to  continue alignment  with  road  safety  policies 
under the acquis and to develop administrative structures and strategies to reduce road traffic 
accident fatalities. Turkey needs to align with the intelligent transport systems legislation, the 

52 

 
 
 
‘clean power for transport’ package on clean and energy-efficient road transport vehicles and 
the introduction of infrastructure for alternative fuels. 

Progress has been made in the rail transport sector. Secondary legislation was published on 
the approval of railway stock and on railway safety, on authorisation of railway undertakings, 
establishing  their  services,  entry  conditions  and  obligations,  and  on  the  public  service 
obligation  for  passenger  transport.  These  regulations  mostly  foster  the  opening  up  of  the 
railway  market  in  Turkey,  however,  the  alignment  with  the  acquis  of  these  by-laws  has  not 
been  ascertained  yet.  In  June,  the  incumbent  state-owned  railway  company,  Turkish  State 
Railways (TCDD), split rail operation into infrastructure (to TCDD as Infrastructure Manager) 
and  operations  (to  TCDD  Transportation  Joint  Stock  Company),  in  order  to  align  with  the 
acquis. The network statement and the track access charges which would ensure open access to 
the railway market are still pending. The rail regulator should also tackle cross-subsidisation of 
rail  services  and  set  up  a  holding  structure  that  ensures  the  neutrality  of  the  infrastructure 
manager  vis-à-vis  all  market  operators,  including  TCDD  Transportation  Company.  The  rail 
regulatory  body’s  lack  of  own  resources  undermines  its  independence  from  the  Ministry  of 
Transport, Maritime Affairs and Communication. The Directorate-General for Rail Regulation 
still acts as both the regulatory authority and the safety authority and it does not enjoy sufficient 
independence  from  the  Ministry  of  Transport.  Further  alignment  efforts  are  required.  In 
addition,  the  ministry  should  not  carry  out  the  functions  of  economic  regulator  after 
liberalisation,  as  it  would  not  be  compatible  with  Directive  2012/34  establishing  a  single 
European railway area.   

In  maritime  transport,  the  Ministry  of  Transport,  Maritime  Affairs  and  Communication 
started  a  training  programme  on  oil  pollution  preparedness  and  emergency  response.  Turkey 
became  party  to  the  Convention  on  Facilitation  of  International  Maritime  Traffic  (FAL)  in 
February. It has yet to ratify the 2006 Maritime Labour Convention. Turkey should continue its 
efforts  to  become  party  to  all  basic  conventions  of  the  International  Maritime  Organization, 
including  membership  of  the  Paris  Memorandum  of  Understanding.  Turkey  is  encouraged  to 
complete  its  legislative  and  technological  framework  for  maritime  transport  monitoring, 
ensuring  alignment  with  the  acquis  on  the  Community  vessel  traffic  monitoring  and 
information system. 

In  the  area  of  inland  waterway  transport,  the  relevant  EU  legislation  will  have  to  be 
transposed, and a new authority responsible for inland waterways will have to be established. 
Turkey  does  not  participate  in  the  EU  strategy  for  the  development  of  the  Danube  Region 
(EUSDR) and did not sign the main international agreements on inland waterways. 

In aviation, Turkey is making progress in aligning with the acquis. It has expressed interest in 
a  comprehensive  aviation  agreement  including  safety  issues.  It  adopted  implementing 
legislation  on  safety  assessment  of  national  and  foreign  aircraft,  on  passengers  with  reduced 
mobility, and on flight and duty time limitations and rest requirements. No significant progress 
was  made  in  air  operations  or  aircrew  domains.  The  capacity  of  the  Directorate-General  for 
Civil Aviation is not keeping pace with the size and growth of the Turkish civil aviation sector. 
The  revised  working  arrangement  with  the  European  Aviation  Safety  Agency  (EASA), 
extended to all areas of aviation safety, should be concluded as a matter of priority. Turkey is 
encouraged  to  become  a  full  part  of  the  EU  aviation  system,  with  special  attention  to  safety, 
including participation in the management board of EASA and joining the Single European Sky 
initiative. Until then EASA cannot perform safety inspections on air traffic management and air 
navigation  services  and  therefore  Turkey’s  level  of  progress  in  these  areas  cannot  be 
ascertained.  The  lack  of  communication  between  air  traffic  control  centres  in  Turkey  and 
Cyprus continues to seriously compromise air safety in the Nicosia flight information region. 
An operational solution needs to be found urgently to resolve this safety issue. 

53 

 
 
As  regards  combined  transport,  the  country  adopted  a  combined  transport  strategy  back  in 
2014, but there has not been any progress since then in terms of new legislation. Opportunities 
for developing combined transport will have to be further enhanced. 

As long as restrictions remain in place on vessels and aircraft registered in or related to Cyprus 
or whose last port of call was Cyprus, Turkey will not be in a position to fully implement the 
acquis relating to this chapter. 

4.15.  Chapter 15: Energy 

EU  energy  policy  covers  security  of  supply,  the  internal  energy  market,  energy  efficiency, 
renewable energy sources, nuclear energy, nuclear safety and radiation protection. 

Turkey  is  moderately  prepared  in  this  chapter.  Good  progress  continued  in  the  area  of 
security of supply, electricity and the renewable energy sector. Turkey is at an advanced stage 
of alignment in the electricity sector. In the coming year, Turkey should in particular: 

→  complete  the  gas  market  reform  in  line  with  the  acquis  in  the  gas  sector,  by  setting  out  a 
legally binding plan and a timetable, including third party access to the transit network and the 
unbundling of activities; 

→ adopt its nuclear energy law in line with the Euratom acquis, including restructuring of the 
nuclear  energy  regulator  (TAEK)  to  separate  its  operating  functions  and  guarantee  its  full 
independence from any entity concerned with the development of nuclear energy; 

→  make  progress  on  transparent,  cost-reflective  and  non-discriminatory  tariffs  for  electricity 
and gas. 

There has been significant progress regarding security of supply. Turkey continues to comply 
with  the  oil  stocks  acquis.  A  draft  fuel  market  law  regulating  emergency  oil  stocks  and  oil 
security  remains  pending.  Progress  continues  on  the  Trans-Anatolian  Pipeline  project 
(TANAP): all major procurement contracts have already been awarded with a view to finalising 
the project in 2018, well ahead of the original schedule. Efforts towards expanding TANAP to 
bring  new  gas  sources  from  the  Caspian  and/or  the  Middle  East  to  Turkey  and  Europe 
continued.  The  feasibility  and  technical  studies  are  ongoing  for  the  project  of  a  bidirectional 
interconnector  between  Turkey  and  Bulgaria.  On  the  other  hand,  stalled  negotiations  on  the 
‘Turkish  Stream’  were  re-launched  in  August  2016  following  the  normalisation  of  bilateral 
relations between Turkey and Russia. An intergovernmental agreement on 'Turkish Stream' was 
signed  on  10  October  2016  in  the  presence  of  the  Turkish  and  Russian  Presidents  in  the 
margins of the 23rd World Energy Congress in Istanbul. No progress was made on a transparent 
gas transit regime. 

Good  progress  continued  on  electricity  networks.  The  Turkish  Electricity  Transmission 
Company  (TEIAŞ)  became  an  observer  member  of  the  European  Network  of  Transmission 
System Operators for Electricity (ENTSO-E) in January 2016 following the 2015 agreement on 
commercial  electricity  exchanges  between  Turkey  and  the  European  Union.  This  is  an 
important  step  towards  full  integration  with  the  EU’s  electricity  market.  Efforts  to  build 
electricity interconnections with other neighbouring countries continued. 

As  regards  the  internal  energy  market,  in  electricity  Turkey  has  continued  to  adopt  new 
implementing  legislation  in  line  with  the  EU’s  Third  Energy  Package.  Two  new  regulations 
regarding  the  merging  and  acquisition  of  electricity  distribution  companies  and  demand 
forecasting  were  issued  in  May  2016  with  a  view  to  improving  efficiency,  competition, 
transparency  and  accountability.  Several  amendments  were  also  made  to  implementing 
regulations with a view to ensuring full functioning of day-ahead and intra-day markets; these 
market  operations  were  transferred  to  the  Energy  Markets  Operation  Joint  Stock  Company 
(EPIAŞ) in September 2015. Distribution companies were legally unbundled from their supply 
activities  by  January  2016,  in  line  with  the  acquis.  The  eligibility  threshold  for  electricity 
54 

 
 
 
consumers  to  change  supplier  was  further  reduced  from  4 000  kWh  to  3 600  kWh  for  2016, 
which corresponds to a theoretical market opening of almost 86 %. No timetable has been set 
for full market opening. Customer requests to switch suppliers have to be granted within three 
weeks.  The  proportion  of  consumers  switching  suppliers  remained  below  5 %  in  2016.  The 
deadline  set  for  eliminating  cross-subsidies,  which  are  mainly  between  regions  rather  than 
between categories of customers in the electricity market (there is a single national tariff), was 
extended from December 2015 to January 2021, considerably postponing the advent of a fully 
functioning cost-based electricity market. A transparent and cost-based pricing mechanism for 
electricity has not yet been properly implemented. 

There  has  been  uneven  progress  in  the  gas  market.  The  Turkish  Energy  Market  Regulatory 
Authority  issued  a  decision  on  floating  storage  and  regasification  units  with  a  view  to 
strengthening security of supply and ensuring diversification of sources. The tendering process 
for  gas  distribution  continued,  and  the  network  was  extended  to  76  provinces  out  of  81. 
Customer  requests  to  switch  suppliers  have  to  be  granted  within  two  weeks.  The  eligibility 
threshold  for  natural  gas  was  kept  unchanged  at  75 000  m3  for  2016  with  no  timetable  to 
achieve  full  market  opening  to  all  gas  customers.  There  were  further  developments  on  the 
unbundling  of  the  Petroleum  Pipeline  Corporation  (BOTAŞ)  and  the  legal  unbundling  of  its 
distribution activities. Fully cost-reflective pricing has yet to be properly implemented. A draft 
law to amend the Natural Gas Market Law, which is expected to address many shortcomings 
regarding acquis alignment, has been pending in Parliament since August 2014. 

Turkey’s  legislation  on  hydrocarbons  is  at  an  advanced  stage  of  alignment  with  the  acquis. 
Turkey  already  implements  the  Hydrocarbons  Authorisation  Directive,  but  will  need  to  align 
with Directive 2013/30/EU on the Safety of Offshore Oil and Gas Operations, also as regards 
transit of hydrocarbons. 

Positive developments continued in the  renewable  energy sector, where  Turkey  is largely in 
line  with  the  acquis  It  has  already  taken  significant  steps  to  promote  renewable  energy, 
targeting  at  least  30 %  of  electricity,  to  be  generated  from  renewable  resources  by  2023.  A 
renewable energy action plan, in line with the requirements of Directive 2009/28/EC, has been 
in  force  since  February  2015.  The  goal  is  total  capacity  of  61  GW  by  2023,  which  would 
represent  an  increase  in  the  share  of  renewable  energy  sources  from  the  present  15 %  to 
20.5 %.  A  new  regulation  was  issued  in  June  2016  on  incentivising  and  supervising 
domestically  manufactured  equipment  to  be  used  in  generating  electricity  from  renewable 
energy  sources.    Development  of  renewable  energy,  including  hydropower,  must  abide  with 
acquis  requirements  on  State  Aid  and  on  environment.  The  regulatory  regime  should  be 
streamlined. Renewable energy accounted for 32 % energy generation in 2015, up from 21 % 
in 2014 due to higher hydropower output. 

No  progress  was  made  on  energy  efficiency.  Turkey  has  set  ambitious  energy  efficiency 
targets  under  its  energy  efficiency  strategy  paper,  aimed  at  reducing  the  country’s  energy 
intensity  by  at  least  20 %  by  2023,  compared  with  the  base  year  2011.  However,  a  national 
energy efficiency action plan, setting out clear priorities with sectoral targets and milestones in 
line  with  the  requirements  of  Directive  2012/27/EU,  has  not  been  adopted.  There  is  no 
timetable for achieving full alignment with the Energy Performance of Buildings Directive, or 
with  the  Energy  Efficiency  Directive.  There  is  an  urgent  need  to  strengthen  the  institutional 
structure  to  improve  coordination  between  the  different  ministries  for  the  implementation  of 
energy efficiency policies, possibly by establishing an effective dedicated agency (as in many 
EU Member States). 

No  progress  was  made  on  nuclear  energy,  nuclear  safety  and  radiation  protection.  There 
has been limited development in the Akkuyu nuclear power plant project; feasibility studies are 
ongoing for the Sinop nuclear power plant. Turkey’s efforts on its planned third nuclear power 
plant  have  continued. Turkey’s  existing  legislation is  only  partially  aligned with  the Euratom 

55 

 
 
acquis,  specifically  the  Nuclear  Safety  Directive  and  the  Spent  Fuel  and  Radioactive  Waste 
Directive.  The  draft  framework  law  on  nuclear  energy,  providing  inter  alia  for  the 
establishment of an independent regulatory authority is pending. To comply with the acquis, it 
would be essential that the law properly addresses the safety objective to prevent and mitigate 
nuclear  accidents.  This  objective  needs  to  be  applied  to  new  nuclear  installations  from  the 
design phase. The stress test report on the preliminary design of the Akkuyu power plant needs 
to  be  completed.  Turkey  has  not  yet  acceded  to  the  Joint  Convention  on  the  Safety  of  Spent 
Fuel  Management  and  on  the  Safety  of  Radioactive  Waste  Management.  Turkey  is  not  yet  a 
member  of  the  European  Community  Urgent  Radiological  Information  Exchange  (ECURIE) 
system. 

4.16.  Chapter 16: Taxation 

EU rules on taxation cover value added tax and excise duties as well as aspects of corporate 
taxation. They also deal with cooperation between tax administrations, including the exchange 
of information to prevent tax evasion. 

Turkey  is  moderately  prepared  in  the  area  of  taxation.  No  progress  was  made  on  this  area 
except for the 2009 action plan on tobacco. In the coming year, Turkey should in particular: 

→ Take decisive steps to ensure compliance with the 2009 action plan regarding excise duties 
on alcoholic beverages; 

→ Align the range of excisable energy products with the acquis. 

As  regards  indirect  taxation,  Turkey’s  legislation  on  value  added  tax  widened  the  range  of 
products subject to a 1 % rate, which is not in line with the acquis, to fertiliser and animal feed. 
Turkish  legislation  on  structure,  exemptions,  special  schemes  and  the  scope  of  reduced  rates 
needs to be further aligned with the acquis. On excise duties, the specific duty on imported and 
blended tobacco that financed the Tobacco Fund was reduced in December from USD 900 to 
USD  600  per  tonne,  in  line  with  the  2009 action  plan  which  includes  full  elimination  of  the 
duty  financing  the  Fund  by  2018.  Discrepancies  continue  between  Turkey’s  legislation  on 
cigarette excise duties and the acquis regarding the specific and ad valorem elements of the tax. 
However,  the  overall  level  of  excise  duty  on  cigarettes  is  close  to  EU  levels.  Regarding 
alcoholic beverages, in December Turkey increased the excise duty on all alcoholic beverages 
by  15 %,  thereby  increasing  the  discriminatory  differentials  between  domestic  and  imported 
products. Consequently, the excise duty gap between raki and equivalent spirits increased from 
TRY 17.41 to TRY 20.03 in absolute terms, whereas the 2009 action plan forecast a gap of just 
TRY 6.  This  contradicts  the  2009 action  plan on  reduction  of  discriminatory  taxation.  Excise 
duties on energy products are generally well above the EU minima rates, but kerosene, coal and 
electricity are not subject to excise duties as required in the acquis. 

In the area of direct taxation, no progress was made. There is no development to be reported 
in the field of administrative cooperation and mutual assistance. 

Regarding operational capacity and computerisation, the Tax Inspectors Board continued to 
carry out activities to tackle the informal economy and improve administrative capacity. 

4.17.  Chapter 17: Economic and monetary policy 

EU rules require the independence of central banks and prohibit them from directly financing 
the public sector. Member States coordinate their economic policies and are subject to fiscal, 
economic and financial surveillance. 

Turkey is moderately prepared in the area of economic and monetary policy. There was  no 
progress in the past year. The chapter was opened for negotiations in December 2015. Turkey 
again  submitted  its  economic  reform  programme  (ERP)  with  a  considerable  delay.  Strong 

56 

 
 
 
 
political pressures on the central bank persisted, undermining its independence and credibility. 
In the coming year, Turkey should in particular: 

→ avoid any political interference in the independence of the Central Bank; 

→ submit fiscal notifications and the ERP by the set deadlines. 

On monetary policy, further progress is needed regarding central bank independence which is 
limited in several ways: an inflation target is set jointly with the government, the prime minister 
holds the right to mediate in case of conflicts between the central bank's board and its governor, 
and the grounds for dismissal of members of the central bank's decision making bodies are not 
entirely  in line with  the acquis. Apart from the  necessary legal alignment  of the central bank 
law,  the  central  bank's  independence  has  to  be  respected  in  practice  as  well  by  avoiding 
political interference in the conduct of monetary policy. Full alignment with the acquis requires 
also that the public sector has no privileged access to financial institutions and the prohibition 
of monetary financing of the public sector. 

On  economic  policy,  further  alignment  with  the  Directive  on  requirements  for  budgetary 
frameworks is needed. Turkey prepares three-yearly fiscal programmes, though not respecting 
budget  calendars.  National  accounts  are  not  yet  prepared  in  line  with  the  ESA  2010 
methodology.  Turkey's  budget  transparency  index  score  further  decreased  in  2015,  as  the 
country  provides  the  public  with  limited  budget  information.  Further  improvements  are  also 
needed  on  the  credibility  of  macroeconomic  forecasts;  there  is  a  need  to  strengthen  public 
sector fiscal risk assessment, given the increasing use of public-private partnerships and state 
guarantees  for  investment  financing.  Turkey  does  not  have  numerical  fiscal  rules  or  a  fiscal 
council that monitors fiscal policy independently as required by the Directive. Turkey does not 
submit fiscal notifications as required. 

Turkey submitted its 2016-2018 ERP in mid-April with considerable delay. Further efforts are 
needed to ensure timely submission of the ERP. The High Level Economic Dialogue provides a 
good tool for economic policy coordination with the European Union. 

4.18.  Chapter 18: Statistics 

EU  rules  require  that  Member  States  are  able  to  produce  statistics  based  on  professional 
independence,  impartiality,  reliability,  transparency,  and  confidentiality.  Common  rules  are 
provided for the methodology, production and dissemination of statistical information. 

Turkey is moderately prepared in the area of statistics. There was some progress in this area 
during the reporting period. Further efforts are needed across the board, especially in aligning 
macroeconomic  and  agricultural  statistics  with  the  EU  acquis.  In  the  coming  year,  Turkey 
should in particular: 

→ strengthen cooperation between the National Statistics Office and some other data providers, 
while improving the quality and use of administrative records; 

→ submit key national accounts data to Eurostat; 

→ improve statistics on agriculture, migration and asylum. 

As  regards  statistical  infrastructure,  the  law  on  statistics  follows  the  principles  of  the 
European Statistics Code of Practice and ensures the professional independence of the National 
Statistical Office (NSO), although greater transparency should apply in the appointment of the 
President  of  the  NSO.  Statistical  data  are  available  following  a  public  release  calendar  that 
gives  all  users  access  at  the  same  time.  Most  recent  classifications  are  in  place.  A 
Memorandum of Understanding signed during the past year with the Social Security Institution 
will  make  the  access  to  social  security  data  for  statistical  purposes  easier.  However,  the 
cooperation between the NSO and some of the other main data providers needs to be improved, 
particularly  with  the  Ministry  of  Food,  Agriculture  and  Livestock..  Access  to  administrative 

57 

 
 
 
records  is  difficult  and  the  often  poor  quality  of  administrative  data  held  by  different 
institutions results in increased reliance on costly surveys. The priority in the short term is to 
improve  cooperation  between  the  NSO  and  the  main  data  providers,  improve  the  quality  of 
registers and increase the use of administrative data. 

For macroeconomic statistics, quarterly national accounts and balance of payments data are in 
place but annual national accounts are not yet produced in accordance with the acquis. Turkey 
produces  external  trade  statistics  in  line  with  the  EU  acquis.  Tables  for  the  excessive  deficit 
procedure  have  not  yet  been  submitted.  Further  progress  is  needed  in  foreign  affiliate  trade 
statistics  and  in  the  publication  of  government  finance statistics  on  accrual  basis.  Supply  and 
use  tables have  not been submitted to  Eurostat in recent years. Regional accounts are not  yet 
available  at  level  3  of  the  nomenclature  for  statistical  regions.  The  harmonised  index  of 
consumer prices is produced in line with the acquis. Submitting key national account indicators 
according  to  ESA  2010  and  the  methodology  used  is  essential  for  further  progress  on  the 
statistics chapter. 

In business statistics, the full implementation of the regulation on structural business statistics 
is ongoing, but compliance is still low and data quality not sufficient. The availability and use 
of  good  quality  administrative  records  would  render  the  process  more  efficient.  Turkey  is 
implementing  the  latest  version  of  industrial  production  statistics  according  to  EU  standards. 
PRODCOM (list of products of the European Community) is aligned. Short-term statistics are 
largely  aligned,  with  the  exception of  services. Transport  statistics  are produced  according  to 
the  EU  acquis,  but  a  few  road  transport  data  issues  remain.  Tourism  statistics  are  available 
except for data on spending by Turkish tourists abroad. R&D and ICT statistics are well aligned 
with the EU acquis. Statistics on science and technology are highly compliant. 

As for social statistics, data from the survey on income and living conditions is available and 
labour  market  statistics  are  fully  aligned  with  the  EU  acquis,  with  a  continuous  labour  force 
survey  introduced  in  2014.  Since  2014  the  methodology  for  employment  data  follows  EU 
standards. Alignment in public health statistics is very high for data relating to causes of death 
and health surveys, whereas further progress is needed for data on health expenditure and non-
monetary  healthcare.  Social  protection  statistics  are  partially  aligned.  Crime  statistics  are 
available, as well as education and vocational training data. Data on residence permits, asylum 
seekers and refugees is not yet sufficient to produce reliable migration flow tables. 

In  agriculture  statistics,  no  agricultural  census  has  been  carried  out  since  2001.  Animal 
production,  milk  and  dairy  statistics  are  available,  whereas  data  on  wine  and  olive  oil  are 
incomplete.  Supply  balance  sheets  are  not  yet  available  and  the  economic  accounts  for 
agriculture  are  outdated.  The  farm  registry  has  now  been  integrated  with  the  agricultural 
production  and  registration  system,  but  coverage  and  availability  of  the  agricultural  labour 
index and agricultural production data are in need of considerable improvement. Further work 
is  needed  to  strengthen  the  coordination  between  the  NSO  and  the  Ministry  of  Food, 
Agriculture  and  Livestock  and  to  revise  the  strategy  for  improving  agricultural  statistics  to 
allow for progress in setting up a farm register. 

As  for  environment  statistics,  further  progress  is  needed,  in  particular  in  agricultural  and 
construction waste and data on environment-related taxes by economic activity. Environmental 
accounts are at an early stage of introduction. Energy statistics are in line with the EU acquis. 
Annual  energy  statistics  and  energy  prices  are  available  in  good  quality  and  are  sent  to 
Eurostat. 

4.19.  Chapter 19: Social policy and employment 

EU  rules  in  the  social  field  include  minimum  standards  for  labour  law,  equality,  health  and 
safety at work and non-discrimination. They also promote social dialogue at European level. 

58 

 
 
 
Turkey  remains  moderately  prepared  in  this  chapter.  There  was  some  progress  during  the 
past year. In the coming year, Turkey should in particular: 

→ remove obstacles limiting the full enjoyment of trade union rights and the functioning of the 
bilateral and tripartite social dialogue; 

→ oversee and monitor implementation of the labour law. 

In the field of labour law, in May Turkey adopted legislation on temporary work, on-call and 
distance work. Restrictions and prohibitions on the use of temporary agency work will have to 
be justified on grounds of general interest to comply with acquis. A regulatory framework on 
sub-contracting  in  the  private  sector  in  order  to  address  the  risk  of  poor  working  conditions, 
unjustified dismissals and denial of trade union rights has still not been set up. The percentage 
of unregistered workers was almost unchanged at 33.8 % in May 2016. Child labour persists, 
including in its worst forms.  

On  health  and  safety  at  work,  the  full  entry  into  force  of  the  law  to  align  Turkey  with  the 
acquis in health and safety at work has been postponed once more, this time to July 2017. In 
the  mining  sector,  preventive  measures  need  to  be  strengthened  to  reduce  accident  risks. 
Occupational accidents continue to be a serious concern and claimed 1 626 lives in 2014. Child 
workers continued to be victims of fatal accidents. 

Social dialogue, both tripartite and bipartite, remains limited. The economic and social council 
has been inactive since 2009. The percentage of unionised workers in the private sector, while 
having marginally increased to 11.5 % in 2016, is still very low. In 2015 collective agreements 
cover only 7.5 % of private sector employees, well below Member States' figures. Legislative 
shortcomings  such  as  double  thresholds  for  collective  bargaining  and  the  lack  of  a  right  to 
strike  for  public  servants  are  contrary  to  European  standards  and  ILO  conventions.  Informal 
workers,  retired  and  unemployed  persons,  and  an  overly  wide  range  of  categories  of  public 
servants remain excluded from the right to organise. Many union protests and demonstrations 
were prevented in the reporting period, disproportionately restricting trade union rights. Trade 
union confederations have reported serious allegations about numerous dismissals, harassment, 
retaliatory  action,  arrests  and  police  assaults  against  trade  union  officials  for  legitimate  trade 
union activity. In the aftermath of the 15 July coup attempt, two trade union confederations and 
their 19 member trade unions, totalling almost 50 000 affiliated workers, were closed by decree 
under the state of emergency over alleged links to the Gülen movement. No information was 
available on the precise charges laid against the confederations and the trade unions. 

Employment  rates  were  75.3 %  for  men  (aged  20  to  64)  and  32.5 %  for  women  (20-64)  in 
2015, having increased slightly from 75 % and 31,6 respectively, but women’s rates remain far 
below  the  national  target.  The  unemployment  rate  in  2015  increased  further  to  10.3 %  (for 
those  aged  15  and  over)  and  remains  significantly  higher  for  women.  Youth  (15-24) 
unemployment  rose  to  18.3 %  in  2015,  and  almost  a  third  of  all  young  people  are  not  in 
employment,  education  or  training.  Strong  regional  disparities  persist  in  employment.  State 
subsidies  (reduction  in  social  security  contributions  and  tax  exemptions)  to  employers  for 
hiring additional young or women employees were extended to December 2020. The work on 
the first employment and social reform programme has still not been completed. 

As  regards  preparations  for  the  European  Social  Fund,  the  Ministry  of  Labour  and  Social 
Security is managing both the Human Resources Development Operational Programme under 
the Instrument for Pre-Accession Assistance (IPA)  and the corresponding IPA II programme. 
(Concerning the effectiveness of the management of IPA funds and the risk of de-commitment, 
refer to chapter 22 — Regional Policy and Structural Instruments). 

In  the  field  of  social  inclusion  and  protection,  Turkey  is  making  commendable  efforts  to 
address  the  additional  strain  on  social  infrastructure  exerted  by  high  numbers  of  refugees  in 
some provinces. A recently adopted national strategy and action plan on Roma citizens aim to 
59 

 
 
address  the  problem  of  low-skilled  and  low-status  work  and  child  labour.  Contrary  to  recent 
years,  poverty  indicators  show  no  improvement  in  reduction  of  social  inequalities.  Severe 
material  deprivation  persists,  especially  for  Roma  children,  and  it  is  higher  in  the  eastern 
regions. People with  disabilities  are at high risk of social exclusion and poverty; measures  to 
increase  their  employment  have  been  ineffective.  The  public  sector’s  employment  rate  for 
people with disabilities is around 2 %, well below its commitments. Turkey has taken important 
steps to promote community living, but an integrated and comprehensive policy framework still 
needs to be developed for social policies, services and assistance. Social protection expenditure 
represents  14.3 %  of  the  GDP,  with  almost  half  of  it  allocated  to  old  age  pensions.  High 
inactivity rates for women and high levels of undeclared labour pose a risk to the sustainability 
of the pension system. Home-based carers have become a  major component of Turkey’s care 
system, but they lack professional training and incentives to pay social security premiums. 

In  non-discrimination  in  employment  and  social  policy,  the  law  on  the  human  rights  and 
equality  institution  adopted  in  April  grants  the  institution  a  mandate  to  identify  and  prevent 
discrimination in access to employment, social assistance and social services. The institution is 
however not yet operational. In addition, grounds for prohibited discrimination do not include 
sexual orientation. (See chapter 23– Judiciary and fundamental rights). 

In the field of equality between women and men in employment and social policy, women 
continue  to  be  predominantly  employed  in  low-skilled  jobs  and  their  representation  at 
management levels is extremely low. The gender pay-gap remains problematic. Legislation on 
part-time work for working parents has been adopted. The lack of institutions and services to 
care for children, the elderly and sick people, including for long-term care, continue to hinder 
women’s employment due to the gender bias for caring responsibilities (See also chapter 23). 

4.20.  Chapter 20: Enterprise and industrial policy 

EU enterprise and industrial policy enhances competitiveness, facilitates structural change and 
encourages  an  enterprise-friendly  environment  that  stimulates  small  and  medium-sized 
enterprises. 

Turkey has a good level of preparation in the area of enterprise and industrial policy. There 
was  some  progress  in  access  to  finance,  innovation  strategy  and  entrepreneurial  learning, 
whereas  the  business  environment,  including  tackling  the  informal  economy,  long-term 
financing of SMEs and the legal framework for microfinance, need further improvement. In the 
coming year, Turkey should in particular: 

→  improve  policy  compliance  following  the  results  of  the  Small  Business  Act  process  and 
focus on measuring the impact of policy tools. 

On  enterprise  and  industrial  policy  principles,  there  was  limited  progress  following  the 
adoption  the  previous  year  of  a  number  of  strategies.  A  monitoring  and  evaluation  report  on 
industrial strategy showed progress mainly on policy instruments, i.e. the extension of support 
services  and  funding  to  businesses,  while  action  to  improve  the  business  environment  and 
better  regulation  has  yet  to  be  implemented.  The  SME  Policy  Index  2016  noted  progress  in 
access  to  finance,  innovation  strategy  and  promotion  of  lifelong  entrepreneurial  learning. 
Shortcomings were noted in the registration procedures for businesses, long-term financing of 
SMEs  and  the  legal  framework  for  microfinance.  The  large  informal  economy  remains  a 
concern  for  the  overall  business  environment.  Turkish  legislation  is  not  yet  fully  harmonised 
with the late payment Directive. A sectoral strategy was adopted on the automotive sector and 
seven innovation strategies were issued by different regional development agencies. 

Regarding  enterprise  and  industrial  policy  instruments,  a  specific  industry  cooperation 
programme for healthcare services was published by the Ministry of Health under the general 
‘industry  cooperation  programme’,  providing  for  the  option  of  offset  agreements  in  public 
procurement and a requirement for foreign bidders to work with Turkish companies. Although 
60 

 
 
 
efforts  on  delocalisation  and  the  use  of  public  procurement  as  an  industrial  policy  tool 
continued  in  general,  no  offset  agreements  were  imposed  in  practice.  The  profile  of  the 
Coordination  Board  for  the  Improvement  of  Investment  Environment,  the  YOIKK,  was 
enhanced  and  its  work  methodology  was  streamlined.  Turkey  continued  to  support  industrial 
and technology development zones. There were 64 of these by December 2015 (up from 59 the 
previous year) and 627 patents had been obtained from 19 322 completed projects (compared 
with 384 patents from 14 194 projects in the previous period).  

The performance in  terms of international patent applications remains far below  EU average. 
Turkey  continues  to  operate  several  public  funding  schemes  for  industrial  development, 
including extensive schemes run by the SME support administration, KOSGEB. The impact of 
these schemes and their complementarity requires evaluation. The situation regarding access to 
finance has improved. An industry web portal was set up covering manufacturing businesses in 
29 subsectors. Turkey remains active in the Enterprise Europe Network. 

4.21.  Chapter 21: Trans-European networks 

The EU promotes trans-European networks in the areas of transport and energy to strengthen 
the internal market and contribute to growth and employment. 

Turkey  is  well  advanced  in  the  area  of  Trans-European  networks.  There  has  been  good 
progress during the reporting period on transport and energy networks. Still, further efforts are 
needed especially in developing bidirectional gas interconnections. In the coming year, Turkey 
should work on the legal framework for operating its networks, in particular: 

→ complete the establishment of the national transport master plan and transport information 
management system; 

→ fully align its electricity and gas network codes, including the existing provisions for transit, 
with the acquis, and implement them; 

→ increase institutional and human resource capacity. 

As  regards  transport  networks,  agreement  was  reached  in  June  to  update  the  scope  of 
Turkey’s comprehensive transport network in accordance with  the revised TEN-T guidelines. 
There was also agreement with the EU on the scope of the core transport network. Turkey is 
taking  steps  to  draft  a  national  transport  master  plan  and  set  up  a  transport  information 
management system. The system will produce transport statistics to support decision making.  

Regarding  energy  networks,  good  progress  continued  on  electricity.  The  Turkish  Electricity 
Transmission  Company  (TEIAŞ)  signed  an  agreement  in  January  to  become  an  observer 
member of the European Network of Transmission System Operators for Electricity (ENTSO-
E). This is an important step towards full integration with the EU’s electricity market.  Efforts 
on  electricity  interconnections  with  other  neighbouring  countries  continued.  There  was  good 
progress  in  the  field  of  gas  networks,  especially  on  the  Trans-Anatolian  Pipeline  project 
(TANAP):  efforts  are  being  made  to  finalise  the  project  ahead  of  schedule.  All  major 
procurement contracts have already been awarded, and negotiations on additional financing are 
ongoing with international financial institutions. The Petroleum Pipeline Corporation (BOTAŞ) 
tendered the construction of a gas interconnector between Turkey and Iraq in April. Feasibility 
and  technical  studies  are  ongoing  for  a  project  on  a  bidirectional  interconnector  between 
Turkey  and  Bulgaria.  The  stalled  negotiations  on  the  Russian-backed  Turkish  Stream  project 
have  been  reinitiated  in  August  2016.  No  progress  was  made  on  a  fair  and  transparent  gas 
transit regime. 

61 

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

Regional  policy  is  the  EU’s  main  investment  policy  for  sustainable  and  inclusive  economic 
growth.  Member  States  bear  responsibility  for  its  implementation,  which  requires  adequate 
administrative capacity and sound financial management of project design and execution. 

Turkey  is  moderately  prepared  in  the  area  of  regional  policy  and  coordination  of  structural 
instruments.  Some  progress  was  made  in  using  IPA  funds  and  in  strengthening  capacity  for 
programme implementation. In the coming year, Turkey should in particular: 

→  focus  on  monitoring  and  supervision  of  ongoing  operations  in  order  to  ensure 
implementation of financial assistance by the set deadlines and deliver high quality results; 

→  strengthen  the  national  IPA  coordinator’s  and  national  authorising  officer’s  capacity  to 
coordinate operating structures and ensure effective strategic planning and risk management at 
programme level; 

→  reflect  in  an  update  to  the  action  plan  the  changes  brought  by  the  reformed  EU  cohesion 
policy legislative framework. 

There  is  some  progress  in  the  legislative  framework.  The  General  Declaration  on  the 
Framework Agreement on IPA II and the Law on the Human Rights and Equality Institution of 
Turkey were adopted between February and April 2016. 

There is some progress on the institutional framework, with adoption of the set-up for IPA II 
in December 2015. Three out of four operating structures (for environment and climate action; 
competitiveness  and  innovation;  and  education,  employment  and  social  policies)  have  been 
entrusted  budget  implementation  tasks  for  IPA  funds'  management.  The  Commission  has  not 
yet been able to obtain the assurance needed for a favourable opinion on transport. 

There  is  some  progress  in  administrative  capacity,  with  26  development  agencies  currently 
fully operational. 

In programming, progress is slow, with the preparation of a project pipeline still ongoing. 

On  monitoring  and  evaluation,  there  has  been  little  progress  regarding  effective  use  of  the 
integrated monitoring information system that has been developed. 

Concerning  financial  management,  control  and  audit,  the  risk  of  de-commitment  has  been 
significantly  reduced,  mainly  because  funds  have  been  reallocated  to  the  EU  Regional  Trust 
Fund in response to the Syrian crisis. The risk of not using IPA  funds before closure persists. 
The  operating  structures  continued  to  increase  their  capacity,  but  special  attention  should  be 
paid to the quality of tender documents. 

4.23.  Chapter 23: Judiciary and fundamental rights 

The  EU’s  founding  values  include  the  rule  of  law  and  respect  for  human  rights.  A  proper 
functioning judicial system and effective fight against corruption are of paramount importance, 
as is the respect for fundamental rights in law and in practice. 

Turkey  reached  some  level  of  preparation  to  implement  the  acquis  and  the  European 
standards in this area. However, there has been backsliding in the past year in particular in the 
judiciary. Throughout the reporting period judges and prosecutors continued to be under strong 
political  pressure.  Many  were  dismissed  and  in  some  cases  arrested,  on  allegations  of 
conspiring  with  the  Gülen  movement.  This  situation  worsened  further  after  the  July  coup 
attempt,  with  the  dismissal  of  one  fifth  of  the  judges  and  prosecutors,  which  represents  a 
significant challenge to the overall functioning of the judiciary. The recent legal changes to the 
structure  and  composition  of  high  courts  are  a  source  of  serious  concern  and  undermine  the 
independence of the judiciary and the principle of the separation of powers. The track record on 
anti-corruption  remained  insufficient,  most  notably  in  high-level  cases.  Corruption  remains 

62 

 
 
 
 
prevalent  in  many  areas  and  continues  to  be  a  serious  problem.  On  fundamental  rights, 
implementation  of  the  action  plan  on  preventing  violations  of  the  European  Convention  on 
Human  Rights  (ECHR)  remained  limited.  There  has  been  serious  backsliding  in  the  area  of 
freedom of expression. There were renewed serious concerns particularly in relation to the anti-
terror operations in the east and south east. Following the attempted coup of 15 July, a state of 
emergency  was  declared  under  which  measures  curtailing  fundamental  rights  were  taken, 
including in regards to pre-trial detention and freedom of expression. Developments in the area 
of  prevention  of  torture  and  ill-treatment,  in  particular  after  15  July,  are  of  serious  concern. 
There was no progress on the outstanding issues identified in previous reports.  In the coming 
year, Turkey should in particular: 

→ restore and implement all legal guarantees to ensure full respect for the independence of the 
judiciary including amending the law on the High Council of Judges and Prosecutors (HSYK) 
in order to reduce the executive’s influence within the Council; 

→ take strong measures to ensure that the HSYK follows legal procedures guided by objective 
criteria  without  undue  influence  from  the  executive  powers  with  regard  to  the  disciplinary 
proceedings,  dismissals and prosecutions of judges and prosecutors; 

→  establish  a  track  record  of  investigations,  prosecution  and  final  convictions  in  corruption 
cases, in particular for high-level cases; 

→ ensure in practice the full respect for fundamental rights and freedoms, in particular freedom 
of expression, freedom of association and assembly, and implement measures to fight against 
impunity and improve protection of minorities; 

→ urgently ensure that any allegation of wrongdoing or crime is subject to due process based 
on  evidence  and  fully  transparent  procedures  under  the  authority  of  an  independent  judiciary 
and  in  full  respect  of  fundamental  rights,  including  procedural  rights,  notably  as  regards  the 
respect of the presumption of innocence, individual criminal responsibility, legal certainty, the 
right to defence, the right to a fair trial, equality of arms and right to an appeal;  

→  urgently  address  the  recommendations  of  the  Commissioner  for  Human  Rights  of  the 
Council of Europe of October 2016.  

Functioning of the judiciary 

Strategic documents 

The 2015-2019 Judicial Reform Strategy continued to be implemented. However, no measures 
were taken to tackle key shortcomings on independence and impartiality. It is crucial that the 
strategy  be  revised  to  address  key  outstanding  problems  and  be  implemented  with  the 
involvement of all relevant stakeholders, including civil society. 

Management bodies 

No improvements can  be reported on strengthening  the independence  of the High Council  of 
Judges and Prosecutors (HSYK). The Justice Minister’s right of veto, as ex officio President of 
the HSYK continued to be a source of major concern. HSYK's official record of decisions on 
investigations against judges and prosecutors is still not public.  

Following  the  attempted  coup  of  15  July,  five  members  of  the  HSYK  were  suspended  and 
arrested.  

Independence and impartiality 

Throughout  the  reporting  period,  judges  and  prosecutors  remained  under  strong  political 
pressure.  Comments  by  representatives  of  the  executive  and  the  legislative  branches  on 
ongoing judicial cases, challenging among others decisions taken by the Constitutional Court, 
have continued as a regular practice. The HSYK continued to engage in large scale suspensions 

63 

 
 
and  transfers  of  judges  and  prosecutors  against  their  will,  and  had  dismissed  13  of  them  by 
early  July.  In  the  context  of  direct  public  criticism  from  the  executive,  the  HSYK  launched 
several  cases  against  prosecutors  and  judges  dealing  with  high-profile  cases.  Such  decisions, 
especially  on  judges  and  prosecutors  involved  in  high-profile  cases,  create  a  suspicion  of 
interference  by  the  HSYK  in  their  judicial  tasks.  Self-censorship  appears  to  be  spreading 
among judges and prosecutors who are wary that any decision undermining the interests of the 
executive may affect negatively their careers. Further safeguards still need to be introduced to 
avoid  any  interference  by  the  HSYK  in  judicial  proceedings.  Legal  and  constitutional 
guarantees  continue  to  be  needed  to  prevent  judges  and  prosecutors  from  being  transferred 
against their will, except where the courts are being reorganised. 

Following the coup attempt of 15 July, the HSYK took large-scale decisions against judges and 
prosecutors with alledged links to the Gülen movement. Within a week of the attempted coup, 
3 508 judges and prosecutors were suspended, 2 386 judges and prosecutors were detained: 2 
229 of first instance, 109 from Court of Cassation, 41 from Council of State, two members of 
the Constitutional Court and five members of the HSYK. In August, the HSYK pronounced the 
dismissals of 3 390 judges and prosecutors, representing one fifth of the total number (18 134). 
Decisions  were  taken  without  an  individual  assessment  being  provided  in  all  cases.  One 
professional  association  of  judges  established  in  2005  was closed  and its  President  dismissed 
from the judiciary and detained on claims that the association, well-known for its independent 
views, had links with the Gülen movement. HSYK took decisions at the beginning of October 
to reinstate 198 judges and prosecutors who had lodged an objection to their dismissal. Turkey 
should ensure that all allegations against judges and prosecutors are duly investigated and that 
these  cases  are  treated  individually,  in  accordance  with  the  law  and  in  full  respect  of 
fundamental rights.  

A law changing the structure and composition of the Court of Cassation (CoC) and the Council 
of  State  (CoS)  was  adopted  in  July,  after  having  been  rushed  through  without  sufficient 
scrutiny in Parliament or proper consultation of national or international stakeholders such as 
the  Venice  Commission.  The  law  provides  for  a  complete  overhaul  of  the  two  institutions, 
with the  term  of  office  of  all  sitting  CoC  and  CoS  members  expiring  automatically  and  the 
number  of  chambers  and  their  members  decreased.  The  law  limits  the  tenure  of  judges  to  12 
years.  The  appointment  of  the  324  new  members  by  secret  vote  was  completed  on  25 July. 
These changes undermined the independence of the judiciary and legal certainty as well as the 
principle of immovability. They are not in line with European standards in particular in regards 
to the fate of outgoing CoC and CoS members, the timing of the selection of new members of 
both  bodies  and  the  role  of  the  President  of  the  Republic  in  their  selection.  The  extensive 
changes to the CoC and CoS are of serious concern as they strengthen the perception of high 
courts becoming instruments of the executive. 

The  ‘criminal  judges  of  peace’  increasingly  created  an  environment  conducive  to  external 
influence by the executive over the judiciary. These court institutions operate as a single judge, 
who has powers to issue search warrants, detain individuals and seize property. Objections to 
their  decisions  are  not  reviewed  by  a  higher  judicial  body  but  by  their  peers  i.e.  by  another 
single-judge institution. Their rulings and decisions point to increasing divergence from ECtHR 
case-law. 

On 1 September 2016, the new Judicial year was opened with a ceremony in the Presidential 
Palace,  which  was  perceived  as  putting  into  question  the  separation  of  powers  and  led  to  the 
non-participation of the main opposition party and of the Union of Bar Associations. 

Accountability 

Nearly all judges had declared their assets as required by law. Between October 2014 and July 
2015,  out  of  256  complaints  to  the  HSYK  over  lack  of  independence  and  impartiality, 
investigations were initiated against 28 judges and prosecutors. Prior to the attempted coup, the 
64 

 
 
HSYK had approved the launching of criminal investigations against 54 judges and prosecutors 
indicted  on  charges  related  to  their  alleged  links  to  the  Gülen  movement.  After  the  coup 
attempt,  the  HSYK  pronounced  the  dismissals  of  3  390  judges  and  prosecutors.  Due  process 
and  procedural  standards  need  to  be  applied  objectively,  independently  and  on  an  individual 
basis, to both disciplinary and criminal cases against judges and prosecutors. 

Basic provisions on conflict of interest do not apply to prosecutors. This should be remedied as 
a matter of urgency. There is no dedicated code of ethics for Turkish judges and prosecutors. 

Professionalism and competence 

The  Ministry  of  Justice  continued  to  play  a  decisive  role  in  the  selection  of  candidates  to 
become judges and public prosecutors, even if officially the HSYK is the authority responsible 
for processing appointments. The influence of the Ministry of Justice needs to be considerably 
reduced. 

Following the large-scale dismissals of judges and prosecutors after 15 July, the appointment of 
new recruits in large numbers – over 2 600 so far – has raised concerns about their professional 
competence. Shortened pre-service training for newly appointed judges and prosecutors raises 
some concerns about their capability to fulfil their new duties. Adequate training will need to 
be provided as a matter of priority. 

Quality of justice 

In  the  reporting  period,  the  Justice  Academy  continued  to  provide  pre-service  training  of 
candidate judges and prosecutors as well as on-the-job training. The capacity of the Academy 
should  be  improved,  taking  into  account  the  planned  increases  in  the  number  of  candidate 
judges and prosecutors. Its capacity to deliver high-quality training also needs to be improved 
and common training courses for judges, prosecutors and lawyers need to be developed.  

A  general  derogation  to  the  requirement  of  pre-service  trainings  in  the  Justice  Academy  was 
applied to the large-scale recruitments that followed the coup attempt.  

The budget of the judiciary is EUR 3.5 billion in 2015, representing 0.5 % of GDP and EUR 
44.5 per inhabitant. According to comparative data of 2014 (CEPEJ 2016), Turkey belongs to a 
group of seven European countries which dedicate less than EUR 25 per capita to their judicial 
system when the average for Council of Europe states is at EUR 60 per capita. 

Alternative  dispute  resolution  continued  to  be  seldom  used.  Further  steps  are  required  to 
extend and promote alternative dispute resolution methods to help unburden the courts. 

The  quality  of  judicial  decisions  had  improved  in  recent  years  but  this  positive  development 
risks  being  reversed  following  the  significant  dismissals  and  hasty  recruitment  of  a  large 
number of judges. The regional courts of appeal established on 22 July, once fully operational, 
should contribute to  better  consistency in  case-law. However, the poor quality of indictments 
has been a recurrent source of serious concern.  Decisions on detention frequently lack proper 
reasoning based on specific facts, evidence and grounds to justify the deprivation of liberty, as 
required by law. The number of high-profile criminal cases referred from a city court to another 
remote court increased in the past years. Such referrals complicate the exercise of the right  to 
defence. The extensive use of protected anonymous witnesses, particularly in cases related to 
state security, continues to be a problem. 

Efficiency 

The  Turkish  judiciary  is  currently  under  severe  pressure  to  handle  the  influx  of  cases  in  a 
timely manner.  

The ability of the judiciary to effectively perform its tasks in the aftermath of the coup attempt 
can  be  put  into  question  as  a  result  of  the  large-scale  dismissals.  Close  to  5  000  positions 
remain to be filled.  

65 

 
 
The  number  of  pending  criminal,  civil  and  administrative  cases  increased  over  the  past  three 
years. For criminal cases the backlog increased from 144 678 in 2013 to 273 291 in 2015, for 
civil cases from 115 340 in 2013 to 427 966 in 2015 and for administrative cases from 670 in 
2013 to 29 435. There is a trend of a further sharp increase of the backlog in 2016. In 2015, the 
clearance rate stood at 61 for civil and criminal cases at first instance and 64 for administrative 
cases. The disposition time was 231 days for criminal cases, 218 days for civil cases and 182 
days for administrative cases.  

The  number  of  individual  applications  submitted  to  the  Constitutional  Court  in  2015  was  20 
376. The number of individual applications pending for more than two years is 2 273, and the 
number  of  closed  files  is  43  712.  Since  the  procedure  was  set  up  in  2014,  the  court  took 
decisions on the merits of some 1 417 cases, rejected 19 582 cases and declared 22 713 cases 
inadmissible. More than 47 000 new applications were introduced following the coup attempt, 
including some 40 000 from individuals suspected of links to the Gülen movement.  

Some  steps  were  taken  to  introduce  a  reliable  registration  system  and  draw  up  indicators  to 
measure the justice system’s efficiency. Lengthy trials, especially those lasting more than five 
years, often result in suspects being released without conviction, even in serious crimes cases. 
Systemic  solutions  are  needed  to  further  address  the  excessive  length  of  trials.  Regarding 
complaints  on  the  length  of  judicial  proceedings  lodged  with  the  Justice  Ministry’s  Human 
Rights  Compensation  Commission,  decisions  were  taken  on  6  940  files  out  of  7  714  since 
October 2015.  

The court experts system should be revised. Excessive recourse to court experts by judges, the 
low quality of expert reports and low fees remained problematic. A draft law to overcome these 
issues  is  yet  to  be  adopted.  Court  experts  should  be  subject  to  cross-examination  in  practice. 
Frequent  changes  to  the  internal  organisation  of  judicial  bodies  and  to  the  court  network, 
criminal courts in particular, risk impeding their efficiency.  

Anti-corruption policy   

Track record 

The track record on anti-corruption remains poor, most notably in high-level cases. Prosecution 
of  high-level  corruption  cases,  including  corruption  allegations  against  ministers  and  their 
relatives  from  2013  and  the  Deniz  Feneri  case  did  not  produce  any  convictions.  Corruption-
related  convictions  tried  before  the  courts  dropped  from  4 612  in  2014  to  3 972  in  2015.  In 
2015,  out  of  a  total  of  9  273  alleged  criminal  corruption  cases,  3  972  resulted in  convictions 
(corresponding figures for 2014 were 18 065 and 4 612 respectively).  Legal privileges granted 
to  public  officials  such  as  the  requirement  for  prior  authorisation  from  their  administrative 
hierarchy  before  starting  an  investigation,  continued  to  provide  a  legal  shelter  for  public 
investigations.  The  perceived 
officials 
interference by the executive in high-level corruption investigations significantly increased the 
perception  of  corruption.  Turkey  registered  a  drop  in  Transparency  International’s  Annual 
Corruption Perception Index by two points, moving from 64 to 66 least corrupt country in 2015. 

in  anti-corruption  criminal  and  administrative 

As  regards  checks  on  asset  declarations  of  public  officials,  in  2016  there  have  been  22 
convictions from the prosecution of 113 alleged crimes as compared with 17 convictions from 
the  prosecution  of  114  alleged  crimes  the  year  before.  In  2015,  the  Council  of  Ethics  for  the 
Public Service ruled on a violation of ethics in just seven cases out of 113 applications.  

Political  parties  and  independent  candidates  continued  to  be  exempt  from  any  financial 
transparency  regulation  or  oversight  as  Turkey  has  not  yet  implemented  all  GRECO’s 
recommendations  on  the  transparency  of  party  funding.  Consequently,  the  2015  and  2016 
elections  took  place  in  a  legal  and  institutional  context  in  which  individual  party  and 
independent  candidates’  campaigns  were  not  subject  to  any  transparency  regulations.  Most 
parties do not publish their accounts on their websites. The enforcement of ethics regulations 

66 

 
 
has been ineffective. In the case of investigations for corruption in public procurement, 3 051 
criminal cases were opened in 2015 down from 9 007 in 2014. The number of convictions in 
these cases was respectively 922 and 1 100.  

Institutional framework 

Prevention measures 

The Prime Ministerial Inspection Board acts as a central inspection and supervisory body for 
the  inspection  bodies  in  the  public  administration.  The  Prime  Ministerial  Communications 
Centre  (BIMER)  continued  to  act  as  the  main  body  in  charge  of  reporting  on  corruption  and 
maladministration.  In  2015  alone,  the  Centre  received  about  600 000  complaints,  95 %  of 
which were submitted online or through a hotline. In the absence of a functionally independent 
anti-corruption  body,  the  cooperation  between  the  inspection  boards,  the  Turkish  Court  of 
Accounts (TCA) and the public prosecution office needs to be strengthened. In 2015, the TCA 
referred only six cases implicating corruption (17 in 2014) to the prosecution office.  

On  political  party  financing,  the  Constitutional  Court  supervision  warrants  further 
legal  and 
improvements, 
administrative regulations are needed to ensure transparency and timely review and disclosure 
of audit reports.  

line  with  previous  GRECO  recommendations.   Further 

in 

On prevention of conflicts of interest, the enforcement of ethics regulations continued to be 
ineffective. Ethics boards have been established in all ministries but the Council of Ethics for 
Public  Service  continued  to  lack  the  capacity  to  coordinate  and  monitor  their  work.  Turkey 
recently adopted common ethical rules for border management authorities. The existing system 
of assets declarations continued to be ineffective due to the limited scope of such declarations, 
the  arrangements  for  checking  them  and  transparency  measures  preventing  their  disclosure. 
Protection  of  whistle-blowers  needs  to  be  strengthened  in  law  and  in  practice  to  facilitate 
reporting of corruption.  

On  the  public’s  right  to  free  access  to  information,  the  Board  of  Review  of  Access  to 
Information  continued  to  review  applicants’  appeals  in  an  effective  way  and  to  publish 
decisions  online.  However,  there  is  no  quality  assurance  in  the  responses  provided  to 
applicants. The failure to adopt pending legislation on state and trade secrets is preventing the 
right balance from being struck between confidentiality and transparency in the work of public 
institutions and officials. 

Law enforcement 

The lack of specialisation within the judiciary to investigate corruption cases limits their ability 
to  prosecute  them  effectively.  This  was  exacerbated  by  frequent  moves  of  staff  between 
departments at prosecution and law enforcement agencies. Frequent changes to the legal basis 
of  protective  measures  in  the  criminal  procedure  code  (i.e.  interception  of  communications, 
seizures,  technical  surveillance,  etc.)  continued  to  prevent  an  effective  standard  procedure  in 
corruption  investigations  from  being  established.  Political  interference  in  the  work  of 
investigative  and  judicial  bodies  affects  the  delivery  of  justice,  in  particular  in  high-level 
corruption cases. 

The  Special  Prosecutor’s  Office  still  lacks  a  multi-disciplinary  team  with  financial  and 
economic  experts.  Further  legal  empowerment  and  specialised  training  is  needed  so  that  the 
office  can  carry  out  systematic  and  effective  financial  and  legal  investigations  in  corruption 
cases.  Publicly  available  judicial  statistics  on  corruption  are  limited  and  there  are  no  regular 
corruption perception and detection surveys. 

Inter-agency  cooperation  needs  to  be  further  developed.  Cooperation  between  prosecutors 
and police over pre-trial investigations, which is not yet working effectively, in particular due 
to the absence of an independent judicial police, also needs to develop further. 

67 

 
 
Legal framework 

The  legislative  amendments  foreseen  in  the  anti-corruption  strategy,  i.e.  the  Law  on  general 
administrative procedure, the Law on public procurement, the code of ethics for members 
of parliament and the Law on whistle-blower protection, are still pending. 

Turkey  has  not  yet  fully  aligned  its  legislation  with  the  GRECO  recommendations  on 
transparency in political party financing, incriminations and corruption prevention in respect of 
parliamentarians,  judges  and  prosecutors.  Shortcomings  remained  in  the  corruption-related 
provisions of the criminal code, which do not meet the standards put in place by the Criminal 
Law  Convention  on  Corruption.  The  shortcomings  concern  in  particular  the  provisions  on 
bribery  in  the  private  sector;  the  criminalisation  of  unilateral  acts  of  bribery  and  the  special 
defence of effective regret.  

On  the  transparency  of  political  financing,  the  legal  framework  should  be  amended  to 
guarantee  that  independent  candidates  and  elected  representatives  are  subject  to  the  financial 
checks  and  transparency  regulations  that  apply  to  political  parties  during  their  campaigns  in 
line with the visa liberalisation roadmap.  

Public procurement legislation is not in line with the EU acquis in a number of respects. Public 
tenders  remained  corruption-prone  largely  due  to  various  exemptions  inserted  into  the 
framework law, particularly  for tenders at municipal level and for public private partnerships 
for large infrastructure investments.  

The regulations on conflict of interest for public officials remained fragmented over different 
pieces of legislation. Whistle-blowers  are obliged  to  rely  on ad  hoc provisions in  the witness 
protection law as there is no comprehensive law in either the public or private sector. 

Turkey does not yet have a single Asset Recovery Office.  

Strategic framework 

The  2010-2014  anti-corruption  strategy  and  action  plan  failed  to  meet  most  of  their  initial 
objectives. In April 2016, Turkey adopted a new ‘action plan for increasing transparency and 
strengthening  the  fight  against  corruption’.  The  action  plan  is  a  step  forward  but  remains 
limited in scope as it focuses mainly on preventive and awareness-raising measures. Measures 
include inter alia overhauling the rules on the financing of political parties, political ethics and 
asset declaration; boosting the capacity of public financial control units; revising the system of 
authorisation for investigations of officials.  

The implementation of the action plan needs to combine transparency and inclusiveness  with 
civil  society  participation.  There  was  no  transparent  and  inclusive  consultation  process  with 
civil  society  or  specialised  organisations  before  the  action  plan  was  adopted.  The  document 
does not contain impact indicators, nor are its costs calculated or a budget allocated. The newly 
adopted  2016-2019  action  plan  needs  to  be  implemented  in  an  inclusive  and  participatory 
fashion to address the outstanding challenges. Given the many preventive institutions and law 
enforcement agencies involved in anti-corruption in Turkey, the country needs to strengthen its 
overall capacity to coordinate, implement and monitor all anti-corruption action. 

Fundamental rights 

Turkey  is  party  to  most  international  human  rights  instruments.  Following  the  attempted 
coup  of  15 July  and  the  declaration  of  the  state  of  emergency  on  20 July,  Turkey  announced 
that  it  was  invoking  Article  15  of  the  ECHR,  which  gives  governments  the  possibility  to 
derogate in a temporary, limited and supervised manner from their obligation to secure certain 
rights and freedoms under the Convention in times of emergency.  

In the reporting period Turkey ratified protocol No. 7 to the Convention for the Protection of 
Human  Rights  and  Fundamental  Freedoms,  the  Convention  for  the  Protection  of  Individuals 

68 

 
 
with  regard  to  Automatic  Processing  of  Personal  Data  and  its  Additional  Protocol,  the  1996 
Hague  Convention  on  Jurisdiction,  Applicable  Law,  Recognition,  Enforcement  and 
Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children; 
the 2007 Hague Convention on the International Recovery of Child Support and Other Forms 
of Family Maintenance.  

The Optional Protocol to the Convention on the Rights of the Child and Additional Protocols 4, 
12  and  16  to  the  ECHR  are  yet  to  be  ratified.  In  March  Turkey  signed  the  three  Additional 
Protocols to the CoE Convention on Extradition, and the 2001 Additional Protocol to the CoE 
Convention on Mutual Assistance in Criminal Matters. The Protocol to the Convention on the 
Transfer of Sentenced Persons was adopted and published in the Official Journal in February. 
The instrument of ratification was deposited to the Secretariat of the CoE in April. 

Since  September  2015,  the  European  Court  of  Human  Rights  (ECtHR)  has  found  one  or 
more  violations  of  the  European  Convention  on  Human  Rights  (ECHR)  in  75  cases  relating 
mainly to the right to life, prohibition of torture, right to liberty and security, right to a fair trial, 
right to respect for private and family life, freedom of thought conscience and religion, freedom 
of peaceful assembly, prohibition of discrimination and protection of property. A total of 2 075 
new  applications  were  allocated  to  a  decision-making  body,  bringing  the  number  of  pending 
applications  to  7  982.  The  EU  has  called  on  Turkey  to  intensify  its  efforts  to  implement  all 
ECtHR judgments. Turkey has 938 cases under the enhanced supervision procedure.  

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 are still 
pending,  as  is  the  question  of  ‘just  satisfaction’  (Grand  Chamber  decision  of  12 May  2014). 
Since  the  Demopoulos  v.  Turkey  decision  of  5 March  2010,  6 300  applications  from  Greek 
Cypriot owners have been lodged with the Immovable Property Commission (IPC), 92 of them 
between  September  2015  and  September  2016.  In  the  same  period,  the  IPC  ruled  to  award 
compensation in 140 cases. As of 29 September 2016, 772  applications have been concluded 
through amicable settlements and 25 through formal hearings. The IPC has so far paid out the 
equivalent of EUR 263 million in compensation. In a number of other cases, including Xenides-
Arestis  v.  Turkey,  Demades  v.  Turkey,  and  Varnava  and  others  v.  Turkey,  Turkey  has  yet  to 
fully execute the decisions. 

On the promotion and enforcement of human rights, the National Human Rights Institution 
was replaced by a National Human Rights and Equality Institution established in April  2016. 
As  its  board  members  are  not  yet  elected,  cases  of  alleged  violations  are  currently  not  being 
followed  up.  This  vacuum  causes  particular  concern  in  light  of  the  high  number  of  alleged 
violations in the aftermath of the attempted coup. While the new human rights institution has 
the power to launch investigations of its own initiative into potential human rights violations, it 
can  no  longer  accept  applications  over  human  rights  violations  that  are  in  the  remit  of  the 
Ombudsman.  This  has  clarified  the  division  of  tasks  between  the  two  institutions  but  the 
continued  weakness  of 
its 
recommendations  in  this  field  raise  questions  about  the  effectiveness  of  redress  for  potential 
victims  of  human  rights  violations.  The  National  Human  Rights  and  Equality  Institution  is 
responsible  for  non-discrimination  policy.  The  new  institution’s  functional,  structural  and 
financial  independence  has  not  been  ensured  in  line  with  the  Paris  Principles  and  the  EU 
acquis. 

the  Ombudsman’s  office  and 

limited  follow-up 

the 

to 

The  Constitutional  Court  and  other  higher  courts  generally  continued  to  follow  ECtHR  case- 
law  in  their  rulings.  However,  there  was  limited  implementation  and  no  revision  of  the  2014 
action plan on preventing violations of the ECHR. The second implementation report has been 
prepared  but  the  absence  of  public  reporting  undermines  the  accountability  of  institutions 
responsible for implementation. The Venice Commission published three Opinions on Turkish 

69 

 
 
legislation  concerning  the  criminal  code,  the  internet  law  and  the  legal  framework  governing 
curfews, which included recommendations for revising legislation. 

The conditions for the activities of the human rights defenders have deteriorated throughout the 
reporting period. They worsened further after the coup attempt and the declaration of the state 
of emergency. There have been reports on cases of intimidation of individuals who tried to alert 
on allegations of torture and ill-treatment. 

Concerning the right to life, Turkey is a party to Protocol 13 of the ECHR abolishing the death 
penalty in all circumstances. Public officials’ repeated declarations, including by the President, 
following  the  attempted  coup  considering  the  possibility  to  reinstate  the  death  penalty  raised 
concern.  There  is  no  comprehensive  approach  over  missing  persons,  exhumation  of  mass 
graves and independent investigation of all alleged cases of extrajudicial killing by security and 
law enforcement officers. The statute of limitations on these cases is an impediment to justice.  

There  was  backsliding  on  the  prevention  of  torture  and  ill-treatment,  especially  in  the 
context  of  counter-terrorism  operations  in  the  south-east.  Allegations  of  torture  and  ill-
treatment are not properly investigated or punished, with few, usually overly lenient, sanctions 
given. There continues to be a need to ensure prompt impartial and effective investigation of all 
cases of alleged extrajudicial killings by security and law enforcement officers, including in the 
context  of  counter-terrorism  operations  in  the  south-east.  Impunity  remains  one  of  the  core 
problems.  Turkey  needs  to  align  its  legislation  on  the  prevention  of  torture  and  ill-treatment 
with the ECHR and with ECtHR case-law. The National Human Rights and Equality Institution 
has  taken  over  the  role of  national  preventive mechanism,  however,  the  institution  has  yet to 
become  operational.  Concerns  that  the  institution  is  not  sufficiently  independent  bring  into 
question its ability to perform this duty effectively in line with requirements under the Optional 
Protocol  to  the  Convention  against  Torture.  Given  that  torture  is  prohibited  according  to 
Turkish legislation, it is all the more important that allegations are swiftly investigated and that 
existing  legal  structures  in  Turkey  that  prohibit  torture  and-ill  treatment  are  able  to  perform 
their  mandate.  The  fact  that  the  existing  prison  monitoring  boards  have  been  disbanded  and 
reappointed  during  this  period  increases  the  risks  inherent  in  this  situation.  Controversial 
amendments  to  the  Law  on  the  personnel  of  the  Turkish  armed  forces  were  adopted  in  June. 
The amendments,  which grant  judicial privileges  to  military personnel and expand  the armed 
forces’  legal  powers  in  domestic  security  operations,  raise  concerns  as  they  may  lead  to 
impunity.  

In  May,  the  UN  Committee  against  Torture  (CAT)  found  in  its  fourth  periodic  review  on 
Turkey that it had not received sufficient information on prosecutions for torture, including in 
the  context  of  ECtHR  decisions  and  that  despite  ongoing  investigations  into  torture  and 
excessive  use  of  force  by  security  officials,  relatively  few  cases  of  sanctions  and  fines  were 
recorded. The CAT also expressed concerns about numerous credible reports of torture and ill-
treatment  of  detainees  in  the  south-east  and  demanded  prompt,  thorough  and  impartial 
investigations  into  all  such  allegations.  Turkey  should  urgently  implement  the  CAT’s 
recommendations and work constructively with the UN Special Rapporteur on torture.  

There were  also  allegations of  widespread  cases of torture and ill-treatment in  the immediate 
aftermath  of  the  coup  attempt.  The  Council  of  Europe's  Committee  for  the  Prevention  of 
Torture and Inhuman or Degrading Treatment or Punishment (CPT) carried out an ad hoc visit 
to Turkey from 29 August to 6 September 2016. The purpose of the visit was to examine the 
treatment and conditions of detention of persons who have been detained in connection with the 
coup  attempt.  In  line  with  best  practices  and  transparency  requirements  and  in  order  to  build 
confidence  in  this  sensitive  area,  the  Turkish  authorities  are  encouraged  to  authorise  the 
publication of such reports shortly after their inception. Cases of death in detention of arrested 
persons  following  the  attempted  coup  need  to  be  thoroughly  investigated.  The  prohibition  of 
torture  and  ill-treatment  and  procedural  rights  of  suspected  and  accused  persons  need  to  be 

70 

 
 
fully  observed  in  law  and  in  practice,  in  line  with  the  country’s  international  obligations,  in 
particular the European Convention of Human Rights.  

As regards the prison system, prison staff members continued to receive training on Council of 
Europe  standards  and  human  rights.  The  shortage  of  psychologists,  social  workers  and 
sociologists  negatively  affects  the  rehabilitation  of  inmates.  Civil  society  and  professional 
organisations  are  not  allowed  to  be  involved  in  rehabilitation  and  probation.  Solitary 
confinement and arbitrary practices are often used as disciplinary sanctions.  

Following  the  July  coup  attempt,  a  large  number  of  suspects  were  detained  in  irregular 
locations without appropriate detention conditions and serious impediments to their procedural 
rights  according  to  European  standards  were  reported.  There  was  a  sharp  rise  in  the  prison 
population and prison overcrowding reached very worrying limits. A Law Decree amending the 
Law on Enforcement of Sentences in August resulted in the release on probation of around 40 
000  inmates  in  order  to  create  room  in  prison  facilities  to  deal  with  detained  and  sentenced 
persons suspect of implication in the coup attempt. Following their release, there were 192 181 
people for some 180 000 places in the penal institutions, of which 59 819 are detained and 132 
362 convicted as of 9 September 2016. The prison population rate has grown to over 200 per 
100 000 inhabitants which is a high figure among Council of Europe states.  

The data protection law adopted in March is Turkey’s first specific piece of legislation in this 
area. It provides for the establishment of a Data Protection Agency, with a nine-member board. 
Of  its  members,  five  are  to  be  selected  by  Parliament,  two  by  the  President  and  two  by  the 
Council of Ministers. The Personal Data Protection Agency will be affiliated to the office of the 
Prime Minister. The newly adopted law contains an extensive list of exceptions in particular the 
exclusion  of  national  defence,  national  security,  public  security,  public  order  and  economic 
security as well as processing of personal data by judicial and law enforcement authorities from 
its scope of application. Further exclusions apply to investigations and prosecutions, as well as 
criminal and execution proceedings. The law represents progress, compared with the previous 
situation in which no legislation existed on this matter. However, it is not in line with current 
EU  acquis  in  particular  as  the  provisions  on  the  composition  and  the  functioning  of  the 
authority in charge of supervising the use of personal data do not provide assurances for it to 
act  in  a  completely  independent  manner,  and  because  the  activities  of  the  law  enforcement 
agencies  and  judicial  authorities  are  not  entirely  covered  by  the  obligation  to  respect  the 
personal data protection rules. Turkey should align the legislation on personal data protection to 
EU acquis notably to ensure that the data protection authority can act in an independent manner 
and  that  the  activities  of  law  enforcement  agencies  fall  within  the  scope  of  the  law.  The 
Convention for the Protection of Individuals with regard to Automatic Processing of Personal 
Data was ratified in May. Turkey ratified in July the Additional Protocol to the Convention for 
the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS 181) 
which concerns supervisory authorities and trans-border data flows. 

On  freedom  of  thought,  conscience  and  religion,  freedom  of  worship  continued  to  be 
generally  respected.  Insulting  religion  and  blasphemy  are  criminal  offences.  In  January,  the 
government  submitted  two  action  plans  to  the  Council  of  Europe  Committee  of  Ministers  on 
the  implementation  of  ECtHR  decisions  on  Cem  Houses  and  two  decisions  on  compulsory 
religion  classes.  A  comprehensive  legal  framework  in  line  with  ECtHR  rulings,  CoE 
recommendations  and  EU  standards  needs  to  be  put  in  place  and  consistently  implemented. 
Particular attention should be given to implementing the ECtHR judgments on the exemption 
from compulsory religion and ethics classes, indication of religious affiliation on identity cards 
and  Alevi  worship  places.  Other  pending  issues  are:  legal  personality  of religious  bodies  and 
institutions;  rules  on  participation  in  religious  elections,  and  work  and  residence  permits  for 
foreign clergy. Turkey is the only member of the Council of Europe that does not recognise the 
right  to  conscientious  objection  for  conscripts.  Outstanding  issues  concerning  the  Alevi 
community need to be tackled, including the implementation of several ECtHR judgments.  

71 

 
 
The  Ecumenical  Patriarchate  received  no  indication  from  the  authorities  that  it  may  use  the 
‘ecumenical’  title  freely.  Venice  Commission  recommendations  on  this  issue  are  yet  to  be 
implemented. No steps were taken to open the Halki (Heybeliada) Greek Orthodox Seminary. 
There  were  reactions  triggered  by  the  controversial  use  of  the  Hagia  Sophia,  which  is 
a museum  situated  within  a  listed  UNESCO  world  heritage  site,  for  marking  religious 
celebrations.  The  Armenian  Patriarchate’s  proposal  to  open  a  university  department  for 
Armenian language and clergy has been pending for several years. Similar demands have been 
made  by  different  Christian  communities  who  sought  to  train  clergy.  Similar  problems  exist 
over the construction of places of worship. Hate speech and hate crimes against Christians and 
Jews  continued  to  be  repeatedly  reported  (see  below  —  minorities).  Inter-religious  dialogue 
remains an important element in this area.  

Freedom of expression  

There was serious backsliding on the freedom of expression. The authorities took further action 
to curtail freedom of expression. Measures taken against media representatives, in particular in 
relation to the coup attempt have increased concerns. In addition, the scope of actions taken by 
decree-laws  under  the  state  of  emergency  has  been  broadened  to  pro-Kurdish  and  opposition 
voices.  

The high  number of arrests  of  journalists  after 15 July is  a serious  concern. Due process, the 
right  to  fair  trial  and  the  respect  of  the  principle  of  the  presumption  of  innocence  should  be 
guaranteed.  Prior  to  the  15  July  coup  attempt,  there  were  36  journalists  in  prison,  many  of 
whom  were  charged  with  crimes  under  the  anti-terrorism  law.  In  the  aftermath  of  the  coup 
attempt,  by  the  end  of  October,  some  90  journalists  were  arrested  bringing  the  total  to  more 
than  130,  many  of  whom  face  charges  under  Art.  6  of  the  anti-terror  law.  The  number  of 
detentions, judicial prosecutions, censorship cases and layoffs soared. Since July 15, more than 
2,500 journalists have lost their jobs. The criminal investigation launched in June 2015 against 
a  critical  newspaper  and  its  editor-in-chief  over  publication  of  documents  on  arms  deliveries 
allegedly conducted by the National Intelligence Service to Syria resulted in prison sentences 
of five years (under appeal). The undue pressures and at times openly hostile climate in the area 
of freedom of expression became evident in the public assassination attempt on the said editor-
in-chief  during  his  trial.  In  October,  the  new  editor  in  chief  and  several  writers  of  the  same 
newspaper were also detained for alleged links to terrorist organisations. 

Takeovers  of  media  groups  by  the  Government  continued.  Trustees  modified  the  editorial 
policy, while numerous journalists were laid off. One such media group was closed down five 
months  after  a  board  of  trustees  was  appointed.  In  the  aftermath  of  the  coup  attempt,  the 
government  issued  decrees-laws  ordering  the  closure  of  TV  channels  and  radio  stations, 
predominantly for alleged links to the Gülen movement. However the closures and suspensions 
extended  to  a  number  of  channels  broadcasting  in  Kurdish  language,  one  Alevi  channel  and 
some  opposition  channels.  By  the  end  of  October,  46  TV  channels  and  radios  stations,  five 
news  agencies,  55  papers  and  18  magazines  were  closed,  while  arrest  warrants  were  issued 
against some 90 journalists, access to more than 20 news websites was blocked and the licences 
of  29  publishing  houses  were  revoked.  Among  these,  23  out  of  39  TV  channels  and  radio 
channels broadcasting in Kurdish language, as well as several newspapers in Kurdish language, 
have  been  closed.  The  proportionality  and  alignment  with  international  standards  of  those 
restrictive measures, including in times of emergency, is questionable. 

Politicians  continued  to  publicly  condemn  and  intimidate  journalists,  editors,  academics  and 
human  rights  defenders  for  their  critical  views.  The  increased  use  of  hate  speech  by  officials 
including senior representatives of the state is a major concern. Several papers faced repeated 
refusals of accreditation for government events. There were cases of foreign journalists facing 
difficulties in exercising their profession in Turkey, such as through deportation, being refused 
entry and being refused renewal of accreditation. 

72 

 
 
Requests to the Ministry of Justice for permission to launch investigations over insults to the 
President  under  Article  299  of  the  criminal  code  increased  from  56  cases  in  2014  and  1  653 
cases in 2015, to 1 867 cases in 2016. As of 1 September 2016, 59 persons were detained on the 
basis of this article, of which a (17-year-old) juvenile. The exponential increase in this practice 
has been criticised by international institutions and recommendations have been made to curtail 
the  use  of  this  article  in  line  with  the  European  consensus.  As  a  gesture  of  goodwill  in  the 
aftermath  of  the  coup  attempt,  both  the  President  and  the  Prime  Minister  have  dropped  a 
number of compensation civil cases, but not for cases involving HDP politicians.  

There  was  no  revision  of  the  provisions  in  the  anti-terror  law  or  the  criminal  code.  Selective 
and  arbitrary  application  of  the  law,  especially  of  the  provisions  on  national  security  and  the 
fight  against  terrorism,  is  seriously  limiting  freedom  of  expression.  Four  members  of  the 
‘Academics  for  Peace’,  who  in  January  2016  signed  a  declaration  condemning  the  security 
operations in the south-east and calling for resumption of the peace talks, while falling short of 
condemning the terrorist acts from the PKK, were arrested on charges of disseminating terrorist 
propaganda.  Many  others  have  been  subjected  to  both  disciplinary  and  criminal  proceedings. 
The  Internet  Law  and  the  general  legal  framework  continue  to  enable  the  executive  to  block 
content without a court order on an unduly wide range of grounds. The internet law as well as 
the provisions on insulting the President, on defamation and Article 314 of the criminal code on 
membership of armed organisations should be amended in line with the Venice Commission's 
recommendations of March 2016. 

Media  blackouts  were  imposed  in  several  cases.  The  ECtHR  ruled  in  December  2015  that 
Turkey  violated  the  ECHR  when  the  Telecommunications  Communication  Presidency  (TIB) 
banned  Twitter  and  YouTube  in  2015  on  grounds  of  terrorist  propaganda.  In  the  absence  of 
official statistics, civil society indicated that 110 846 websites had been banned, of which 2.6 % 
on  the  basis  of  a  court  decision.  In  August,  a  decree  taken  under  the  state  of  emergency 
replaced  TIB  with  a  new  body,  the  Information  and  Communication  Technologies  Authority 
(BTK), with wider powers to enforce restrictions on freedom of communications.  

The Board of directors of the Turkish Radio and Television Corporation (TRT) is appointed by 
the government which induces a risk of politicisation. Its independence needs to be protected 
by  law.  Even  though  the  Radio  and  TV  Supreme  Council  (RTÜK)  submitted  reports  on 
detected violations to the Supreme Board of Elections, no comprehensive reports on its media 
monitoring findings were published.  

RTÜK continued to suspend and fine channels for broadcasting content that is ‘contrary to the 
national and  moral  values  of society, general morality and the principle of family protection’ 
and  decided  to  take  a  number  of  channels  off  the  air  within  the  framework  of  the  state  of 
emergency.  These  measures  particularly  affected 
independent  channels  and  channels 
broadcasting in the Kurdish language.  

The  state-owned  Turkish  Satellite  Communications  Company  (TÜRKSAT)  excluded  more 
than  30  TV  and  radio  channels  for  spreading  alleged  terrorist  propaganda.  TÜRKSAT’s 
decisions lacked solid legal grounds, with neither a court decision nor a licence cancellation by 
RTÜK.  

There  was  backsliding  on  the  freedom  of  assembly  and  association. While  the  Constitution 
provides for freedom of assembly in general terms, other pieces of legislation continue to pose 
serious limitations on the effective implementation of this right, including provisions under the 
April  2015  internal  security  package.  A  number  of  demonstrations  were  seen  as  security 
threats, many of which on the Kurdish issue, as well as on environmental protection or which 
were considered to be critical of government policies. There was widespread use of excessive 
force by the authorities against peaceful demonstrators in the reporting period. LGBTI marches 
in  Ankara  and  in  Istanbul  were  again  banned  in  2016.  The  relevant  ECtHR  case-law  on  the 

73 

 
 
freedom  of  assembly  needs  to  be  implemented  and  the  Law  on  meetings  and  demonstrations 
urgently needs to be revised accordingly.  

In  the  aftermath  of  the  coup  attempt,  daily  peaceful  gatherings  in  support  of  the  government 
took  place  with  logistical  support  from  the  authorities.  In  August,  close  to  three  million 
citizens, including representatives of major political parties gathered in Yenikapi in a display of 
unity  against  the  attempted  coup,  while  HDP  was  excluded.  Several  demonstrations  critical 
towards the government policy were banned in different provinces in the post-coup period.  

The  Constitution  provides  for  freedom  of  association.  However,  in  practice  this  is  restricted. 
There  have  been  complaints  from  LGBTI,  women’s  and  other  rights-based  associations  that 
excessive administrative burdens are imposed on them by the authorities. The legislation on the 
freedom of association for national and foreign organisations and its implementation should be 
brought  in  line  with  European  standards.  Provisions  restricting  registrations,  procedures  for 
permissions and the functioning of associations need to be revised using clear implementation 
criteria and applied in a consistent and non-discriminatory manner.  

After 15 July, two trade union confederations and their 19 member trade unions, with almost 50 
000 workers affiliated, were closed by a decree taken under the state of emergency over alleged 
links to the Gülen movement. The decree also closed 1 229 foundations and associations. 

On property rights, the implementation of the revised Law on Foundations for restitution of 
properties  was  finalised.  Overall,  1206  property  claims  were  rejected,  of  which  some  are 
pending either before local courts or at the ECtHR. Implementation problems were reported at 
the offices of title deeds and local registry offices despite appropriate implementation circulars 
issued  by  the  government.  The  decisions  on  restitution  of  properties  of non-Muslim  minority 
foundations taken in previous years were challenged by the Treasury through court cases. The 
scope  of  the  current  legal  framework  needs  to  be  broadened  notably  to  cover  foundations 
currently managed by the state and properties of foundations transferred to third persons. There 
were concerns over the government’s decision in March on expropriations and the destruction 
of large parts of the Sur District in Diyarbakır.  

Court cases on property restitution continued, including on ownership of the land on which the 
Syriac Orthodox Mor Gabriel Monastery is built. Syriacs and Yazidis still faced difficulties to 
register  property.  Latin  Catholic  churches  still  have  neither  legal  personality  nor  foundation 
status,  making  it  impossible  for  them  to  register  property  or  seek  restitution.  Problems  were 
reported for Greek nationals in inheriting and registering property, in particular following the 
Turkish authorities’ implementation of the amended land registry law of 2012, which included 
a measure to limit the acquisition of property by Greek nationals. The 2010 recommendations 
of  the  Venice  Commission  on  protecting  property  rights  and  education  rights  still  need  to  be 
fully implemented. The Council of Europe Resolution 1625 (2008) regarding property rights on 
the  islands  of  islands  of  Gökçeada  (Imbros)  and  Bozcaada  (Tenedos),  needs  to  be  fully 
implemented. 

On non-discrimination, the new Law on the Human Rights and Equality Institution of Turkey 
contains provisions prohibiting discrimination on a large number of grounds and is a step in the 
right direction. There is still a need to adopt a fully comprehensive dedicated law on combating 
discrimination in line with the European Charter of Fundamental Rights, including with regards 
to  sexual  orientation.  Turkey  is  encouraged  to  swiftly  ratify  Protocol  12  ECHR  providing  a 
general  prohibition  of  discrimination.  This  would  strengthen  legal  certainty.  The  National 
Human  Rights  and  Equality  Institution  needs  to  be  rapidly  established  and  start  processing 
cases of discrimination.  

The  criminal  code  is  incomplete  concerning  hate  crime  and  is  not  fully  in  line  with  best 
practices  at  international  level.  Turkey  should  take  account  of  the  recommendations  of  the 
European Commission against Racism and Intolerance of the Council of Europe in this field. 

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Moreover,  the  provisions  do  not  cover  hate  offences  based  on  ethnic  origin  or  sexual 
orientation. Non-discrimination is not sufficiently enforced either in law or in practice and the 
rights  of  minorities  are  not  sufficiently  upheld.  Ethnic  and  religious  groups  and  groups 
promoting  gender  diversity  continued  to  report  cases  of  discrimination  in  society  and 
employment. 

The legislative and institutional framework on equality between women and men is in place. 
Some  institutions  continued  to  build  up  their  capacity  to  combat  violence  and  discrimination 
against women through training. The private sector also stepped up efforts to address the issue. 
Tax  incentives  supporting  the  creation  of  private  nurseries  and  day-care  establishments  were 
adopted  in  August.  However,  discrimination  against  women  and  gender-based  violence  were 
not  sufficiently  addressed  owing  to  weak  implementation  of  the  legislation,  low  quality  of 
services  available  and  the  weak  political  commitment  to  gender  equality,  exemplified  by 
frequent public statements emphasising gender stereotypes and promoting the traditional role of 
women. Since Turkey’s ratification in 2014 of the Council of Europe Istanbul Convention on 
preventing and combating violence against women and domestic violence, the country has not 
taken any concrete steps to harmonise its domestic legislation with the Convention and to raise 
awareness.  Further  efforts  to  implement  the  existing  law  and  national  action  plan  on  the 
protection of family and prevention of violence against women are needed. Domestic violence 
led to the death of 413 women in 2015. Female refugees, single women and pregnant women 
remained  vulnerable.  Early  and  forced  marriage  continued  to  be  a  major  concern,  including 
among the Syrian refugee population. Protection of women from violence and legal redress in 
cases where victims pursue judicial proceedings remained insufficient. The number of women 
who seek formal help or report to the justice system is still very low. Milder sentences for sex 
crimes  are  justified  by  ‘consent’,  ‘undue  provocation’  and  ‘appearing  older’.  No  system  for 
collecting  comprehensive  data  on  gender-based  violence  exists.  Shelters  for  victims  of 
domestic violence increased their capacity, but they still need to be developed further. There is 
very  limited  administrative  follow-up  to  cases  of  domestic  violence  and  no  link  with  social 
services.  

There  was  limited  progress  in  overall  policy,  legislation,  coordination  and  monitoring  on  the 
rights of the child. Due to the introduction of child-specific procedures and outreach efforts, 
the special Ombudsperson received more complaints directly from children. There was a high-
level commitment to education for Syrian refugee children which should be extended to other 
refugees and vulnerable groups. However, the implementation of the 2013 national children’s 
rights  strategy  and  action  plan  remained  poor.  No  national  strategy  is  in  place  to  prevent 
violence  against  children  nor  is  an  effective  system  of  monitoring  rehabilitation  centres  and 
institutions  in  place.  Research  on  sexual  abuse and  ill-treatment  of  children  is  insufficient.  A 
parliamentary  committee  to  examine  child  sexual  abuse  was  established  but  more  efforts  are 
needed to effectively prevent and punish child abuse. In July, the Constitutional Court's ruling 
to annul a provision that punishes all sexual acts against children under the age of 15 as “sexual 
abuse”,  caused  outrage  from  academics  and  human  rights  activists  who  warned  that  the 
decision  would  lead  to  cases  of  child  abuse  going  unpunished.  The  court  set  a  6-months 
deadline  for  the  legislation  to  be  clarified  in  this  regard  and  the  government  is  advancing 
preparations. 

On  juvenile  justice,  the  average  duration  of  trials  in  the  juvenile  courts  decreased.  However, 
juvenile  courts  have  not  been  established  in  all  provinces  and  more  than  half  of  juvenile 
offenders continue to be tried in non-specialised courts. Juveniles continued to face arrest and 
detention on charges of membership of terrorist organisations. The number of children in pre-
trial detention increased. As of 9 September, there were 2 419 juveniles in penal institutions of 
which  12  were  held  for  terror-related  crimes.  The  quality  of  legal  aid  for  juveniles  and 
rehabilitation activities is a matter of concern. There were reports of torture, ill-treatment and 
sexual  abuse  of  juveniles  in  detention.  On  occasions  juveniles  were  kept  in  wards  for  adult 

75 

 
 
inmates, contravening international standards. Further efforts are needed to ensure that justice 
for children is effectively implemented and that no derogations from international standards are 
accepted.   

On  the  rights  of  persons  with  disabilities,  the  new  law  establishing  the  Human  Rights  and 
Equality Institution confirms the prohibition of direct or indirect discrimination on the basis of 
disability. However, certain laws in place still work against the principles enshrined in the UN 
Convention on the rights of persons with disabilities. The number of disabled pupils in primary 
and  secondary  education  continued  to  increase  but  access  to  higher  education  remained 
a problem and ‘lifelong learning’ opportunities were limited. The illiteracy rate among disabled 
persons  is  high.  Accessibility  of  public  services  and  buildings  for  persons  with  disabilities 
remained a widespread problem. Existing fines and the 2018 deadline in the transport sector for 
fulfilling accessibility criteria need to be complemented by public awareness-raising campaigns 
and appropriate incentives. There is a lack of quantitative and aggregated data on participation 
by persons with disabilities in economic and social life.  Significant shortcomings persist over 
the integration and empowerment of persons with disabilities with respect to their environment, 
social attitudes and quality of services. Lack of early and suitable diagnosis limits early access 
to appropriate services for many children with disabilities or developmental delays. Turkey still 
has no mental health law and no independent body to monitor mental health institutions. 

There  are  serious  concerns  with  regard  to  fundamental  rights  of  lesbian,  gay,  bisexual, 
transgender and intersex (LGBTI) persons. The new Law on the National Human Rights and 
Equality  Institution  does  not  explicitly  include  sexual  identity  and  sexual  orientation  among 
grounds for discrimination. In the military disciplinary system, homosexuality is still defined as 
a  ‘psychosexual  disorder’  and  in  the  military’s  medical  regulation  as  an  illness.  An  anti-
homophobia march was banned in Ankara in May. The June LGBTI movement pride parade in 
Istanbul  was  not  allowed  to  go  ahead  for  the  second  consecutive  year.  Intimidation  and 
violence against the LGBTI community increased including the killing of at least two persons. 
LGBTI  organisations  who  came  under  threat  from  fundamentalist  terrorist  groups  did  not 
receive  protection  from  the  government.  Hate  crimes,  attacks  and  murders  as  well  as  police 
violence against transgender people and activists are a source of serious concern. There is no 
specific  legislation  against  these  crimes.  Some  media  outlets  promote  hate  speech  against 
LGBTI persons.  The law suits filed by LGBTI  persons  in such cases  usually  do not  result in 
effective  investigations  or  sanctions  by  the  judiciary.  Discrimination  over  the  right  to 
employment on the basis of sexual orientation remains widespread. 

Issues of labour and trade union rights are covered in chapter 19. 

Some aspects of procedural rights are guaranteed by law, including legal aid and the right to 
translation  and  interpretation  in  criminal  matters,  but  the  legislation  needs  to  be  aligned  with 
European  standards.  Furthermore,  these  rights  have  been  severely  violated  in  practice,  in 
particular  in  the  context  of  anti-terrorism  operations  and  in  the  wake  of  the  attempted  coup, 
when  access  to  a  lawyer  was  in  many  cases  not  guaranteed  and  information  on  charges  not 
always communicated in due time. It is a concern that the decrees adopted under the state of 
emergency  provide  for  important  restrictions  to  the  right  of  defence,  such  as  limitations  to 
confidential  communication  between  pre-trial  detainees  and  lawyers  through  recording  of  the 
meetings, as this presents risks for the right to a fair trial and leaves detainees vulnerable to ill-
treatment. There are reports that lawyers are, due to perceived personal risks, refusing to take 
up  or  adequately  pursue  the  cases  of  alleged  coup  plotters  which  results  in  further  practical 
impediments to fair trials. Legal aid is provided by law in listed cases and access to it needs to 
be broadened. Turkey should consider adopting specific legislation on the victims' rights. 

The dialogue between the government and representatives of minorities continued. A positive 
judgment was issued in a lawsuit against the Grey Wolves Organisation in Kars on charges of 
hate  speech  against  Armenians.  However,  hate  speech  and  threats  directed  against  minorities 

76 

 
 
remained  a  serious  problem  and  long  delays  in  cases  where  religious  representatives  or  their 
property  were  attacked  amount  to  impunity.  School  textbooks  need  to  be  revised  to  delete 
remnants of discriminatory rhetoric. There is still no regulation on election procedures for non-
Muslim  foundations  after  the  previous  regulation  was  annulled  in  2013.  This  continued  to 
prevent minority foundations from electing board members. 

The  increased  representation  of  smaller  ethnic and  faith  minority  groups  in  Parliament  in  the 
June 2015 elections, although still symbolic in numbers, was confirmed at the November 2015 
elections. The positive steps of the previous education year regarding teacher recruitment and 
state  subsidies  for  minority  schools  were  not  duly  implemented  in  the  reporting  period.    The 
second  church  in  Istanbul  has  not  been  opened  yet  despite  requests  by  the  Syriac  Orthodox 
community.  The  main  case  launched  in  connection  with  the  assassination  of  Armenian 
journalist Hrant Dink in 2007 was combined with new indictments against 27 public officials. 
Several people including law enforcement officials were also arrested in connection with this 
case; their indictement is pending. The penal case related to the killings of three Protestants in 
2007 has ended in September with life time convictions for the five accused persons pending 
appeal. The Turkish authorities continued to respond strongly and systematically whenever the 
1915 events were recognised as genocide abroad. 

In April the government adopted a 2016-2021 national strategy and 2016-2018 action plan for 
Roma  which  is  a  positive  step  forward.  The  strategy  addresses  key  obstacles  to  the  social 
inclusion  of  Roma  and  lays  down  measures  in  various  fields,  including  housing,  education, 
employment  and  health.  Turkey  needs  to  start  implementing  the  strategy  and  set  up  a 
monitoring and evaluation mechanism. Preliminary work started on a comprehensive survey on 
the situation of the Roma in Turkey but overall there is a lack of quantitative, qualitative and 
comparable  data  on Roma. Turkey  appointed its contact point for  the Roma Integration 2020 
Initiative and needs now to step up its engagement. 

Access to health services continued to improve, while medical services were largely accessible 
for Roma families. Procedures for the Roma to obtain civil documentation are cumbersome and 
should be made easier. Roma groups continued to face discrimination in social and economic 
life and in accessing employment and quality education. Absenteeism in school remained high, 
including in compulsory primary education, and child labour is a major problem in the Roma 
community.  Urban  development  projects  continued  to  disadvantage  the  Roma  by  depriving 
them  of  traditional  job  opportunities  and  solidarity  networks.  A  significant  court  case  was 
brought over the 2010 campaign to lynch and evict Roma.  

On  cultural  rights,  the  Government  still  did  not  legalise  the  provision  of  public  services  in 
languages  other  than  Turkish.  The  teaching  of  optional  courses  in  Kurdish  in  public  state 
schools was maintained.University programmes in Kurdish, Arabic, Syriac and Zaza continued. 
The Mesopotamia Foundation established in Diyarbakır started preparations to open a Kurdish 
language university. However, legal restrictions on possibilities for mother tongue education in 
primary  and  secondary  schools  remained  in  place.  Education  in  mother  tongues  other  than 
Turkish is not allowed apart from in  minority schools recognised under the Lausanne Treaty. 
Kurdish-teaching schools in Diyarbakır and Nusaybin were closed down as they could not be 
formally  registered.    The  Turkish  authorities'  decision  to  close  a  number  of  media  outlets 
publishing or broadcasting in Kurdish language and on Alevi culture is a source of concern.  

4.24.  Chapter 24: Justice, freedom and security 

The EU has common rules for border control, visas, external migration and asylum. Schengen 
cooperation entails the lifting of border controls inside the EU. There is also cooperation in the 
fight against organised crime and terrorism, and judicial, police and customs cooperation.   

Turkey is moderately prepared in the area of justice, freedom and security. There was good 
progress  in  the  past  year,  in  a  difficult  environment.  Turkey  continued  making  considerable 

77 

 
 
 
efforts to provide massive and unprecedented humanitarian aid and support to a continuously 
increasing influx of about 3 million refugees from Syria, Iraq and other countries, including by 
broadening  the  legislation  on  temporary  protection  and  enabling  access  to  the  labour  market. 
Turkey  adopted  reforms  aimed  at  meeting  all  the  requirements  of  the  visa  liberalisation 
roadmap. This led the Commission to propose putting Turkey on  the list of countries with no 
visa requirements on the understanding that Turkey meets the seven remaining benchmarks of 
the visa liberalisation roadmap.  

In their joint statement in March, the EU and Turkey reconfirmed their shared commitment to 
end irregular migration from Turkey to the EU, to break the business model of smugglers and 
offer  migrants  an  alternative  to  putting  their  lives  at  risk.  Implementation  of  the  March 
statement delivered many of its expected results but success remains fragile so far. 

For the coming year, Turkey should in particular: 

→ continue implementing the EU-Turkey Statement of 18 March; 

→ implement the EU-Turkey readmission agreement in all its provisions; 

 → align the legislation on personal data protection with European standards and accordingly 
negotiate an operational cooperation agreement with Europol; 

→ revise its legislation and practices on terrorism in line with the ECHR, the ECtHR case-law 
and  the  EU  acquis  and  practices,  without  reducing  the  capacity  of  Turkey  to  fight  terrorism.  
The proportionality principle must be observed in practice (See also specific recommendations 
on the fight against organised crime in section 2.3) 

Legal and irregular migration 

Institutional set-up and legal alignment 

Following the  entry  into force in  2013 of  the Law on  foreigners and international protection, 
the General Directorate for Migration Management (DGMM) continued to increase its capacity 
and consolidate further its presence in the provinces of Turkey. Currently, the DGMM has 365 
staff  centrally  and  2 540  in  the  provinces.  In  addition,  100  people  will  be  posted  overseas. 
Recruitment and training processes continued throughout the reporting period. In March 2016, 
the by-law implementing the Law on foreigners and international protection entered into force. 
The  DGMM  continued  to  expand  its  capacity  to  accommodate  irregular  migrants.  Currently  
Turkey has 18 removal centres with a total capacity of 6 670 while the DGMM is planning to  
construct  12    more  removal  centres    which  would  increase  the  existing  capacity    by  4  820. 
Another six removal centres are to be constructed with EU funding. DGMM has initiated work 
on  a  national  monitoring  system  to  ensure  regular  oversight  of  conditions  and  access  to 
protection  measures  for  migrants  in  the  removal  centres.  Turkey  needs  to  establish  sufficient 
capacity  including  staff  and  procedures  to  identify  and  treat  vulnerable  asylum  seekers 
including those with special needs. 

The Strategy Document and the National Action Plan on irregular migration approved in March 
2015  was  launched  in  November  2015.  A  bilateral  readmission  agreement  with  Pakistan 
entered  into  force  in  April  2016.  Bilateral  readmission  agreements  were  signed  with  Nigeria, 
Bosnia-Herzegovina, Yemen, Montenegro, Kosovo and Norway but entry into force is pending. 
Negotiations for a readmission agreement are ongoing with Switzerland and Afghanistan. 

Implementation and enforcement capacity 

Turkey continued to be a major first reception and transit country for irregular migrants from 
Asia and Africa heading to Europe. Over the reporting period, a large number of refugees and 
irregular  migrants  mostly  (but  not  only)  fleeing  the  conflict  in  Syria  have  been  transiting 
through  Turkey  on  their  way  towards  the  European  Union.  Illegal  border  crossings  reached 
unprecedented numbers in 2015. In 2013 and 2014, the numbers of people who arrived in the 

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EU directly from Turkey were 25 121 and 52 994 respectively. In 2015 this number increased 
to 888 457, an almost 16-fold increase. Around 98 % of irregular entries occurred via the Greek 
islands  from  the  nearby Turkish  Aegean  coast, often  facilitated  by  smugglers.  The remaining 
2 %  were  people  crossing  Turkey’s  land  border  with  Greece  and  Bulgaria.  According  to  the 
Turkish  authorities,  more  than  146 485  people  were  intercepted  in  2015  while  crossing  the 
border illegally, an increase of 150 % from 2014. At least 806 irregular migrants died or went 
missing  between  Greece  and  Turkey  in  2015,  according  to  the  International  Organization  for 
Migration.  This  number  was  413  in  2016  until  the  end  of  September.  Human  losses  at  sea 
decreased sharply from 366 in the three months before the activation of the Statement (January 
to March) to 47 in the six months following its activation (April to September). Most of those 
who  crossed  the  borders  illegally  continued  their  journey  within  the  EU,  eventually  applying 
for asylum in an EU Member State. 

Irregular arrivals from Turkey to Greece fell sharply after the activation of the Statement. After 
an  extraordinary  increase  in  2015  –  according  to  Frontex  figures,  the  number  of  irregular 
crossings from Turkey to the EU rose from 52 994 in 2014 to 888 457 in 2015 – the trend was 
reversed after the activation of the EU-Turkey Statement in March 2016. Of 164 389 irregular 
crossings in 2016 until the end of September, 141 753 took place in the period preceding the 
activation  of  the  Statement  (January  to  March),  and  only  22  636  occurred  following  the 
activation of the Statement (April to September).  The daily average of irregular crossings fell 
from  1  794  in  the  period  from  January  to  the  activation  of  the  Statement  to  116  from  its 
activation  to  the  end  of  September.  The  decrease  was  partly  due  to  the  intensified  work  by 
Turkey’s  law  enforcement  agencies  to  prevent  irregular  departures  from  coastal  areas  and 
measures  restricting  the free movement of people seeking international protection and people 
under temporary protection to the provinces to which they had been assigned, in combination 
with the implementation of a return scheme from the Greek islands that contributed to break the 
business model of smugglers.  

Turkey  continued  to  develop  its  administrative  capacity  to  implement  the  EU-Turkey 
readmission  agreement,  which  entered  into  force  in  October  2014  for  Turkish  nationals. 
Implementation of the agreement for Turkish nationals remained nevertheless unsatisfactory as 
the provisions of the agreement were not observed in a systematic and coherent manner by all 
Turkish  diplomatic  missions  in  the  EU.  Turkey  ratified  the  advanced  entry  into  force  of  the 
third-country  provisions  of  the  EU-Turkey  readmission  agreement  as  of  1 June  2016.  
However,  Turkey  stated  that  it  will  not  implement  the  third-country  provisions  of  the 
agreement until the EU confirms that the remaining visa liberalisation benchmarks have been 
fulfilled.  The  Turkish  Council  of  Ministers  decision  allowing  for  the  application  of  the  EU-
Turkey provisions for third-country nationals is still pending and more than 1 000 readmission 
applications from Bulgaria, Greece, France and Germany remain unanswered so far.  Full and 
effective  implementation  of  the  readmission  agreement  towards  all  Member  States  is  crucial 
and one of the benchmarks in the visa liberalisation roadmap.  

The  implementation  of  Turkey’s  existing  bilateral  readmission  obligations  towards  Greece 
improved as the acceptance rate of readmission requests sent by Greece in the framework of its 
bilateral agreement with Turkey increased substantially during the first half of 2016. However, 
as of June 2016, Turkey stopped responding to readmission applications for irregular migrants 
on  the  Greek  mainland.  Turkey  then  responded  positively  in  October  to  32  readmission 
requests submitted by the Greek authorities in the framework of their bilateral agreement, but 
96 cases submitted since 1 June remain unanswered. 

Since  the  activation  of  the  EU-Turkey  Statement  of  18  March,  return  operations  from  Greek 
islands  to  Turkey  are  carried  out  on  the  basis  of  commonly  agreed  readmission  lists.  Turkey 
considers  these  returns  to  occur  strictly  under  the  political  commitments  of  the  EU-Turkey 
Statement and not under its obligations deriving either from the EU or its bilateral readmission 
agreement with Greece. Cooperation has been smooth, facilitated by liaison officers deployed 
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by  each  party  to  their  counterpart  authority.  Following  the  coup  attempt  of  July,  Turkey 
withdrew its liaison officers from the islands. New liaison officers were appointed in October 
2016.  

Turkey  does  not  readmit  third-country  nationals  from  Bulgaria  as,  on  the  one  hand,  in  2012 
Turkey unilaterally stopped implementing its bilateral border agreement of 1967 with Bulgaria, 
and  on  the  other  it  is  not  implementing  yet  the  third-country  provisions  of  the  EU-Turkey 
readmission  agreement,  pending  a  decision  of  the  Turkish  Council  of  Ministers.  Since  June, 
Bulgaria  submitted  more  than  800  readmission  applications  for  third-country  nationals. 
However,  Turkey  has  not  processed  these  applications  under  either  the  bilateral  or  the  EU 
agreement. Pending the full implementation of the EU-Turkey readmission agreement, Turkey 
and  Bulgaria  agreed  in  September  on  a  practical  way  to  deal  with  third-country  nationals 
requests  for  return  to  Turkey  on  the  basis  of  commonly  agreed  lists;  according  to  this 
arrangement the deadline for reply is 14 days. Procedures are still ongoing. 

Turkey has at the same time become a major destination country for regular migration. At the 
end of 2015, 422 895 non-Turkish nationals held a temporary residence permit in Turkey, up 
from  379 804  in  2014.  The  Law  on  International  Labour  Force  adopted  by  the  Turkish 
Parliament in July 2016 introduced simplified procedures for work permits. A new work permit 
system called 'Turquoise Card' has been introduced aiming to attract qualified labour force into 
Turkey. 

Asylum 

Institutional set-up and legal alignment 

Under  the  Law  on  foreigners  and  international  protection,  the  DGMM  is  responsible  for  all 
refugee status determination procedures (including registration and documentation) and related 
decisions.  While  Turkey  retains  the  geographical  limitation  to  the  1951  Geneva  Convention, 
the DGMM performs its tasks for all asylum applicants, regardless of their country of origin. 
The  DGMM  is  bound  to  carry  out  international  protection  status  determination  and 
administrative procedures within specific timeframes. Its provincial branches started to register 
asylum seekers and to process their applications. Local branches of the Turkish national police 
continued to assist the DGMM with the registration. There are currently 62 'satellite' cities in 
Turkey  where  asylum  seekers,  conditional  refugees  as  defined  by  the  Turkish  legislation  and 
Syrians under temporary protection are assigned to reside. 

In January 2016, Turkey adopted a regulation giving Syrians under temporary protection access 
to  the  labour  market,  although  under  some  conditions  and  limitations.  In  particular,  the  law 
gives  Syrian  refugees  unrestricted  access  to  seasonal  work  and  jobs  in  rural  areas.  The 
Regulation on temporary protection was amended in April 2016 to ensure that Syrians returned 
from  Greece  to  Turkey  who  were  not  previously  registered  as  beneficiaries  of  temporary 
protection or had lost their status due to their irregular departure from Turkey could be granted 
temporary  protection  status  upon  their  return  from  Greece.  In  April  2016,  Turkey  issued  a 
regulation  expanding  access  to  the  labour  market  to  all  applicants  and  beneficiaries  of 
international  protection  in  Turkey.  This  was  confirmed  in  the  Law  on  International  Labour 
Force  adopted  by  the  Parliament  in  July  2016.  Accordingly,  all  applicants  for  international 
protection  including  applicants  for  conditional  refugee  status  and  persons  under  temporary 
protection  as  well  as  victims  of  human  trafficking  can  apply  for  a  work  permit.  International 
protection  applicants  can  enrol  in  the  general  health  insurance  scheme,  register  at  public 
schools and apply for social assistance. 

Implementation and enforcement capacity 

Turkey is hosting about 3 million refugees, the highest number in the world. Turkey is making 
commendable efforts to provide massive humanitarian aid and support to an unprecedented and 
continuously  increasing  influx  of  people  seeking  refuge  from  Syria  and  the  neighbouring 

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countries. Among the 60 different nationalities which have sought asylum in Turkey over the 
years, Syrian refugees are by far the most numerous, followed by Iraqis, Afghans, Iranians and 
Somalis. Around 2.7 million Syrians have been registered and granted temporary protection in 
line  with  the  regulation  on  temporary  protection.  Around  270 000  of  them  live  in  26  camps 
managed by the Disaster and Emergency Management Agency in ten Turkish provinces, while 
more than 2.4 million live in host communities across the country.  Only a limited number of 
civil  society  organisations  have  access  to  provide  services  in  the  camps.  As  regards  non-
Syrians,  the  latest  available  figures  from  UNHCR  concerning  the  registered  active  caseload 
(which includes registered refugees and asylum seekers) indicate that at the end of September 
2016, Turkey ‘hosted’ 113 758 Afghans, 28 534 Iranians, 125 879 Iraqis, 3 905 Somalis and 8 
290 classified as ‘others’. Out of these, UNHCR specifies that the persons having received the 
status  of  conditional  refugees  in  accordance  with  the  Turkish  Law  on  Foreigners  and 
International  Protection  were  as  follows:  3 472 Afghans,  5 994  Iranians,  25 295  Iraqis, 
2 339 Somalis  and  2 201  classified  as  ‘others’.  In  April,  Turkey  committed  to  reduce  the 
backlog of existing asylum applications by about 12 000 per month on average and to process 
them all by the end of 2016. As of 21 September, Turkey had issued 66 746 positive decisions, 
12 418 negative ones while 106 685 cases remained under review. Turkish legislation foresees 
that  all  new  asylum  applications  should  be  processed  within  six  months  from  the  date  of 
registration. 

Non-Syrian migrants are subject to a dual asylum system. Newcomers must apply for asylum at 
a DGMM Provincial Directorate of Migration Management (PDMM). They are also registered 
by  the  Association  for  Solidarity  with  Asylum  Seekers  and  Migrants  on  behalf  of  UNHCR. 
Subsequently, the migrants are referred to a 'satellite'  city and registered at the local PDMM. 
Once  registered,  they  receive  the  status  of  ‘international  protection  applicant’  (term  used  by 
Turkish  law  to  refer  to  asylum  seekers).  PDMMs  issue  an  ID  card  for  each  applicant,  which 
legalises  the  person’s  stay  in  Turkey.  The  ID  number  printed  on  the  card  grants  access  to  a 
number  of  rights  such  as  access  to  a  health  insurance  scheme,  public  schools  and  social 
assistance. In October, about 630 000 Syrian children aged between six and 17 years remained 
out of the national education system despite efforts to counter this phenomenon.  

Visa policy 

Turkey  needs  to  further  harmonise  its  visa  policy  with  the  EU  common  visa  policy.  Further 
efforts  are  needed  to  align  its  legislation  with  the  Visa  Regulation,  Visa  Code  and  other 
relevant  EU  legislation.  This  would  include  aligning  Turkish  visa  requirements  with  the  EU 
lists of visa-free and visa-required countries, phasing out of the issuing of visas at the borders 
and of e-visas and ensuring that the issuing of visas at consulates is carried out in line with the 
conditions and procedures set out in the Visa Code. The practice of issuing visas at borders was 
not yet fully discontinued. As of January 2016, Syrians travelling to a Turkish airport or seaport 
coming from a third country are required to have a visa. This does not apply to Syrians entering 
via  land  borders.  In  September  2015,  Turkey  re-introduced  visa  requirements  for  Libyan 
citizens. In February 2016, the possibility for Iraqi citizens to obtain a visa at the borders was 
abolished. Turkey continues to apply a discriminatory visa regime towards  11 Member States 
including  the  Republic  of  Cyprus  for  which  the  e-visa  system  refers  to  the  country  option 
Greek  Cypriot  Administration  of  Southern  Cyprus.  In  May,  Turkey  adopted  a  decree  stating 
that the citizens of all Member States will be able to enter Turkey as of the date of the lifting of 
the visa requirement for Turkish citizens, thus ensuring the end of the discriminatory regime. 
The  Polnet  integrated  police  database  and  the  Konsolosluknet  Ministry  of  Foreign  Affairs 
database have been connected with the DGMM’s Göçnet database.  

The EU-Turkey visa liberalisation dialogue continued. The Commission issued its second and 
third visa implementation reports in March and May 2016. Turkey made commendable efforts 
to fulfil the benchmarks of the visa liberalisation roadmap. However, to date Turkey has not yet 
fulfilled seven out of 72 benchmarks, some of which are of particular importance.  

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Schengen and external borders 

Institutional set-up and legal alignment 

Some  progress  was  achieved  in  the  area  of  external  borders  and  Schengen.  The  adoption  in 
March 2016 of the Regulation on inter-institutional cooperation and coordination in the field of 
border  management  was  a  step  forward  and  applies  both  to  border  checks  conducted  at 
designated  border-crossing  points  and  to  border  surveillance  at  land  and  sea  borders.  The 
Border  Management  Implementation  Board  started  functioning  and  adopted  ethical  rules  for 
border management authorities. The regulation also established the National Coordination and 
Joint Risk Analysis Centre (NACORAC) with the aim to collect, to exchange and process data 
on  border  security  and  to  carry  out  joint  risk  analysis;  NACORAC  became  operational  at 
central level. A similar set-up is needed at local level in the border provinces. 

The  agreement  on  a  trilateral  Common  Contact  Centre  for  Police  and  Customs  Cooperation 
between  Turkey,  Greece  and  Bulgaria  was  ratified  by  Turkey  on  10 March  2016;  it  was  also 
ratified by Greece in April 2016 and Bulgaria in February 2016. It should enter into force as 
soon as possible.  

Implementation and enforcement capacity 

As  required  by  the  new  border  management  regulation,  some  80  local  sub-governors  and 
deputy  governors  designated  to  work  on  the  coordination  of  border-crossing  points  started 
receiving in-service training on integrated border management. The monitoring functions of the 
Border  Management  Implementation  Board  should  be  activated  to  identify  needs  for 
improvement at borders. Intense inter-agency cooperation based on risk analyses is necessary 
to improve effectiveness against cross-border crimes and smuggling networks. 

The legislation on establishing a single organisation in charge of border security has been kept 
on hold, mainly due to the instability in bordering regions. 

The Ministry of Customs and Trade completed work on obtaining pre-arrival information and 
conducting  risk  analysis.  It  also  started  the  test  phase  by  integrating  172  airline  companies 
(from  among  the  307  which  conduct  airline  transportation  to  Turkey)  and  by  receiving 
passenger  information  from  214  airlines  abroad.  Data  on  more  than  85 %  of  all  international 
incoming and outgoing passengers is shared with the DGMM. Nearly 300 officers were trained 
to  use  this  system.  The  customs  administration  conducts  the  risk  analysis  just  for  anti-
smuggling purposes. API/PNR (Advance Passenger Information/Passenger Name Record) data 
should also be shared and analysed by the Turkish national police to efficiently identify risky 
passengers  and  take  measures  accordingly.  A  ministerial  directive  defining  airlines’ 
responsibilities was issued in November. 

Both  fixed  and  mobile  border  surveillance  capacity  was  increased  in  the  reporting  period  at 
green  (land)  and  blue  (sea)  borders,  with  new  technology  supplied  and  infrastructure 
modernised.  Demining  of  the  eastern  borders  started  in  spring  2016.  The  capacity  of  the 
Turkish national police to identify forged and falsified documents both at first and second line 
checks needs to be further strengthened. The police needs to increase its checks in the transit 
zone  to  detect  attempts  at  irregular  border  crossings.  The  authorities  in  charge  of  border 
management,  in  particular  the  Land  Forces  Command  and  Turkish  national  police,  need  to 
deploy  professional  staff  specialised  in  their  respective  domains  in  line  with  the  new  law  on 
border management. 

On cooperation with neighbouring countries, Turkey advanced border cooperation with Greece 
and Bulgaria with the ratification of a tripartite agreement on customs and police cooperation 
which  is  expected  to  enter  into  force  shortly.  The  Coastguard’s  ‘Operation  Safe-Med’  at  the 
eastern  Mediterranean  coasts  and  ‘Operation  Aegean  Hope’  continued  during  the  reporting 
period. Under the action plan for cooperation with Frontex, training is being delivered on data 

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collection  and  joint  risk  analyses.  Cooperation  intensified  after  the  deployment  of  a  Frontex 
liaison officer in Turkey in April. 

Judicial cooperation in civil and criminal matters 

The Law on international judicial cooperation in criminal matters was adopted in April 2016 
and  entered  into  force  in  May  2016.  The  Law  covers  mutual  legal  assistance,  extradition, 
transfer of proceedings, execution of sentences and transfer of sentenced persons, consolidating 
international  laws  and  regulations.  It  also  sets  out  the  duties  and  powers  of  both  the  national 
judicial authorities and the Ministry of Justice as the central authority for execution. Between 
February  and  April,  the  Parliament  ratified:  the  second  additional  protocol  to  the  European 
Convention on Mutual Assistance in Criminal Matters in April; three additional protocols to the 
European Convention on Extradition; and the Additional Protocol to the European Convention 
on Transfer of Sentenced Persons.  

In  2015,  EU  Member  States  accepted  56  extradition  requests  from  Turkey  while  Turkey 
accepted five requests from EU Member States. EU Member States accepted nine transfers of 
convicts  to  Turkey  and  Turkey  accepted  six  transfers  to  an  EU  Member  State.  Turkey 
participated in regular meetings of Eurojust and shared information and documents. However, 
the personal data protection law is not yet in line with European standards, which prevented the 
start of negotiations for a cooperation agreement with Eurojust. 

On  judicial  cooperation  in  civil  matters,  Turkey  is  now  party  to  most  international 
conventions  in  this  area  and  ratified  in  October  the  1996  Hague  Convention  on  Jurisdiction, 
Applicable  Law,  Recognition,  Enforcement  and  Co-operation  in  Respect  of  Parental 
Responsibility and Measures for the Protection of Children and the 2007 Hague Convention on 
the  International  Recovery  on  Child  Support  and  Other  Forms  of  Family  Maintenance;  both 
will enter into force in February 2017. Turkey has not yet ratified the European Convention on 
the Compensation of Victims. 

Fight against organised crime 

Institutional set-up and legal alignment 

The regulation on prevention, identification, fight, coordination and cooperation against human 
trafficking  entered  into  force  in  March  2016.  It  established  an  Anti-trafficking  Commission 
with  a  mandate  to:  prevent  human  trafficking;  design  policies  and  strategies  concerning  the 
fight  against  this  crime;  prepare  action  plans; ensure  coordination  between  public institutions 
and  organisations,  international  organisations  and  civil  society  organisations.  However,  much 
remains to be done for full alignment with the acquis. In addition, the newly established Anti-
Trafficking Commission has not defined yet its priority areas. 

Turkey needs to improve its legislation on cybercrime and witness protection. Turkey is party 
to  the  main  international  conventions  in  the  field.  Data  protection  legislation  was  adopted  in 
March but the legislation is not yet in line with European standards, as there are concerns over 
the effective independence of the Personal Data Protection Agency and because it contains an 
extensive list of exceptions on particular issues for processing personal data by judicial and law 
enforcement  authorities.  As  a  result,  Turkey  cannot  conclude  an  operational  agreement  with 
Europol.  A  Turkish  liaison  officer  has  been  stationed  with  Europol  between  May  and 
September 2016 when he was recalled following the coup attempt of 15 July. A new Liaison 
Officer has been selected and will start in November 2016 (See also under political criteria).  

The scope of the witness protection law continued to limit the application of witness protection 
measures in some types of serious crimes. The respective roles of judicial and law enforcement 
actors need to be set out more clearly to improve cooperation. Witness protection measures can 
only  be  implemented  after  the  witness  testimony  in  the  main  hearing  takes  place.  Legal 
amendments need to be made to the law to address these shortcomings. 

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A  new  2016-2021  strategy  for  combating  organised  crime  and  2016-2018  action  plan  were 
adopted  in  March  2016.  The  Ministry  of  the  Interior  will  coordinate  implementation  of  the 
strategy and action plan.  

Implementation and enforcement capacity 

Turkey has signed cooperation agreements for the fight against terrorism and crime with most 
Member States with a view to share information and conduct joint operations.   

The  substantial  number  of  suspicious  transaction  reports  (STRs)  submitted  to  the  Financial 
Crimes Investigation Board in 2014 doubled in 2015. The number of requests from prosecutors 
increased  from 145 in  2014 to  239 in  2015. Despite the increase  in  the number of  STRs and 
requests  from  prosecutors,  the  number  of  convictions  dropped  from  172  in  2014  to  65 
convictions  for  money  laundering  as  a  stand-alone  crime  in  2015.  In  2015,  Turkish  law 
enforcement  authorities  detained  108 003  suspects  in  connection  with  73 017  drug-related 
crimes and courts pronounced 95 505 convictions. 

The new 2016-2021 strategy plan for combating organised crime and a 2016-2018 action plan 
entered into force in March 2016. The Ministry of the Interior will coordinate implementation 
of the strategy and the action plan. 

According to DGMM, 122 victims of human trafficking were detected in 2016 compared with 
108 in 2015. The number of victims staying in special shelters went up from nine in 2013 to 
107 in September 2016. The 157 helpline for victims of trafficking operates on a 24/7 basis and 
is available in different languages, including for international calls.  

The National Cyber Security Council adopted a 2016-2019 strategy and action plan in February 
2016.  The  Cyber  Security  Council  is  composed  of  undersecretaries  from  different  ministries 
and  other  relevant  institutions.  In  addition,  a  more  specific  strategy  and  action  plan  are 
currently being prepared by the Turkish national police and the Ministry of Development. 185 
people were enrolled in the witness protection scheme, a stable number since 2015. 

Fighting organised crime and corruption remains fundamental to countering the illicit influence 
of criminal groups on the political, legal and economic systems. 

Fight against terrorism 

Institutional set-up and legal alignment 

Turkey improved its rules on countering the financing of terrorism in line with Financial Action 
Task Force (FATF) recommendations. However, further alignment of the legal framework and 
enforcement of the rules are needed to comply with the revised FATF standards. The Council 
of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from 
Crime  and  on  the  Financing  of  Terrorism  was  ratified  in  February  and  transposed  in  the 
existing  legislation  on  money  laundering  and  financing  of  terrorism  in  April,  which  should 
facilitate  cooperation  at  international  level.  The  legal  framework  on  money  laundering, 
financing of terrorism, freezing and confiscation of criminal proceedings is largely in line with 
the standards set by the Convention. Nevertheless, Turkey still needs to make significant steps 
forward,  so  that  its  framework  is  upgraded  and  implemented  up  to  EU  standards  and  fully 
comply  with  the  recommendations  issued  by  FATF.  Turkey’s  legislation  on  terrorism  and 
corresponding implementation should be aligned with the ECHR, the ECtHR case-law and the 
EU  acquis  and  practices,  without  reducing  the  capacity  of  Turkey  to  fight  terrorism.  The 
proportionality principle must be observed in practice. 

Implementation and enforcement capacity 

Turkey’s  counter-terrorism  dialogue  with  the  EU  continued  actively,  with  specific  attention 
paid  to  foreign  terrorist  fighters.  Turkey  developed  cooperation  with  Member  States  on 
detecting  foreign  fighters  wanting  to  cross  Turkey  to  reach  Syria  or  Iraq.  There  was  a 

84 

 
 
substantial  increase  of  suspicious  transaction  reports  on  terrorist  financing  in  2015  compared 
with 2014, a trend which continued in 2016. However, police and judicial cooperation with EU 
Member  States  and  EU  agencies  in  combating  terrorism  is  limited  due  to  the  absence  of  a 
personal data protection law in line with European standards and differences over the definition 
of, and penalties for, terrorism.  

Cooperation in the field of drugs 

Turkey  lies  on  the  main  transit  route  for  drugs  between  Asia  and  Europe.  Turkish  law- 
enforcement  bodies  conducted  successful  operations  during  the  reporting  period,  which 
resulted  in  the  seizure  of  53 682 kg  of  cannabis,  556 kg  of  cocaine,  8 294 kg  of  heroin, 
5 673 901  ecstasy  tablets  and  15 083 735  captagon  tablets. Seven  operations  were  carried  out 
with  five  countries  (United  States,  Germany,  the  Netherlands,  the  United  Arab  Emirates  and 
Italy). A total of 383 new psychoactive substances were included in the scope of the Law on 
supervision  of  drugs  as  a  result  of  the  activities  of  the  early  warning  system  working  group. 
The Turkish national police substantially increased the number of sniffer dogs to 324 from 159 
in 2015. 

Narco-teams established in December 2014 to support the fight against drugs in high-risk areas 
such as schools have been set up in 29 provinces (they were 11 in 2015). Turkey aims to have 
such  teams  in  place  in  all  provinces  by  the  end  of  2016.  The  country  reports  annually  to  the 
European Monitoring Centre for Drugs and Drug Addiction. There were 56 treatment centres in 
2015.  However,  rehabilitation  and  treatment  capacity  needs  to  be  further  increased.  A 
nationwide survey of the population and schools needs to be carried out and capacity for data 
collection and analysis needs to be strengthened. 

Turkey adopted a new policy framework on drugs. The 2016-2018 national drugs strategy and 
action  plan  entered  into  force  in  April  2016.  Implementation  is  being  coordinated  by  the 
Ministry of Health. 

For more information on customs cooperation, see also chapter 29 — Customs Union. 

Counterfeiting of the euro, see chapter 32- Financial control. 

4.25.  Chapter 25: Science and research 

The  EU  provides  significant  support  for  research  and  innovation.  All  Member  States  can 
benefit from the EU’s research programmes, especially where there is scientific excellence and 
solid investment in research. 

Turkey’s preparations in the area of science and research are  well advanced. Some progress 
was  made  in  the  past  year  on  its  integration  into  the  European  Research  Area  (ERA).  In  the 
coming year, Turkey should in particular: 

→ prepare a National ERA Roadmap and a National Research Infrastructure Roadmap; 

→  strengthen  the  role  of  universities  in  the  organisation  of  research  and  innovation,  in 
particular by stepping up cooperation with industry and SMEs. 

Turkey  participates  in  the  EU  research  and  innovation  programme  Horizon  2020,  as  an 
associated  country.  It  has  appointed  an  effective  network  of  contact  points  and  has 
representatives  in  all  Horizon  2020  programme  committees.  Based  on  recent  statistics, 
Turkey’s participation in Horizon 2020 has achieved good results but there is room for further 
improvement,  notably  to  increase  participation  in  work  on  societal  challenges,  and  to  be 
successful in the first pillar of Horizon 2020, scientific excellence. 

Some  progress  has  been  made  on  strengthening  research  and  innovation  capacity  at  national 
level  and  further  integration  into  the  European  Research  Area.  Turkey  has  taken  action  to 
encourage technology transfer (ERA action 4) but, overall, this policy action is not sufficiently 
in line with ERA principles.  

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The level of investment in research has increased and stands at 1.01 % of GDP, which is below 
the EU average. 

Turkey has taken several measures to encourage innovation and cooperation between academia 
and industry. According to the Innovation Union Scoreboard for 2016, Turkey is  a ‘moderate 
innovator’,  below the EU average in almost all indicators. 

4.26.  Chapter 26: Education and culture 

The  EU  supports  cooperation  in  education  and  culture  through  funding  programmes  and 
through the open method of coordination. Member States must also prevent discrimination and 
facilitate the education of children of EU migrant workers. 

Turkey  is  moderately  prepared  on  education  and  culture.  There  was  some  progress  in  this 
chapter. Turkey notified its decision to withdraw from the Creative Europe programme. In the 
coming year, Turkey should in particular: 

→ further increase participation in education at all levels, especially for girls and children from 
disadvantaged groups, and draw up effective strategies to reduce school drop-out rates; 

→ improve the education and training of teachers; 

→ ratify the UNESCO Convention, the main legal reference in the area of culture. 

In the area of education, the measures taken by the government following the coup attempt of 
15  July  resulted  in  considerable  staff  dismissals  and  changes  in  many  education  institutions, 
which  will  have  long-term  impacts.  Some  schools,  youth  organisations  and  higher  education 
institutions were officially closed. Turkey is at an advanced stage of implementing the Bologna 
process,  although  significant  quality  differences  persist  among  Turkey’s  higher  education 
institutions.  An  independent  and  fully  functioning  Quality  Assurance  and  Accreditation 
Agency remains to be established in conformity with European standards and guidelines. The 
Turkish Qualifications Framework was adopted in January 2016. Introducing modular curricula 
and a credited module system, instead of the current class passing system, remains an important 
issue for vocational education and training.  

There  has  been  some  progress  in  the  enrolment  rate  of  children,  particularly  on  pre-school 
education, which however still remains well below the EU average. In the 2015/2016 academic 
year, the schooling rate of children was 95 % for primary education, 94 % for lower secondary 
education  and  80  %  for  upper  secondary  education.  Enrolment  of  girls  increased  to  80 %. 
Turkey needs to develop a system to closely monitor and reduce early school leaving. Progress 
is  still  needed  to  make  education  more  inclusive,  especially  for  Roma  children  and  children 
with disabilities. Education remains a high risk sector for political influence, especially higher 
education.  

Turkey continues to successfully participate in the Erasmus+ programme 

In the area of culture, Turkey decided to withdraw from the Creative Europe programme as of 
1 January 2017. Turkey has not yet ratified the 2005 UNESCO Convention on the Protection 
and Promotion of the Diversity of Cultural Expressions, which is the EU’s main legal reference 
in the area of culture and remains a longstanding requirement in this area. 

4.27.  Chapter 27: Environment and climate change 

The  EU  promotes  strong  climate  action,  sustainable  development  and  protection  of  the 
environment.  EU  law  contains  provisions  addressing  climate  change,  water  and  air  quality, 
waste  management,  nature  protection,  industrial  pollution,  chemicals,  noise  and  civil 
protection. 

Turkey  is  at  some  level  of  preparation  in  this  chapter.  In  the  past  year,  there  was  some 
progress,  mainly  in  increasing  capacity  in  waste  management  and  waste-water  treatment, 

86 

 
 
 
 
whereas enforcement and implementation still remains weak, especially on waste management 
and  industrial  pollution.  Efforts  are  being  done  in  river  basin  management  plans.  More 
ambitious and better coordinated environment and climate policies still need to be established 
and  implemented.  Strategic  planning,  substantial  investment  and  stronger  administrative 
capacity are required as well. In the coming year, Turkey should in particular: 

→ complete alignment with the directives on waste management, industrial pollution and water 
and ensure correct implementation of the environmental impact assessment legislation; 

→  ensure  alignment  with  the  acquis  on  public  participation  and  the  public’s  right  to 
environmental information, as well as on transparency on climate action; 

→ ratify the Paris Agreement on climate change, and start implementing its contribution to it. 

Environment 

Turkey has some level of preparation in the area of horizontal legislation. Implementation of 
the Directive on Infrastructure for Spatial Information in the European Community is still at an 
early  stage. Civil society remains critical of the implementation  of the Environmental  Impact 
Assessment  Directive.  There  are  complaints  with  respect  to  application  of  the  rule  of  law  in 
terms of court decisions given on environmental issues and with respect to public participation 
and  the  right  to  environmental  information.  Legislation  is  not  yet  aligned  with  the  Aarhus 
Convention.  Procedures  for  transboundary  consultations  have  not  yet  been  aligned  with  the 
acquis. Alignment with the Strategic Environmental Assessments Directive is still pending. In 
September  2016  a  law  allowed  for  the  waiving  of  licencing  and  other  restrictions  for 
strategically  important  investment  projects.  This  may  have  a  significant  negative  impact  on 
acquis implementation. There was no progress in this area during the reporting period. 

On air quality, national legislation still needs to be adopted in line with the current directives 
on ambient air quality, national emissions ceilings and volatile organic compounds. Severe air 
pollution in some cities has been reported in the last year. Local clean air action plans to fight 
air pollution have to be prepared. A national strategy for air quality monitoring is in place and 
out  of  eight  planned  regional  networks,  one  is  already  in  place;  the  implementation  of  the 
remaining seven networks is under way. 

Regarding waste management, the legal framework is mostly aligned. Work has continued to 
bring  waste  treatment  facilities  up  to  acquis  standards.  Sorting,  recycling  and  medical  waste 
treatment capacity has increased. Further work is needed on the separate collection of different 
types  of  waste,  reducing  biodegradables  going  into  landfills  and  on  hazardous  waste.  The 
preparation  and  implementation  of  waste  management  plans  on  local  and  regional  level,  as 
required  by  the  Waste  Framework  Directive,  has  not  yet  started.  Economic  instruments  to 
promote recycling and the prevention of waste generation remain limited. 

In the area of water quality, the level of alignment is moderate. Sensitive areas were identified 
to  be  protected  from  urban  waste  water  discharges.  Alignment  to  the  water  framework 
Directive  is  still  not  complete.  The  preparation  of  five  river  basin  management  plans  is 
ongoing.  Water  monitoring  in  line  with  EU  directives  is  ongoing  for  four  out  of  27  basins. 
Transboundary  consultations  on  water  issues  with  neighbouring  countries  have  been  initiated 
by Turkey but are still at an early stage. Wastewater treatment capacity has increased as a result 
of  continuous  investments.  Regarding  the  directives  on  marine  strategy,  quality  control  and 
bathing  water  alignment  is  pending.  Partial  alignment  was  achieved  in  recent  changes  in 
secondary  legislation  on  water  quality  standards,  nitrates  pollution  and  flood  management 
plans; generally transboundary issues are note aligned. 

The  framework  legislation  on  nature  protection,  the  national  biodiversity  strategy  and  the 
action  plan  have  not  yet  been  adopted.  The  regulations  allowing  development  in  wetlands, 
forests and natural site areas are still not in line with the acquis. The draft nature protection law 

87 

 
 
needs  to  be  made  compliant  with  the  acquis.  Potential  Natura  2000  sites  have  not  yet  been 
identified. The institutional framework for designating and managing future Natura 2000 sites 
needs to be streamlined and adequately resourced. Investments, particularly in hydropower and 
mining,  need  to  be  made  in  compliance  with  nature  protection  obligations  are  respected, 
especially  for  national  protected  areas  and  areas  of  high  natural  value  that  could  potentially 
become protected Natura 2000 sites. 

In  the  area  of  industrial  pollution  and  risk  management,  alignment  with  most  of  the 
European  Union  directives  and  regulations  is  at  an  early  stage.  Alignment  with  Seveso  II 
Directive is high, but it is at a low level with the industrial emissions and Seveso III Directives. 
Alignment with the  eco-management and audit scheme, the ecolabel Regulations, the volatile 
organic compounds and the volatile organic compounds in paints Directives is pending.  

On  chemicals,  alignment  is  pending  on  the  registration,  evaluation,  authorisation  and 
restriction  of  chemicals,  on  import  and  export  of  dangerous  chemicals,  and  on  persistent 
organic pollutants. The regulation on classification, labelling and packaging of substances and 
mixtures is in place, but implementation is not complete. Biocides legislation is in place but its 
implementation postponed to 2020. The adoption of a regulatory framework has advanced the 
animal's experiments directive implementation. The Rotterdam Convention is not ratified. 

 Legislative alignment in the field of noise is well advanced. Preparation of noise mapping and 
local noise action plans has started. 

Turkey has joined the European Union Civil Protection Mechanism in April 2016. However, it 
has  not  yet  connected  to  the  EU  Civil  Protection  Mechanism’s  common  emergency 
communication and information system. 

Climate change 

Regarding  strategic  planning,  a  national  strategy  consistent  with  the  European  Union  2030 
framework  on  climate  and  energy  policies  has  not  yet  been  adopted.  The  existing  national 
climate  change  strategy  and  national  climate  change  action  plan  address  climate  change 
mitigation actions in some sectors but are inconsistent with other strategies, such as those for 
energy.  A  climate  change  adaptation  strategy  has  been  drafted,  but  it  lacks  a  legal  basis  and 
enforcement.  Mainstreaming  of  climate  change  into  different  sector  policies  is  still  weak. 
Turkey  needs  to  build  climate  action  know-how  into  different  government  agencies  so  as  to 
further  develop  and  implement  national  mitigation  policies  and  measures.  Regarding 
commitments under the UN Framework Convention on Climate Change, Turkey submitted its 
First and Second Biennial Update Report on greenhouse gases in March, and its Sixth National 
Communication and its National Inventory in April. Turkey needs to ratify the Paris Agreement 
on climate change and start implementing its contributions to it. In the area of transparency of 
climate action, alignment with the EU’s economy-wide greenhouse gas monitoring mechanism 
is  under  preparation.  Turkey  needs  to  align  with  the  Decision  on  accounting  rules  on 
greenhouse gas emissions and removals resulting from activities relating to land use, land-use 
change  and  forestry.  A  regulatory  framework  specific  to  the  monitoring  and  reporting  of 
emissions from industrial installations is already in place, but full alignment with the Emission 
Trading  Directive  is  planned  only  for  2019.  Regarding  emission  reductions  from  transport, 
further efforts should be made to fully implement the legislation already aligned with the Fuel 
Quality Directive, while the alignment with the EU Regulation on emissions standards for new 
cars should be initiated. Alignment regarding ozone depleting substances is not yet complete. 
Further  efforts  are  required  to  align  with  the  regulation  on  fluorinated  greenhouse  gases. 
Turkey  also  needs  to  establish  a  precise  transposition  plan  for  the  Directive  on  geological 
storage of CO2.  

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4.28.   Chapter 28: Health and consumer protection 

EU  rules  protect  consumers’  economic  interests,  their  rights  regarding  unfair  commercial 
practices,  and  consumer  products  safety.  The  EU  also  works  for  citizens’  health  through 
tobacco  control,  safer  blood,  tissues,  cells  and  organs,  medicinal  products,  cross-border 
healthcare and protection against health threats. 

 Turkey has achieved a good level of preparation in the area of health and consumer protection. 
There  has  been  some  progress  on  legislative  alignment  and  the  establishment  of  structures 
needed  to  implement  the  EU  acquis  in  both  areas.  In  the  coming  year,  Turkey  should  in 
particular: 

→ ensure better functioning of arbitration committees on consumer complaints; 

→ ensure the confidentiality and security of health data in the national information system;  

→  increase  the  institutional/administrative  capacity,  inter-sectoral  cooperation  and  adequate 
diagnostic facilities to address health threats particularly at provincial level. 

In the area of consumer protection, all secondary legislation necessary to implement the new 
consumer  protection  law  has  now  been  adopted.  Although  Turkey  continued  to  improve  its 
product  safety  and  market  surveillance  regime,  it  needs  to  ensure  effective  enforcement  of 
measures  regarding  unsafe  products.  Also,  Turkey  needs  to  fully  align  its  legislation  with 
Directive 2001/95/EC on general product safety. Consumers can hardly obtain access to justice, 
in  particular  for  complaints  on  defective  goods,  electricity  bills  and  financial  services.  The 
appeal deadline for the execution of debts arising from consumer transactions is too short and 
the right of withdrawal from package tours is not guaranteed. Sanctions against infringements 
of  consumer  rights  are  not  sufficiently  deterrent.  There  has  been  further  improvement  in  the 
online services of the Directorate General for Consumer Protection. The quality of arbitration 
committees’  decisions  needs  to  be  improved  by  the  legal  deadline.  Inconsistency  between 
different  arbitration  committees  and  consumer  courts’  decisions  remains  an  issue.  Awareness 
and participation of consumer organisations in decision-making mechanisms is to be improved. 

On  public  health,  the  increasing  number  of  refugees  is  putting  a  heavy  burden  on  the 
healthcare system. Regarding  serious cross-border health threats, no progress was made  in 
increasing  the  sensitivity  of  surveillance  in  detecting  threats.  Training  and  strengthening  the 
system  for  the  recognition,  reporting  and  control  of  communicable  diseases,  especially 
outbreaks  at  provincial  level,  remains  a  challenge.  The  confidentiality  and  security  of  health 
data in the national information system should be ensured. Non-communicable diseases cause 
86 % of all deaths in Turkey (1 in 5 of the population under 70); intensive awareness-raising 
efforts have continued on the dangers of tobacco use, physical inactivity, and unbalanced diets. 

Capacity building and awareness-raising has continued in the field of blood, tissues, cells and 
organs.  Turkey  has  partly  aligned  with  the  EU  acquis  on  blood.  However,  EU  safety  and 
quality standards  have not  been  fully  implemented and a bigger budget is  needed to  improve 
blood supply management and ensure the availability of safe blood to all. As regards  human 
tissues and cells, the professional and administrative procurement capacity has been improved 
and  deontological  standards  of  cadaveric  donation  have  been  developed  but  need 
implementation.  Organ  donation  rates  have  increased  and  may  reach  6  per  million  of  the 
population by the end of 2016, yet legislative alignment needs to be completed. There has been 
good  progress  in  the  fight  against  cancer  through  improved  infrastructure.  Cancer  screening 
coverage reached 35 % for breast and 80 % for cervical cancer. The cancer control programme 
has  been  integrated  into  primary  healthcare  and  active  cancer  registration  expanded  to  every 
province. The national cancer institute is still to be established. In the field of mental health, 
community-based mental health centres have been established across the country with training 
of new staff. 

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4.29.  Chapter 29: Customs union 

All  Member  States  are  part  of  the EU  customs  union  and follow  the  same  customs  rules  and 
procedures.  This  requires  legislative  alignment,  adequate  implementing  and  enforcement 
capacity, and access to the common computerised customs systems. 

Turkey has a good level of preparation in the area of the Customs Union, though no progress 
was  made  in  the  reporting  period.  Duty  relief,  free  zones,  surveillance  measures  and 
management  of  tariff  quotas  are  not  fully  in  line  with  the  acquis  and/or  with  Turkey’s 
obligations under the Customs Union. Additional duties and designation of specialised customs 
offices for goods in free circulation in the EU breach the Customs Union rules. In the coming 
year, Turkey should in particular: 

→ make additional efforts to improve risk-based controls and simplified procedures to facilitate 
legitimate trade, while ensuring security and safety; 

→ remove import and export restrictions preventing the effective free movement of goods. 

No  progress  was  made  in  the  area  of  customs  legislation.  Customs  law  has  yet  to  be 
harmonised with the EU Customs Code. Only limited efforts were made to improve risk-based 
controls and simplified procedures. In particular, the mandatory laboratory analysis required for 
a large group of products and the resulting delays in customs clearance are not in line with the 
objectives of conducting risk-based controls and facilitating trade. 

Turkey maintained rules on surveillance and management of tariff quotas, free zones and duty 
relief that are not fully in line with the acquis. Additional customs duties on imports of a wide 
range  of  goods  including  footwear,  carpets,  rugs,  various  hand  tools,  some  household 
appliances,  lamps  and  some  furniture,  bags  and  similar  containers,  as  well  as  certain  steel 
products,  are  also  not  harmonised  with  EU  customs  duties.  Even  though  the  measures  are 
limited to goods originating from third countries, they also apply to goods in free circulation in 
the EU and are thus contrary to the CU provisions. 

Turkey disproportionally increased the agricultural component for sweet corn, which should be 
determined in line with Customs Union rules. 

On  administrative  and  operational  capacity,  efforts  to  strengthen  Turkey’s  customs 
enforcement capacity continued particularly on anti-smuggling and security-related operations. 
In  the area of intellectual property rights (see  chapter 7) further alignment with the  acquis is 
needed. Unlike the new computerised transit system in the framework of Turkey’s membership 
of  the  Convention  on  a  common  transit  procedure,  tariff  IT  systems  (TARIC,  Quota  and 
Surveillance)  are  not  yet  in  place.  A  strategy  for  converging  IT  activities  with  business 
initiatives has yet to be developed. 

4.30.  Chapter 30: External relations 

The  EU  has  a  common  trade  and  commercial  policy  towards  third  countries,  based  on 
multilateral  and  bilateral  agreements  and  autonomous  measures.  There  are  also  EU  rules  in 
the field of humanitarian aid and development policy. 

Turkey  maintains  a  good  level  of  preparation  in  the  area  of  external  relations  thanks  in 
particular  to  the  Customs  Union.  There  was  some  progress  in  the  reporting  period.  Turkey 
ratified the World Trade Organisation (WTO) Trade Facilitation Agreement. However, Turkish 
customs  duties  for  a  large  number  of  products  deviate  from  the  Common  Customs  Tariff 
(CCT), infringing the Customs Union. In the coming year, Turkey should in particular: 

→  complete  its  alignment  with  the  EU’s  Generalised  System  of  Preferences  and  dual-use 
export control regime; 

→ align its customs tariff with the CCT. 

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Some progress was  made in  the area of the  common commercial  policy,  as  Turkey  notified 
the WTO of implementation of the Trade Facilitation Agreement. However, within the WTO, 
in  particular  on  the  Doha  Development  Agenda,  the  OECD  and  in  the  G-20,  the  level  of 
coordination between the EU and Turkey should be enhanced. Further alignment with EU GSP 
rules is needed regarding product and geographical coverage. 

Turkey  formally  adopted  new  safeguard  measures  but  investigations  on  imports  of  mobile 
phones,  ceramic  and  porcelain  tableware  and  kitchenware  were  terminated  without  imposing 
measures. Turkey has been a very active user of the WTO safeguard instrument, systematically 
extending  measures  in  force,  opening  new  investigations  based  on  weak  evidence  and  using 
safeguards  where  use  of  more  targeted  trade  defence  measures,  such  as  the  anti-dumping 
instrument, would be more appropriate. 

Thanks  to  the  Customs  Union,  Turkey’s  alignment  with  the  EU  common  commercial  policy 
continues to be high. However, Turkey does not respect the CCT, as it applies additional duties 
to  a  large  number  of  products  imported.  On  dual-use  goods  export  controls,  Turkey  has  not 
updated  its  control  legislation  in  line  with  the  EU  acquis  and  does  not  align  with  the  EU 
position  on  membership  of  certain  multilateral  export  control  arrangements,  such  as  the 
Wassenaar Agreement. Turkey has also not aligned with the EU position on medium and long-
term export credits. 

Regarding  bilateral agreements with third countries, Turkey signed a  free trade agreement 
with  Singapore.  Turkey  continued  to  unilaterally  implement  its  free  trade  agreement  with 
Malaysia although the EU has not concluded a similar agreement with Malaysia. 

As for development policy and humanitarian aid, official development aid granted by Turkey 
stood  at  EUR  2.8  billion  or  0.46 %  of  ODA/GNI  in  2015,  mostly  on  Syria-related  activities. 
Turkey's assistance to Syrian refugees on its own territory makes it the donor contributing the 
second  largest  amount  in  2015.  It  is  host  to  the largest  refugee  population  in  the  world,  with 
about 3 million refugees from Syria, Iraq and other countries. In April, Turkey joined the EU 
Civil Protection Mechanism.  

4.31.  Chapter 31: Foreign, security and defence policy 

Member  States  must  be  able  to  conduct  political  dialogue  in  the  framework  of  the  foreign, 
security  and  defence  policy,  to  align  with  EU  statements,  to  take  part  in  EU  actions  and  to 
apply agreed sanctions and restrictive measures. 

Turkey is moderately prepared as regards the alignment with the EU in the area of foreign, 
security and defence policy. Good progress was made in broadening and deepening the regular 
political  dialogue  on  foreign  and  security  policy,  including  at  ministerial  level.  On  Syria, 
Turkey  continued  to  support  the  Syrian  Opposition  Coalition  and  to  provide  substantial 
humanitarian  assistance  to  Syrian  refugees  and  contributed  to  laying  the  groundwork  for  the 
International  Syria  Support  Group.  Dialogue  on  counter-terrorism  continued.  In  the  coming 
year, Turkey should in particular: 

→ align itself more closely with EU declarations and Council decisions. 

The  political  dialogue  between  the  EU  and  Turkey  was  further  enhanced  with  the 
29 November meeting of EU and Turkish leaders, which led to the adoption of the EU-Turkey 
Statement  and  was  followed  by  two  prior  EU-Turkey  summits.  A  High  Level  Political 
Dialogues  took  place  on  25  January  and  9  September  where  foreign  policy  issues  were 
discussed at length. Political Directors meetings took place in November 2015 and April 2016. 
Discussions  continued  mainly  on  the  developments  in  Syria,  Iraq,  Libya,  Afghanistan,  Iran, 
Saudi  Arabia,  Israel,  Russia,  and  Ukraine.  Specialised  consultations  covered  fight  against 
terrorism and foreign terrorist fighters as well as Syria, Russia, Ukraine, South Caucasus and 
Central Asia. An EU-Turkey Dialogue on Counter Terrorism was held in June 2016.  

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Regarding the common foreign and security policy, Turkey aligned itself, when invited, with 
18  out  of  41  EU  declarations  and  Council  decisions  (44  %  alignment  for  the  period 
1 September 2015 to 1 September 2016, against 40 % during the reference period of the 2015 
Report on Turkey). Turkey has not yet signed the statute of the International Criminal Court. 
Turkey participated in a number of high profile summits and conferences. It hosted notably the 
OIC summit in April 2016. 

Turkey  remained  a  key  player  in  the  crisis  in  Syria,  continuing  its  support  to  the  National 
Coalition for Syrian Revolutionary and Opposition Forces based in Istanbul. It contributed to 
lay the groundwork for the International Syria Support Group (ISSG) and supported the run-up 
to  the  UN-sponsored  talks  in  Geneva.  Turkey  continued  to  provide  extensive  humanitarian 
assistance  to  over  2.7  million  of  Syrian  refugees.  Turkey  stepped  up  its  involvement  in  the 
coalition  against  Da’esh,  continued  air  strikes  against  Da’esh  positions,  joined  coalition 
airstrikes  and  measures  to  prevent  cross-border  activities  by  Da’esh  fighters.  On  24  August 
Turkey launched the cross-border military ground operation Euphrates Shield in northern Syria, 
aiming at clearing the border areas from Da'esh presence in cooperation with the Free Syrian 
Army.  Relations  between  Turkey  and  Iraq  deteriorated  in  the  reporting period  when  Bagdad 
criticised Ankara for reinforcing its camp at Bashiqa. Tensions between Turkey and Iraq rose 
further  in  the  context  of  the  military  campaign  to  liberate  Mosul.  Turkey’s  relations  with  the 
Kurdistan  Regional  Government  remained  stable.  Turkey  continued  to  conduct  air  strikes 
against PKK camps in Iraqi Kurdistan. Regarding the relations with the United States, Turkey 
allowed  the  US  access  to  the  Incirlik  airbase  used  by  the  coalition  forces,  which  remains 
crucial.  The  US  support  to  PYD/YPG  within  the  framework  of  the  fight  against  Da'esh 
remained controversial in Turkey. 

A rapprochement between Turkey and Russia was initiated in June, after a sharp deterioration 
of  bilateral  relations  following  the  downing  of  a  Russian  jet,  which  had  violated  Turkish 
airspace, on 24 November 2015. Russia started to gradually phase out wide-ranging economic 
and diplomatic sanctions affecting the Turkish economy. Among other decisions, Turkey and 
Russia  established  a  Joint  Syria  Mechanism  in  an  attempt  to  narrow  the  positions  on  the 
principles for a solution to the Syria conflict. A meeting between Presidents Erdogan and Putin 
took  place  in  Istanbul  on  10  October,  in  the  margins  of  the  23rd  World  Energy  Congress. 
Relations with Ukraine culminated with the conclusion of a bilateral free trade agreement and 
enhanced  cooperation  in  defence,  industry  and  tourism  in  March  2016.  While  reiterating  its 
condemnation of the annexation of Crimea by Russia and concerns over the Tatar community, 
Turkey  did  not  align  with  Council  decisions,  including  EU  restrictive  measures  related  to 
Russia and Ukraine. 

Relations  with  Saudi  Arabia  intensified  with  the  establishment  of  a  bilateral  Strategic 
Cooperation Council. With respect to Yemen, Turkey continued to encourage UN initiatives to 
re-establish a legitimate government. Turkey considers the Gulf Cooperation Council states as 
important partners in efforts to stabilise the region. Regarding Qatar, Turkey announced plans 
to establish a military base. Turkey and Iran continued to develop their relationship, preventing 
foreign  policy  divergences,  notably  on  Syria,  from  interfering  with  economic  cooperation. 
Turkey increased its engagement in Libya, supporting Prime Minister Fayez Al-Sarraj and an 
inclusive political process. In June Turkey and Israel formally normalised relations. Relations 
with Egypt did not improve. Turkey and Jordan signed ten bilateral agreements, mainly in the 
economic field, in March 2016. 

Regarding South Caucasus and Central Asia, Turkey was vocal in its support for Azerbaijan 
during clashes in April 2016 in Nagorno-Karabakh. Turkey, Georgia and Azerbaijan agreed to 
sign  a  trilateral  military  cooperation  agreement  in  May  2016.  The  2009  protocols  on 
normalisation  of  relations  with  Armenia  are  not  yet  ratified.  Turkey  continued  to  maintain 
close  relations  with  the  countries  of  the  Western  Balkans.  Turkey  continued  to  provide 
humanitarian  and  development  assistance  to  Afghanistan  and  co-chaired  the  5th  Ministerial 
92 

 
 
Meeting  of  the  ‘Heart  of  Asia-Istanbul  Process’  in  Islamabad  in  December  2015.  Turkey 
pledged of USD 150 million of development assistance to Afghanistan for the period of 2018-
2020  at  the  Brussels  Conference  of  4-5  October.  Turkey  continued  to  strengthen  its  relations 
with Latin America, Africa and Asia. It hosted the 6th meeting of the High Level Partnership 
Forum on Somalia in February, a focal point of its diplomacy in Africa. 

Turkey is party to all international arrangements on the non-proliferation of weapons of mass 
destruction. It has not yet aligned itself with the EU position on membership of the Wassenaar 
Arrangement  (see  chapter  30  —  External  relations)  and  the  Missile  Technology  Control 
Regime. 

Turkey continued to participate in civilian and military crisis management operations under the 
common security and defence policy, in particular EUFOR ALTHEA in Bosnia-Herzegovina, 
and  EULEX  Kosovo.  Turkey  briefly  participated  in  the  EUAM  in  Ukraine  and  the  EUPOL 
COPPS  in  the  Palestinian  Territories.  The issue  of  EU-NATO  cooperation,  going  beyond  the 
‘Berlin plus’ arrangements, involving all EU Member States, continues to be unresolved. 

4.32.  Chapter 32: Financial control 

Based on international standards, the EU promotes the reform of national governance systems 
to  enhance  managerial  accountability  and  sound  financial  management  of  income  and 
expenditure.  The  financial  control  rules  further  protect  the  EU’s  financial  interests  against 
fraud in the management of EU funds and the euro against counterfeiting. 

Turkey  has  achieved  a  good  level  of  preparation  in  the  area  of  financial  control.  Some 
progress  was  achieved  with  the  updating  of  the  national  action  plan  for  EU  accession  with 
commitments  on  financial  control,  improved  methodological  guidance  by  the  central 
harmonisation  units  and  an  increase  in  the  number  of  international  audit  certifications. 
However, neither of the Commission’s recommendations on public internal financial control in 
the  2015  report  have  been  implemented.  Further  significant  efforts  are  needed  to  implement 
PIFC  at  all  levels  of  the  administration  and  in  state-owned  companies.  In  the  coming  year, 
Turkey should in particular: 

→ update its overdue PIFC policy paper  

→ ensure a formal monitoring and reporting mechanism for an updated PIFC action plan; 

→ implement the planned changes to the Law on Public Financial Management and Control in 
line with the national action plan for EU accession. 

Public internal financial control (PIFC) 

Turkey adopted its PIFC strategy and an action plan in 2002. The government has committed 
to updating them, yet there has been no tangible progress for a number of years. No mechanism 
is in place to ensure regular monitoring and reporting on implementation. The Ministry of EU 
Affairs issued the national action plan for EU accession 2016-2019 in January 2016. The action 
plan envisages a revision of the Law on Public Financial Management and Control to improve 
its implementation in 2016. The medium-term programme from January 2016 makes a number 
of  commitments  for  improving  internal  control  over  the  period  2016-2018,  but  it  does  not 
provide clear targets and indicators to measure performance. 

Two  central  harmonisation  units  (CHU)  in  the  Ministry  of  Finance  supervise  the 
implementation  of  PIFC.  The  CHU  for  financial  management  and  control  provides 
methodological  guidance  and  coordinates  implementation  in  line  ministries.  It  prepares  an 
annual general accountability report for the government, based on an annual survey of budget 
users.  The  government  does  not,  however,  adopt  conclusions  on  the  basis  of  the  report.  The 
CHU  for  internal  audit  coordinates  the  implementation  of  internal  audit  in  line  ministries. 
During the reporting period it published handbooks on quality assurance and development, as 

93 

 
 
 
well as on value-for-money audit for internal auditors in public administrations. It also issues 
an annual general  government internal audit report.  The administrative capacity of the CHUs 
needs to be strengthened gradually. 

The  PIFC  law  regulates  financial  management  and  control  mostly  in  line  with  the  internal 
control framework of the Committee of Sponsoring Organisations (COSO) and the guidelines 
of  the  International  Organisation  of  Supreme  Audit  Institutions  (INTOSAI).  Central 
government institutions broadly follow the PIFC manual. However, there is a need to refocus 
internal  control  as  a  management  system  rather  than  as  a  purely  financial  one.  Ensuring  a 
systematic  approach  to  risk  management  in  Turkey  is  a  key  challenge.  The  medium-term 
programme  from  January  2016  announces  a  public  risk  management  guide.  Turkey  has  an 
extensive  financial  inspection  function  in  individual  ministries.  There  are  potential  overlaps 
with internal audit, as both functions are focused on legal compliance. 

Internal audit is regulated in the PIFC law, generally in line with international standards. An 
internal audit manual and a code of ethics are in place, as are manuals drafted by the CHU. 252 
out of 383 institutions have set up internal audit units as requested. To date, 46 % of internal 
audit posts in the general government institutions have been filled. Some key institutions such 
as the Prime Minister’s Office have yet to appoint internal auditors. 957 internal auditors have 
been  certified  by  the  CHU.  19 %  of  the  auditors  hold  an  international  certification.  Most 
institutions have an audit charter and perform audits according to audit plans. The internal audit 
software  which  was  introduced  in  2014  is  widely  used  in  all  public  institutions.  In  2016,  the 
Internal  Audit  Coordination  Board  introduced  a  mobile  application  for  internal  auditors. 
Ownership of internal audit at managerial level remains weak. 

External audit 

The independence of the Turkish Court of Accounts (TCA) is enshrined in the  Constitution. 
The TCA law is in line with the INTOSAI standards. It provides for a wide audit mandate and 
gives the TCA full discretion in discharging its responsibilities. 

The TCA, which has also judicial functions, has a well-established structure with a presidency 
and governing boards. TCA board members are elected by Parliament. TCA increased its  staff 
capacity  considerably in the past year. Of its 1580 staff, 922 are auditors. Following the coup 
attempt of 15 July, 5.3 % of the TCA staff, mostly (senior) auditors were dismissed. This may 
lead to a weakening of the external audit capacity of the TCA as it will require a long time to 
train the new recruited staff as external auditors. To develop its institutional capacity, the TCA 
has  adopted  a  strategic  development  plan  for  2014-2018,  including  a  training  strategy.  The 
TCA  is  carrying  out  an  action  plan  to  align  with  international  internal  control  standards.  Its 
impact will have to be assessed. 

The  TCA  seeks  to  improve  the  quality  of  audit  work  by  adopting  assessment  manuals  for 
performance audit and activity reports and by strengthening the external audit training centre. 
Planning of audit work is mostly risk-based. The TCA submits annually four audit reports to 
Parliament  (on  general  evaluation,  accountability,  financial  statistics  and  state  enterprises)  in 
addition to the statement of general conformity. The TCA has a dedicated quality control unit 
to  ensure  auditors’  adherence  to  professional  and  ethical  standards  and  quality  of  reporting. 
However,  the  TCA  should  ensure  that  performance  audits  are  not  only  audits  about 
performance  indicators  but  would  also  focus  on  economy,  efficiency  and  effectiveness  of 
public  institutions.  Omnibus  law  no.6661  adopted  in  January  curtailed  the  scope  of  the  TCA 
audit of companies listed on the Stock Exchange with less than 50 % of public shares. Given 
the  high  number  of  budget  users  at  the  local  level,  the  capacity  of  the  TCA  to  audit  local 
administrations, municipal companies and associations needs to be strengthened.  

Regarding  the  impact  of  audit  work,  the  TCA  assesses  the  internal  control  environment  of 
audited  entities  as  part  of  its  audit  work.  The  TCA  submits  its  annual  general  conformity 

94 

 
 
assessment audit report to the general assembly of the Parliament which is analysed in the Plan 
and  Budget  Committee  and  discussed  in  the  plenary.  However,  this  process  is  neither 
systematic  nor  effective.  A  joint  working  group  of  the  TCA  and  the  Ministry  of  Finance  is 
operational. A similar working group is needed with Parliament. The TCA frequently updates 
its  website  and  communicates  well  with  the  media.  However,  audit  reports  on  state-owned 
enterprises for 2014 were not posted on the TCA’s website and those for previous years were 
removed. This has reduced the accessibility and transparency of external audit. 

Protection of the EU’s financial interests 

As regards acquis alignment, the national legislation incorporates the main components of the 
convention  on  the  protection  of  the  EU’s  financial  interests  and  imposes  an  obligation  to 
safeguard  evidence.  The  national  anti-fraud  coordination  service  (AFCOS)  is  an 
independent  unit  under  the  Prime  Minister’s  Office.  An  anti-fraud  network,  involving  other 
relevant authorities, is in place. The 2010-2014 anti-corruption strategy and action plan failed 
to  meet  most  of  the  objectives  initially  set.  The  new  action  plan  for  2016-2019  needs  to  be 
implemented in an inclusive and participatory fashion to address outstanding issues. 

Turkey  cooperated  with  the  European  Commission  investigators  in  various  cases  in  2015, 
but AFCOS will need to improve its cooperation with the Commission. Turkey has established 
the  main  procedures  for  reporting  irregularities  and  suspected  fraud  cases.  Access  to  the 
Irregularity Management System has been obtained with a network of 43 Turkish users. During 
the period 2006-2016, Turkey has reported 259 cases of irregularities to the Commission through 
the system, including 45 cases over the past year. A solid track record on investigation activities 
and reporting still needs to be established.  

Protection of the euro against counterfeiting 

Turkey has reached a high level of acquis alignment in this area. Turkey is also a party to the 
1929  International  Convention  for  the  Suppression  of  Counterfeiting  Currency.  Technical 
analysis of counterfeit money, including euro banknotes and coins, is performed by a dedicated 
department  in  the  central  bank.  The  police  serves  as  the  national  central  office  for  ensuring 
cooperation with EU institutions as part of the counterfeit tracking system. Turkish legislation 
imposes  financial  penalties  on  credit  institutions  which  do  not  withdraw  counterfeits  from 
circulation. Turkey has not signed formal cooperation agreements with the Commission and 
the  European  Central  Bank,  but  in  practice  there  is  close  cooperation.  In  addition,  Turkey  is 
implementing  the  roadmap  for  strengthening  cooperation  with  Europol.  Turkey  participates 
actively in the Pericles 2020 programme. 

4.33. Chapter 33: Financial and budgetary provisions 

Rules for funding the EU budget provide for contributions based mainly on the gross national 
income of each Member State as well as from value added tax and customs duties.  

Turkey  has  reached  some  level  of  preparation  in  the  area  of  financial  and  budgetary 
provisions.  Some  progress  was  made  in  the  past  year,  as  this  chapter  was  opened  for 
negotiations  on  30 June  2016.  Solid  coordination  structures,  administrative  capacity  and 
implementing rules will need to be established in due course. 

Basic principles and institutions in the underlying policy areas (chapters 16 — Taxation, 18 — 
Statistics, 29 — Customs Union and 32 — Financial Control) linked to the application of the 
own  resources  system  are  already  in  place.  Due  to  the  Customs  Union  with  the  EU  on 
processed  agricultural  goods  and  industrial  goods  (with  the  exception  of  coal  and  steel 
products) Turkey´s customs legislation is largely in line with the acquis in chapter 29. This will 
facilitate preparations in the field of traditional own resources.  

Preparations are needed in the field of the value added tax-based resource so as to calculate 
the statistical VAT base. Turkey will need to take sound measures for combating fraud in VAT 

95 

 
 
 
and  customs  duties  and  tackle  the  informal  economy  in  order  to  ensure  an  appropriate 
contribution to the EU own resources system upon membership. 

Concerning  the  gross  national  income-based  resource,  efforts  to  compile  financial  and 
statistical data in line with the European System of Accounts are ongoing. Turkey will need to 
make considerable efforts to ensure that national accounts and GNI calculations are exhaustive 
by taking the informal economy into account and to create an inventory of sources and methods 
used for the compilation of GNI. 

Regarding the administrative infrastructure, Turkey will need to establish a fully operational 
coordination structure, administrative capacity and implementing rules to ensure that it will be 
able,  from  accession,  to  correctly  calculate,  forecast,  account  for,  collect,  pay,  control  and 
report to the EU on own resources in line with the acquis. 

ANNEX I – RELATIONS BETWEEN THE EU AND TURKEY 

Within the framework of accession negotiations, 16 chapters have been opened so far and one 
of these was provisionally closed. Chapter 17 - economic and monetary affairs  and chapter 33 
– financial and budgetary provisions – were opened respectively on 14 December 2015 and 30 
June 2016, in line with the EU and Turkey's commitment to re-energise the accession process 
as  set  out  in  their  joint  statement  of  29  November  2015.  The  Commission  has  undertaken  to 
advance  the  preparatory  work  on  five  other  chapters  without  prejudice  to  Member  States' 
positions in accordance with the existing rules. Opening benchmarks for chapters 23 and 24 on 
the rule of law still need to be defined so as to provide Turkey with a roadmap for reforms in 
this  essential  area.  Progress  on  the  priorities  for  reform  is  encouraged  and  monitored  by  the 
bodies  set  up  under  the  Association  Agreement.  The  Association  Committee  met  in  May 
2016,  while  sub-committees  kept  being  held  throughout  the  reporting  period.  Subcommittees 
play a useful role in supporting Turkey's efforts of alignment with the acquis and of compliance 
with the opening and closing benchmarks of the negotiation chapters, without prejudice to the 
Council Conclusions of 11 December 2006. 

As agreed at the first EU-Turkey Summit of 29 November 2015, the Commission, jointly with 
the European External Action Service, has stepped up EU-Turkey relations in all key areas of 
joint interest based on a broad strategic engagement. First Vice President Timmermans, High 
Representative/Vice President Mogherini and Commissioner Hahn made a number of visits to 
Turkey during the reporting period. Turkey itself continued to express its commitment to EU 
accession: then Prime Minister Davutoglu visited Brussels on several occasions and met with 
the  Presidents  of  the  European  Council,  of  the  European  Parliament  and  of  the  European 
Commission. The President of the European Parliament visited Turkey in September 2016 and 
the President of the European Council in April 2016. The enhanced political dialogue between 
the EU and  Turkey  was brought to  a new level.  Within  the framework  of a new  High Level 
Political Dialogue, High Representative/Vice President and Commissioner Hahn held meetings 
with  their  Turkish  counterparts  on  25  January  and  9  September  2016.  A  political dialogue  at 
directors'  level  took  place  in  April  2016.  Regular  discussions  on  foreign  and  security  policy 
were  held,  including  on  counter-terrorism,  against  the  background  of  Turkey  stepping  up  its 
involvement in the Global Coalition to Counter ISIL/Da'esh. Discussions were held on a wide 
range of topics and regions, inter alia, Syria, Iraq, Iran, Saudi Arabia, the Middle East and the 
Gulf, Afghanistan, Libya, Russia, Ukraine, the Western Balkans, the South Caucasus, Central 
Asia. 

96 

 
 
 
 
 
 
In the area of visa migration and asylum, a Joint Action Plan on migration was activated at 
the  EU-Turkey  Summit  of  29  November  2015.  Further  to  the  EU-Turkey  Statement  of  18 
March  2016,  this  close  cooperation  was  stepped  up  aiming  at  putting  an  end  to  the  irregular 
migration  from  Turkey  to  the  EU,  breaking  the  business  model  of  the  smugglers  and 
developing legal pathways to Europe for those entitled to international protection in line with 
EU and international law. Implementation reports have been issued in February, March, April, 
June and September 2016. Regarding the Visa Liberalisation Dialogue launched in December 
2013, the second and third implementation reports on the visa roadmap were issued in March 
and May 2016. The report of May acknowledged the good progress made and tabled a proposal 
to  lift  the  visa  requirement  for  Turkish  citizens  on  the  understanding  that  Turkey  would 
urgently step up its efforts to meet the seven outstanding requirements, out of 72, in order to 
obtain visa liberalisation. The EU and Turkey continue their close cooperation on this issue.  

Developing  further  close  economic  ties  was  another  shared  priority.  The  first  High  Level 
Economic  Dialogue  was  held  on  25-26  April  in  Istanbul  and  Ankara,  where  both  parties 
discussed  macroeconomic  and  investment  developments  and  engaged  with  the  business 
community.  Turkey  continues  to  participate  in  the  multilateral  economic  dialogue  with  the 
Commission  and  Member  States  to  prepare  the  country  for  participation  in  multilateral 
surveillance  and  economic  policy  coordination  as  part  of  the  EU’s  Economic  and  Monetary 
Union. The most recent meeting was held on 25 May 2016, where joint recommendations were 
adopted. The EU and Turkey also continue to coordinate in the framework of the G-20. Turkey 
and  the  EU  continued  to  improve  their  cooperation  on  energy,  and  a  High  Level  Energy 
Dialogue  meeting  was  held  in  January  2016.  The  dialogue  covered  developments  and  policy 
priorities  in  the  gas  sector  and  security  of  supplies,  including  the  Southern  Gas  Corridor;  the 
electricity  sector;  the  nuclear  sector;  energy  efficiency  and  renewable  energy  sources. 
Following agreement by the Commission and the Turkish government in May 2015 to initiate 
procedures  in  view  of  the  modernisation  and  extension  of  the  Customs  Union,  an  Impact 
Assessment  study  has  been  carried  out  by  external  consultants,  which  will  feed  into  the 
Commission's own assessment which will accompany a possible recommendation for a Council 
decision authorising the opening of negotiations to be presented by the Commission by the end 
of 2016.  Turkey is the EU’s fifth largest trading partner, while the EU is Turkey’s largest. Two 
out of five goods traded by Turkey come from or go to the EU and over 70 % of foreign direct 
investment in Turkey originates in the EU. 

Regarding  financial  assistance,  the  Financing  Agreement  for  the  IPA  II  2014  annual 
programme  entered  into  force,  with  a  budget  of  EUR  366  million,  and  the  2015  annual 
programme was adopted, with a budget of EUR 255 million. Both programmes have a strong 
focus on the rule of law and fundamental rights and on the building up of capacities in the field 
of migration and asylum, in relation to the Visa Liberalisation Roadmap and the commitments 
under  the  Joint  Action  Plan  on  migration  and  the  18  March  EU-Turkey  Statement.  The 
Financing  Agreements  for  the  Sector  Operational  Programmes  on  Environment  and  climate 
action, Education, employment and social policies and Competitiveness and innovation entered 
into  force  in  April  and  May  2016,  for  a  total  budget  of  EUR  478  million.  IPA  support  of 
Turkey's  efforts  to  host  refugees  has  expanded  significantly.  In  December  2015,  EUR  139.6 
million  from  IPA  I  programmes  have  been  transferred  to  the  EU  Regional  Trust  Fund  in 
Response  to  the  Syrian  Crisis  to  finance  environmental  and  social  infrastructures,  support  to 
entrepreneurship, education and access to labour market.  

Furthermore, in line with the commitment taken by the EU at the 29 November 2015 Summit 
with Turkey, and following final agreement by the Member States in February 2016, a Facility 
for Refugees in Turkey was set up, with a budget of EUR 3 billion over the period 2016-2017 
(EUR  1  billion  from  the  EU  budget  and  EUR  2  billion  from  Member  States  contributions  as 
externally  assigned  revenues).  The  Facility  is  a  coordination  mechanism,  designed  to  ensure 
that the needs of refugees and host communities in Turkey are addressed in a comprehensive 

97 

 
 
and  coordinated  manner.  The  Facility  became  immediately  operational  and  as  of  the  end  of 
September some EUR 2.2 billion have been allocated, EUR 1.2 billion contracted and EUR 677 
million disbursed. 

Turkey  participates  in  the  following  EU  programmes:  Erasmus+,  Horizon  2020,  Customs 
2020,  Fiscalis  2020,  COSME,  (Competitiveness  of  Enterprises  and  Small  and  Medium-sized 
Enterprises) and EASI (Employment and Social Innovation). Turkey decided to withdraw from 
the Creative Europe programme as of 1 January 2017 after three years of participation. Turkey 
participates  in  the  European  Environmental  Agency,  in  the  European  Monitoring  Centre  for 
Drugs and Drug Addiction and since 2015 in the Civil Protection Mechanism. 

ANNEX II – STATISTICAL ANNEX 

STATISTICAL DATA (as of 5.10.2016) 
Turkey 

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

Note 
1) 

2003 
66 402e 
783 562 

2011 
73 723b 
783 562 

2012 
74 724 
783 562 

2013 
75 627 
783 562 

2014 
76 668 
783 562 

2015 
77 696 
783 562 

National accounts 
Gross domestic product (GDP) (million national 
currency) 
Gross domestic product (GDP) (million euro) 
GDP (euro per capita) 
GDP (in Purchasing Power Standards (PPS) per 
capita) 
GDP (in Purchasing Power Standards (PPS) per 
capita), relative to the EU average (EU-28 = 100) 
Real GDP growth rate: change on previous year of 
GDP volume (%) 
Employment growth (national accounts data), relative 
to the previous year (%) 
Labour productivity growth: growth in GDP (constant 
prices) per person employed, relative to the previous 
year (%) 
Unit labour cost growth, relative to the previous year 
(%) 
**3 year change (T/T-3) in the nominal unit labour 
cost growth index (2005 = 100) 
Labour productivity per person employed: GDP (in 
PPS) per person employed relative to EU average 
(EU-27 = 100) 
Gross value added by main sectors 
Agriculture, forestry 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 (%) 
Gross fixed capital formation by the general 
government sector, as a percentage of GDP (%) 

Note 

2003 
454 781 

2011 
1 297 713 

2012 
1 416 799 

2013 
1 567 289 

2014 
1 748 168 

2015 
1 952 638 

268 323 
4 000 
7 500 

555 100 
7 500 
13 400b 

612 405 
8 200 
14 000 

618 626 
8 200 
14 200 

601 468 
7 800 
14 600 

645 394 
8 300 
15 100 

35 

5.3 

51b 

8.4 

53 

1.9 

: 

: 

: 

: 

: 

9.0 
22.5 
5.0 
63.5 
85.1 

21.8 
1.7 
24.0 
32.6 
: 

: 

: 

: 

: 

: 

8.8 
21.7 
4.9 
64.6 
85.0 

20.3 
-0.1 
26.3 
31.5 
: 

: 

: 

: 

: 

: 

11.1 
23.4 
4.5 
61.0 
83.4 

17.0 
0.6 
23.0 
24.0 
: 

98 

53 

4.8 

: 

: 

: 

: 

: 

8.3 
21.6 
5.0 
65.1 
85.9 

20.3 
0.3 
25.6 
32.2 
: 

53 

3.0 

53 

4.0 

: 

: 

: 

: 

: 

8.0 
22.0 
5.1 
64.9 
84.2 

20.1 
-0.1 
27.9 
32.1 
: 

: 

: 

: 

: 

: 

8.5 
21.5 
5.0 
65.0 
84.8 

20.4 
-2.3 
28.0 
30.8 
: 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Business 
Industrial production volume index (2010 = 100) 
Number of active enterprises (number) 
Birth rate: number of enterprise births in the 
reference period (t) divided by the number of 
enterprises active in t (%) 
Death rate: number of enterprise deaths in the 
reference period (t) divided by the number of 
enterprises active in t (%) 
People employed in SMEs as a share of all persons 
employed (within the non-financial business 
economy) (%) 
Value added by SMEs (in the non-financial business 
economy) (EUR million) 
Total value added (in the non-financial business 
economy) (EUR million) 

Inflation rate and house prices 
Harmonised consumer price index (HICP), change 
relative to the previous year (%) 
**Annual change in the deflated house price index 
(2010 = 100) 

Balance of payments 
Balance of payments: current account total (million 
euro) 
Balance of payments current account: trade balance 
(million euro) 
Balance of payments current account: net services 
(million euro) 
Balance of payments current account: net income 
(million euro) 
Balance of payments current account: net current 
transfers (million euro) 
of which government transfers (million euro) 
**3 year backward moving average of the current 
account balance relative to GDP (%) 
**Five year change in share of world exports of 
goods and services (%) 
Net inward foreign direct investment (FDI) (million 
euro) 
Foreign direct investment (FDI) abroad (million euro) 
of which FDI of the reporting economy in the EU-28 
countries (million euro) 
Foreign direct investment (FDI) in the reporting 
economy (million euro) 
of which FDI of the EU-28 countries in the reporting 
economy (million euro) 
**Net international investment position, relative to 
GDP (%) 
Year on year rate of change in gross inflow of 
remittances (in national currency) from migrant 
workers (%) 

Public finance 
***General government deficit / surplus, relative to 
GDP (%) 
***General government gross debt relative to GDP 
(%) 
Total  government revenues, as a percentage of 
GDP (%) 
Total government expenditure, as a percentage of 
GDP (%) 

Financial indicators 
Gross foreign debt of the whole economy, relative to 
GDP (%) 
Gross foreign debt of the whole economy, relative to 
total exports (%) 
Money supply: M1 (banknotes, coins, overnight 
deposits, million euro) 

Note 

2003 
69.0 
: 
: 

2011 
109.9 
3 422 163 
23.2 

2012 
112.6 
3 474 992 
12.8 

2013 
116.5 
3 529 541 
12.4 

2014 
120.5 
3 525 431 
12.2 

2015 
124.3 
3 584 832 
12.1 

: 

: 

: 

12.0 

12.1 

12.4 

76.0 

75.8 

74.2 

81 593 

91 208 

97 407 

: 

: 

: 

84 559 

153 201 

170 420 

184 526 

178 630 

: 

: 

: 

: 

Note 

2003 
25.3 

2011 
6.5 

: 

: 

2012 
8.9 

: 

2013 
7.5 

: 

2014 
8.9 

: 

2015 
7.7 

: 

Note 

2003 
-6 678 

2011 
-53 450 

2012 
-37 330 

2013 
-47 894 

2014 
-32 783 

2015 
-29 059 

-11 856 

-64 052 

-50 877 

-60 174 

-47 871 

-43 404 

9 188 

14 575 

17 581 

17 830 

20 149 

21 738 

-4 912 

-5 208 

-5 128 

-6 458 

-6 120 

-8 584 

902 

257 
-0.3 

: 

1 235 

1 094 

450 
-5.9 

: 

308 
-7.3 

: 

908 

344 
-7.8 

: 

1 059 

1 192 

358 
-6.4 

: 

465 
-5.9 

: 

1 080.3 

9 922.4 

7 144.3 

6 593.6 

4 121.9 

10 641.7 

424.3 
138.8 

1 702.6 
1 050.4 

3 195.0 
2 354.4 

2 731.0 
1 526.4 

5 304.5 
2 645.5 

4 591.3 
2 480.5 

1 504.6 

11 625 

10 339.4 

9 324.6 

9 426.4 

15 233 

536.6 

6 859.4 

6 349.2 

3 950.8 

4 155.1 

7 289.8 

-34.6 

-40.7 

-53.9 

-68.5 

5.0 

1.1 

Note 

2003 
-8.9 

65.2 

: 

: 

Note 

2003 
42.7 

2011 
-0.8f 

37f 

35.0 

35.8 

2011 
42.0 

2012 
-0.2 

35.4 

36.5 

36.7 

2012 
42.0 

-48.1 

-12.9 

2013 
0.2 

31.1 

37.8 

37.6 

2013 
45.8 

-55.1 

-51.1 

-4.6 

2.0 

2014 
0.4 

34.5 

39.3 

38.8 

2014 
55.0 

2015 
1.7 

31.3 

28.7 

28.4 

2015 
56.4 

305.1 

225.3 

222.8 

257.0 

255.3 

276.6 

2) 

13 188 

65 555b 

76 513 

78 110 

91 571 

97 885 

99 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3) 

4) 

5) 

6) 

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) 
**Annual change in financial sector liabilities (%) 
**Private credit flow, consolidated, relative to GDP 
(%) 
**Private debt, consolidated, relative to GDP (%) 
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) 
Trade-weighted effective exchange rate index (2005 
= 100) 
**3 year change (T/T-3) in the trade-weighted 
effective exchange rate index, 42 countries (2005 = 
100) 
Value of reserve assets (including gold) (million euro) 

47 398 

274 239b 

315 960 

309 213 

360 158 

373 608 

50 488 

288 210b 

333 144 

323 062 

375 844 

387 048 

29 025 

255 706 

318 918 

341 791 

418 789 

443 147 

: 
: 

: 
40.50 
41.50 
35.50 
1.685 

: 
: 

: 
10.20 
9.95 
3.83 
2.322 

: 
: 

: 
11.20 
10.87 
5.00 
2.314 

: 
: 

: 
10.05 
7.56 
3.81 
2.534 

: 
: 

: 
10.94 
11.68 
7.75 
2.906 

: 
: 

: 
11.02 
10.79 
7.27 
3.026 

99.4 

74.4 

74.5 

68.6 

59.5 

56.6 

: 

: 

: 

: 

: 

: 

31 084 

63 467 

92 748 

98 640 

95 824 

99 620 

External trade in goods 
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 * 100) (number) 
Share of exports to EU-28 countries in value of total 
exports (%) 
Share of imports from EU-28 countries in value of 
total imports (%) 

Demography 
Crude rate of natural change of population (natural 
growth rate): number of births minus deaths (per 
thousand inhabitants) 
Infant mortality rate deaths of children under one 
year of age (per thousand live births) 
Life expectancy at birth: male (years) 
Life expectancy at birth: female (years) 

Labour market 
Economic activity rate for persons aged 20–64: 
proportion of the population aged 20–64 that is 
economically active (%) 
*Employment rate for persons aged 20–64: 
proportion of the population aged 20–64 that are in 
employment (%) 
Male employment rate for persons aged 20–64 (%) 
Female employment rate for persons aged 20–64 
(%) 
Employment rate for persons aged 55–64: proportion 
of the population aged 55–64 that are in employment 
(%) 
Employment by main sectors 
Agriculture, forestry and fisheries (%) 
Industry (%) 
Construction (%) 
Services (%) 
People employed in the public sector as a share of 
total employment, persons aged 20–64 (%) 
People employed in the private sector as a share of 
total employment, persons aged 20–64 (%) 
Unemployment rate: proportion of the labour force 
that is unemployed (%) 
Male unemployment rate (%) 
Female unemployment rate (%) 
Youth unemployment rate: proportion of the labour 
force aged 15–24 that is unemployed (%) 

Note 

7) 

2003 
61 248 
41 761 
-19 487 
100 

2011 
173 099 
96 973 
-76 126 
93 

2012 
184 087 
118 644 
-65 443 
96 

2013 
189 783 
114 533 
-75 250 
98 

2014 
182 338 
118 653 
-63 685 
98 

2015 
186 532 
129 555 
-56 977 
103 

58.1 

50.6 

2003 
11.7 

29.1 

: 
: 

2003 
: 

Note 

Note 

46.4 

37.9 

2011 
11.4 

11.7 

74.4 
79.8 

2011 
57.2 

38.9 

37.0 

2012 
11.7 

11.6 

74.8 
80.5 

2012 
57.4 

41.5 

36.7 

2013 
12.0 

10.8 

75.4 
81.1 

2013 
58.4 

43.5 

36.7 

2014 
12.3 

11.1 

75.4 
80.9 

2014 
58.9 

44.5 

38.0 

2015 
11.8 

: 

: 
: 

2015 
59.9 

49.2 

52.2 

52.8 

53.4 

53.2 

53.9 

72.2 
26.4 

32.7 

: 
: 
: 
: 
16.8 

83.2 

: 

: 
: 
: 

100 

8) 

9) 

9) 
9) 
9) 

75.1 
29.8 

31.4 

25.5 
19.5 
7.0 
48.1 
13.3 

86.7 

8.8 

8.3 
10.1 
16.7 

75.0 
30.9 

31.9 

24.6 
19.1 
6.9 
49.4 
13.8 

86.2 

8.2 

7.7 
9.4 
15.7 

75.3 
31.8 

31.5 

23.6 
19.4 
7.0 
50.0 
13.5 

86.5 

8.8 

8.0 
10.6 
16.9 

75.0 
31.6 

31.4 

21.1b 
20.5b 
7.4b 
51.0b 
13.1b 

86.9b 

9.9 

9.1 
11.9 
17.8 

75.3 
32.6 

31.9 

20.6 
20.0 
7.2 
52.2 
13.5 

86.5 

10.3 

9.3 
12.6 
18.4 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Long-term unemployment rate: proportion of the 
labour force that has been unemployed for 12 
months or more (%) 
Unemployment rate for persons (aged 25–64) having 
completed at most lower secondary education 
(ISCED 0–2) (%) 
Unemployment rate for persons (aged 25–64) having 
completed tertiary education (ISCED 5 & 6) (%) 

9) 

9) 

9) 

: 

: 

: 

2.3 

7.4 

6.8 

2.0 

6.7 

6.7 

2.1 

7.3 

6.9 

2.0 

2.2 

8.4b 

8.9 

8.1b 

8.4 

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 inflation index) 
(2000 = 100) 
GINI coefficient 
Poverty gap (%) 
*Early leavers from education and training: 
proportion of the population aged 18–24 with at most 
lower secondary education who are not in further 
education or training (%) 

Standard of living 
Number of passenger cars relative to population size 
(number per thousand population) 
Number of mobile phone subscriptions relative to 
population size (number per thousand population) 
Mobile broadband penetration (per 100 inhabitants) 
Fixed broadband penetration (per 100 inhabitants) 

Infrastructure 
Density of railway network (lines in operation per 
thousand km²) 
Length of motorways (kilometres) 

Innovation and research 
Public expenditure on education relative to GDP (%) 
*Gross domestic expenditure on R&D relative to 
GDP (%) 
Government budget appropriations or outlays on 
R&D (GBAORD), as a percentage of GDP (%) 
Percentage of households who have internet access 
at home (%) 

Environment 
*Index of greenhouse gas emissions,  CO2 
equivalent (1990 = 100) 
Energy intensity of the economy (kg of oil equivalent 
per 1 000 euro GDP at 2005 constant prices) 
Electricity generated from renewable sources relative 
to gross electricity consumption (%) 
Road share of inland freight transport (based on 
tonne-km) (%) 

Energy 
Primary production of all energy products (thousand 
TOE) 
Primary production of crude oil (thousand TOE) 
Primary production of hard coal and lignite (thousand 
TOE) 
Primary production of natural gas (thousand TOE) 
Net imports of all energy products (thousand TOE) 
Gross inland energy consumption (thousand TOE) 
Electricity generation (thousand GWh) 

Agriculture 
Agricultural production volume index of goods and 
services (at producer prices) (previous year = 100) 
Utilised agricultural area (thousand hectares) 

Note 
10) 

2003 
543 

2011 
1 242 

2012 
1 327 

2013 
1 509 

: 

: 

: 

: 

45.0 
31.0 
52.9 

43.3 
31.9 
41.9b 

42.8 
30.3 
39.6 

: 
: 
37.6p 

11) 

2014 
: 

: 

: 
: 
38.3 

2015 
: 

: 

: 
: 
36.7 

Note 

2003 
70.8 

2011 
110.0 

2012 
115.7 

2013 
122.8 

2014 
128.6 

2015 
136.3 

420e 

874b 

895 

909 

925 

935 

: 
: 

: 
: 

: 
: 

: 
: 

: 
: 

: 
: 

Note 

2003 
11.1 

2011 
12.3 

2012 
12.3 

2013 
12.4 

2014 
12.9 

2015 
12.9 

1 753 

2 119 

2 127 

2 127 

2 155 

2 159 

Note 

12) 

2003 
3.0 
0.48 

2011 
4.5 
0.86b 

0.34 

42.9 

2012 
4.8 
0.92 

0.32 

47.2 

2013 
5.0 
0.95 

0.37 

49.1 

2014 
5.1 
0.96 

0.32 

60.2 

Note 

2003 
139.6 

2011 
172.4 

2012 
180.0 

2013 
178.0 

2014 
184.6 

239.1 

221.5 

227.5 

218.7 

219.1 

25.3 

94.6 

25.4 

94.3 

27.3 

94.5 

28.9 

95.4s 

21.1 

94.9 

Note 

2003 
23 783 

2 494 
10 777 

510 
61 150 
83 826 
140.6 

2011 
32 229 

2 555 
17 869 

652 
84 087 
114 480 
229.4 

2012 
31 964 

2 440 
17 018 

533 
91 827 
120 093 
239.5 

2013 
31 944 

2 485 
15 451 

443 
90 784 
120 290 
240.2 

2014 
31 049 

2 471 
16 359 

414 
97 041 
123 937 
252.0 

2015 
: 
: 

: 

69.5 

2015 
: 

: 

: 

95.8 

2015 
: 

: 
: 

: 
: 
: 
: 

Note 

2003 
98 

2011 
: 

2012 
: 

2013 
: 

2014 
: 

2015 
: 

40 644 

38 231 

38 399 

38 423 

38 558 

38 551p 

101 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Livestock numbers: live bovine animals (thousand 
heads, end of period) 
Livestock numbers: live swine (thousand heads, end 
of period) 
Livestock numbers: live sheep and live goats 
(thousand heads, end of period) 
Production and utilisation of milk on the farm (total 
whole milk) (thousand tonnes) 
Harvested crop production: cereals (including rice) 
(thousand tonnes) 
Harvested crop production: sugar beet (thousand 
tonnes) 
Harvested crop production: vegetables (thousand 
tonnes) 

13) 

9 788 

12 386 

13 915 

14 415 

14 223 

13 994 

7 

2 

3 

3 

3 

2 

32 203 

32 310 

35 783 

38 510 

41 485 

41 924 

10 611 

15 056 

17 401 

18 224 

18 631 

18 655 

30 807 

35 202 

33 377 

37 489 

32 714 

38 637 

12 623 

16 126 

14 920 

16 489 

16 743 

16 023 

25 870 

27 547 

27 820 

28 448 

28 487 

29 552 

: = not available 
b = break in series 
e = estimate 
f = forecast 
p = provisional 
s = Eurostat estimate 
* = Europe 2020 indicator 
** = Macroeconomic Imbalance Procedure (MIP) indicator 
*** = The government deficit and debt data of enlargement countries are published on an "as is" basis and without any 
assurance as regards their quality and adherence to ESA rules. 

Footnotes 

1)  Values are derived from 2000–06 population estimates and 2007–15 results of address based population registration 

system. 

2)  Break in series. From December 2005 onwards, M1 also includes currency in circulation and demand deposits in foreign 

currencies, not just in national currency. Furthermore, from December 2005 monetary liabilities of Participation Banks, 
Investment and Development Banks and the amount of Money Market Funds were added to money supply data. 

3)  Break in series. From December 2005 onwards, M2 includes M1 and time deposits in foreign currencies, not just in national 

currency. See also break in series for M1. 

4)  Break in series. From December 2005 onwards, M3 includes (in addition to M2 and official deposits (time/demand) which 

were already included previously) funds received from repo transactions and money market funds (B type liquid funds). See 
also break in series for M1 and M2. 

5)  Average of monthly data. Lending to enterprises more than one year. 
6)  Average of monthly data. Overnight deposit facility. 
7)  Expressed as an index with 2000 = 100. Time series were originally based on different reference years (2009–09, 2003 = 

100; since 2010, 2010 = 100). 

8)  2011–13: includes NACE Rev. 2 Group 98.1 (undifferentiated goods-producing activities of private households for own use). 

9)  2011–15: unemployment based on 4 weeks criterion + using only active jobs search methods. 

10)  2003: data have been converted (rescaled) to the current national currency. Data are based on the Income and Living 

Conditions Survey (SILC). 

11)  Break in series caused by the addition of 'participation in non formal education or training' from 2004. 
12)  Break in series due to the use of revised GDP series since 2007. 
13)  Excluding buffaloes. 

102