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Council Decision

of 23 January 2006

on the principles, priorities and conditions contained in the Accession Partnership with Turkey

(2006/35/EC) (repealed)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 390/2001 of 26 February 2001 on assistance to Turkey in the framework of the pre-accession strategy, and in particular on the establishment of an Accession Partnership(1), and in particular to Article 2 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Regulation (EC) No 390/2001 provides that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership, as it will be submitted to Turkey, as well as on subsequent significant adjustments applicable to it.

(2) On that basis the Council adopted an Accession Partnership with Turkey in 2001 and 2003(2).

(3) The Commission's 2004 recommendation on Turkey stressed that the European Union should continue the monitoring of the political reform process and that a revised Accession Partnership should be proposed in 2005.

(4) In December 2004, the European Council concluded that the European Union will continue to monitor closely progress of the political reforms on the basis of an Accession Partnership setting out priorities for the reform process.

(5) On 3 October 2005, the Member States started negotiations with Turkey on its accession to the European Union. The advancement of the negotiations will be guided by Turkey's progress in preparing for accession, which will be measured, inter alia, against the implementation of the Accession Partnership, as regularly revised.

(6) In order to prepare for membership, Turkey is expected to develop a plan with a timetable and specific measures to address the priorities of this Accession Partnership,

HAS DECIDED AS FOLLOWS:

Article 1

The principles, priorities, intermediate objectives and conditions in the Accession Partnership for Turkey are set out in the Annex hereto, which forms an integral part of this Decision.

Article 2

The implementation of the Accession Partnership shall be examined and monitored in the bodies established under the Association Agreement and by the Council on the basis of annual reports by the Commission.

Article 3

This Decision shall take effect on the third day following its publication in the Official Journal of the European Union.

Done at Brussels, 23 January 2006.

For the Council

The President

J. Pröll

ANNEXTURKEY: 2005 ACCESSION PARTNERSHIP

1.INTRODUCTION

At its meeting in Luxembourg in December 1997, the European Council decided that the Accession Partnership would be the key feature of the enhanced pre-accession strategy, mobilising all forms of assistance to the candidate countries within a single framework. In this manner, the Community targets its assistance towards the specific needs of each candidate so as to provide support for overcoming particular problems with a view to accession.

The first Accession Partnership for Turkey was adopted by the Council in March 2001. In the Commission's Strategy Paper on enlargement of October 2002, it was stated that the Commission would propose a revised Accession Partnership for Turkey. A revised Accession Partnership was then presented by the Commission in March 2003 and adopted by the Council in May of the same year. In its recommendation of October 2004, the Commission proposed that, with a view to guaranteeing the sustainability and the irreversibility of the political reform process, the EU should continue to monitor closely progress of the political reforms. In particular, the Commission proposed the adoption of a revised Accession Partnership in 2005.

Turkey is expected to develop a plan including a timetable and specific measures foreseen to address the Accession Partnership priorities.

The revised Accession Partnership provides the basis for a number of policy instruments which will be used to help the candidate state in the preparations for membership. In particular, the revised Accession Partnership will serve as a basis for future political reforms and as a yardstick against which to measure future progress.

2.PRINCIPLES

The main priorities identified for Turkey relate to its capacity to meet the criteria defined by the Copenhagen European Council of 1993 and the requirements of the negotiating framework adopted by the Council on 3 October 2005.

3.PRIORITIES

The priorities listed in this Accession Partnership have been selected on the basis that it is realistic to expect that the country can complete them or take them substantially forward over the next few years. A distinction is made between short-term priorities, which are expected to be accomplished within one to two years, and medium-term priorities, which are expected to be accomplished within three to four years. The priorities concern both legislation and the implementation thereof.

The revised Accession Partnership indicates the priority areas for Turkey’s membership preparations. Turkey will, in the end, nevertheless have to address all issues identified in the progress report, including consolidating the political reform process in order to guarantee its irreversibility and ensure its uniform implementation throughout the country and at all levels of the administration. It is also important that Turkey fulfil the commitments of legislative approximation and implementation of the acquis in accordance with the commitments made under the Association Agreement, customs union and related decisions of the EC-Turkey Association Council, for example on the trade regime for agricultural products.

3.1.SHORT-TERM PRIORITIES

Enhanced political dialogue and political criteria

Democracy and the rule of law
Public administration
Civil military relations
Judicial system
Anti-corruption policy
Human rights and the protection of minorities
Observance of international human rights law
Civil and political rights
Prevention of torture and ill treatment
Access to justice
Freedom of expression, association and peaceful assembly
Freedom of religion
Economic and social rights
Women’s rights
Children’s rights
Trade union rights
Minority rights, cultural rights and the protection of minorities
Situation in the east and southeast
Regional issues and international obligations
Cyprus
Peaceful settlement of border disputes
Obligations under the Association Agreement
Economic criteria
Ability to assume the obligations of membership
Free movement of goods
Right of establishment and freedom to provide services
Free movement of capital
Public procurement
Intellectual property law
Competition
Financial services
Information society and media
Agriculture and rural development
Food safety, veterinary and phytosanitary policy
Fisheries
Transport
Energy
Taxation
Statistics
Social policy and employment
Enterprise and industrial policy
Regional policy and coordination of structural instruments
Justice, freedom and security
Science and research
Education and culture
Environment
Consumer and health protection
Customs union
External relations and foreign, security and defence policy
Financial control

3.2.MEDIUM-TERM PRIORITIES

Economic criteria
Ability to assume the obligations of membership
Right of establishment and freedom to provide services
Public procurement
Intellectual property law
Financial services
Company Law
Competition
Information society and media
Agriculture and rural development
Food safety, veterinary and phytosanitary
Fisheries
Transport policy
Energy
Taxation
Economic and monetary policy
Statistics
Social policy and employment
Enterprise and Industrial Policy
Trans-European networks
Regional policy and coordination of structural instruments
Justice, freedom and security
Education and culture
Environment
Customs Union
Financial control

4.PROGRAMMING

Financial assistance for the priorities identified in the Accession Partnership will be made available through annual financing decisions taken by the Commission, following the procedure set out in Article 8 of Council Regulation (EC) No 2500/2001 of 17 December 2001 concerning pre-accession financial assistance for Turkey(4) (for the 2006 programme) and in the Regulation for the Instrument for Pre-accession Assistance (IPA), once this has been adopted (for the 2007 to 2013 programmes). The financing decisions will be followed by a financing agreement signed with Turkey.

5.CONDITIONALITY

Community assistance for financing projects through the pre-accession instruments is conditional on the respect by Turkey of its commitments under the EC-Turkey Agreements, including Customs Union Decision 1/95 and other decisions, further concrete steps towards satisfying effectively the Copenhagen criteria and in particular progress in meeting the specific priorities of this revised Accession Partnership. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 5 of Regulation (EC) No 2500/2001. Specific conditions are also included in individual annual programmes.

6.MONITORING

The implementation of the Accession Partnership shall be examined through the framework of the mechanisms established under the Association Agreement as appropriate and through the Commission’s progress reports.

The Association Agreement sub-committees provide the possibility to review implementation of the Accession Partnership priorities as well as progress as regards legal approximation, implementation and enforcement. The Association Committee discusses overall developments, progress and problems in meeting the Accession Partnership’s priorities as well as more specific issues referred to it from the sub-committees.

The monitoring of the pre-accession financial assistance programme shall be carried out jointly by Turkey and the European Commission through a joint monitoring committee. In order to ensure the effectiveness of monitoring, projects being funded under each financing agreement must incorporate verifiable and measurable indicators of achievements. Monitoring based on these indicators will assist the Commission, the Phare Management Committee (and its successor under IPA) and Turkey in subsequently reorienting programmes where necessary and in the design of new programmes.

The Phare Management Committee ensures that actions financed under the pre-accession programme are compatible with each other as well as with the Accession Partnership as laid down in Regulation (EC) No 2500/2001.

The Accession Partnership will continue to be amended as necessary in accordance with Article 2 of Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant states in the framework of the pre-accession strategy, and in particular on the establishment of Accession Partnerships(5).

(2)

Decision 2001/235/EC (OJ L 85, 24.3.2001, p. 13) and Decision 2003/398/EC (OJ L 145, 12.6.2003, p. 40).

(3)

See also the declaration by the European Community and its Member States of 21 September 2005.

(4)

OJ L 342, 27.12.2001, p. 1. Regulation as last amended by Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005, p. 23).