Since the opening of accession negotiations between Turkey and the EU on 3 October 2005, 16 chapters have been opened to negotiations yet only one of chapter (Chapter 25 – “Science and Research”) has been provisionally closed. The “Science and Research” chapter was opened to negotiations on 12 June 2006 and provisionally closed on the same day. Chapter 33- “Financial and Budgetary Provisions”, which was opened on 30 June 2016, has been the last chapter opened in Turkey’s accession negotiations.

Click here to access the table on the state of play in the accession negotiations.

Following the Greek Cypriot Administration of Southern Cyprus’ (GCASC) unilateral accession to the EU as the sole representative of the island in 2004, this situation has complicated Turkey’s relations with the EU. The EU has requested Turkey to change its policy on Cyprus through the opening of its ports and airports to vessels and aircrafts coming from “The Republic of Cyprus”, as recognised by the EU. This situation, which has been perceived as a restriction to transportation, has been assumed to hinder the functioning of the Customs Union and Turkey has been requested to apply the Customs Union to all the new members of the EU including the GCASC in a non-discriminative manner.

Two texts are significant in bringing the General Affairs and External Relations Council Decision on not to open 8 acquis chapters to negotiations and not to provisionally close any chapters that are already open to negotiations: A Declaration by Turkey at the time of signing of the Additional Protocol extending the Ankara Agreement to the new Member States that acceded to the EU in 2004; and a counter declaration by the EU.

DECLARATION BY TURKEY ON CYPRUS, 29 JULY 2005

Turkey signed the Additional Protocol extending the Ankara Agreement to the new Member States which acceded to the EU in 2004. Following the signing of the Protocol, Turkey issued a declaration stating that the signing of the Additional Protocol, which used the term “The Republic of Cyprus” when referring to the Greek Cypriot Administration of Southern Cyprus did not imply recognition of the Greek Cypriot Administration of Southern Cyprus by Turkey.

The Declaration by Turkey, adopted with the signing the Additional Protocol extending the Ankara Agreement to the new Member States on 29 July 2005, is given below:

“1. Turkey remains committed to finding a political settlement of the Cyprus issue and has clearly demonstrated its resolve in this regard. Accordingly, Turkey will continue to support the efforts of the UN Secretary-General towards achieving a comprehensive settlement which will lead to the establishment of a new bi-zonal partnership State. A just and lasting settlement would greatly contribute to peace, stability and harmonious relations in the region.

2. The Republic of Cyprus referred to in the Protocol is not the original partnership State established in 1960.

3. Turkey will thus continue to regard the Greek Cypriot authorities as exercising authority, control and jurisdiction only in the territory south of the buffer zone, as is currently the case, and as not representing the Turkish Cypriot people and will treat the acts performed by them accordingly.

4. Turkey declares that signature, ratification and implementation of this Protocol neither amount to any form of recognition of the Republic of Cyprus referred to in the Protocol; nor prejudice Turkey’s rights and obligations emanating from the Treaty of Guarantee, the Treaty of Alliance, and the Treaty of Establishment of 1960.

5. Turkey reaffirms that its existing relationship with the Turkish Republic of Northern Cyprus remains unchanged by becoming a party to the Protocol.

6. Pending a comprehensive settlement, the position of Turkey on Cyprus will remain unchanged. Turkey expresses its readiness to establish relations with the new partnership State which will emerge following a comprehensive settlement in Cyprus.”

The Turkish Ministry of Foreign Affairs explains this situation on their website as follows:

“The Additional Protocol between Turkey and the EEC with a view to the Enlargement of the European Union” was signed on the 29^th of July 2005 between the EU Presidency (the United Kingdom), the European Commission and our country through exchange of letters.

When member nations are mentioned in the introductory section of the Additional Protocol, the expression “Republic of Cyprus” is utilized. A declaration by us [the Turkish Ministry of Foreign Affairs] has been made to make sure that the signature of the Additional Protocol, in other words the signature of a document which refers to the Greek Cypriot Administration of Southern Cyprus as the “Republic of Cyprus”, by Turkey rules out any interpretation that can result in the recognition of the GCASC.”

COUNTER DECLARATION BY EUROPEAN COMMUNITY AND MEMBER STATES, 21 SEPTEMBER 2005

The declaration by the European Community and its Member States, adopted on 21 September 2005 following the declaration issued by Turkey, is given below:

“The declaration below by the European Community and its Member States was adopted today, following the declaration made by Turkey upon signature on 29 July 2005 of the Ankara Agreement Protocol:

1. The European Community and its Member States acknowledge the signature by Turkey of the Additional Protocol to the Agreement establishing an Association between the European Community and its Member States on the one part and Turkey on the other, in accordance with the conclusions of the European Council of December 2004. They regret that Turkey felt it necessary to make a declaration regarding the Republic of Cyprus at the time of signature.

2. The European Community and its Member States make clear that this declaration by Turkey is unilateral, does not form part of the Protocol and has no legal effect on Turkey’s obligations under the Protocol.

3. The European Community and its Member States expect full, non-discriminatory implementation of the Additional Protocol, and the removal of all obstacles to the free movement of goods, including restrictions on means of transport. Turkey must apply the Protocol fully to all EU Member States. The EU will monitor this closely and evaluate full implementation in 2006. The European Community and its Member States stress that the opening of negotiations on the relevant chapters depends on Turkey’s implementation of its contractual obligations to all Member States. Failure to implement its obligations in full will affect the overall progress in the negotiations.

4. The European Community and its Member States recall that the Republic of Cyprus became a Member State of the European Union on 1st May 2004. They underline that they recognize only the Republic of Cyprus as a subject of international law.

5. Recognition of all Member States is a necessary component of the accession process. Accordingly, the EU underlines the importance it attaches to the normalization of relations between Turkey and all EU Member States, as soon as possible.

6. The Council will ensure a follow-up on the progress made on all these issues in 2006.

7. In the context of this declaration, the European Community and its Member States agree on the importance of supporting the efforts of the UN Secretary General to bring about a comprehensive settlement of the Cyprus problem in line with relevant UNSCRs and the principles on which the EU is founded, and that a just and lasting settlement will contribute to peace, stability and harmonious relations in the region."

 

 

In accordance with the provisions suggested in the counter declaration, the relevant subject was discussed by the Council and resulted in sanctions implemented on Turkey.

THE EU GENERAL AFFAIRS AND EXTERNAL RELATIONS COUNCIL DECISION, 11 DECEMBER 2006

According to the EU General Affairs and External Relations Council Decision, Turkey must apply the terms of the Ankara Agreement to the EU Member States, including the GCASC. Therefore, Turkey is expected to open its ports and airports to the GCASC. As a result of the controversy between Turkey and the EU, the EU General Affairs and External Relations Council decided that eight chapters associated with the Customs Union are not to be opened and none of the chapters are to be provisionally closed until Turkey complies with this request. Consequently, this situation has caused Turkey’s negotiation process to be blocked by political interferences.

The EU General Affairs and External Relations Council Decision is as follows:

“The Council recalls the declaration of the European Community and its Member States of 21 September 2005 and notes that Turkey has not fulfilled its obligation of full non-discriminatory implementation of the Additional Protocol to the Association Agreement.

The Council welcomes the Commissions recommendation of 29 November. In this context the Council agrees that the Member States within the Intergovernmental Conference will not decide on opening chapters covering policy areas relevant to Turkeys restrictions as regards “the Republic of Cyprus” until the Commission verifies that Turkey has fulfilled its commitments related to the Additional Protocol.

These chapters are:

- Chapter 1: Free Movement of Goods

- Chapter 3: Right of Establishment and Freedom to Provide Services

- Chapter 9: Financial Services

- Chapter 11: Agriculture and Rural Development

- Chapter 13: Fisheries

- Chapter 14: Transport Policy

- Chapter 29: Customs Union

- Chapter 30: External Relations

The Council agrees that the Member States within the Intergovernmental Conference will not decide on provisionally closing chapters until the Commission verifies that Turkey has fulfilled its commitments related to the Additional Protocol.

The Council will follow up and review progress made on the issues covered by the declaration of 21 September 2005. The Council invites the Commission to report on this in its forthcoming annual reports, in particular in 2007, 2008 and 2009, as appropriate.”

UNILATERAL BLOCKAGES BY FRANCE AND GCASC ON OPENING OF NEGOTIATION CHAPTERS

The suspension of the opening of 8 chapters and the decision that none of the chapters could be provisionally closed are not the only obstacles in Turkey’s accession negotiations. The election of Nicolas Sarkozy as French President in 2007 and the GCASC’s policy of instrumentalising Turkey’s EU membership process as a means to get concessions from Turkey regarding Cyprus have resulted in unilateral vetoes of France and GCASC at the Intergovernmental Conference where accession negotiations are conducted.

The Chapters which had been unilaterally blocked by the French Republic under Nicolas Sarkozy’s Presidency are as follows:

- Chapter 11: Agriculture and Rural Development (This chapter is also among the 8 chapters suspended by the Council in December 2006)

- Chapter 17: Economic and Monetary Policy (French blockage was removed and this chapter was opened to negotiations on 14 December 2015)

- Chapter 22: Regional Policy and Coordination of Structural Instruments (French blockage was removed and this chapter was opened to negotiations on 5 November 2013)

- Chapter 33: Financial and Budgetary Provisions (This chapter was opened to negotiations on 30 June 2016)

- Chapter 34: Institutions

The main reason behind the French veto was that they were considered as directly being related to membership. The then French President Nicolas Sarkozy stated that although France believed that the negotiations with Turkey should continue, they were in favour of a privileged partnership rather than full membership. With the election of the Socialist candidate François Hollande in June 2012 as French President, Frances attitude towards Turkey changed to an important extent. A major implication of this change has been the removal of the unilateral blockage and opening of negotiations on Chapter 22- “Regional Policy and Coordination of Structural Instruments” on 5 November 2013; chapter 17-“Economic and Monetary Policy” on 14 December 2015 and on Chapter 33 - “Financial and Budgetary Provisions” on 30 June 2016.

In December 2009, the Council reviewed its decision dated 11 December 2006 suspending the opening of negotiations on 8 chapters. Although the GCASC was in favour of the imposition of additional sanctions on Turkey, this view did not gather support among other member states. As a result, the GCASC issued a declaration and blocked negotiations on 6 chapters. The chapters blocked by the GCASC are as follows:

- Chapter 2: Freedom of Movement for Workers

- Chapter15: Energy

- Chapter 23: Judiciary and Fundamental Rights

- Chapter 24: Justice, Freedom and Security

- Chapter 26: Education and Culture

- Chapter 31: Foreign, Security, and Defence Policy

CHAPTERS THAT ARE NOT SUBJECT TO BLOCKAGES

Currently there are five chapters (three technical chapters) which are not subject to blockages. Negotiations can start as soon as the opening benchmarks are fulfilled by Turkey. These chapters are as follows:

- Chapter 5: Public Procurement

- Chapter 8: Competition Policy

- Chapter 19: Social Policy and Employment

- Chapter 34: Institutions (following the completion of negotiations)

- Chapter 35: Others (following the completion of negotiations) 

GENERAL AFFAIRS COUNCIL CONCLUSIONS OF JUNE 2018 AND 2019

On 26 June 2018, the General Affairs Council in its conclusions on Enlargement and Stabilisation and Association Process underscored Turkey’s status as a candidate country and a key partner in many areas. Regarding Turkey’s accession negotiations, the Council made the following observation: “Turkeys accession negotiations have therefore effectively come to a standstill and no further chapters can be considered for opening or closing and no further work towards the modernisation of the EU-Turkey Customs Union is foreseen.”

Recalling its conclusions of 26 June 2018, the General Affairs Council stated the following on 18 June 2019: “The Council notes that Turkey continues to move further away from the European Union. Recalling its conclusions of 26 June 2018, the Council notes that Turkeys accession negotiations have therefore effectively come to a standstill and no further chapters can be considered for opening or closing and no further work towards the modernisation of the EU-Turkey Customs Union is foreseen.”