15. We consider that the following raises questions of political importance,
but make no recommendation for its further consideration at this stage:--
Department of Trade and Industry
17786
12972/96
COM(96)677
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Draft Decision on a common Community position within the EC-Turkey
Association Council establishing the list of Community instruments abolishing technical barriers
to trade and the conditions and arrangements governing their implementation by Turkey. |
| Legal base: |
Article 113; qualified majority voting. |
Background
15.1 On 6th March 1995, the EC/Turkey Association Council agreed a draft Decision
establishing the rules for implementation of the final phase of Customs Union from 1 January 1996.
Article 8 of the Decision provided that, within five years of the entry into force of the Decision,
Turkey should incorporate into its internal legal order the Community instruments relating to
removal of technical barriers to trade. Article 8.2 provided that the list of instruments and the
conditions and detailed arrangements governing their implementation by Turkey should be laid down
by a separate Decision of the Association Council within one year of the entry into force of the
Decision. The draft instrument fulfils this requirement. The list of instruments specified includes
all the internal market legislation relating to technical barriers to trade in goods.
The Government's view
15.2 In his Explanatory Memorandum, dated 23 December, the Minister for Trade (Mr
Nelson) tells us that there are no new policy implications arising from this proposal. Turkey's
acceptance of Community measures in respect of technical barriers to trade is an obligation imposed
by the Association Council Decision on customs union which entered into force on 1 January 1996.
15.3 In a letter dated 19 December the Minister informed us that the UK would not
impose a scrutiny reserve when the draft Decision was considered by the Fisheries Council at its
meeting on 19 and 20 December. We have subsequently been informed by the Department that, in the
light of the emergence of Turkish problems with the text of the proposal and in view of Member
States' complaints about the handling of the dossier by the Commission, it was not put to the
Council. A new date for its consideration has not been arranged.
Conclusion
15.4 The proposal comprises the draft formal Decision to which is annexed a long
list of internal market legislation of a technical nature. We consider that it raises matters of
political importance in view of the delicate state of relations between Turkey and the EU and
certain Member States in particular. We do not recommend a debate, but we ask the Minister to let
us know: what the problems were with the text; the nature of the complaints by the Member States;
and any further information he has about when the proposal is expected to come forward again. We
are not clearing the proposal in the meantime.
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