1 Turkish accession to
the European Union
| (26011)
13244/04
COM(04) 656
+ ADDs 1 and 2
| Commission Communication: Recommendation of the European Commission on Turkey's progress towards accession
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| Legal base | — |
| Document originated | 6 October 2004
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| Deposited in Parliament | 13 October 2004
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 25 October 2004
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| Previous Committee Report | None
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| To be discussed in Council | 17 December 2004 European Council
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| Committee's assessment | Politically important
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| Committee's decision | For debate in Standing Committee B
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Background
1.1 For long periods of European history Turkey has been a major
factor in European politics. Turkey is a member of all other important
European organisations and has, since the Second World War, played
an important role in contributing to the shaping of European policies.
1.2 EU-Turkey relations also have a long history.
In 1963 Turkey and the EEC entered into an Association Agreement
containing the possibility of membership. In 1995, a customs
union was formed and, in Helsinki in December 1999, the European
Council decided that Turkey was a candidate for accession to the
EU. The Copenhagen European Council in December 2002 concluded
that "if the European Council in December 2004, on the basis
of a report and a recommendation from the Commission, decides
that Turkey fulfils the Copenhagen political criteria,[1]
the European Union will open accession negotiations with Turkey
without delay". These conclusions were reaffirmed by the
European Council in Brussels in June 2004.
The Commission Communication
1.3 Within the limits of the mandate received in
Copenhagen in 2002, the Communication contains the recommendation
from the Commission and, in an annex, the conclusions of the Regular
Report on Turkey (ADD1). The Regular Report records Turkey's
progress towards accession over the past twelve months and Turkey's
track record in respect of the political and economic criteria
for accession since the decision by the Helsinki European Council
in 1999. The Commission has also prepared an assessment of "Issues
arising from Turkey's membership perspective", which is presented
in this Communication (as ADD2). As the Communication notes,
the recommendation — that accession negotiations be opened
— and the accompanying documents "will provide a basis
for a decision of the European Council of general political importance
for the future of the European Union".
1.4 On this basis, a strategy is presented consisting
of what the Commission describes as three pillars:
- first, cooperation to reinforce
and support the reform process in Turkey, in particular in relation
to the continued fulfilment of the Copenhagen political criteria.
This would be based on a revised Accession Partnership, setting
out priorities in particular for the reform process, and an upgraded
pre-accession strategy;
- secondly, a number of preliminary indications
of the specific conditions for the conduct of accession negotiations,
if such a decision is taken by the European Council in December;
and
- thirdly, a substantially strengthened political
and cultural dialogue bringing people together from EU Member
States and Turkey.
1.5 The Regular Report, the assessment of issues
arising from Turkey's membership and the Recommendation are fully
and helpfully analysed in the Explanatory Memorandum of 25 October
from the Minister for Europe (Mr Denis MacShane):
Regular Report (SEC (2004) 1201)
"The European Commission has an annual commitment
to producing assessments of the EU candidates' progress towards
accession. The 2004 Regular Report on Turkey examines Turkey's
progress over the last year against the Copenhagen political and
economic criteria and alignment with the acquis. It notes that
there has been 'substantial institutional convergence in Turkey
towards European standards' and that the reform process has
created a 'growing consensus in favour of liberal democracy'.
A summary of the report is attached to this Explanatory Memorandum.[2]
"The principal interest in the Regular Report
is the assessment of Turkey's progress against the political criteria.
The Regular Report recognises Turkey's considerable progress in
a number of areas in 2004:
- Adoption of a new Penal Code,
advancing freedoms of expression, religion and demonstration and
particularly strengthening women's rights.
- Abolition of the State Security Courts, replaced
with civilian equivalents (see p25 of Regular Report).
- Confirmation of the primacy of international
human rights conventions over domestic law.
- Domestic court judgements on the Kurdish language,
freedom of expression, and torture, taking into account case law
of the European Court of Human Rights (ECtHR).
- Government statements of zero tolerance on torture
and its perpetrators.
- Start of broadcasting and teaching in minority
languages (including Kurdish).
- Programmes initiated to return internally displaced
persons (IDPs) to their villages, mainly in the South-East.
- Turkey's constructive role in supporting the
efforts of the UN Secretary General to find a comprehensive Cyprus
settlement, and improving relations with Greece.
Issues arising from Turkey's membership perspective
(SEC (2004) 1202)
"Accompanying the Regular Report, the Commission
also produced a Staff Working Document on the issues arising from
Turkey's membership perspective. The document is not a factor
for consideration at the December European Council. It states
(p.3) 'The assessment primarily addresses the effects of Turkey's
integration in EU policies. The considerations in the present
paper do not constitute additional criteria or conditions to be
fulfilled in view of the December decision of the European Council.
However the issues examined are relevant to the consideration
expressed by the 1993 Copenhagen European Council on the capacity
of the European Union to absorb new members.'
"The impact assessment examines the implications
of Turkey's future membership for the EU's policies on security
and defence, economy, internal market, agriculture and fisheries,
regional and structural policy, justice and home affairs, institutions
and budget. It concludes that accurate predictions are impossible
while accession is still many years away. Although Turkey's accession
would be challenging for both parties, it would offer important
opportunities for both. A summary of the impact assessment is
attached to this Explanatory Memorandum.
Recommendation (COM 656 final)
"The Recommendation of the European Commission
on Turkey's progress towards accession is the key communication
from the Commission to the Council and the European Parliament.
Its main conclusion is:
'In view of the overall progress of reforms...
the Commission considers that Turkey sufficiently fulfils the
political criteria and recommends that accession negotiations
be opened.'
"The recommendation recalls the history
of EU-Turkey relations, recommends the opening of negotiations
and proposes several areas for taking EU-Turkey relations forward.
In addition to the recommendation above, the main points of interest
include:
- 'The Law on Associations, the
new Penal Code, the Law on Intermediate Courts of Appeal have
not yet entered into force. The decision on the Code of Criminal
Procedure, the legislation enabling the judicial police and the
law on execution of punishments are still to be adopted.' Turkey
has passed much of this legislation — for instance the Penal
Code is due to come into force on 1 April 2005 — and other
pieces are in preparation for parliament.
- 'This is an open-ended process whose outcome
cannot be guaranteed'. This is a statement of fact, since the
Commission is recommending the opening of negotiations, not accession.
Candidate countries and member states have the opportunity to
confirm or reject accession in the ratification of the final Accession
Treaty.
- 'The irreversibility of the reform process, its
implementation, in particular with regard to fundamental freedoms,
will need to be confirmed over a longer period of time'. 'A general
review of the way in which political reforms are consolidated
and broadened will take place on a yearly basis starting from
end 2005. To this end the Commission will present a first report
to the European Council in December 2005.' This continued monitoring
is applicable to all EU candidate countries, and the review envisaged
is through the annual Regular Report.
- 'The Commission expects a positive reply from
Turkey to the draft protocol on the necessary adaptations transmitted
in July 2004'. This refers to the extension of the EC-Turkey Customs
Union to the new member states.
- 'Preparations will last well into the next decade'.
This is informally recognised by Turkey and the EU, although prejudging
the date of accession would prejudge the rate of progress of negotiations.
- 'In line with the Treaty on European Union and
the Constitution for Europe, the Commission will recommend the
suspension of negotiations in the case of a serious and persistent
breach of the principles of liberty, democracy etc. The Council
should be able to decide on such recommendation by a qualified
majority'. This clause applies to all member states, and is also
included in the pre-accession strategy for Croatia.
- 'In the case of free movement of persons permanent
safeguards can be considered. The Commission will refine its analysis
in the course of negotiations before presenting a concrete approach
for each of these issues.' This is only a proposal, which the
Commission rightly judges should be debated in the course of negotiations.
- 'Accession negotiations should proceed through
a more rigorous process of benchmarking and implementation.'
The recommendations for a reinforced negotiating process are the
result of lessons learned from previous enlargement. They will
apply to all future enlargement candidates."
The Government's view
1.6 The Minister says that:
"The Government welcomes the reports and
recommendation on Turkey. The Government supports the Commission's
view that Turkey has fulfilled the Copenhagen political criteria,
and should start negotiations for membership. The continuing positive
trend described in detail in the Regular Report demonstrates Turkey's
commitment to the reform process. Successive European Councils
have confirmed that the decision in December is based on whether
Turkey has fulfilled the political criteria. The Commission report
and recommendation is a clear assessment that Turkey has done
so.
"The Government supports the Commission
recommendation that the accession process should be reinforced.
It is in the interest of all parties in the enlargement process
that the accession country is fully prepared to take on the obligations
and opportunities of EU membership. The Government considers that
the Commission's recommendations in this area should apply to
all enlargement candidates.
"The Government agrees that the additional
factors raised by the Commission will have to be taken into account
during the course of negotiations. The Commission recognises that
negotiations will take some years, probably into the next decade.
Therefore any decisions, for example on free movement of persons,
workers, financial transfers or the Common Foreign and Security
Policy, must be debated during negotiations on the basis of the
circumstances at the time of Turkey's accession."
Conclusion
1.7 The Commission Communication and the Minister's
Explanatory Memorandum describe and analyse clearly the commitment
of all concerned, the strides made and the obstacles yet to be
overcome. And, as the Commission notes, "all this is an
open-ended process whose outcome cannot be guaranteed".
Nonetheless, as the Commission also notes, with a conspicuous
understatement, the decision of the European Council in December
will be "of general political importance for the future of
the European Union".
1.8 We agree, and accordingly recommend that,
in view of the widespread political and public interest in this
matter, the Communication and its annexes should be debated in
European Standing Committee B.
ANNEX 1
THE GOVERNMENT'S SUMMARY OF THE COMMISSION'S 2004
REGULAR REPORT ON TURKEY
POLITICAL CRITERIA
The Report notes "substantial institutional
convergence in Turkey towards European standards", the reform
process having "clearly addressed major issues and highlighted
a growing consensus in favour of liberal democracy".
Key reforms to the judicial system
in 2004 include: the abolition of State Security courts; the adoption
of a new Penal Code; and, the pronouncement of the primacy of
international human rights conventions over domestic law. Progress
has also been made on aligning the rights of the defence with
European standards. Recent reforms also shift the balance of civil-military
relations towards civilians.
Turkey has made increased efforts to comply with
the decisions of the European Court of Human Rights,
notably in the case of Leyla Zana. During 2003-2004, all judges
and prosecutors received training on the European Convention for
the Protection of Human Rights and Fundamental Freedoms (ECHR)
and the case law of the European Court of Human Rights (ECtHR).
The Court of Cassation has delivered important judgements applying
reforms on use of the Kurdish language, re-trial, torture and
freedom of expression. In June 2004, the Parliamentary Assembly
of the Council of Europe voted to end its monitoring of Turkey.
The Commission concludes that "considerable
efforts have been made to strengthen the fight against torture",
that "torture is no longer systematic", and that "the
Government's efforts to implement the legislative reforms have
led to a decline in instances of torture". Legislative measures
have been introduced, including in the new Penal Code, to combat
the impunity of the perpetrators of torture. But torture and ill-treatment
still occur. The prison system has improved significantly, and
a number of recommendations made by the Council of Europe's Committee
for the Prevention of Torture have been implemented.
Despite some progress, "there are
still a significant number of cases where non-violent expression
of opinion is being prosecuted and punished". The
judiciary is increasingly relying on ECtHR rulings as a basis
for its judgements. Constitutional amendments have strengthened
the freedom of the press, though the frequency of prosecutions
against journalists remains a concern. The new Penal Code narrows
the scope of some articles that were used in the past to convict
individuals expressing non-violent opinion.
Freedom to worship is largely unhampered,
but non-Muslim religious communities continue to experience problems
relating to legal personality, property rights, training, education
and interference in their management. The Commission urges the
Turkish Government to adopt appropriate legislation to address
these difficulties.
A number of reforms have strengthened women's
rights: provision in the Constitution of equality of men
and women; a Government circular with a view to ensuring gender
equality when recruiting for the public services; and measures
introduced in the new Penal Code e.g. to address "honour
crimes" and sexual assault. But "despite legal and
practical initiatives to tackle the problem of discrimination
and domestic violence, this remains a major problem".
During 2004, broadcasting and teaching
in minority languages (including Kurdish) started. Other
positive developments include: authorising the Newroz celebrations,
to mark the beginning of spring; a Court ruling in December 2003
allowing posters in the Kurdish language; and, in July 2004 the
Court of Cassation overruled the sentencing of a politician to
6 months imprisonment for using Kurdish during a press conference.
The Commission concludes that "such progress is significant",
but that "there are still considerable restrictions on the
exercise of cultural rights, including in the areas of broadcasting
and education".
Since January 2003, approximately one third of
all internally displaced persons (IDPs) have returned
to their villages. The return of IDPs is hampered by the relative
economic underdevelopment of the East and Southeast, the village
guard system, and the absence of basic infrastructure. The Turkish
Government is yet to adopt a strategy to reduce regional disparities
and address the socio-economic needs of the region. A law compensating
those who had been affected by terrorism was passed in July 2004.
Cyprus
Throughout the last round of negotiations, the
Turkish Government played a constructive role in supporting the
efforts of the UN Secretary General to find a comprehensive Cyprus
settlement. This was recognised by the June European Council,
which also called on Turkey to extend the Customs Union to all
EU25 member states.
Peaceful settlement of border disputes
Since 1999, bilateral relations between Turkey
and Greece have improved dramatically. This has included visits
by Erdogan and Karamanlis;[3]
26 meetings at senior official level on Aegean issues since 2002;
and agreement for the prevention of double taxation.
ECONOMIC CRITERIA
Greater economic stability since the crises in
1999 and 2001. Between the first quarter of 2002 and 2004, economic
growth reached 7.1% annually. During first half of 2004, consumer
inflation was at 12%. But unemployment remains high, 13.8% in
urban areas and 6.5% in rural areas. Alignment with the acquis
will depend on existence of market economy and a stable macroeconomic
framework. Priority needs to be given to: restructuring of state
enterprises; greater protection of intellectual property rights
to encourage FDI [foreign direct investment]; better regulation
of the banking sector; and increased investment in infrastructure.
ALIGNMENT WITH ACQUIS
Progress remains at an early stage in many chapters.
ANNEX 2
THE GOVERNMENT'S SUMMARY OF THE COMMISSION'S 2004
ASSESSMENT OF THE IMPACT OF TURKISH MEMBERSHIP
Turkey's accession to the EU would be challenging
for both parties. If well managed it would offer important opportunities
for both.
Geo-political dimension:
As a strategically important country, Turkey's membership would
give the EU more weight in the region, but would also bring the
EU into more direct contact with its difficult political and security
problems. Turkey's strong defence and crisis management credentials
provide favourable conditions for alignment and inclusion in CFSP
and ESDP structures.
Economic dimension: Overall
impact on the economies of the EU25 would be positive, but relatively
small. Turkey would benefit from increased trade, greater FDI
inflows and increased productivity resulting from implementation
of structural reforms in line with the more competitive EU internal
market.
Internal market and related policies:
Full adoption of the internal market rules by an emerging economy
the size of Turkey is in the interests of the EU. Benefits depend
on full compliance with existing Customs Union obligations and
more horizontal reforms such as strengthening corporate governance,
intensifying the fight against corruption and significantly improving
the functioning of the judiciary. Migration is hard to predict,
influenced by both pull factors such as wage differentials between
Turkey and the EU25, and push factors such as the labour market
situation in Turkey itself. Sustained progress in areas such as
social policy, employment, health and education could reduce the
pressure for migration.
Agriculture, veterinary and phytosanitary issues,
fisheries: Agriculture would need special
attention. Import protection remains high but an ongoing agricultural
reform programme has had a positive impact. Deeper analysis is
needed to assess to what extent the present CAP system could cope
with Turkey's accession. Improvement in veterinary standards needed
to eradicate contagious and transmissible animal diseases currently
endemic in the animal population.
Regional and structural policy:
Structural problems represent a major challenge for cohesion policy,
of a similar scale to the A10 enlargement. Turkey's low level
of GDP per head and wide regional disparities would require significant
support from the Structural and Cohesion Funds over a long period
of time. A number of EU regions benefiting from Structural Funds
support would lose their eligibility upon Turkey's accession.
Phasing out agreements might need to be considered.
Justice and home affairs:
Accession would provide an opportunity to intensify cooperation
on border management, visa regulation, illegal immigration and
organised crime including corruption and drug trafficking. The
implementation of political reforms, especially in the south-east,
is likely to reduce significantly the number of applications for
asylum.
Institutional and budgetary aspects:
In the Council, Turkey would have an important voice as its population
share will be reflected in the decision making process. There
would be less impact on the Commission given the planned reduction
of members of the Commission from 2014 onwards. Predictions of
the financial impact of Turkey's accession on the EU budget are
highly uncertain, however it is clear the impact will be substantial.
The hypothetical net cost of Turkey's membership in 2025 would
correspond to between 0.1% and 0.17% of EU25 GDP at that time
— around 16.5 to 27.9 billion Euros.
1 "The Copenhagen criteria" state that: "membership
requires that the candidate country has achieved stability of
institutions guaranteeing democracy, the rule of law, human rights
and respect for and protection of minorities, the existence of
a functioning market economy as well as the capacity to cope with
competitive pressure and market forces within the Union. Membership
presupposes the candidate's ability to take on the obligations
of membership including adherence to the aims of political, economic
and monetary union." They were adopted by the Copenhagen
European Council on 1 June 1993. Back
2
See Annex 1 to para 1 of this Report. Back
3
The Prime Ministers of Turkey and Greece respectively. Back
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