News Release
No. 136/04
October 6, 2004
EU COMMISSION RECOMMENDS TO START NEGOTIATIONS WITH TURKEY UNDER CERTAIN
CONDITIONS
On the basis of a comprehensive report assessing the situation as regards
human rights, democracy, the rule of law and the protection of minorities, the
European Commission today recommended to start accession negotiations with Turkey
provided that certain key legislation, which is in preparation, enters into force.
The Commission suggests a three-pillar strategy to approach the negotiations:
first, strengthened cooperation to reinforce and support the reform process in
Turkey; second, negotiations adapted to the specific
challenges related to Turkeys accession; and finally, third, a substantially strengthened
political and cultural dialogue bringing people together from EU Member
States and Turkey.
While convinced that the accession process will be essential in guiding further
reforms in Turkey, the Commission underlines that accession negotiations are by
their nature an open-ended process. The objective, accession, is clear but it
cannot be guaranteed beforehand. The Commission also presented an assessment of
the effects of a possible accession of Turkey to the European Union, which concludes
that such a prospect, while challenging for the EU and Turkey, could offer important
opportunities for both if it is well managed.
Meeting in Copenhagen
in December 2002, the European Council stated 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, the European Union
will open accession negotiations with Turkey without delay.” This was reaffirmed
by the European Council
in Brussels in June 2004. Today’s decision by the Commission follows this
request.
The main elements of the Commission’s recommendations
Turkey has substantially progressed in its political reform process, in particular
by means of far-reaching constitutional and legislative changes adopted over the
last years, in line with the priorities set out in the Accession
Partnership. However, the Law on Associations, the new Penal Code and the
Law on Intermediate Courts of Appeal have not yet entered into force. Moreover,
the Code on Criminal Procedure, the legislation establishing the judicial police
and the law on execution of punishments and measures are still to be adopted.
Turkey is undertaking strong efforts to ensure proper implementation of these
reforms. Despite this, legislation and implementation needs to be further consolidated
and broadened. This applies specifically to the zero-tolerance policy in the fight
against torture and ill-treatment and the implementation of provisions relating
to freedom of expression, freedom of religion, women’s rights, ILO [International
Labour Organisation] standards including trade union rights and minority rights.
In view of the overall progress of reforms attained and provided that Turkey brings
into force the outstanding legislation mentioned above, the Commission considers
that Turkey sufficiently fulfils the political criteria and recommends that accession
negotiations be opened. The irreversibility of the reform process, in particular
its implementation, will need to be confirmed over a longer period of time.
A strategy consisting of three pillars should be followed. The first pillar concerns
cooperation to reinforce and support the reform process in Turkey, in particular
in relation to the continued fulfilment of the Copenhagen political criteria.
In order to guarantee the sustainability and irreversibility of the political
reform process, the EU should continue to monitor progress of the political reforms
closely. This will be done on the basis of a revised Accession Partnership setting
out priorities for the reform process. A general review of progress of the political
reforms will take place on a yearly basis starting from end 2005. The pace of
the reforms will determine the progress in negotiations. The Commission will recommend
the suspension of the negotiations in case of a serious and persistent breach
of the principles of liberty, democracy, respect for human rights and fundamental
freedoms and the rule of law on which the Union is founded. The Council would
decide on such a recommendation with a qualified majority.
The second pillar concerns the specific way of approaching accession negotiations
with Turkey. Accession negotiations will take place in the framework of an Intergovernmental
Conference where decisions need unanimity and full participation of all EU
members. The negotiations will be complex. For each chapter of the negotiations,
the Council should lay down benchmarks for the provisional closure and, where
appropriate, for the opening of negotiations, including a satisfactory track record
of implementation of the acquis
[communautaire]. Existing legal obligations in line with the acquis
must be fulfilled before the opening of negotiations on related chapters. Long
transition periods may be required. In addition, in some areas, such as structural
policies and agriculture specific arrangements may be needed and, for the free
movement of workers, permanent safeguards can be considered. The financial and
institutional impact of Turkey’s accession will be important. The EU will need
to define its financial perspective for the period from 2014 before negotiations
can be concluded.
Furthermore, the Commission will monitor, during the negotiations, the ability
of the Union to absorb new members and to deepen integration, taking fully into
account Treaty objectives
as regards common policies and solidarity.
The third pillar entails a substantially strengthened political and cultural dialogue
bringing people together from EU Member States and Turkey. Civil society should
play the most important role in this dialogue, which should be facilitated by
the EU. The Commission will present proposals on how to support such a dialogue.
The Commission is convinced that the negotiation process will be essential in
guiding further reforms in Turkey. It is by its very nature an open-ended process
whose outcome cannot be guaranteed beforehand. Regardless of the outcome of the
negotiations or the subsequent ratification process, the relations between the
EU and Turkey must ensure that Turkey remains fully anchored in European structures.
Turkey’s accession would need to be thoroughly prepared in order to allow for
a smooth integration which does not endanger, but enhances, the achievements of
50 years of European integration.
Assessing issues arising from Turkey’s membership perspective
Parallel to the Regular Report on Turkey and its recommendation, the Commission
also presented a detailed Impact Study on “Issues raised by Turkey’s possible
membership in the European Union.” The Study concludes that the accession of Turkey
would be challenging for both the EU and Turkey. If well managed, it would offer
important opportunities for both. The necessary preparations for accession would
last well into the next decade. The EU will evolve over this period, and Turkey
should change even more radically. The acquis communautaire, i.e., the
whole body of EU policies and legislation, will develop further and respond to
the needs of an EU of 27 or more. Its development may also anticipate the challenges
and opportunities of Turkey’s accession.
For further information: http://europa.eu.int/comm/enlargement/report_2004/
Press Contacts: |
Anthony Gooch
202-862-9523
|
Maeve O'Beirne
202-862-9549
|
