EU Accession Process
Avrupa Accession Negotiations
As agreed at the European Council in December 2004, accession negotiations have been launched on October 3, 2005 with the adoption of the Negotiation Framework by the Council of the European Union. "Negotiation Framework Document" takes account of the experience of fifth enlargement process and of the evolving acquis. The framework includes the principles governing the negotiations, the substance of negotiations, negotiating procedures and list of negotiation chapter headings.
This document consists of three fundamental elements on which the negotiations will carry out.
1- Fulfilling the Copenhagen political criteria with no exceptions and assimilating and speeding up the political reforms,
2- Undertaking and applying the EU acquis,
3- Establishing and strengthening the dialogue with civil society and in this regard undertake a communication strategy aimed at both the European and the Turkish public.
These three elements are being coordinated by the Ministry for EU Affairs by establishing distinct and specific mechanisms.
The launch of accession negotiations would not be possible unless Turkey had not met Copenhagen criteria to a certain degree. From then on, Turkey's progress is being closely watched by the EU.
Although economic criteria is not a subject in any of the negotiation chapters, the improvements in this area will present a point of importance due to its potential of being used as a criterion for the further opening of chapters. Therefore, it is Turkey's duty to provide a sustainable economic policy, reduce monetary imbalances and fight inflation with fiscal discipline.
Accession negotiations describe the time frame given for Turkey to adopt the EU acquis fully and effectively to her own legal system.
It contains the treaties on which EU was formed, the changes to these treaties, the treaties that the previously accessed countries signed, and the legislation enacted by the EU Commission, EU Council, European Community and EU Court of Justice.
The EU acquis refers to the total body of the EU law. It is composed of roughly one hundred and twenty thousand pages.
The EU acquis has been categorized under 35 chapters. These chapters are as follows;
1) Free Movement of Goods
2) Free Movement of Workers
3) Right of Establishment and Freedom to Provide Services
4) Free Movement of Capital
5) Public Procurement
6) Company Law
7) Intellectual Property Law
8) Competition Policy
9) Financial Services
10) Information Society and Media
11) Agriculture and Rural Development
12) Food Safety, Veterinary and Phytosanitary Policy
13) Fisheries
14) Transport Policy
15) Energy
16) Taxation
17) Economic and Monetary Policy
18) Statistics
19) Social Policy and Employment
20) İşletme ve Sanayi Politikası
21) Trans-European Networks
22) Regional Policy and Coordination of Structural Instruments
23) Judiciary and Fundamental Rights
24) Justice, Freedom and Security
25) Science and Research
26) Education and Culture
27) Environment
28) Consumer and Health Protection
29) Customs Union
30) External Relations
31) Foreign, Security and Defense Policy
32) Financial Control
33) Financial and Budgetary Provisions
34) Institutions
35) Other Issues
The accession negotiations have begun with the first stage of the process, "screening". The main contributors to this process are Turkish bureaucrats and the EU Commission members. The main purpose of screening is to speed up the accession process. It is the process in which information on the legislation under the acquis is provided, the differences between EU legislation and legislation of the candidate country is determined, and a broad calendar of the accession process and the potential obstacles that may get in the way of this process are determined.
Shortly after the EU Accession Negotiations was launched on 3 October 2005, Screening Process was started with a meeting on the Chapter "Science and Research" on 20 October 2005. Screening Process for all negotiation Chapters was completed on 13 October 2006.
Upon the completion of the screening process for a given chapter, the EU Commission provides the member States a screening report. The assessments and propositions in this document play the vital role of determining whether the chapter is ready to be opened. In these reports the EU commission reviews the information given by Turkey during the screening process and according to this information decides whether Turkey is ready for the opening of the specific chapter. At the end of this document the EU Commission either suggests the opening of the chapter according to the given information or it presents opening benchmarks to be fulfilled in order for this chapter to be opened.
Details of the Chapter of Acquis:
Content of Chapter
The free movement of goods chapter is one of the four fundamental freedoms of European Union. In this context, the aim is the free circulation of industrial goods that are placed on the internal market of the Union by member states and industrial goods that are imported to the Union according to specific rules without any technical barrier on trade within the Union.
In order to enable free movement of goods; the alignment of technical legislation and the establishment of necessary infrastructure including the public laboratories that control conformity of products in the market and third-party bodies (conformity assessment bodies and notified bodies) that perform testing and certification of products before being placed on the market are required.
Content of Chapter
The free movement of workers concept means the free circulation of labour like other economic factors in EU single market without any barrier. The free movement of workers is one of the fundamental principles guaranteed by the European Union.
Legislation under this chapter arranges EU citizen’s right to work for a job in another Member State without being subject to nationality-based discrimination on the subject of working conditions, social aids and taxation.
Content of Chapter
Right of Establishment and Freedom to Provide Services is one of the four freedoms (free movement of goods, services, people and capital) of single market. It covers industrial, craftwork and commercial activities, as well as the activities pursued by self-employed persons. This chapter consists of three main areas:
1. Directive regarding right of establishment and provision of services
2. Directives regarding recognition of professional qualifications
3. Directives regarding postal services
Content of Chapter
The freedom of capital movement is one of the four fundamental freedoms alongside free movement of goods, persons, and services to assist the operation of the EU internal market. Chapter 4- Free Movement of Capital sets out the principles in order to ensure full liberalisation in the field of capital movements and payments as well as payment systems. In addition, it includes measures to prevent usage of the financial system for the purpose of money laundering and terrorist financing. Free Movement of Capital is crucial for an open, integrated, competitive and effective financial market and financial service structure throughout Europe.
Content of Chapter
In addition to the general principles on transparency, equal-treatment, free competition, non-discrimination, EU acquis on public procurement covers implementations of common specific procedures on public works contracts, public supply contracts and public service contracts that are made by public institutions in the European Union and the rules on complaint and investigation.
Content of Chapter
The Company Law legislation comprises of two main components: "company legislation" and "accounting and auditing".
The rules regarding companies include the main principles on registries, mergers, divisions, impediments, branches, shareholders, and receivables. The rules on accounting and auditing regulate the balance sheets of limited liability and joint-stock companies and financial reporting, auditing and accounting principles.
Content of Chapter
Legislation on intellectual property law consists of two subheadings as copyrights and industrial property rights.
Copyrights legislation consists of the legislation aiming at protecting the rights of right holders creating all kinds of intellectual and artistic works, as well as the related rights of performers, producers of phonograms, radio and television broadcasters and film producers.
Content of Chapter
The purpose of European Union Competition Policy and related acquis is to establish an internal market where economic actors operating in member states compete in equal conditions.
Through competition policy, European Union put into effect restrictive rules for the unlawful limitations on competition in order to enable effective functioning of market economy. These rules form a system providing continuation of competition in the internal market.
Content of Chapter
The acquis in the field of financial services (Chapter 9) includes rules for the authorisation, operation, and supervision of financial institutions in the areas of banking, insurance, supplementary pensions, investment services and securities markets, in order to ensure the stability of and fair competition between financial institutions.
This chapter covers four main areas: banking and financial conglomerates, insurance and occupational pensions, financial markets infrastructure, securities markets, and investment services. Also, the issues of protection of consumers of financial services are regulated, as well as the way of cooperation between the supervision bodies for the financial market.
Content of Chapter
The internet and digital technologies have been changing our World rapidly every passing day. For that reason, the European Commission is determined to harmonise the EU Single Market with digital era. The acquis regarding digital transformation is under the Information Society and Media - Chapter 10 for all EU candidate countries.
Content of Chapter
Agriculture and Rural Development acquis covers mainly the aids (also adapted in respect of different products) granted to farmers and other actors (e.g. processors) in agriculture, productions quotas for some products, import restrictions and tariffs. Acquis also covers EU Rural Development Policy that introduces measures aiming to meet the needs of the agricultural and rural community with less income levels, to diversify their incomes, and to establish the basis for implementation of this policy such as planning, programming, monitoring and evaluation, financial management and control, and systems and administrative structures.
Content of Chapter
This chapter consists of three sub-titles:
- Food safety:
Food safety acquis covers legislations on the protection of consumers, hygiene and presentation rules, mechanisms ensuring food safety and official controls. In addition, there are more strict rules for treatment of food and placing on the market particularly hygiene criteria for animal products.
- Veterinary:
Veterinary legislation which is an important part of the Acquis in the agricultural field mainly covers legislations concerning livestock and intracommunity trade of animal products, eradication and control of animal diseases, technical and administrative rules for third countries’ products and controls on products of animal origin.
- Phytosanitary:
Under this sub-title, rules on the control of harmful organisms, use of plant passports in trade, authorization of pesticides, quarantine measures, residues of pesticides in products of plant origin, quality of seed and seedling and marketing of these products.
Content of Chapter
The acquis in this chapter provides rules for the conservation of living aquatic resources and management of the fleet capacity; control and enforcement; structural actions for operators in the sector and thus the management of EU Fisheries Fund; implementation of common marketing standards and common organisation of the market in fisheries and involvement of producer organisations in enforcement of these rules.
As it is very important in identification of these rules, special emphasis is given to assessment of existing fish stocks and collection reliable data on fisheries sector.
Content of Chapter
The Transport Policy chapter includes the following topics:
- Road Transport
- Rail Transport
- Maritime Transport
- Air Transport
The main areas regulated by the EU Transport Policy Chapter are as the following;
The main principles of road transport policy are creating a sustainable, efficient, secure, and safe road transport system via decreasing its negative environmental effects. In framework of these principles, the EU aims to promote efficient transport of passengers and goods via road, enabling fair competition, harmonizing safer and more environmentally friendly technical standards, providing a minimum level for financial and social harmonization, and non-discriminatory implementation of road transport rules of the Union.
EU rail transport legislation regulates the areas of market liberalization, interoperability and institutional framework, rail safety, and access to infrastructure, internal market, freight transport, passenger rights, employment and working conditions of the sector.
Due to global dimension of maritime transport, this mode is mostly regulated by participation to, or transposition of international conventions adopted by International Labor Organization (ILO) in working conditions or International Maritime Organization (IMO) in the other areas of maritime transport. Within the framework of EU maritime legislation, the issues of market access conditions and fair competition, state aid in maritime sector, maritime safety, and security, working conditions and protection of marine environment are regulated.
Finally, acquis on air transport covers the issues such as; access to the market, air traffic management,aviation safety, aviation security, environment, ground handling, protection of consumers. With these legislation, the EU aviation sector became a free and harmonized market.
Content of Chapter
European Union Policy on Energy
The EU energy policies are based on three principles:
EU aims to have a balance between these objectives while establishing energy policies. The EU legislation lays out the basis for competitive, qualified, diverse and cost effective energy market. This would pave the way for a more organized and efficient way of reaching various sectors for the use of energy. According to the EU legislation, common rules apply to market access, organization, operation, tender procedures and authorization methods. Liberalization in the electricity and gas sectors provides opportunities for investments by private sector actors.
In order to address the challenges of climate change, developing sustainable energy policies is one of the main components of the EU’s energy policies. With the approval of the Council, the European Commission has set three goals to address the energy challenges by the year 2020:
- To reduce energy consumption by 20%
- To increase the share of renewable energy resources by 20% and to increase the use of biofuels in transport by at least 10%
- To reduce greenhouse gas emissions by 20%
Content of Chapter
The chapter consists of approximation of Turkey’s tax legislation with that of the EU on direct taxes (Personal Income Tax and Corporate Income Tax); harmonization of indirect taxes (Value Added Tax-VAT and Excise Duties); elimination of double taxation and prevention of tax evasion as well as administrative cooperation on tax matters.
Content of Chapter
The Chapter on Economic and Monetary Policy mainly covers the independency of central banks in Member States, prohibition of monetary financing of public sector by central banks and prohibition of privileged access of the public sector to financial institutions.
In addition to the legislation in this area, alignment with the principle of open market economy based on free competition, single currency policy and the price stabilization targets compose the basis of this chapter.
Content of Chapter
The acquis in the field of statistics requires the existence of a statistical infrastructure based on principles such as impartiality, reliability, transparency, confidentiality of individual data and dissemination of official statistics. National statistical institutes act as reference and anchor points for the methodology, production, and dissemination of statistical information. In this respect, national statistical offices are expected to align with the European Statistical System (ESS) which refers to the partnership between Statistical Office of the EU (Eurostat) and the national statistical offices and aims to the production of comparable statistics at the EU-level, on the subjects listed below:
• Producing comparable statistics for member states and candidate countries in terms of definition and methodology, • Adopting EU standards related to definition, methodology, classification, publication frequency, etc. • Using coherent and comparable statistical data in the negotiation process.
Content of Chapter
Chapter 19- Social Policy and Employment aims at increasing employment, improving working and living conditions, establishing social protection mechanisms at appropriate level, promoting dialogue with social partners, developing human resources in order to ensure sustainable employment, combating poverty and social exclusion and providing equal opportunity for men and women.
In this context, this chapter includes policy areas such as labour law, occupational health and safety, equality between women and men, anti-discrimination, social dialogue, employment, social inclusion, and protection.
Current Stage of the Negotiations on the Chapter
In the period of German Presidency of the European Union Council (19 January 2007), two opening benchmarks were determined to be fulfilled to be able to open negotiations for this chapter.
The first benchmark is about ensuring full trade union rights in line with EU standards and relevant ILO conventions as regards the right to organize, the right to strike and the right to bargain collectively both in public and private sectors.
Second benchmark is the submission of an action plan for the gradual implementation and enforcement of the relevant acquis for the benefit of the entire workforce.
Regarding the first benchmark, two laws were enacted to ensure full trade union rights in line with EU standards. The Law on Trade Unions and Collective Labour Agreements numbered 6356 entered into force upon its publication in the Official Gazette No. 28460 of 07 November 2012. The Law amending the Public Servants’ Trade Unions Act entered into force upon its publication in the Official Gazette No.28261 of 11 April 2012.
Concerning the second opening benchmark, the action plan was prepared and sent to the European Commission.
Content of Chapter
EU’s enterprise and industrial policy has three policy sets; namely, enterprise policy, industrial policy, and sector specific measures that aim at enhancing competitiveness. The acquis under this chapter is mostly composed of policy principles established by Commission communications, recommendations and Council decisions that do not require harmonization.
These principles aim at ensuring structural adjustment, creating the best environment for business, increasing internal and external investments, supporting small and medium sized enterprises (SMEs), research and development (R&D)/innovation activities and entrepreneurship. In this respect, enterprise and industrial policy chapter crosscuts different horizontal policy areas.
Content of Chapter
The purpose of Trans-European Networks (TEN) policy is to integrate an interoperable European infrastructure in the areas of Transport, Energy and Telecommunication, and in this regard to identify technical standards and priority projects of common interest and develop financing instruments for the implementation of these infrastructure projects. The basic aim of the TEN policy is to create single market for these three sectors and thus to facilitate the functioning of the European Single Market.
Content of Chapter
The European Union developed its “Regional Policy” in order to decrease socio-economic disparities among member states and among regions in the same country, and to ensure both socio-economic integration and cohesion. “Coordination of Structural Instruments” covers establishment of institutional and administrative structures and implementation of general regulations and specific regulations related to each Structural Funds and Cohesion Fund which are the financial instruments of EU.
Content of Chapter
EU policies in the area of judiciary and fundamental rights aim to maintain and further develop the Union as an area of freedom, security and justice. In this regard, the establishment of an independent and efficient judiciary is of paramount importance and impartiality, integrity and a high standard of adjudication by the courts are essential for safeguarding the rule of law. Legal guarantees for fair trial procedures and effective fight against corruption are among the conditions for membership. At the end of the accession negotiations candidate countries must ensure respect for fundamental rights and freedoms as guaranteed by the acquis and by the Fundamental Rights Charter.
Content of Chapter
EU policies aim to maintain and further develop the Union as an area of freedom, security, and justice. On issues such as border control, visas, external migration, asylum, police cooperation, the fight against organised crime and against terrorism, cooperation in the field of drugs, customs cooperation and judicial cooperation in criminal and civil matters, Member States need to be properly equipped to adequately implement the growing framework of common rules. Above all, this requires a strong and well-integrated administrative capacity within the law enforcement agencies and other relevant bodies, which must attain the necessary standards.
Content of Chapter
The acquis in Chapter 25-Science and Research, requires the Member States to ensure the necessary implementing capacities to pursue the Community objectives and activities in the field of research and technological development. This Chapter does not require transposition of EU rules into the national legislation.
The implementing capacity in the context of Science and Research Chapter is related with the existence of the necessary conditions for the efficient participation of Turkish Research Area to Community Programmes.
Content of Chapter
Education, youth, sport and cultural policies are primarily under exclusive competence of the Member States, the EU envisages to promote cooperation within the framework of common policies such as increasing the quality of education, educational attainment, employability, cultural dialogue, preserving the cultural richness, common cultural heritage and to strengthen and support cooperation activities between member states (Treaty on the Functioning of the EU Article 165-167).
The acquis related to this chapter consist of recommendations, EU Council conclusions, actions plan policy programmes and strategy papers and a Directive on education of the children of migrant workers. Additionally, Member States are expected to have the necessary implementing capacity in place to participate effectively in the EU Programmes (such as Erasmus+) related to this Chapter.
Content of Chapter
Environmental acquis comprises legal arrangements on air quality, water quality, waste management, nature protection, industrial pollution control and risk management, chemicals, noise, and climate change as well as horizontal issues covering all areas of environmental management in general. Furthermore, environmental acquis also includes several international agreements. Alignment with the environmental acquis and its implementation require serious investment.
Content of Chapter
The Chapter consists of two headings: consumer protection and public health.
Consumer protection legislation includes rules on defective products, misleading advertisements, consumer credits, doorstep selling and distance selling etc. EU consumer policy also covers general product safety as well as rules for the protection of economic benefits of consumers. The aim of general product safety is that products placed in the market should comply with the products safety requirements defined in their relevant technical legislation and thus they should not threaten consumer health.
Public health comprises areas like, communicable diseases, organs, blood and blood components, tissue and cells, tobacco products related harms, effects of electromagnetic fields to human health, cancer, nutrition, and mental health.
Content of Chapter
The Customs Union chapter includes the regulations regarding the proper functioning of the European Union customs area and the protection and control of the external borders of the Union in the entry and exit of goods.The main regulations in this context are the European Community Customs Code and implementing regulations, as well as the export of pirated and counterfeit goods, substances used in drug production and cultural goods in terms of customs.
Content of Chapter
The Foreign Relations Chapter covers the economic and commercial relations of the Union with third countries and international organizations and the regulations regarding international cooperation and assistance. The acquis in this area mainly consists of legislation that directly binds member states and therefore does not need to be transposed into national law.
Content of Chapter
The acquis related to this chapter is based on legal acts under the EU's Common Foreign and Security Policy (CFSP) and indirectly on legally binding international agreements. This acquis is also based on political declarations and agreements made to maintain the political dialogue within the framework of the CFSP, to be in line with EU declarations and, where necessary, to impose sanctions and restrictive measures.
Content of Chapter
The acquis in the field of financial control concerns the adoption of internationally accepted and EU-compliant public internal financial control principles, standards and methods that will apply to the internal control systems of the entire public sector, including the expenditure of EU funds. The acquis requires effective and transparent financial management and control systems.Administratively, it requires the existence of an operationally and financially independent external audit organization that will evaluate the organizational structures related to independent internal audit systems and the quality of newly established public internal financial control systems.This chapter also includes the acquis on the protection of EU financial interests and the fight against fraud related to EU funds.
Content of Chapter
This chapter covers the rules regarding the financial resources (own resources) required for financing the EU budget.These resources are mainly; consists of customs duties, agricultural taxes and sugar taxes. Customs taxes are derived from the application of the EU Customs Legislation and agricultural taxes from the implementation of the Common Agricultural Policy rules on imports of agricultural products from third countries. Member states collect these resources on behalf of the EU. In addition, member state contributions based on traditional own resources calculated based on Value Added Tax and gross national income level are also found under this chapter.
Content of Chapter
The representation rates of the candidate country in EU institutions such as the Commission, Council or Parliament are decided.It is addressed at the end of the negotiations. It is a chapter without a screening meeting as it does not require legislative harmonization.
Content of Chapter
Issues not covered by chapter 33 in this chapter (for example, under which protocol the candidate country will benefit from the European Development Funds, the payments to be made to the European Central Bank, how the candidate country will benefit from safeguards, pre-accession funds and structural funds, for how many years, or unilateral declarations) may take place.Example: Malta's declaration that its accession to the EU's Common Foreign Security and Defense Policy does not compromise its neutrality. It is a chapter without a screening meeting as it does not require legislative harmonization.