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THE CUSTOMS UNION: A FINAL STEP BEFORE TURKEY'S ACCESSION TO THE EUROPEAN UNION?
... It also committed itself to aligning its tariffs to third countries in line with the Common Customs Tariff (CCT) of the EU and to applying the EU preferential trade regime, in other words the conclusion of free trade agreements (FTAs) with third countries. The CU fostered a strong regulatory convergence between the EU and Turkey in customs modernization and trade facilitation based on an alignment process in anti-dumping and safeguard legislation, competition policy, customs practices, intellectual property rights, and technical standards (see for details Kabaalioglu, 1998;Togan, 2012). To adhere to the CU requirements, Turkey also established several domestic regulatory agencies immediately before and after the establishment of the CU, including the Competition Authority, Turkish Patent Institute (currently Turkish Patent and Trademark Office), and Turkish Accreditation Agency. ...
This open access book explores the new complexities and ambiguities that epitomize EU-Turkey relations. With a strong focus on the developments in the last decade, the book provides full access to a comprehensive understanding of the multifaceted relationship through three entry points: (1) Theories and Concepts, (2) Institutions, and (3) Policies. Part I brings together complementary and competing analytical approaches to study the evolution of EU-Turkey relations, ranging from traditional integration theories to novel concepts. Part II investigates the institutional machinery of EU-Turkey relations by analyzing the roles and perspectives of the European Council, the European Commission, and the European Parliament. Part III offers analyses of the policies most relevant for the relationship: enlargement policy, trade and macroeconomic policies, foreign and security policy, migration and asylum policies, and energy policy. In Part IV, the volume closes with a systematic survey of the conditions under which cooperative trends in EU-Turkey relations could be (re)invigorated. The systematic setup and the balanced combination of distinguished experts from EU- and Turkey-based institutions make this book a fundamental reading for students, researchers, lecturers, and practitioners of EU-Turkey relations, European integration and Turkish foreign policy.
Wulf Reiners is Senior Researcher and Head of the ‘Managing Global Governance’ (MGG) Program of the German Development Institute / Deutsches Institut für Entwicklungspolitik (DIE).
Ebru Turhan is Assistant Professor at the Department of Political Science and International Relations, Turkish-German University in Istanbul, Turkey.
... It also committed itself to aligning its tariffs to third countries in line with the Common Customs Tariff (CCT) of the EU and to applying the EU preferential trade regime, in other words the conclusion of free trade agreements (FTAs) with third countries. The CU fostered a strong regulatory convergence between the EU and Turkey in customs modernization and trade facilitation based on an alignment process in anti-dumping and safeguard legislation, competition policy, customs practices, intellectual property rights, and technical standards (see for details Kabaalioglu, 1998;Togan, 2012). To adhere to the CU requirements, Turkey also established several domestic regulatory agencies immediately before and after the establishment of the CU, including the Competition Authority, Turkish Patent Institute (currently Turkish Patent and Trademark Office), and Turkish Accreditation Agency. ...
EU–Turkey relations have been subject to manifold ups and downs for decades. The EU’s role in Turkey’s domestic transformation has long been a matter of interest to the academic community. This chapter examines to what extent and under what conditions the EU has served as an anchor for the Turkish economy during the last two decades, focusing on the effects of the EU anchor on Turkey’s macroeconomic and trade policy. It finds that maintaining a European anchor after the Helsinki European Council helped Turkey realize much-desired comprehensive macroeconomic reforms, especially during times when the EU anchor was combined with another multilateral anchor. Nevertheless, the EU’s anchor-providing role has not been consistent and amidst changing political circumstances it is no longer considered an ‘elixir’ for the Turkish economy. The establishment of the Customs Union (CU) is revealed to have been a significant driver of the transformation of Turkey’s trade policy. While the trade partnership remains one of the few well-functioning aspects of the volatile bilateral dialogue between the EU and Turkey, the EU’s role in the trade policy arena is diminishing, and the upgrading of the CU remains vital to achieve further momentum and enhance mutual gains.
... The roadmap for the full membership of Turkey has been prepared in Ankara Agreement consisting of three main steps named "preparatory", "transition" and "final". The Customs Union (CU), envisaged as the final phase before Turkey's full membership (Kabaalioğlu 1998), was established by the Decision No. 1/95 of the EC-Turkey Association Council (Decision No. 1/95 1995) and entered into force in 1996. ...
... 3. For a detailed analysis of the CU Decision see, Kabaalioğlu (1998). 4. ...
Turkey's increasing engagement in world economy and international trade invites her to take a proactive approach in the WTO and in regional trade agreements. Exogenous factors including her accession process to the EU, and the obligations under the Customs Union; as well as current state of negotiations within the realm of the WTO, and developments in the world trading system are important factors to shape this strategy. In this context, Turkey plays role of a middle-power actor who positions herself between developed and developing economies. The study argues, this dilemma reflects her Janus-face and can be avoided by her own choice. In this context, what Turkey needs is to establish a single identity that focuses on long-term competitiveness to transform its economy towards the production and export of medium-high technology sectors ; and to be able to formulate a more comprehensive trade policy beyond a mere export strategy by considering vertical integration in global production and trade patterns; services, access to supplies; and the emerging global trade agenda in trade-related matters. This will help her to achieve the aspiration to become a regional leader and an influential global actor.
This chapter firstly, lays down the aim and structure of the Ankara Agreement, as well as the legal instruments that it puts at the Parties’ disposal to achieve its objectives. Secondly, it briefly introduces the plan laid down in the agreement for the establishment of a Customs Union, after which, the focus shifts on the provisions of the agreement that envisage the gradual establishment of free movement of workers, services and freedom of establishment. Lastly, the rest of this chapter examines the case law of the Court of Justice of the EU interpreting these provisions, since most recent developments in the acquis in this area are products of the case law of the Court rather than the institutions of the association. Its aim is to demonstrate that the regime for free movement of persons established by the agreement is already quite developed, and that a permanent safeguard clause (PSC) as envisaged by the Turkey’s Negotiating Framework would not only be a step back from the Union acquis on free movement of persons, but also a step back from the existing association acquis in some cases. It is argued that standstill clauses in the association agreement as well as similar clauses included in Accession Agreements constitute constraints on Member States, even though, admittedly, the power of the standstill clauses in the Ankara Agreement have been considerably weakened after the CJEU introduced the possibility to derogate from these clauses.
Özet: Türkiye ile Avrupa Birliği (AB) kendi aralarında bir ortaklık kurmuştur. Bu ortaklık, kurumsal açıdan, Ankara Anlaşması’nı temel alır ve uluslararası anlaşmalar ile Ortaklık Konseyi Kararları (OKK) aracılığıyla derinleştirilir. Ortaklık, maddi açıdan, esasen, taraflar arasında bir gümrük birliği kurmayı, dolayısıyla malların serbest dolaşımını, içerir. 1/95 sayılı OKK, malların serbest dolaşımına ilişkin en güncel ve detaylı metin olup, bu serbest dolaşım ile ilgili üç alt unsuru, yani gümrük vergisi ve eş etkili vergi yasağını, ayrımcı veya koruyucu iç vergi yasağını ve miktar kısıtlaması ve eş etkili tedbir yasağını AB’nin kurucu antlaşmasındaki hükümler ile paralel biçimde kaleme almıştır ve bu alt unsurların AB iç pazar hukukundaki gibi yorumlanacağını düzenlemiştir. Öte yandan, OKK’ların AB hukuk düzenindeki etkileri netken Türk hukuk düzenindeki etkileri netleşmemiştir. Bu çalışma, 1/95 sayılı OKK’nın malların serbest dolaşımı ile ilgili üç alt unsuru özelinde, ortaklık hukukunun Türk hukukundaki etkilerini çözümlemeye çalışmaktadır.
Abstract: Turkey and European Union (EU) established an association between themselves. As regards institutional dimension, this association is based on Ankara Agreement and deepened via international agreements or Association Council Decisions (ACD). As regards substantive dimension, this association essentially consists of establishment of a Customs Union, hence free movement of goods, between the parties. ACD No 1/95, which is the most actual and detailed document as regards the free movement of goods, drew
up three sub elements of this free movement, namely prohibition on customs duties and charges having equivalent effect, prohibition on discriminatory or protective internal taxation and prohibition on quantitative restrictions and measures having equivalent effect in parallel to the provisions in the EU Founding Treaties and regulated that these sub elements will be interpreted like the EU internal market law. On the other hand, while the effects of ACD’s in the EU legal order are clear, the effects of ACD’s in the Turkish legal order are unclear. This paper tries to evaluate the effects of association law in Turkish law, as to the three sub elements of free movement of goods in ACD No 1/95.
The book presents an analysis of the development of the European Union's policy towards Turkey from a comparative perspective and compares the EU's approach to the issues in the EU-Turkey relationship. However, the literature on EU-Turkey relations is excessively rigid, antiquated and opinionated, reflecting the stylized version of the official approaches to issues between the two. With this in mind, the primary objective of this study is to contribute to the literature by using a comparative approach to analyse these relations. Human rights, the Greco-Turkish dispute and the security considerations of both parties are chosen as specific policy issues. Moreover, the book adopts a new approach and covers several of the key topics in the EU enlargement debate. Finally, it explores the question as to whether the EU's containment policy will be sustainable in the long term and examines possible scenarios for both parties.
What has been achieved regarding Turkey’s efforts at integration to the EU and what obstacles remain to it achieving full membership? Like other developing countries, Turkey displays visible signs of advancement with rapid increases in living standards, greater mobility and the rapid spread of technology. Much of its legislation and political, economic and administrative systems are also now aligned to the EU and this process has undoubtedly contributed to democratization and modernization. At the same time problems in politics and society persist; the Gezi protests, limitations of freedom of expression, frequent occupational accidents in the mining and construction sectors, honour killings and political upheaval which has manifested itself most starkly with the recent coup attempt all call attention to the challenges facing a country in the process of change. Charting the political, legal and economic relations between Turkey and the European Union since 1959 this book explores the relationship through phases such as association, customs union and candidacy. Each chapter covers a particular period in the relations and/or a theme which has both current and overall relevance to the conduct of the relations. In this way, the authors examine the impact of the EU in affecting change, what has been achieved and the obstacles that remain.
Since the Customs Union came into effect on 1 January 1996, Turkey has effectively become part of the European Union's single market. This high degree of economic integration has not been matched in the sphere of political and social integration. Turkey was omitted from a list of countries with which accession negotiations began in March 1998, and the Cardiff European Council of May 1998 confirmed Turkey's marginalization from the current process of enlargement.
Much of the literature on Turkey‐EU relations has not paid sufficient attention to the internal dynamics of European integration and EU expansion. This article argues that the EU's internal development strongly influences its external relations. Adopting the perspective of the European community with respect to Turkey, the author explores the overall impact of EU enlargement — especially eastern enlargement — on the evolution of that relationship, and suggests that the ambiguity regarding Turkey's position in the process might work against the EU's capacity to forge a wider European stability.
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