Accession Negotitations

The Helsinki European Council of December 1999 granted the status of candidate country to Türkiye.
European Council of December 2004 confirmed that Türkiye fulfils the Copenhagen political criteria
which are a prerequisite for opening of the accession negotiations with Türkiye.

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 of Foreign Affairs, Directorate for EU
Affairs by establishing distinct and specific mechanisms.

The launch of accession negotiations would not be possible unless Türkiye had not met Copenhagen
criteria to a certain degree. From then on, Türkiye'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 Türkiye'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 Türkiye to fully and effectively adopt the EU
acquis to her own legal system.

The EU acquis refers to the total body of the EU law. It is composed of roughly one hundred and
twenty thousand pages.

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 has been categorized under 35 chapters .

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 Türkiye during the screening process and according to this
information decides whether Türkiye 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.

https://www.ab.gov.tr/siteimages/birimler/kpb/mzakere_karti_ocak_2022.pdf

Current Situation
Turkey’s EU Accession Negotiations was started on 3 October 2005. Türkiye’s Negotiation Framework
Document which states the technicalities and methods of the negotiations was also adopted on the
same day. Türkiye’s EU accession process is conducted in 35 chapters in the context of Negotiation
Framework. Chapter 34-Institutions and Chapter 35- Other Issues are addressed at the very last stage
of the negotiations.

During the negotiation process, chapters are opened depending upon the candidate country’s
fulfilment of opening benchmarks, which are determined by the EU Council, and once again chapters
are provisionally closed depending upon the candidate country’s fulfilment of closing benchmarks,
which are also determined by the EU Council.  One single member country by declaring her negative
opinion can block the opening or closing of the chapters.

Screening meetings were held which constitute the first stage of accession negotiations. The first
screening meeting was held on 20 October 2005 on Chapter 25- Science and Research and the last
one was held on 13 October 2006 on Chapter 23- Judiciary and Fundamental Rights.

On 12 June 2006 the Intergovernmental Conference for Türkiye was held and Chapter 25- Science
and Research was opened to negotiations and was provisionally closed on the same day.

In Türkiye’s EU accession negotiations, 16 chapters are opened whereas only one chapter is
temporarily closed. 

Opened:
25) Science and Research (provisionally closed) (Austria, 12.06.2006)
20) Enterprise and Industrial Policy (Germany, 29.03.2007)
18) Statistics (Germany, 26.06.2007)
32) Financial Control (Germany, 26.06.2007)
 21) Trans-European Networks  (Portugal, 19.12.2007)
28) Consumer and Health Protection (Portugal, 19.12.2007)
6) Company Law (Slovenia, 17.06.2008)
7) Intellectual Property Law (Slovenia, 17.06.2008)
4) Free Movement of Capital (France, 19.12.2008)
10) Information Society and Media (France, 19.12.2008)
16) Taxation (Czech Republic, 30.06.2009)
27) Environment (Sweden, 21.12.2009)
12) Food Safety, Veterinary and Phytosanitary Policy (Spain, 30.06.2010)
22) Regional Policy and Coordination of Structural Instruments (Lithuania,05.11.2013)
17) Economic and Monetary Policy (Luxembourg, 14.12.2015)
33) Financial and Budgetary Provisions (Netherlands, 30.06.2016)

14 chapters are blocked due to the political decisions of the EU Council and Southern Cyprus.
According to the EU General Affairs and External Relations Council Decision of 11 December 2006,
fulfilment of Türkiye’s commitments under the Additional Protocol is opening benchmark for 8 chapters
and closing benchmark for all chapters.

The aforementioned decision states that: “The Council decided in particular to suspend negotiations on
eight chapters relevant to Türkiye's restrictions with regard to the Republic of Cyprus, and will not close the
other chapters until Türkiye fulfils its commitments under the additional protocol to the EU-Türkiye association
agreement, which extended the EU-Türkiye customs union to the ten member states, including Cyprus, that
joined the EU in May 2004”.

Chapters suspended by the General Affairs and External Relations Council Decision  of
11 December 2006:
1) Free Movement of Goods
3) Right of Establishment and Freedom to Provide Services
9) Financial Services
11) Agriculture and Rural Development
13) Fisheries
14) Transport Policy
29) Customs Union
30) External Relations

Moreover, during the EU General Affairs Council meeting of 8 December 2009, Greek Cypriots
declared that the unilateral “normalisation” of relations was set as a precondition for the progress in 6
chapters.
Chapters unilaterally blocked by Southern Cyprus :
2) Free Movement of Workers
15) Energy
23) Judiciary and Fundamental Rights
24) Justice, Freedom and Security
26) Education and Culture
31) Foreign, Security and Defence Policy

Although the screening process of 33 chapters was completed back in 2006, screening reports
of 8 chapters are still pending for approval at the Council. Since the screening reports are not
officially sent to Türkiye, the potential opening benchmarks of those chapters are not
communicated.
Screening Reports pending in the Council of the European Union:
2) Freedom of Movement of Workers
13) Fisheries
14) Transport Policy
15) Energy
23) Judiciary and Fundemental Rights
24) Justice, Freedom and Security
30) External Relations
31) Foreign, Security and Defence Policy

Notwithstanding that that no Chapters can be closed due to the aforementioned Additional Protocol,
Chapter 20. Enterprise and Industry, and Chapter 21. Trans-European Networks are ready to be
closed.

European Commission confirmed the fulfilment of 7 closing benchmarks of 5 chapters.

Chapters Whose Closing Benchmarks Were Confirmed to Be Fulfilled:

6) Company Law (1 CB)
20) Enterprise and Industrial Policy (1 CB)
21) Trans-European Networks  (1 CB)
28) Consumer and Health Protection (1 CB)
32) Financial Control (3 CB)

What does the process of EU Accession Negotiations mean?

The process of EU accession negotiations is the time period, in which it is determined for each candidate country, in how much time and
with which regulations it will adopt the EU Acquis, and how the candidate country will put the acquis into force and implement it

The candidate country is required to adopt the EU acquis as a whole.

In order for a country to fully adopt the Acquis, it does not suffice to pass legislation, i.e. laws and directives. Within the framework of the
1995 Madrid Summit, the candidate country is also required to establish the necessary legal and administrative capacity in order to put
legislation into practice in the most effective way. In other words, it is required to establish institutions or departments that will implement
the legislation and increase their capacity of implementation.

What does the EU Acquis mean?

A country's accession to the EU requires the adoption of the Union's system; rights and responsibilities that are linked to the Union's
institutional framework. Türkiye has to implement this acquis as of the time of its accession. As it is subject to constant alteration or/and
extension.

The EU Acquis is the total body of EU's legal system and rules which are in force.

The EU acquis has been constantly evolving. It includes the founding treaties of the EU, those that amend them, secondary legislation
(directives, regulations, decisions), treaties signed with the third countries, the decisions of the European Court of Justice etc. In
addition, legally-binding or non-binding acts/proceedings that were adopted within the EU framework, i.e. inter-institutional agreements,
resolutions, notifications, recommendations, guiding principles, joint actions, common attitudes, declarations, conclusion proclamations
and other acts that were adopted within the framework of foreign security and defence policy, common attitudes, signed contracts,
resolutions, proclamations and other acts that were adopted within the framework of justice and home affairs are also part of the acquis.
Which phases does the accession negotiations process include?

1-The decision to start the negotiations: Within the framework of the Brussels Summit on December, 17, 2004, the Council of the European
Union leaders agreed to start discussing Türkiye's accession negotiations.

2- The start of Accession Negotiations: Türkiye's negotiation process officially started with the Intergovernmental Conference of October 3,
2005. On the same day, the Negotiation Framework Document (NFD), which determines the principles regarding EU-Türkiye
negotiations, the essence and rules of the negotiations, the negotiation chapters, was adopted. Within the context of the document
mentioned, the negotiations are based on three basic components. 1-) Implementation of the Copenhagen political criteria without
exception, deepening and speeding up the political reforms. 2-) Implementation and alignment of the 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.

3-Intergovernmental Conference (IGC): It is a platform that consists of the foreign ministers of the candidate country and member states
where significant political decisions of the negotiation process are declared. Opening and closing of chapters are officially proclaimed at
the IGC. In nature, the IGCs are ceremonial.

4-Screening Phase: It is undertaken by the European Commission and bureaucrats of the public institutions of the candidate country. It is
basically a formal process of examination of the acquis, assessment of the state of preparation, determining the major differences
between the acquis and the candidate country's legislation, and obtaining preliminary indications of the issues that will most likely come
up in the negotiations. The screening phase for Türkiye started with the introductory screening meeting held on "Science and Research"
chapter on October, 20, 2005. It was concluded with the bilateral screening meeting held on "Judiciary and Fundamental Rights" chapter
on October, 13, 2006. Detailed information on Türkiye's screening process of each chapter may be accessed at https://www.ab.gov.tr/. 

5- Screening Reports: Following the completion of screening for a given chapter, evaluations are drafted by the European Commission
through the so-called "Screening Reports", which are then handed down to the Council of Ministers of the EU. The Reports constitute
the basis upon which negotiations are formally opened on the particular chapter. Based on the information the Commission receives
from our country at the screening meetings, it evaluates whether our country is ready for negotiations. At the end of this document the
EU Commission either suggests the opening of the chapter according to the given information or it presents a number of criteria (a.k.a
benchmarks) to be fulfilled in order for this chapter to be opened. 

6-Opening of the chapters to negotiations: "Screening report" of any chapter, prepared by the Commission, and then handed down to the
Council of Ministers of the EU, has to be approved by the Council unanimously. Thus, if the Commission's screening report does not
include any benchmark or if it does, and the candidate country fulfils the benchmark within a given period of time, the Commission
recommends the opening of the chapter to the Council through an assessment report. In order to open or close a chapter, it is obligatory
for each country in the Council to agree unanimously. Otherwise, a chapter cannot be opened. The same process is required for a
chapter to be closed.

7-Preparation of the Negotiation Position Document by Türkiye: Each chapter, for which opening was unanimously
approved, the Member State holding the Presidency of the European Union sends a letter to Türkiye, asking it to
present its Negotiating Position Document on the specific chapter. The Negotiating Position Document is
prepared by our institutions with the coordination of the Secretariat General for EU Affairs. It consists of Türkiye's
achievements on the relevant chapter of the acquis, the foreseen schedule of Türkiye's progress on
harmonization, and if seen as necessary, transition phase after full membership or a request for temporary
exceptions. In preparation of the Negotiating Position Document, Türkiye makes an effort to take the opinions of
all parties concerned, including civil society organizations.

8-Preparation of a Common Position Document by the EU: After examining Türkiye's Negotiating Position Document, the European
Commission prepares a draft Common Position Document on the same chapters and submits it to the Council of Ministers. Then, the EU
Common Position Document is unanimously approved at the Council of Ministers.

9-Closing of Negotiations Chapters provisionally and finally: Negotiation chapters are provisionally closed if the candidate country's adoption
of the acquis and its degree of implementation are seen as sufficient. For example, the chapter on Science and Research was opened
on June 12, 2006 and was declared as closed by the IGC on the same day. If the candidate country's acquis adoption and its degree of
implementation are not found sufficient for it to be provisionally closed, the Council, taking the Commission evaluations into account,
may introduce closing benchmarks. In this case, a report regarding the fulfilment of the closing criteria is required to be unanimously
approved by the Council. Initially, chapters are provisionally closed. Later, at the end of the negotiation process, all chapters are subject
to reassessment and after the reassessment, they can ultimately be closed. There are two reasons for this procedure. Firstly, as the
negotiations take many years, significant changes might occur in the acquis during the negotiations and the candidate country is
expected to adjust to these changes. Secondly, the candidate country's degree of harmonization in the provisionally closed chapter
might have deteriorated.
10-Negotiation of the "Institutions" & "Other issues" Chapters: Following the the closure of all thirty-three chapters first provisionally, then
finally, the candidate country and the EU negotiate on the last two chapters namely "Institutions" (34th chapter) & "Other Issues" (35th
chapter).
The chapter "Other Issues" consists of issues that come up during the negotiations but are not covered under any specific chapter.
These include but are not limited to the determination of the protocol under which the candidate country will benefit from EU
Development Funds, payments to the European Central Bank, the method and the amount of years the candidate country will benefit
from protection measures, pre-accession and structural funds and/or unilateral declarations (e.g. Malta's declaration that its inclusion in
the EU's Common Foreign and Security Policy does infringes upon its neutrality).
Under the chapter "Institutions", candidate country's proportion of representation at the EU institutions, i.e. the Commission, Council or
Parliament, is determined.

11- Ratification of the Treaty of Accession: Once negotiations are concluded on all 35 chapters, "Treaty of Accession" is drafted for the
candidate country, after a consensus is reached by the Council and approved with a simple majority vote by the European Parliament,
the treaty is signed by all member States and the candidate country. According to their laws, the member States and the candidate
country have the freedom of choosing the method that they will follow in order to sign the treaty; they can either attempt to get it
approved by their parliaments or present it directly to their people with a referendum.

In which situations may transition phases and temporary derogations be requested?

 Transition phases and temporary derogations can be requested, particularly on certain negotiation chapters (energy, environment,
social policy), in cases where adoption of the EU Acquis creates economic, social and political problems, however, the request should
be justified. Acceptance of these requests are difficult on issues that contradict EU's political agenda or are related to basic free market
economy and competition power of enterprises. On the other hand, it is more likely for the EU to accept requests on issues that have the
potential of affecting the production process and being too costly for the candidate country and issues that it is less sensitive on such as
policies on energy, environment and transportation.

What can the opening and closing benchmarks be?

Opening and closing benchmarks may include steps such as introduction of any legislation towards the adoption of the acquis, formation
of a new institution or unit in a institution or preparation of an Action Plan or Strategy.

What are the Other Significant Documents for a Candidate Country in Negotiation Process?

Accession Partnership Document (APD)

The Accession Partnership Document (APD) is a document, which is prepared by the European Commission for each country
whose candidacy has been approved. After having been approved by the Council, the APD is published in the Official Journal
of the European Communities.

Thus, it is a part of the EU Acquis.

This document is prepared for candidate countries and serves as a road map. It includes measures to be taken for
membership, economic and political criteria and short and midterm priorities listed under chapters (currently 35 chapters for
the implementation of the EU acquis). In addition, this document also contains matters concerning EU Financial Assistance.

It is projected that short term priorities will be accomplished within one to two years and medium term priorities will be accomplished
within three to four years after the APD is released.

The APD is updated in the case there is a necessity. In other words, issues that are included in the APD, but that were already fulfilled
by the candidate country, are taken out. The rest of the measures become subject to a new schedule.

National Program (NP)

Although there is no binding clause, candidate countries are expected to prepare a National Program for each APD. The APD is a
concise document that is composed of fifteen to twenty pages and general statements. For instance, in the 2006 APD, the projected
short term priorities for the "Fisheries" chapter (one of thirty-five chapters) are "implementing the EU acquis and strengthening the
administrative capacity for the laws concerning fishery management, inspection, and marketing and structural improvement.

The National Program contains the detailed information on the institutions, the amount of time, the framework of the institutional
structuring, and the financial resources needed in order to undertake the previously mentioned measures. Hence, the National Program
is about 700-800 pages long compared to the APD that is about 15-20 pages long. It is essential that the National Program is in line with
the measures and terms of the APD. Yet, naturally, on certain issues, the priorities of the candidate country can be taken into account in
preparation of the National Program.

Accession Partnership Documents that have so far been published by the EU for Türkiye and National Programs prepared by Türkiye