23- CONSUMER AND CONSUMER HEALTH PROTECTION
Laws relating to EU Consumer Protection adopted since the publication of the Council Decision of 8 March 2001 on the Accession Partnership with the Republic of Turkey are stated below;
- Law No. 4703 Relating to the Preparation and Implementation of the Technical Legislation on Products was published in the Official Gazette No. 24459 of 11 July 2001 and entered into force on 11 January 2002.
- Law No. 4822 Amending the Law on the Protection of the Consumer was published in the Official Gazette No. 25048 of 14 March 2003.
Secondary Legislation promulgated after the publication of the Council Decision of 8 March 2001 on the Accession Partnership with the Republic of Turkey is given in Annex 23.1.
I- PRIORITY LIST
PRIORITY 23.1 Alignment with the EU Consumer Protection Legislation and Raising Public Awareness
PRIORITY 23.2 Product Safety
II- MEASURES FOR HARMONISATION WITH THE EU LEGISLATION AND IMPLEMENTATION
PRIORITY 23.1. Alignment with the EU Consumer Protection Legislation and Raising Public Awareness
1- Priority Description
The main purpose is to align with EU Directives regarding consumer protection and raising public awareness, as well as the effective implementation of this legislation. The Directorate General for the Protection of Consumers and Competition established under the Ministry of Industry and Trade is the responsible authority for consumer related subjects. The Arbitration Committee for Consumer Problems has been established in 931 centres situated in provinces and districts of Turkey. These committees are authorised to decide the settlement of conflicts between consumers and sellers up to a value of 250 Euros. Disputes over 250 Euro are settled either in Consumer Courts established in Istanbul, Ankara, and Izmir or in commercial courts acting as Specialized Consumer Courts located in the remaining 78 provinces. If deemed necessary, the number of Specialized Consumer Courts will be increased. Moreover, in Turkey there are 35 consumer organisations. With the aim of raising awareness about current laws and rights, training programmes are being planned for both citizens and organizations.
2- Schedule of Necessary Legislative Changes
Table 23.1.1
No Title and Number of EU Legislation Title of Draft Turkish Legislation a) Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into force
1 Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising Implementing Regulation Amending Regulation on Board of Advertisement b) Ministry of Industry and Trade July 2003 2- July 2003
2 Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit Implementing Regulations on Implementing Rules and Procedures on Consumer Credit. Ministry of Industry and Trade July 2003 2- July 2003
3 Commission Recommendation 98/257/EC of 30 March 1998 on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputes Implementing Regulation on Arbitration Committee for Consumer Problems Ministry of Industry and Trade July 2003 2- July 2003
a) Law No: 4822 Amending the Law on the Protection of the Consumer was published in the Official Gazette No. 25048 of 14 March 2003. It is envisaged that the administrative arrangements will be completed within 3 months. The provisions of Council Directive 87/357/EEC on products which, appearing to be other than they are, endanger the health or safety of consumers and Directive 98/27/EC on injunctions for the protection of consumers' interests, cited in the Consumer Protection and Health Chapter in the previous National Programme, have been incorporated within Law No: 4822 Amending Law on the Protection of the Consumer. Therefore, there is no need for any arrangement for this legislation.
b) Certain provisions of Directive 84/450/EEC are covered by the Implementing Regulation for the Implementation Rules and Procedures Regarding Commercial Advertising and Notices published in the Official Gazette No. 25138 of 14 June 2003.
3- Schedule of Necessary Institutional Changes
Table 23.1.2
No Necessary Institutional Changes – (Ministry of Industry and Trade) Period of Implementation
1 Training of the central and local offices of the Ministry of Industry and Trade concerning the amendments in the Law and relevant secondary legislation. 2003
2 Training of the members of the Arbitration Committee for Consumer Problems regarding the amendments in the Law and relevant secondary legislation. 2003
3 Training of consumers and related associations and foundations concerning amendments in the Law and relevant secondary legislation. 2003
4- Financing Requirements and Sources of Financing
Table 23.1.3 (Euro)
Requirements – (Ministry of Industry and Trade) Year National Budget EU Resources Other Resources Total
I- Investment
II- Harmonisation with the EU Legislation and Implementation
Personnel
Training
Technical assistance with the aim of informing consumers regarding new Consumer Law and the relevant secondary legislation within the framework of EU-Turkey Administrative Cooperation Fund 2002 Implementation
- Informing the consumer:
1 expert, 2 weeks
- Informing firms:
1 expert, 2 weeks 2003 - 2004 20,000 20,000a)
Consultancy
Short term technical assistance for the preparation of secondary legislation regarding consumer protection within the framework of Implementation EU-Turkey Administrative Cooperation Fund 2002 Programme 1 expert, 2 weeks 2003 10,000 10,000a)
Translation
Other
Twinning project
(Directed to inform the consumers about the new Consumer Law and secondary legislation for consumer protection) From 2003 on 1,000,000 1,000,000
Total 1,030,000 1,030,000
a Will be realized after the completion of administrative arrangements.
PRIORITY 23.2 Product Safety
1- Priority Description
Most of the Turkish legislation that has been aligned with the EU legislation regarding product safety is featured under the Free Movement of Goods Chapter Annex 1.1. In this context, important projects have been submitted to the Pre-Accession Financial Cooperation Programs in order to set up the market surveillance system in accordance with the EU structures. The system is expected to begin operating in 2004. Further, establishing an information network is planned for the notification of dangerous products on a national basis. Efforts for the inclusion of a project prepared for food products in the 2004 Programming Pre-Accession Financial Cooperation continue.
In order for the draft legislation harmonizing notification provisions and the annex of Council Directive No 92/59/EEC on General Product Safety to be enforced in 2004 and to be included in the Rapid Information Exchange System (RAPEX) of the Community, certain issues should be primarily clarified by the Commission and the parties should reach a conclusion.
2- Schedule of Necessary Legislative Changes
Table 23.2.1
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into force
1 Council Directive 92/59/EEC of 29 June 1992 on general product safety (Only notification provisions and its annex) a) Implementing Regulation on the Notification between Turkey and the European Union of the Measures Taken During the Market Surveillance of Products Undersecretariat of Foreign Trade January 2004b) 2- July 2004
a) Studies will continue on alignment with the new Directive 2001/95/EC on General Product Safety, which will repeal 92/59/EEC from January 2004.
b) Turkey agrees with the European Commission to hold a meeting regarding the inclusion of Turkey within the RAPEX system. According to the conclusions of this meeting the approval and publishing date of national legislation to align with Directive 92/59/EEC can change.
3- Schedule of Necessary Institutional Changes
Institutional changes are not foreseen at this stage for Undersecretariat of Foreign Trade. However, whether the related public authorities require any additional institutional changes will be clarified following meetings with EU officials.
4- Financing Requirements and Sources of Financing
There are no financing requirements foreseen at this stage for this priority.
Annex 23.1
Secondary Legislation promulgated after the publication of the Council Decision of 8 March 2001 on the Accession Partnership with the Republic of Turkey
Title of the EU Legislation Corresponding Turkish Legislation Responsible Institution Date and Number of the Official Gazette
Council Directive 87/357/EEC of 25 June 1987 on the approximation of the laws of the Member States concerning products which, appearing to be other than they are, endanger the health or safety of consumers Law No: 4822 Amending the Law on the Protection of the Consumer also regulates this Directive, in addition to other amendments. Ministry of Industry and Trade 14.3.2003, No. 25048
Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests Law No: 4822 Amending the Law on the Protection of the Consumer also regulates this Directive, in addition to other amendments. Ministry of Industry and Trade 14.3.2003, No. 25048
Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products Implementing Regulation on liability from defective products Ministry of Industry and Trade 13.6.2003, No. 25137
Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises Implementing Regulation on the implementation rules and procedures regarding door-to-door sales Ministry of Industry and Trade 13.6.2003, No. 25137
Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours Implementing Regulation on the implementation rules and procedures regarding package tours Ministry of Industry and Trade 13.6.2003, No. 25137
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts Implementing Regulation on unfair terms in consumer contracts Ministry of Industry and Trade 13.6.2003, No. 25137
Directive 94/47/EC of the European Parliament and the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis Implementing Regulation on the implementation rules and procedures for immovables used on a timeshare basis Ministry of Industry and Trade 13.6.2003, No. 25137
Title of the EU Legislation Corresponding Turkish Legislation Responsible Institution Date and Number of the Official Gazette
Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts Implementing Regulation on the implementation rules and procedures on distant contracts. Ministry of Industry and Trade 13.6.2003, No. 25137
Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers Implementing Regulation on Labels, Tariff and Price Lists Ministry of Industry and Trade 13.6.2003, No. 25137
Directive 97/55/EC of European Parliament and of the Council of 6 October 1997 amending Directive 84/450/EEC concerning misleading advertising so as to include comparative advertising Implementing Regulation on implementation rules and procedures regarding commercial advertising and notices Ministry of Industry and Trade 14.6.2003, No. 25138
Implementing Regulation on the implementation procedures of warranty certificates
Implementing Regulation on the services performed after the sale of industrial products
24- JUSTICE AND HOME AFFAIRS
The Turkish legislation adopted and entered into force in the area of Justice and Home Affairs (and the Political Criteria) since the first National Programme was published (between the dates of March 24th 2001- May 11th 2003) towards alignment with the EU Acquis has been annexed (Annex 24.1 and Annex 24.2).
I- LIST OF PRIORITIES
PRIORITY 24.1 Alignment with the EU Acquis and Capacity Building in the Field of Asylum
PRIORITY 24.2 Continuation of the Alignment with the EU Acquis on Border Management and Preparation for the Implementation of the Schengen Acquis
PRIORITY 24.3 Alignment of the Visa Legislation with the EU Acquis and Implementation
PRIORITY 24.4 Adoption and Implementation of the EU Acquis and Best Practices on the Fight Against Illegal Migration
PRIORITY 24.5 Organised Crime, Fraud and Corruption
PRIORITY 24.6 Adoption and Implementation of the EU Acquis in the Field of Drugs
PRIORITY 24.7 Adoption and Implementation of the EU Acquis in the Field of the Fight Against Money Laundering
PRIORITY 24.8 Police Cooperation, Full Participation in Schengen Information System and in Europol
PRIORITY 24.9 Alignment with the EU Acquis on Personal Data Protection
PRIORITY 24.10 Adoption and Implementation of the EU Acquis in the Fields of the Criminal Law Protection of the Euro and of the Community's Financial Interests
PRIORITY 24.11 Adoption and Implementation of the EU Acquis on Judicial Cooperation in the Field of Criminal Law
PRIORITY 24.12 Adoption and Implementation of the EU Acquis on Judicial Cooperation in the Field of Civil Law
PRIORITY 24.13 Continuation of Improvement of the Legal Assistance System in order to Ensure Access to Justice for All Citizens
PRIORITY 24.14 Functioning of the Judiciary and Capacity Building for the Establishment of an Effective Judicial System
Task 24.14.1 Strengthening the Functioning of the Judiciary and Capacity Building for Judicial and Administrative Services
Task 24.14.2 Achievement of International Standards for Prisons and Detention Houses
Task 24.14.3 Judicial Automation
II- MEASURES FOR HARMONISATION WITH THE EU LEGISLATION AND IMPLEMENTATION
PRIORITY 24.1 Alignment with the EU Acquis and Capacity Building in the Field of Asylum
1-Priority Description
In the 2003 Accession Partnership, harmonization with the EU acquis in the area of asylum was listed as a priority. Under the medium-term priorities of this heading, developing accommodation facilities and social support mechanisms for refugees and asylum seekers and enhancing administrative and technical capacities have been envisaged. Under this heading, following the entry into force of the Draft Law on Asylum, the work on harmonization with the EU acquis will continue and administrative measures will be further developed.
Turkey has signed and ratified the 1951 United Nations Geneva Convention Relating to the Status of Refugees and its Additional Protocol. While being a party to this Convention Turkey declared at the time of its accession a geographical limitation on the definition of the term “refugee”. Despite the limitation on the definition, as a result of humanitarian concerns both for foreigners granted refugee status and for foreigners arriving from regions outside of Europe granted temporary asylum rights, Turkey strictly observes the “non-refoulement” principle of the Article 33 of the Convention. The issue of geographic limitation will be addressed during the progression of EU accession negotiations of Turkey. The geographic limitation will be lifted in the accession process, on the condition that it should not encourage large scale refugee inflows to Turkey from the East, upon the completion of the necessary legislative and infra-structural measures and in line with the sensitivity of the EU Member States on the issue of burden-sharing.
The sub-working groups under the Asylum, Immigration and External Borders Task Force, which consist of experts from relevant public institutions and organizations have adopted national strategy documents/papers on these three topics as a result of their semi-annual meetings, working visits and legislative screening activities. In the framework of strategy papers regarding the EU harmonization process a series of activities on training, restructuring and legislation on the issue of asylum will be undertaken.
There has not been any legislative changes regarding this priority heading.
2- Schedule of Necessary Legislative Changes
Table 24.1.1
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
1 Convention for determining the state responsible for processing asylum claims in Member States (date of signature: 15 June 1990, date of entry into force: 1 September 1997) - Dublin Convention Law on Asylum Ministry of Interior 2005 1- 2005
2- 2005
2 Decision No 1/97 of 9 September 1997 of the Committee set up by Article 18 of the Dublin Convention of 15 June 1990, establishing provisions for the implementation of the Convention Law on Asylum Ministry of Interior 2005 1- 2005
2- 2005
3 Decision No 2/97 of 9 September 1997 of the Committee set up by Article 18 of the Dublin Convention of 15 June 1990, establishing the Committee's Rules of Procedure Law on Asylum Ministry of Interior 2005 1- 2005
2- 2005
Table 24.1.1 (Continued)
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
4 Decision No 1/98 of 30 June 1998 of the Committee set up by Article 18 of the Dublin Convention of 15 June 1990, concerning provisions for the implementation of the Convention Law on Asylum Ministry of Interior 2005 1- 2005
2- 2005
5 Decision No 1/2000 of 31 October 2000 of the Committee set up by Article 18 of the Dublin Convention concerning the transfer of responsibility for family members in accordance with Article 3(4) and Article 9 of the said Convention Law on Asylum Ministry of Interior 2005 1- 2005
2- 2005
6 Joint Position of 4 March 1996 defined by the Council on the basis of Article K.3 of the Treaty on European Union on the harmonization of applications concerning the definition of the term 'refugee' in Article 1 of the Geneva Convention of 28 July 1951 relating to the status of refugees (96/196/JHA) Law on Asylum Ministry of Interior 2005 1- 2005
2- 2005
8 Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of the Dublin Convention Law on Asylum Ministry of Interior 2005 1- 2005
2- 2005
9 Joint Action of 26 April 1999 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, establishing projects and measures to provide practical support in relation to the reception and voluntary repatriation of refugees, displaced persons and asylum seekers, including emergency assistance to persons who have fled as a result of recent events in Kosovo (1999/290/JHA) Law on Asylum Ministry of Interior 2005 1- 2005
2- 2005
10 Commission Decision No 2001/275/EC of 20 March 2001 laying down detailed rules for the implementation of Council Decision 2000/596/EC as regards the eligibility of expenditure and reports on implementation in the context of actions co-financed by the European Refugee Fund a) Law on Asylum Ministry of Interior 2005 1- 2005
2- 2005
Table 24.1.1 (Continued)
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
11 Council Resolution of 20 June 1995 on the minimum guarantees for asylum procedures (31996Y0919(05)) Law on Asylum Ministry of Interior 2005 1- 2005
2- 2005
12 Council Decision of 26 June 1997 on monitoring the implementation of instruments adopted concerning asylum (97/420/JHA) Law on Asylum Ministry of Interior 2005 1- 2005
2- 2005
13 Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining asylum application lodged in one of the Member States by a third-country national Law on Asylum Ministry of Interior 2005 1- 2005
2- 2005
14 Council Directive 2001/55/EC of 20 July 2001 on the minimum standards for providing temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof Law on Asylum Ministry of Interior 2005 1- 2005
2- 2005
15 Council Directive 2003/9/EC of 27 January 2003 laying down the minimum standards for the reception of asylum seekers Law on Asylum Ministry of Interior 2005 1- 2005
2- 2005
16 Commission Decision No 2002/307/EC of 18 December 2001 laying down detailed rules for the implementation of Council Decision 2000/596/EC as regards the management and control systems and procedures for making financial corrections in the context of actions co-financed by the European Refugee Fund Law on Asylum Ministry of Interior 2005 2005
a) Although European Refugee Fund will have expired on 31 December 2004, in case of the extension of the date of effectiveness of the legislation on the said fund or the amendment of this legislation, alignment with this legislation will be undertaken in 2005.
3- Schedule for Necessary Institutional Changes
Table 24.1.2
No Necessary Institutional Changes Period of Implementation
1 Developing information and awareness programmes on the legislation and best practices in the EU in the field of JHA to increase awareness in society 2005
2 Identifying training needs of the personnel and developing training programmes based on the needs identified 2004
3 Constructing training centres for sustainable training programmes for the law enforcement units 2004-2005
4 Organizing seminars on Law on Asylum 2003-2005
5 Developing a strategy on asylum and strengthening the relevant agencies and institutions within the scope of this strategy
6 Establishing a single and centralized institution under the Ministry of Interior specialized in the determination of refugee status and fulfilment of the legislative, administrative and infrastructural needs for developing its operational capacity 2004-2005
7 Analysis and feasibility study on the cost and location of guesthouses, reception and shelter centres that will be built in the case of an increase in numbers of refugees upon the lifting of the geographic limitation. 2004-2005
8 Establishing refugee guesthouses and refugee shelter centres 2004-2005
9 Establishing reception centres for asylum seekers 2004-2005
10 Strengthening the database keeping track of countries of origin of refugees and asylum seekers 2003-2005
11 Developing social support mechanisms for refugees (education, health, interpretation services and employment) 2003-2005
12 Strengthening social support mechanisms that are being provided for the vulnerable 2003-2005
13 Recruitment and training of personnel such as experts for psycho-social support, interpreters etc. 2005
4- Financing Requirements and Source of Financing
Table 24.1.3 (Euro)
Requirements – (Directorate General of Public Security) Year National Budget EU Resources Other Resources Total
I- Investment
Construction of the premises for the Specialized Institution (Board of Asylum and Migration) 2004-2005 5,000,000 15,000,000 20,000,000
Construction of the refugee guesthouses and refugee shelter centres 2004-2005 5,000,000 15,000,000 20,000,000
Construction of the reception centres for asylum seekers 2004-2005 5,000,000 15,000,000 20,000,000
Construction of the centres for staff training 2004-2005 5,000,000 15,000,000 20,000,000
II- Harmonisation with the EU Legislation and Implementation
Training a) 2003-2004 250,000 250,000
Personnel
Consultancya) 2003-2004 450,000 450,000
Translation 2003-2005 450,000 450,000
Other b) 2003-2005 1,000,000 1,000,000
Total 20,000,000 62,150,000 82,150,000
a) Will be financed from the budget of the Twinning Project no TR02-JH-03 providing support for the development of an action plan to implement Turkey’s Asylum and Migration Strategy, within the scope of project No TR 204.02.
b) Planned for the expenditure envisaged in accordance with the results obtained from the Needs Assessment Report in the context of project No TR02-JH-03 providing support for the development of an action plan to implement Turkey’s Asylum and Migration Strategy within the scope of project No TR 204.02.
PRIORITY 24.2 The Continuation of the Alignment with the EU Acquis on Border Management and Preparation for the Implementation of the Schengen Acquis
1- Priority Description
In the 2003 Accession Partnership, improvement of the capacity of the public administration to develop effective border management in line with the acquis and the best practices of the EU was listed in the short term priorities. In the medium term priorities section, the continuation of the alignment with the acquis and best practices concerning border management, in addition to preparations for the full implementation of the Schengen acquis, were listed.
In addition, relating to the section on free movement of people, work on harmonization with the EU acquis on the right to residence is continuing. In this framework, depending on the outcome of negotiations, the harmonization of the legislation, including the date of the entry into force of the reciprocity principle, will be completed upon accession.
The sub-working groups under the Asylum, Immigration and External Borders Task Force, which consist of experts from the relevant public institutions and organizations have adopted national strategy documents/papers on these three topics as a result of their semi-annual meetings, working visits and legislative screening activities. In the light of these strategy papers, harmonization training in the field of external borders and on restructuring and legislative approximation concerning external borders will be undertaken.
There has not been any legislative changes regarding this priority heading.
2- Schedule of Necessary Legislative Changes
Table 24.2.1
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
1 Joint Action of 4 March 1996 adopted by the Council on the basis of Article K.3 of the Treaty on European Union on airport transit arrangements (96/197/JHA) Law on Foreign Nationals Ministry of Interior 01.01.2005 1- 01.03.2005
2- 01.05.2005
2 Resolution of the representatives of the Governments of the Member States meeting within the Council of 17 October 2000, supplementing the resolutions of 23 June 1981, 30 June 1982, 14 July 1986 and 10 July 1995 as regards the security features of passports and other travel documents Amendment to the Passport Law No 5682 Ministry of Interior 01.01.2004 1- 01.03.2004
2- 01.05.2004
Law on Foreign Nationals Ministry of Interior 01.01.2005 1- 01.03.2005
2- 01.05.2005
Amendment to the Passport Law No 5682 Ministry of Interior 01.01.2004 1- 01.03.2004
2- 01.05.2004
Table 24.2.1 (Continued)
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
Law on Foreign Nationals Ministry of Interior 01.01.2005 1- 01.03.2005
2- 01.05.2005
Amendment to the Passport Law No 5682 Ministry of Interior 01.01.2004 1- 01.03.2004
2- 01.05.2004
5 Council Regulation (EC) No 1091/2001 of 28 May 2001 on freedom of movement with a long-duration visa Law on Foreign Nationals Ministry of Interior 01.01.2005 1- 01.03.2005
2- 01.05.2005
3- Schedule for Necessary Institutional Changes
Table 24.2.2
No Necessary Institutional Changes - (Ministry of Interior, Directorate General for Public Security, Gendarmerie General Command, Coast Guard Command) Period of Implementation
1 Training of Personnel 2003-2005
2 Construction of expulsion centres 2004-2005
3 Fulfilment of the legislative, administrative and infra-structural needs for the establishment of a non-military and professional border guard institution 2004-2005
4 Strengthening technical and administrative capacities of agencies and institutions responsible for the control of the borders including the Gendarmerie General Command and the Coast Guard Command in line with the best practices of the EU Member States prior to the establishment of a non-military and professional border guard institution 2003-2005
4- Financing Requirements and Source of Financing
Table 24.2.3 (Euro)
Requirements - (Ministry of Interior, Directorate General for Public Security, Gendarmerie General Command, Coast Guard Command) Year National Budget EU Resources Other Resources Total
I- Investment
Construction of expulsion centres 2004-2005 5,000,000 15,000,000 20,000,000
Provision of new equipment for border control gates to fight against fraud 2005 1,000,000 3,000,000 4,000,000
II- Harmonisation with the EU Legislation and Implementation
Training a) 2003-2004 250,000 250,000
Consultancy a) 2003-2004 450,000 450,000
Translation
Other 35,000 35,000
Total 6,000,000 18,735,000 24,735,000
a) Will be financed from the budget of the Twinning Project no TR02-JH-02 providing support for the development of an Action Plan to implement Turkey's integrated border management strategy within the scope of the project No TR 204.01
PRIORITY 24.3. Alignment of the Visa Legislation with the EU Acquis and implementation
1-Priority Description
In order to continue the process of alignment of visa legislation and practice with the acquis, the issues cited below will be given priority:
- Important steps have been taken to align with the EU Visa Negative List. By May 2003, 75% alignment with the said list was achieved. For full alignment, the situation of six countries needs to be reviewed. As a first step, Turkey introduced visa requirements for six Gulf countries (Bahrain, Qatar, Kuwait, Oman, Saudi Arabia and United Arab Emirates) which the EU subjects to visa requirements, as of September 1st 2002. As a second step, thirteen countries (Indonesia, Republic of South Africa, Kenya, Bahamas, Maldives, Barbados, Seychelles, Jamaica, Belize, Fiji, Mauritius, Grenada and Santa Lucia) have been listed for visa requirements, and these entered into force between May-July 2003.
- The visa stickers currently used in Turkey do not meet the minimum security standards of the EU. Therefore, the use by Turkey of visa stickers with high security measures in alignment with the EU and the International Civil Aviation Organization (ICAO) is foreseen.
- Current visa types issued by Turkey are not in line with the Schengen visa types valid in EU member states. An incremental alignment process is envisaged in this area.
- Providing technical equipment to Turkish Representations and border control gates to check documents for authenticity and security is important for combating illegal immigration and human trafficking.
- The initiation of the airport transit visa practice will facilitate the addressing of problems caused by persons who are sent back to Turkey after attempting illegal entry to EU member states on flights via Turkish airports.
Issuing visas at borders is not a practice used in the Schengen system. This practice is to be incrementally abolished.*
2- Schedule of Necessary Legislative Changes
Table 24.3.1
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
1 Annex I of the Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement – EU visa negative list Decisions of Council of Ministers, bilateral agreements Ministry of Foreign Affairs
Ministry of Interior 2003-2004 1- 2004
2- 2004
Amendment to the (relevant parts of ) Passport Law No. 5682
2004-2005 1- 2005
2- 2005
Amendment to the (relevant parts of ) Law on Residence and Travelling of Foreigners in Turkey No. 5683 2004-2005 1- 2005
2- 2005
Amendment to the (relevant parts of the ) Passport Law No. 5682
Amendment to the (relevant parts of ) Law on Residence and Travelling of Foreign Nationals in Turkey No. 5683
Table 24.3.1 (Continued)
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
Amendment to the (relevant parts of ) Passport Law No 5682
Amendment to the (relevant parts of ) Law on Residence and Travelling of Foreign Nationals in Turkey No. 5683
3- Schedule for Necessary Institutional Changes
Table 24.3.2
No Necessary Institutional Changes - (Ministry of Foreign Affairs) Period of Implementation
1 Alignment with the EU Negative Visa List* 2004
Table 24.3.3
No Necessary Institutional Changes - (Ministry of Interior) Period of Implementation
1 The practice of issuing visas at border crossings will be abolished. 2005
2 Introduction of airport transit visa practices 2005
4- Financing Requirements and Source of Financing
Table 24.3.4. (Euro)
Requirements - (Ministry of Interior, Ministry of Foreign Affairs) Year National Budget EU Resources Other Resources Total
I- Investment
Provision of technical equipment to check document authenticity and security a) 2004-2005 *143,750 *432,250 * *575,000
II- Harmonisation with the EU Legislation and Implementation
Personnel * * * *
Training a) 2004-2005 * *800,000 * *800,000
Consultancy a) 2004-2005 * *244,000 * *244,000
Translation * * * *
Other a) 2004-2005 * *300,000 * *300,000
Total 143,750 1,776,250 * *1,919,000
a) Project for Visa Policy and Practices is within the scope of 2003 Financial Cooperation Programme.
PRIORITY 24.4 Adoption and Implementation of the EU Acquis and Best Practices on the Fight against Illegal Migration
1-Priority Description
In the 2003 Accession Partnership, reinforcing the fight against illegal immigration, adoption and implementation of the acquis and best practices on migration (admission, readmission, expulsion) with a view to preventing illegal immigration has been listed in the medium term priorities.
The sub-working groups under the Asylum, Immigration and External Borders Task Force, which consist of experts from the relevant public institutions and organizations have adopted national strategy papers on these three topics as a result of their semi-annual meetings, workshops and legislative screening activities. A series of training, reorganization and legislation activities on the issue of asylum will be undertaken in accordance with the strategy papers on the EU harmonization process in the field of immigration.
Turkey has become a member of the Centre for Information Discussion and Exchange on the Crossing of Frontiers and Immigration (CIREFI) in 2001. As of this date, statistical information has been exchanged with the said Centre. Turkey participates in the meetings organized by the Centre every six months. Through the Early Warning System, Turkey shares emergency information with EU members and candidate countries on illegal immigration and stolen documents.
In the context of the fight against illegal immigration Turkey will initiate, in the medium term, the practices on readmission and expulsion in addition to the alignment with the EU legislation required in the pre-accession process. The Turkish Government will continue to sign readmission agreements with neighbouring countries and countries of origin covering Turkish citizens, persons illegally transiting through Turkey, and foreign nationals caught during illegal residence in Turkey. In this vein, Turkey aims to conclude readmission agreements first with its Eastern neighbouring countries, and then with countries East of these countries and finally, with its Western neighbouring countries.
Turkey has offered to conclude readmission agreements with Afghanistan, Bangladesh, Bulgaria, Greece, India, Iran, Iraq, Pakistan, Peoples Republic of China (P.R.C.), Romania, Syria, and Sri Lanka in 2001. In that framework, a Readmission Protocol was signed with Greece on 8 November 2001. In addition, negotiations continue with Bulgaria. Second round negotiations have been concluded and an agreement has been initialled with Romania. In this regard a readmission agreement is expected to be signed soon. There has been no response from India, Iran, Pakistan, Peoples Republic of China (P.R.C.) and Sri Lanka to the Turkish Government’s initiative. Moreover in 2002, readmission agreements were offered to Algeria, Belarus, Egypt, Ethiopia, Georgia, Israel, Jordan, Kazakhstan, Kyrgyzstan, Lebanon, Libya, Mongolia, Morocco, Nigeria, Russian Federation, Sudan, Tunisia, and Uzbekistan. From the countries cited above, a Readmission Agreement was signed with Kyrgyzstan on 6 May 2003.
2- Schedule of Necessary Legislative Changes
Table 24.4.1
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
1 Joint Action of 16 December 1996 adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning a uniform format for residence permits (97/11/JHA) Law on Foreign Nationals Ministry of Interior 01.01.2005 1- 01.06.2005
2- 01.08.2005
2 Council Resolution of 20 June 1994 on limitation of admission of third-country nationals to the territory of the Member States for employment Law on Foreign Nationals Ministry of Interior 01.01.2005 1- 01.06.2005
2- 01.08.2005
3 Council Resolution of 30 November 1994 relating to the limitations on the admission of third-country nationals to the territory of the Member States for the purpose of pursuing activities as self-employed persons Law on Foreign Nationals Ministry of Interior 01.01.2005 1- 01.06.2005
2- 01.08.2005
4 Council Resolution of 4 December 1997 on measures to be adopted for the combating of marriages of convenience (97/C 382/01) Law on Foreign Nationals Ministry of Interior 01.01.2005 1- 01.06.2005
2- 01.08.2005
5 Council Decision of 3 December 1998 on common standards relating to filling in the uniform format for residence permits (98/701/JHA) Law on Foreign Nationals Ministry of Interior 01.01.2005 1- 01.06.2005
2- 01.08.2005
Table 24.4.1 (Continued)
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
6 Council Recommendation of 22 December 1995 on concerted action and cooperation in carrying out expulsion measures (96/C 5/02) Implementing Regulation on Deportation Ministry of Interior 01.01.2004 2- 01.06.2004
7 Council Directive No 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals Implementing Regulation on Deportation Ministry of Interior 01.01.2004 2- 01.06.2004
8 Council Resolution of 4 March 1996 on the status of third-country nationals residing on a long-term basis in the territory of the Member States (96/C 80/02) Law on Foreign Nationals Ministry of Interior 01.01.2005 1- 01.06.2005
2- 01.08.2005
3- Schedule for Necessary Institutional Changes
Table 24.4.2
No Necessary Institutional Changes – (Ministry of Interior) Period of Implementation
1 Training of personnel 2003-2004
2 Establishment of expulsion centres 2004-2005
4- Financing Requirements and Source of Financing
Table 24.4.3 (Euro)
Requirements – (Ministry of Interior) Year National Budget EU Resources Other Resources Total
I- Investment
Construction of expulsion centres 2004-2005 5 000,000 15 000,000 20 000,000
Table 24.4.3 (Continued) (Euro)
Requirements – (Ministry of Interior) Year National Budget EU Resources Other Resources Total
II. Harmonisation with the EU Legislation and Implementation
Training a) 2003-2004
Consultancy a) 2003-2004
Translation
Other
Total 5,000,000 15,000,000 20,000,000
a) For the consultancy and training requirements, a sum of 700.000 Euro will be allocated from the budget of project no TR02-JH-03 providing support for the development of an action plan to implement Turkey’s Asylum and Migration Strategy within the scope of project no TR 204.02 evaluated in terms of Financing Requirements and Source of Financing within the framework of Turkey’s priority no 24.1 for the initiation of the alignment with EU Legislation and capacity building in the field of Asylum.
PRIORITY 24.5 Organised Crime, Fraud and Corruption
1-Priority Description
Efforts will continue for the adoption and implementation of the EU acquis on organised crime, fraud, corruption and people smuggling. Administrative capacity and co-operation between different law-enforcement bodies will be enhanced and international cooperation in these fields will be intensified.
Organised Crime
By means of legislative alignment, strengthening of the administrative capacity and cooperation between different law-enforcement bodies in line with the EU standards, the fight against organised crime, drugs, trafficking of human beings will be further improved.
Adoption and implementation of the EU acquis and strengthening of the administrative capacity and co-operation between different line institutions in the fields of fraud, corruption and organised crime will continue and international co-operation in these fields will be improved.
To ensure an effective fight against bribery, corruption, fraud and money laundering, efforts to complete a country-wide real estate database within the Title Deeds and Cadastre Information System (TAKBİS) which is currently being implemented by the Directorate General for Title Deeds and Cadastre (Ministry of Public Works and Settlement) in order to automate the processing of all legal and technical information on immovable property will continue.
In line with this priority;
- Law No. 4800 of 30.01.2003 Approving Ratification of the United Nations Convention Against Transnational Organized Crime (Palermo Convention)
- Law Approving Ratification of Protocol Against the Smuggling of Migrants By Land, Sea and Air Supplementing The United Nations Convention Against Transnational Organized Crime
- Law Approving Ratification of Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing The United Nations Convention Against Transnational Organized Crime
have entered into force after being published in the Official Gazette: 25014, dated: 4.2.2003.
Fraud and Corruption
Considering that the perpetrators of organised crime related to corruption may be legal persons, the EU acquis has foreseen attribution of criminal liability to legal persons. A significant development in Turkish legislation to this end is the recognition of liability of legal persons within the scope of Article 220 of the Turkish Criminal Code amended by Law No. 4782 Amending Various Laws for the Prevention of Bribery of Foreign Public Officials in International Business Transactions. However, in the new draft Turkish Civil Code, there will be a system change regarding all economic crime types, and criminal liability of legal persons will be possible after the adoption of the new code.
Regarding this priority heading;
- Law No. 4852 of 17 April 2003 Approving Ratification of the Convention on Civil Law Against Corruption (Official Gazette: No. 25088, dated: 24 April.2003)
- Law Amending Law No. 3842 of 18 November 1992 on the Establishment and Procedure of the State Security Courts , Law No. 4723 of 6 December 2001 Amending Law on Combating Organisations Pursuing Illicit Gain (Official Gazette: No. 24612, dated: 13 December 2001)
- Law No. 4782 of 2 January 2003 Amending Various Laws for the Prevention of Bribery of Foreign Public Officials in International Business Transactions (Official Gazette: No. 24990, dated: 11 January 2003)
- Law No. 4814 of 26 February 2003 Amending Relevant Articles of the Law on the Regulation of Payments by Check and Protection of Check Holders, (Official Gazette: No. 25042, dated: 8 March 2003)
2- Schedule of Necessary Legislative Changes
Table 24.5.1
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
1 Council of Europe Criminal Law Convention on Corruption, opened to signature on 27 January 1999 (91999JHA10302) Law on Approval Ministry of Foreign Affairs
Ministry of Justice 2003/2004 1- 2004
2- 2004
Table 24.5.1 (Continued)
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
2- Adoption by the Parliament
2- Entry into Force
2 Council Framework Decision of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment (2001/413/JHA) Turkish Penal Code Ministry of Justice
Ministry of Interior
Ministry of Finance 2003 2- 2003/2004
2- 2004
3 Joint action of 21 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, criminalizing participation in a criminal organisation in the Member States of the European Union (98/733/JHA) Turkish Penal Code Ministry of Justice
Ministry of Interior 2003 2- 2003/2004
2- 2004
4 Second additional protocol of 19 June 1997 of the Convention on the protection of European Communities’ financial interests (41997Y0719(02)) Turkish Penal Code Ministry of Justice 2003 2- 2003/2004
2- 2004
5 Council of Europe Convention on Cyber Crime, opened to signature on 23 November 2001ETS No.185
(Common Position No 1999/364/JHA of 27 May 1999 adopted by the Council on the basis of Article 34 of the Treaty on European Union, on negotiations relating to the Draft Convention on Cyber Crime held in the Council of Europe) Law on Approval Ministry of Foreign Affairs
Ministry of Interior
Ministry of Justice 2005 2- 2005
2- 2005
6 Joint Action of 5 December 1997 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, establishing a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organized crime (97/827/JHA) New Legislation Ministry of Interior 2005 2- 2005
2- 2005
Table 24.5.1 (Continued)
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
Law No 4422 on Combating Organisations Pursuing Illicit Gain
2005 1- 2005
2- 2005
Law on Penal Procedure 2003 1- 2004
2- 2004
8 Council Resolution of 17 January 1995 on the lawful interception of telecommunications (96/C 329/01) Law No 4422 on Combating Organisations Pursuing Illicit Gain Ministry of Interior
Ministry of Justice 2005 1- 2005
2- 2005
9 Pre Accession Pact of 28 May 1998 on Organised Crimes (98/C220/01) To become a party to the Pact Ministry of Foreign Affairs
Ministry of Interior
Ministry of Justice 2005 1- 2005
2- 2005
3- Schedule for Necessary Institutional Changes
Table 24.5.2
No Necessary Institutional Changes – (Ministry of Interior Directorate General for Public Security) Period of Implementation
1 Complemented by the sectoral strategies and action plans regarding in particular the illicit use of production and trafficking in drugs, high-tech crimes, international co-operation, criminal analysis and anti-corruption, the current strategy on organised crime will be assessed and a national strategy on organised crime will be developed and an Action Plan on the Fight Against Organised Crime will be prepared 2005
2 Government institutions’ efforts and capabilities in the fight against organised crime will be co-ordinated and reinforced and the co-operation between the Ministry of the Interior, the National Police, and the Gendarmerie in dealing with organised crime will be improved 2005
3 Staff of law enforcement authorities and other key personnel will be trained in the area of the fight against organised crime 2005
Table 24.5.2 (Continued)
No Necessary Institutional Changes – (Ministry of Interior Directorate General for Public Security) Period of Implementation
4 A documentation and criminal research facility will be created within the Turkish International Academy Against Drugs and Organised Crime (TADOC) 2005
5 The intensification of international contacts, the understanding in respect of Member State successful strategies against organised crime, and the alignment capability of the Turkish National Police and all related law-enforcement units to Europol will be increased 2005
6 Improved application of the principles of the Pre-accession pact on Organised crime 2005
7 Printing and distribution of the Brochure on Euro Counterfeiting and Forgery following the further development of its content 2003
8 The Division of Advanced Technology and Information Systems established under the Department of Anti-Smuggling and Organised Crime of the Directorate General for Public Security, and other units to be established under all law-enforcement agencies will be supported through training programmes and by the provision of personnel and technical equipment. 2005
Table 24.5.3
No Necessary Institutional Changes – (Gendarmerie General Command) Period of Implementation
1 Strengthening of the Gendarmerie General Command Department of Anti-Smuggling and Organized Crime with a view to strengthen the fight against organised crime 2005
4- Financing Requirements and Source of Financing
Table 24.5.4 (Euro)
Requirements - (Ministry of Interior Directorate General for Public Security) Year National Budget EU Resources Other Resources Total
I- Investment a) 2005 367,000 1,355,000 1,722,000
II. Harmonisation with the EU Legislation and Implementation
Personnel 2005 445,000 445,000
Training b) 2005 300,000 300,000
Table 24.5.4 (Continued) (Euro)
Requirements - (Ministry of Interior Directorate General for Public Security) Year National Budget EU Resources Other Resources Total
Consultancy c) 2005 360,000 360,000
Translation 2005 50,000 50,000
Other 2005 37,000 37,000
Total 367,000 2,547,000 2,914,000
a) A part of the Investment (a sum of 470.000 Euro, including 353.000 Euro from EU resources and 117.500 Euro from national budget) will be financed through Twinning project no TR02-JH-06 strengthening the fight against organised crime within the scope of project no TR 204.05
b) Partly financed through Twinning project no TR02-JH-06 strengthening the fight against organised crime within the scope of project no TR 204.05
c) Partly financed through Twinning project no TR02-JH-06 strengthening the fight against organised crime within the scope of project no TR 204.05
Table 24.5.5 (Euro)
Requirements - (Ministry of Interior, Gendarmerie General Command) Year National Budget EU Resources Other Resources Total
I- Investment 2005 100,000 300,000 400,000
II- Harmonisation with the EU Legislation and Implementation
Personnel 2005 3,200,000 3,200,000
Training 2005 1,150,000 1,750,000 2,900,000
Consultancy 2005 50,000 50,000
Translation 2005 25,000 50,000 75,000
Other 2005
Total 4,475,000 2,150,000 6,625,000
PRIORITY 24.6 Adoption and Implementation of the EU Acquis in the Field of Drugs
1- Priority Description
In the 2003 Accession Partnership, strengthening of the administrative capacity and co-operation between different law-enforcement bodies, and continuing the fight against drugs, fraud and corruption by means of legislative alignment is considered a short term priority. To this end, the fight against drugs will be reinforced. Adoption and implementation of the EU acquis, administrative capacity building and co-operation in line with the EU standards between different law-enforcement bodies in this field are considered. A national drug strategy will be developed and will start to be implemented in accordance with the EU Drugs Strategy and Action Plan.
Under this priority heading, Law No. 4659 of 26 April 2001 Approving Ratification of the Protocol Amending the 1961 Single Convention on Narcotic Drugs has been published in the Official Gazzette No 24448 dated 28 May 2001.
2- Schedule of Necessary Legislative Changes
Table 24.6.1
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
1 Agreement of 31 January 1995 on illicit traffic by sea, implementing Article 17 of the United Nations Convention opened to the signature on 20 December 1988, against illicit traffic in narcotic drugs and psychotropic substances ETS No. 156 (also relevant for judicial cooperation in criminal matters) (91999 JHA 10110) Law on Approval Ministry of Foreign Affairs 2005 1- 2005
2- 2005
2 Joint Action of 29 November 1996 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, concerning the exchange of information on the chemical profiling of drugs to facilitate improved cooperation between Member States in combating illicit drug trafficking (96/699/JHA) Implementing Regulation of the Law No 2313 on the Control of Narcotic Drugs Ministry of Interior
Ministry of Justice. 2004 1- 2004
2- 2004
3 Joint Action of 16 June 1997 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, concerning the information exchange, risk assessment and the control of new synthetic drugs New Legislation Ministry of Interior
Ministry of Health 2004 2- 2004
Table 24.6.1 (Continued)
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
4 Council Regulation (EEC) No 302/93 of 8 February 1993 on the establishment of a European Monitoring Centre for Drugs and Drug Addiction
Council Regulation (EC) No 3294/94 of 22 December 1994 amending Regulation (EEC) No 302/93 on the establishment of the European Monitoring Centre for Drugs and Drug Addiction
Council Regulation (EC) No 2220/2000 of 28 September 2000 amending Regulation (EEC) No 302/93 on the establishment of a European Monitoring Centre for Drugs and Drug Addiction New Legislation Ministry of Interior 2004 2- 2004
5 Council Decision of 13 September 1999 defining 4-MTA as a new synthetic drug which is to be made subject to control measures and criminal penalties (1999/615/JHA) Decision of Council of Ministers Ministry of Interior
Ministry of Health 2004 1- 2004
2- 2004
3- Schedule for Necessary Institutional Changes
Table 24.6.2
No Necessary Institutional Changes - (Ministry of Interior, Directorate General for Public Security) Period of Implementation
1 Chemical profiling of narcotic substances within the Chemical Examinations Section of the Criminal Police Laboratories 2003-2004
2 Provision of technical support and training and completing the necessary administrative regulations in order to increase the exchange of information on chemical profiling of narcotic substances in the field of the fight against drugs 2005
3 Drafting and signing of co-operation agreements and protocols in order to strengthen collaboration between all law- enforcement agencies in the fight against drugs 2005
4 Drafting and signing of co-operation protocols with different countries’ law-enforcement units in the field of the fight against drugs 2005
5 Strengthening the National Focal Point of the European Monitoring Centre for Drugs and Drug Addiction 2005
Table 24.6.2 (Continued)
No Necessary Institutional Changes - (Ministry of Interior, Directorate General for Public Security) Period of Implementation
6 Development of a national drugs strategy in harmonisation with the EU Drugs Strategy and Action Plan 2005
7 Continue participation by all law-enforcement units in training activities organised in the field of fight against drugs in co-operation with the EU Member States 2005
4- Financing Requirements and Source of Financing
Table 24.6.3 (Euro)
Requirements - (Ministry of Interior Directorate General for Public Security) Year National Budget EU Resources Other Total
I- Investment
TADOC Project a) 2004-2005 50,000 150,000 200,000
Chemical profiling of narcotic substances (Chemical Examinations Section of the Criminal Police Laboratories) b) 2004
II- Harmonisation with the EU Legislation and Implementation
Personnel 2005 600,000 600,000
Training c) 2004-2005 405,000 405,000
Consultancy c) 2004-2005 650,000 650,000
Translation 2004-2005
Other c) 2004-2005 145,000 145,000
Total 2004-2005 50,000 1,950,000 2,000,000
a) Will be financed through project no TR 0204.03 regarding the establishment of the Monitoring Centre for Drugs and Drug Addiction and development and implementation of the National Drug Strategy, within the scope of the 2002 EU- Turkey Financial Cooperation Programme
b) Will be financed through project no TR 204.05 evaluated in terms of Financing Requirements and Source of Financing within the framework of Turkey’s priority no 24.5 for organised crime, fraud and corruption and Twinning project no TR02-JH-06 strengthening the fight against money laundering (43.750 Euro from National Budget and 131.250 Euro from EU resources for investment purposes)
c) Project for Strengthening the Institutions in the Fight Against Trafficking in Human Beings is within the scope of 2003 Financial Cooperation Programme.
PRIORITY 24.7 Adoption and Implementation of the EU Acquis in the Field of the Fight Against Money Laundering
1- Priority Description
According to the 2003 Accession Partnership, adoption and implementation of the EU acquis, increasing administrative capacity and co-operation between the different law enforcement bodies and intensifying international co-operation in the field of money laundering are considered as short and medium term priorities.
In order to prevent the exploitation of the financial system with the aim of money laundering, alignment with the relevant EU acquis and strengthening of administrative and technical capacity are the main objectives.
Efforts on harmonisation with the 40 recommendations of the Financial Action Task Force (FATF) will continue.
The Ministry of Finance, Financial Crimes Investigation Board (MASAK) General Communiqué No. 3 was published in the Official Gazette No. 24664 dated 7 February 2002. Accordingly, “Presence of reasonable cause to believe, or to suspect that funds are related or connected to terrorism or terrorist acts or used to this end,” has been added as the 20th transaction type in addition to the previous 19 suspicious transaction types identified to assist those who carry out the obligation to inform on suspicious transactions. Also, with MASAK General Communiqué No. 4, published in the Official Gazette No. 24932 dated 10 November 2002, those so obliged, at the initial stage banks and private finance houses, are required to appoint a harmonization officer at an administrative level in order to make the necessary notifications.
With the Law Amending Various Laws for the Prevention of Bribery of Foreign Public Officials in International Business Transactions, active and passive bribery have become predicate offences for money laundering.
Law No 4782 of 2 January 2003 Amending Various Laws for the Prevention of Bribery of Foreign Public Officials in International Business Transactions entered into force via publication in the Official Gazette No. 24990 dated 11 January 2003.
2- Schedule of Necessary Legislative Changes
Table 24.7.1
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
Law on Approval
2004 1- 2004
2- 2004
Amendment to Law No 2803 on the Establishment, Duties and Jurisdiction of the Gendarmerie 2004 1- 2004
2- 2005
2 Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering Law on the Prevention of Money Laundering of Proceeds from Crime, Amending Law No 4208 on the Prevention of Money Laundering Ministry of Finance (MASAK) 2004 1- 2004
2- 2004
Table 24.7.1 (Continued)
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
3 Directive 2001/97/EC of the European Parliament and of the Council of 4 December 2001 amending Council Directive 91/308/EEC on prevention of the use of the financial system for the purpose of money laundering Law on the Prevention of Money Laundering of Proceeds from Crime, Amending Law No 4208 on the Prevention of Money Laundering Ministry of Finance (MASAK)
Ministry of Interior
Ministry of Justice 2004 1- 2004
2- 2004
4 Council Framework Decision of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentals and the proceeds of crime (2001/500/JHA) Law on the Prevention of Money Laundering of Proceeds of Crime Amending Law No. 4208 on the Prevention of Money Laundering Ministry of Finance (MASAK)
Ministry of Interior 2004 1- 2004
2- 2004
3- Schedule for Necessary Institutional Changes
Table 24.7.2
No Necessary Institutional Changes – (Ministry of Interior, Ministry of Finance) Period of Implementation
1 Efforts aimed at enhancing the capacity for the confiscation and seizure of proceeds of crime 2005
2 Preparation of the booklet for the training of all responsible central and local units on the fight against money laundering 2005
3 Identification of the basic aspects for common investigative applications for money laundering and other financial crimes 2005
4 Drafting and signing of bilateral and multilateral protocols in order to harmonise the measures on proceeds of crime and increase the exchange of information 2005
5 Establishment of a database within the Financial Crimes Investigation Board 2005
Table 24.7.2 (Continued)
No Necessary Institutional Changes – (Ministry of Interior, Ministry of Finance) Period of Implementation
6 Training of personnel 2005
7 Completion of necessary work for represantation of the Gendarmerie General Command in the Coordination Board for the Fight against Financial Crimes 2004
4- Financing Requirements and Source of Financing
Table 24.7.3 (Euro)
Requirements (Ministry of Interior Directorate General for Public Security) Year National Budget EU Resources Other Resources Total
I- Investment
Investment a) (Directorate General for Public Security) 2005 305,000 920,000 1,225,000
II- Harmonisation with the EU Legislation and Implementation
Personnel 2005 400,000 400,000
Training a) 2005 300,000 300,000
Consultancy a) 2005 475,000 475,000
Translation 2005 50,000 50,000
Other 2005 50,000 50,000
Total 305,000 2,195,000 2,500,000
a) The project on the strengthening of the fight against money laundering, financial resources of crime and financing of terrorism is within the scope of the 2003 Financial Cooperation Programme.
Table 24.7.4 (Euro)
Requirements (Ministry of Finance MASAK) Year National Budget EU Resources Other Resources Total
I- Investment
Investment a) 2003-2004 1,500,000 4,500,000 6,000,000
II- Harmonisation with the EU Legislation and Implementation
Personnel 2005
Training a) 2005 1,000,000 1,000,000
Consultancy a) 2003-2004 2,250,000 2,250,000
Translation
Other
Total 1,500,000 7,750,000 9,250,000
a) Will be financed through project no TR 204.04 and Twinning project no TR02-JH-05 strengthening the fight against organised crime.
PRIORITY 24.8 Police Co-operation and Participation in the Schengen Information System and Europol
1- Priority Description
Adoption of the EU acquis in the field of data protection and exchange of personal data for law enforcement purposes and to build the institutional capacity for its implementation including the formation of an independent supervisory authority so as to be able to fully participate in the Schengen Information System and Europol have been regarded as medium term priorities in the 2003 Accession Partnership. Also, improved administrative capacity, enhanced co-operation between different law-enforcement bodies and intensified international co-operation in these fields are among the short and medium term priorities, as well as the development of sustainable training programmes on the EU acquis and its implementation in the field of Justice and Home Affairs.
To continue improving criminal investigation techniques, especially in the area of forensic research is a main subject of collaboration between Turkey and the EU under the priority heading of Police Co-operation.
Participation in Europol and Schengen Information System within the Framework of Police Co-operation
Following the entry into force of the Law on Personal Data Protection, necessary administrative measures relevant to the Schengen Information System will start to be implemented along with continuing efforts to align with the EU acquis in this field. Work can be launched on the communication infrastructure of the Schengen Information System Network (SISNET) within the Ministry of Interior, Directorate General for Public Security, after Turkey’s adoption of the Schengen Acquis. The administrative capacity will be increased by establishing a unitary centre within a single structure comprising the Europol and Schengen Contact Points (Centres) and the Interpol Centre enabling a more effective and productive work environment for co-operation and coordination between all law-enforcement units which will take part in this centre. In addition, by establishing Europol and Schengen Contact Points (Centres), public awareness raising on this issue will be ensured, and effective co-operation in the fight against international crime and criminals will be instituted by preparing guidelines and training programs.
Improvement of Criminal Investigations within the Framework of Police Co-operation
In this field, the priority areas are development and completion of the necessary implementation capacity on the topics of exchange of DNA analysis results, voice-image data analysis and interrogation techniques.
2-Schedule of Necessary Legislative Changes
Table 24.8.1
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
Law on Personal Data Protection Ministry of Justice
Ministry of Interior 2004 1- 2004
2- 2004
Amendment to the Law No. 2803 on the Establishment, Duties and Jurisdiction of the Gendarmerie Ministry of Interior 2004 1- 2004
2- 2005
2 Council act of 3 November 1998 adopting rules on the confidentiality of Europol information (1999/C 26/02) Law on Personal Data Protection Ministry of Justice
Ministry of Interior 2004 1- 2004
2- 2004
3 Council act of 3 November 1998 adopting rules applicable to Europol analysis files (1999/C 26/01) (Doc EUROPOL 87) Law on Personal Data Protection Ministry of Justice
Ministry of Interior 2004 1- 2004
2- 2004
4 Council Act of 12 March 1999 adopting the rules governing the transmission of personal data by Europol to third States and third bodies (1999/C 88/01) Law on Personal Data Protection Ministry of Justice
Ministry of Interior 2004 1- 2004
2- 2004
5 Council Decision of 13 June 2002 amending the Council Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU related bodies (2002/C 150/01) Proposal for Cooperation Agreement Ministry of Interior 2003 1- 2004
Table 24.8.1 (Continued)
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
6 Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Strasbourg, 28 January 1981) ETS No. 108 (91999 JHA 10184) Law on Personal Data Protection Ministry of Foreign Affairs
Ministry of Justice
Ministry of Interior 2004 1- 2004
2- 2004
7 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data Law on Personal Data Protection Ministry of Justice
Ministry of Interior 2004 1- 2004
2- 2004
8 Commission Decision of 15 June 2001 on standard contractual clauses for the transfer of personal data to third countries, under Directive 95/46/EC (notified under document number C (2001) 1539) Law on Personal Data Protection Ministry of Justice
Ministry of Interior 2004 1- 2004
2- 2004
9 Council Decision 2000/641/JHA establishing a secretariat for the joint supervisory data-protection bodies set up by the convention on the establishment of a European police office (Europol Convention), the convention on the use of information technology for customs purposes and the convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention). Law on Personal Data Protection Ministry of Justice
Ministry of Interior 2004 1- 2004
2- 2004
10 Council Decision of 6 December 2001 on the development of the second generation Schengen Information System (SIS II) (2001/886/JHA) Law on Personal Data Protection Ministry of Justice
Ministry of Interior 2004 1- 2004
2- 2004
11 Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II) Law on Personal Data Protection Ministry of Justice
Ministry of Interior 2004 1- 2004
2- 2004
Table 24.8.1 (Continued)
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
12 The Schengen acquis - Decision of the Executive Committee of 14 December 1993 concerning the confidential nature of certain documents ( SCH/Com-ex (93) 22) Law on Personal Data Protection Ministry of Justice
Ministry of Interior 2004 1- 2004
2- 2004
13 The Schengen acquis - Decision of the Executive Committee of 22 December 1994 on bringing into force the Convention implementing the Schengen Agreement of 19 June 1990 (SCH/Com-ex (94) Law on Personal Data Protection Ministry of Justice
Ministry of Interior 2004 1- 2004
2- 2004
14 The Schengen acquis - Decision of the Executive Committee of 16*September*1998 setting up a Standing Committee on the evaluation and implementation of Schengen*(SCH/Com-ex (98) 26) Law on Personal Data Protection Ministry of Justice
Ministry of Interior 2004 1- 2004
2- 2004
15 The Schengen acquis - Decision of the Executive Committee of 16*December*1998 on the Handbook on cross-border police-cooperation (SCH/Com-ex (98) 52) Handbook for Schengen Applications Ministry of Interior 2005 2- 2005
16 The Schengen acquis - Decision of the Executive Committee of 28 April 1999 on updating the Sirene manual (SCH/Com-ex (99) 5) Sirene Guideline Ministry of Interior 2005 2- 2005
17 The Schengen acquis - Declaration of the Executive Committee of 26 June 1996 on extradition (SCH/Com-ex (96) decl. 6) New Legislation Ministry of Justice
Ministry of Interior 2005 2- 2005
18 The Schengen acquis - Declaration of the Executive Committee of 28 April 1999 on the structure of SIS (SCH/Com-ex (99) decl. 2 rev.) Law on Personal Data Protection Ministry of Justice
Ministry of Interior 2004 1- 2004
2- 2004
Table 24.8.1 (Continued)
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
Law on Personal Data Protection Ministry of Justice
Ministry of Interior 2004 1- 2004
2- 2004
Proposal for Cooperation Agreement Ministry of Interior 2005 2- 2005
Decree regarding the Appointment of Liaison Officer Ministry of Interior 2004 2- 2004
Amendment to the Law No 2803 on the Establishment, Duties and Jurisdiction of the Gendarmerie Ministry of Interior 2004 1- 2004
2- 2005
21 Council Decision of 3 December 1998 instructing Europol to deal with crimes committed or likely to be committed in the course of terrorist activities against life, limb, personal freedom or property (1999/C 26/06) Amendment to the Law No 2803 on the Establishment, Duties and Jurisdiction of the Gendarmerie Ministry of Interior 2004 1- 2004
2- 2005
22 Council Resolution of 27 May 1999 on combating international crime with fuller cover of the routes used (1999/C 162/01) Amendment to the Law No 2803 on the Establishment, Duties and Jurisdiction of the Gendarmerie Ministry of Interior 2004 1- 2004
2- 2005
23 Council Resolution of 9 June 1997 on the exchange of DNA analysis results (97/C 193/02) New Legislation Ministry of Interior 2004 2- 2004
24 Council Resolution of 25 June 2001 on the exchange of DNA analysis results (2001/C 187/01) New Legislation Ministry of Interior 2004 2- 2004
3- Schedule for Necessary Institutional Changes
Table 24.8.2
No Necessary Institutional Changes (Ministry of Interior) Period of Implementation
1 Training of personnel of all law-enforcement units on the structure of international police cooperation 2004-2005
2 Structuring of Europol, Schengen and Interpol communications and other infrastructure within the International Communication Centre 2004
3 Establishment of a DNA data base within the Biological Examinations Section of the Criminal Police Laboratories of the Directorate General for Public Security 2003-2004
4 Establishment of a national unit (National Office) in line with practices in the EU and with the contribution of all law enforcement units, to ensure communication, exchange of information and cooperation between Europol, Schengen, Interpol, OLAF and law enforcement units which will be established within the EU. 2004-2005
5 Institutional building of the Department of International Relations and Coordination for EU Affairs within the Ministry of Interior with a view to organizing it as the Directorate General of International Relations and Coordination for EU Affairs in accordance with the amendment envisaged in the Law on the Establishment of the Ministry of Interior. 2003
6 Provision of training in the field of criminal expertise. 2003-2005
7 Training for specialisation of law enforcement officers on police cooperation with a view to ensuring public security. 2003 –2005
8 Study on best practices of law enforcement units of the EU Member States, in particular FIEP, and training of personnel in this area in line with Turkey’s EU perspective. 2003-2005
9 Expansion of Centres for Combating Juvenile Crime throughout the country. 2005
10 Reorganisation of the Department of Anti-Smuggling and Organized Crime within the Gendarmerie General Command. 2003
11 Training on EU Law in the field of Justice and Home Affairs for relevant staff by drawing upon opportunities provided by EU Programmes and bilateral cooperation with EU countries. 2003-2005
12 Preparation and distribution of training CDs for the fight against organized crime and smuggling within the scope of Computer Based Training 2004
13 Purchasing and wide usage of the package programmes for crime analysis in order to strengthen cooperation with EU member states 2004
Table 24.8.2 (Continued)
No Necessary Institutional Changes (Ministry of Interior) Period of Implementation
14 Establishing two criminal laboratories for the Gendarmerie Regional Command 2004-2006
15 Establishment of a Face Regeneration Laboratory 2006
16 Dissemination of Crime Scene Investigation Units 2003
17 Establishment of Explosive Detonation Units 2006
18 Establishment of work stations within the Heads of Division of the Criminal Laboratories of the Gendarmerie Regional Command and launching fingerprint taking stations in Provincial Gendarmerie Commands 2005-2006
4- Financing Requirements and Source of Financing
Table 24.8.3 (Euro)
Requirements - (Ministry of Interior, Directorate General for Public Security) Year National Budget EU Resources Other Resources Total
I- Investment
Participation in the Europol and Schengen Information System and establishment of National Contact Points (establishment of SISNET communication infrastructure) 2005 250,000 750,000 1,000,000
Investment in the field of Police Cooperation 2005 350,000 1,150,000 1,500,000
II- Harmonisation with the EU Legislation and Implementation
Personnel
- Recruitment of personnel in line with the establishment of SISNET communication infrastructure in the Ministry of Interior 2005 250,000 250,000
Training
- Training in line with the establishment of SISNET communication infrastructure
- Training in the field of Police Cooperation
2004-2005
2005
250,000
1,300,000
250,000
1,300,000
Table 24.8.3 (Continued) (Euro)
Requirements - (Ministry of Interior, Directorate General for Public Security) Year National Budget EU Resources Other Resources Total
Consultancy
- Consultancy in line with the establishment of SISNET communication infrastructure
- Consultancy in the field of Police Cooperation
2004
2005
350,000
100,000
350,000
100,000
- Need for translation in line with the establishment of SISNET communication infrastructure in the Ministry of Interior 2004 50,000 50,000
Other 2004 150,000 150,000
Total 600,000 4,350,000 4,950,000
Table 24.8.4 (Euro)
Requirements - (Ministry of Interior Directorate General for Public Security) Year National Budget EU Resources Other Resources Total
I- Investment
Investment within the framework of the Project for Improvement of the Crime Evidence Analysis Capacity of the Police by Scientific Methods a) 2005 1,200,500 3,601,500 4,802,000
Investment within the framework of the Project Strengthening the Openness to Auditing, Efficiency and Effectiveness of the Turkish Police Forces b) 2004-2005 59,125 177,375 236,500
II- Harmonisation with the EU Legislation and Implementation
Other a) 2004 1,634,000 1,634,000
Administrative capacity needs within the framework of the Project Strengthening the Openness to Auditing, Efficiency and Effectiveness of the Turkish Police Forces b) 2004-2005 2,344,000 2,344,000
Total 1,259,625 5,646,875 6,907,500
a) The Project for Improvement of the Crime Evidence Analysis Capacity of the Police by Scientific Methods is within the scope of the Year 2003 Financial Cooperation Programme
b) The Project Strengthening the Openness to Auditing, Efficiency and Effectiveness of the Turkish Police Forces is within the scope of the Year 2003 Financial Cooperation Programme
Table 24.8.5 (Euro)
Requirements- (Ministry of Interior Directorate General for Public Security) Year National Budget EU Resources Other Resources Total
I- Investment a) 2004-2005 232,500 697,500 930,000
II- Harmonisation with the EU Legislation and Implementation
Personnel
Training a) 115,000 115,000
Consultancy a) 774,000 774,000
Translation
Other a) 457,500 457,500
Total 232,500 2,044,000 2,276,500
a) Will be financed from the budget of the Twinning Project no TR02-JH-01 providing support for development of the Turkish interrogation rooms and techniques within the scope of the project No TR 201.01.
Table 24.8.6 (Euro)
Requirements - (Ministry of Interior Gendarmerie General Command) Year National Budget EU Resources Other Resources Total
I- Investment
Investment 1,687,500 6,750,000 8,437,500
II- Harmonisation with the EU Legislation and Implementation
Personnel 100,000 100,000
Training 2,300,000 5,300,000 7,600,000
Table 24.8.6 (Continued) (Euro)
Requirements - (Ministry of Interior Gendarmerie General Command) Year National Budget EU Resources Other Resources Total
Consultancy 1,000,000 1,000,000
Translation 100,000 100,000 200,000
Other
Total 4,187,500 13,150,000 17,337,500
PRIORITY 24. 9 Alignment with the EU Acquis on Personal Data Protection
1- Priority Description
Adoption and implementation of the EU Acquis on protection and exchange of personal data is regarded as a priority area in the 2003 Accession Partnership along with the creation of the necessary institutional capacity, including the founding of an independent supervisory authority.
Alignment with the personal data protection EU acquis is one of the short term priorities in the Ability to Assume the Obligations of Membership chapter of the 2003 Accession Partnership published by the European Commission, especially under the titles of “Justice and Home Affairs” and “Freedom to Provide Services”. The effective implementation of legislation on personal data protection is also a medium term priority.
Preparations for the draft law for harmonisation are at the final stage. The preparations are supported by European Union and Council of Europe experts on this draft law in the context of the Sub-Committee for Support to the Legal Reforms within the framework of the ongoing Council of Europe - European Union - Turkey Joint Projects.
With the draft law, where all personal data on an identified or identifiable individual is undergoing automatic processing, the following issues will be regulated; respect for and protection of rights and fundamental freedoms, in particular the right to privacy; ensuring that the data stored is obtained and processed fairly and lawfully, for specified and legitimate purposes and not used in a way incompatible with those purposes, is adequate, relevant and not excessive in relation to the purposes for which it is stored, is accurate and up-to-date, and where necessary corrected or erased; safeguarding personal data revealing racial origin, political opinions or religious or other beliefs, as well as personal data concerning health or sexual life; recognition of the right to be informed on and access to one’s own personal data.
2-Schedule of Necessary Legislative Changes
Table 24.9.1
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
1 Convention for the Protection of Individuals with regard to
Automatic Processing of Personal Data (Strasbourg, 28 January 1981) - ETS No. 108 (91999JHA10184) Law on Approval Ministry of Foreign Affairs
Ministry of Justice 2004 1- 2004
2- 2004
Law on Personal Data Protection Ministry of Justice
Ministry of Interior 2004 1- 2004
2- 2004
To issue secondary legislation Ministry of Justice
Ministry of Interior 2005 2- 2005
Law on Personal Data Protection Ministry of Justice
Ministry of Interior 2004 1- 2004
2- 2004
To issue secondary legislation Ministry of Justice
Ministry of Interior 2005 2- 2005
3- Schedule for Necessary Institutional Changes
Table 24.9.2
No Necessary Institutional Changes Period of Implementation
1 Establishment of the Personal Data Protection Institution (Supervisory Authority) 2005
2 Creation of Higher Board on Personal Data Protection and its administrative units 2005
3 Employment of the required number of personnel (248 persons) 2005
4- Financing Requirements and Source of Financing
Please see Freedom to Provide Services Table 3.4.1 for the financing requirements and the source financing.
PRIORITY 24. 10 Adoption and Implementation of the EU Acquis in the Fields of the Criminal Law Protection of the Euro and of the Community's Financial Interests
1- Priority Description
This area was regarded as a priority in the 2003 Accession Partnership and 2002 Regular Report on Turkey. There are no discrepancies between the relevant EU acquis and Turkish legislation when analysed comparatively, except the one legislation cited in the table below.
All acts to be considered as crimes within the May 29th 2000 Council Framework Decision on increasing protection against counterfeiting by penal sanctions in connection with the introduction of the Euro are regulated in articles No. 316-324 and penalties prescribed for these crimes are within the limits foreseen by the relevant EU legislation.
Since January 1937, Turkey has been a party to the International Convention for the Suppression of Counterfeiting Currency, dated 20th April 1929, which has been taken as the basis for the EU acquis in this field.
In addition, all acts that are foreseen to be punished by the Convention on the protection of the European Communities' financial interests dated 27th November, 1995 and its 2 protocols are regulated under Articles No. 202, 211-219, 504, 510 of the Turkish Civil Code and the legal values to be protected by these crime types are safeguarded by the implementation of the Turkish Civil Code.
The above-mentioned EU acquis envisages that fraud, bribery1) and forgery in documentation should be predicate offences within the money laundering legislation. These offences are already considered as predicate offences within the scope of Law No. 4208.
As explained above, to implement Turkish Legislation which is almost compatible with relevant EU Legislation in a more efficient way, the possibility of increasing the relative importance of the above mentioned subject in the training programme for judiciary personnel will be evaluated.
Within the context of this priority, Law No. 4782 of 2 January 2003 Amending Various Laws for the Prevention of Bribery of Foreign Public Officials in International Business Transactions entered into force after being published in the Official Journal No. 24990 dated 11 January 2003.
2-Schedule of Necessary Legislative Changes
Table 24.10.1
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
1 Council Act of 19 June 1997 drawing up the Second Protocol of the Convention on the protection of the European Communities' financial interests (41997Y0719(02)) Turkish Penal Code Ministry of Justice 2003 1- 2003/2004
2- 2004
3- Schedule for Necessary Institutional Changes
Institutional changes are not foreseen at this stage for this priority.
4- Financing Requirements and Source of Financing
Financing requirements are not foreseen at this stage for this priority.
PRIORITY 24.11 Adoption and Implementation of the EU Acquis on Judicial Cooperation in the Field of Criminal Law
1- Priority Description
Trafficking in human beings and the sexual exploitation of children are recognised as serious violations of fundamental human rights. The sexual exploitation of children and production and marketing of materials having child pornography content constitute one aspect of organised crime. In particular, widespread use of the Internet has given rise to the commercial transmission of materials based on the sexual exploitation of children. In addition, trafficking in human beings, exploitation of children for forced prostitution are among important sources of income for international criminal organisations.
Combating the sexual abuse and exploitation of children by criminal organisations is one of the constitutional duties of the State. In particular, effective measures should be taken against criminal organizations who abuse and exploit minors who have not reached sexual maturity and are unable to afford self protection.
Combating transnational organised crime in line with the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms requires the effective protection of people (witnesses) endangering themselves, or people in close relation with them, when supplying information about organized crime to the competent authorities.
In this context, Article 7 of Law No. 4422 on Combating Organizations Pursuing Illicit Gain and Article 20 of the Law on Combating Terrorism are required to be reviewed according to the Council Resolution of 1995, and witness protection measures should also include witnesses’ close relatives (parents and the children).
In addition, the relevant legislation of the European Union which has been in the process of continuous development will be pursued closely, cooperation possibilities with the European Union will be explored, and preparatory work will be realised with regard to following subjects: Mutual legal assistance in criminal matters, simplified and facilitated extradition, combating cyber crime and high-tech crime, protection of the victims in criminal proceedings and the rights of the victims of crime, determination of the minimum common elements of crimes of terrorism, criminal organisations and drug trafficking and their punishment, mutual recognition and enforcement of decisions on search, seizure and confiscation, disqualification of driving licences, taking extra judicial evidence, mutual recognition and enforcement of fines given by judicial authorities, combating racism and xenophobia, the European Judicial Network, the European Judicial Training Network, and serious environmental crimes.
Under this priority heading, Article 201 of the Turkish Penal Code has been amended by Law No. 4771 of 3 August 2002 Amending Various Laws (Official Gazette 9 August 2002 No. 24841) In addition, Law No. 4804 of 30 January 2003 Approving Ratification of Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organised Crime was published in the Official Gazette No. 25014 dated 4 February 2003.
2- Schedule of Necessary Legislative Changes
Table 24.11.1
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
Council of Europe Convention on Cyber Crime, opened to signature on 23 November 2001ETS No.185
Common Position of 27 May 1999 adopted by the Council on the basis of Article 34 of the Treaty on European Union, on negotiations relating to the Draft Convention on Cyber Crime held in the Council of Europe (1999/364/JHA)
2 Council Decision of 29 May 2000 to combat child pornography on the Internet (2000/375/JHA) Turkish Penal Code Ministry of Justice 2003 1- 2003/2004
2- 2004
3 Resolution of the Council of 23 November 1995 on the protection of witnesses in the fight against international organized crime (95/C 327/04) Amendment to the Law No 4422 on Combating Organisations Pursuing Illicit Gain (Article 7) and Law No 3713 on Anti Terrorism (Article 20) Ministry of Justice
Ministry of Interior 2005 1- 2005
2- 2005
Turkish Penal Code 2003 1- 2003/2004
2- 2004
Code of Penal Procedure 2003 1- 2003/2004
2- 2004
3- Schedule for Necessary Institutional Changes
Institutional changes are not foreseen at this stage for this priority.
4- Financing Requirements and Source of Financing
Financing requirements are not foreseen at this stage for this priority.
PRIORITY 24. 12 Adoption and Implementation of the EU Acquis on Judicial Cooperation in the Field of Civil Law
1- Priority Description
To be party to the Conventions on taking evidence in the fields of civil and commercial law, legal assistance and judicial jurisdiction, and mutual recognition and enforcement of court decisions is deemed important.
It is aimed to facilitate the rogatory commission demands for the collection of evidence on legal and commercial issues. Granting of rights for jurisdiction, acceptance of judicial verdicts, legal and executor aid, and the right to obtain copies from official records and court verdicts are envisaged to be completed. It is foreseen to strengthen and facilitate the cooperation on the prevention of detention of persons as a result of their legal and commercial transactions.
In addition, the relevant legislation of the European Union which has been in continuous development will be pursued closely, cooperation possibilities with the European Union will be explored, and preparatory works will be realised with regard to following subjects: Mutual recognition and enforcement of decisions given by civil courts, harmonisation of laws and rules on judicial jurisdiction and conflict of laws, harmonisation of rules pertaining to civil procedure with those of the member states, facilitation and simplification of service procedure of judicial and extra-judicial documents in civil and commercial law, the European Enforcement Order for Uncontested Claims, jurisdiction on matrimonial and parental responsibilities and the mutual recognition and enforcement of court decisions, bankruptcy and insolvency proceedings, alternative dispute resolutions, awarding compensation to the victims of crime, taking evidence in civil and commercial matters, and the law to be applied to contractual obligations.
2- Schedule of Necessary Legislative Changes
Table 24.12.1
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
1 Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (The Hague, 18 March 1970)
Convention on the International Private Law Conference No. 20 (91999JHA10148) Law on Approval Ministry of Foreign Affairs
Ministry of Justice 2005 1- 2005
2- 2005
2 Convention 88/592/EEC on jurisdiction and the enforcement of judgments in civil and commercial matters - Lugano, 16 September 1988 Law on Approval Ministry of Foreign Affairs
Ministry of Justice 2005 1- 2005
2- 2005
3 Convention on International Access to Justice (The Hague, 25 October 1980) Convention on the International Private Law Conference No. 29 (91999JHA10150) Law on Approval Ministry of Foreign Affairs
Ministry of Justice 2005 1- 2005
2- 2005
4 Council Regulation (EC) No 743/2002 of 25 April 2002 establishing a general Community framework of activities to facilitate the implementation of judicial cooperation in civil matters Conclusion of a bilateral agreement between USA in accordance with the sub paragraph 2 of the Article 4 of the Regulation Ministry of Foreign Affairs
Ministry of Justice 2005 1- 2005
2- 2005
3- Schedule for Necessary Institutional Changes
Institutional changes are not foreseen at this stage for this priority.
4- Financing Requirements and Source of Financing
Financing requirements are not foreseen at this stage for this priority.
PRIORITY 24. 13 Continuation of Improvement of the Legal Assistance System in order to Ensure Access to Justice for All Citizens
1- Priority Description
In the 2003 Accession Partnership under the requirement of the ability to take on the obligations of membership in the area of Justice and Home Affairs, the priority of further developing the legal aid system to ensure that all citizens enjoy access to justice was listed under the medium term priorities.
In particular, the heading of access to justice and legal aid emphasises preparing regulations on awareness campaigns, publication of guidebooks, establishing an information system and a justice network on legal issues, a study on the minimum standards of legal aid, determining common procedural norms for certain cases such as alimony cases and expertly judicial proceedings, promoting alternative disagreement solutions, preparing multilingual standard court petitions and setting minimum standards for protecting unjustly treated/victims. In this regard, certain precautions will be taken with the 58th Government’s Emergency Action Programme within the “Democratisation and Legal Reform” section under heading number 7, and in several other draft laws.
2- Schedule of Necessary Legislative Changes
Table 24.13.1
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
1 Action Plan of the Council and the Commission on how best to implement the provisions of the Treaty of Amsterdam on an area of freedom, security and justice (Vienna Action Plan) (31999Y0123(01)) Abolition of Article 31 of Law No 3842 Amending Code No 1412 on Penal Procedure Ministry of Justice 2003 1- 2003
2- 2003
2 Convention on International Access to Justice (The Hague, 25 October 1980) Convention on the International Private Law Conference No. 29 (91999JHA10150) Law on Approval Ministry of Foreign Affairs
Ministry of Justice 2005 1- 2005
2- 2005
3 Additional Protocol to the European Agreement on the Transmission of Applications for Legal Aid, opened to signature on 04.10.2001. (Moscow) ETS No. 179 Law on Approval Ministry of Foreign Affairs
Ministry of Justice 2004 1- 2004
2- 2004
Table 24.13.1 (Continued)
No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
4 Law on the Establishment, Duties and Jurisdiction of the Arbitration Boards Ministry of Justice 2005 1- 2005
2- 2005
5 Law on Istanbul International Arbitration Centre and Law on Association of Chambers of Arbiters and Experts Ministry of Justice 2004 1- 2005
2- 2005
3- Schedule for Necessary Institutional Changes
Table 24.13.2
No Necessary Institutional Changes - (Ministry of Justice) Period of Implementation
1 Completion of the National Judicial Network Project strengthens the effectiveness and the capacity of the judiciary, and guarantees individuals the easy and rapid access to justice via technological opportunities. 2005
2 Establishing Legal Advice Offices that will be in charge of raising awareness nationwide and providing a basic legal information service for dispute settlement. Publishing informative booklets, brochures, leaflets and guidebooks on mandates of public institutions and organizations. 2003-2005
3 Publishing and distributing multilingual guidebooks in prisons by the Ministry of Justice in order to ensure that the prisoners are able to seek their rights in practice 2003-2005
4- Financing Requirements and Source of Financing
Financing requirements are not foreseen at this stage for this priority.
PRIORITY 24. 14 Functioning of the Judiciary and Capacity Building for the Establishment of an Effective Judicial System
Task 24.14.1 Strengthening the functioning of the judiciary and capacity building for judicial and administrative services
1- Priority Description
2003 Accession Partnership paragraph No. 12 foresees strengthening judicial independence and effectiveness, assuring coherent interpretation of decisions in line with the ECHR on human rights and fundamental freedoms, ensuring precautions for making all judicial authorities take into consideration the judgements of ECtHR, bringing the functioning of the State Security Courts in line with European standards and making necessary preparations to establish courts of appeal.
Legislative activities undertaken by Turkey taking into account of the Madrid Criteria declared in 1995 for strengthening administrative and legal capacity is listed below:
Table 24.14.1.1
Title of the Proposal of Law Expected Date of Entry into Force
1 Law Amending Law Amending Law on the Establishment and Proceeding Methods of the State Security Courts, Law No. 3842 of 18 November 1992 and Various Laws 2003
2 Establishment of Courts of Appeal via Law on the Establishment, Duties and Jurisdictions of Judicial Courts of First Instance and Regional General Courts 2004
3 Law Amending Code of Civil Procedure 2004
4 Law Amending Law on Labour Courts 2004
5 Code of Penal Procedure 2004
6 Law on Entry into Force and Application of Law on Criminal Procedure 2004
7 Law on the Right to be Informed 2004
8 Law Amending Law for Judges and Prosecutors 2004
9 Law Amending Law No. 2802 for Judges and Prosecutors and Law No. 2992 Amending Decree Law on the Establishment and Duties of Ministry of Justice 2004
10 Law on Ombudsman 2004
Table 24.14.1.1 (Continued)
Title of the Proposal of Law Expected Date of Entry into Force
11 Law Amending Law on Bankruptcy 2004
12 Turkish Penal Code 2004
13 Law on Entry into Force and Application of Turkish Criminal Code 2004
14 Law on Electronic Signature 2004
15 Law Amending Law on the Establishment and Proceeding Methods of the State Security Courts; Banking Law; Law on the Prevention of Money Laundering and Amending Decree Law No. 178 on the Establishment and Duties of Ministry of Finance, Law No. 657 on Civil Servants and Law No. 2313 on the Control of Narcotic Drugs 2004
16 Law on Association of Chambers of Arbiters and Experts 2004
17 Law on Istanbul International Arbitration Centre 2004
18 Law on Indemnification of Victims of Terrorism and Fight Against Terrorism 2004
19 Law on Execution of Punishments and Measures 2004
20 Law on the Establishment and Duties of General Directorate of Prisons and Detention Houses 2004
21 Law on Judicial Academy of Turkey 2004
22 Law on Personal Data Protection 2004
23 Law Amending Law No. 2803 on the Establishment, Duties and Jurisdiction of the Gendarmerie 2004
24 Law Amending Law No. 1512 on Notaries and Related Laws 2004
25 Law on the Association of Judges and Prosecutors of Turkey 2004
26 Studies on the redefinition of concept of confidentiality 2004
Table 24.14.1.1 (Continued)
Title of the Proposal of Law Expected Date of Entry into Force
27 Studies for the fight against fraud and corruption 2004
28 Law on the Establishment, Duties and Proceeding Methods of Juvenile Courts, Law on Anti Terrorism, Law on the Protection of Children from Harmful Publications and Broadcasts, and Law Amending Certain Articles of the Law on Bankruptcy 2004
29 Law on the Establishment, Duties and Jurisdiction of the Arbitration Boards 2005
30 Law of Obligations 2005
31 Commercial Code 2005
32 Studies on Law on International Insolvency 2005
33 Law on Administrative Procedure 2005
34 To increase the number and diversity of the specialised courts 2005
35 To issue Implementing Regulation of Law on Institution of Forensic Medicine 2003
Training activities concerning strengthening of judicial efficiency and capacity, and other related activities
Table 24.14.1.2
No Training Activities and Administrative Capacity (Ministry of Justice) Period of Implementation Financing
1 Training of Judges and Prosecutors on human rights issues a) 2003-2004 1.465.000 Euro
2 Training of Judges and Prosecutors on European Communities Law b) 2003-2004 PHARE
3 Training of Judges and Prosecutors on issues with regard to strengthening criminal cooperation c) 2003-2004 181.784 Euro
4 Training of Judges and Prosecutors on issues with regard to the fight against corruption d) 2005 538.200 Euro
Table 24.14.1.2 (Continued)
No Training Activities and Administrative Capacity (Ministry of Justice) Period of Implementation Financing
5 Training of Judges and Prosecutors on issues with regard to the fight against human trafficking e) 2003-2004 Council of Europe
6 Training of Judges and Prosecutors on issues with regard to drugs and illegal human smuggling f) 2004 500.000 Euro
7 Project on effective enforcement of the Intellectual Property Rights g) 2003-2004 2.289.450 Euro
8 Project on Modernization of Justice and Reform of Prisons h) 2005 10.000.000 Euro
a) Council of Europe contribution is 285.000 Euro and the EU contribution is 1.180.000 Euro to this Project
b) Activities related to this project continue within the framework of PHARE Programme
c) This project is financed by the MEDA Programme
d) This is the financial amount planned to be provided to Ministry of Justice within the framework of the project on the fight against corruption
e) Exchange of views with the Council of Europe still continues on this topic
f) Planned to be financed by the National Budget and EU resources
g) In the Financial Protocol of the Project it is foreseen that the amount of 1.700.000 Euros will be covered by the EU resources and the amount of 589.450 Euros will be covered by Ministry of Justice
h) This project is financed by the MEDA Programme
Task 24.14.2 Achievement of International Standards for Prisons and Detention Houses
It is the duty of the State to protect the physical and financial integrity of the convicted and sentenced during their stay in prisons and detention houses. It is one of the primary objectives our penal system to reform and to reintegrate these people into society during their stay in prisons and detention houses. As a result, the Ministry of Justice follows and aims to put into practice modern developments in the penal system. In this respect, the Bylaw on the Management of Prisons and Detention Houses and the Execution of Sentences was amended on 27 April 2001.
Within this priority legislative changes carried out since the publication of the first National programme are listed below as follows:
- Law Amending One Article of the Anti-Terrorism Act No. 4666 dated 1 May 2001 (Official Gazette No. 24393, dated 5.5.2001 )
- Law on Monitoring Boards for Prisons and Detention Houses No. 4681 dated 14 June 2001 (Official Gazette No. 24439, dated 21.6.2001 )
- Law No. 4671 of 9 May 2001 Amending the Law on the Establishment and Administration of the Prisons and of the Institution for Workshops at Detention Houses, and the Act on Duties to be Charged for the Construction of Prison and Court Buildings and Meal Expenses to be Charged from Prisoners (Official Gazette No. 24410, dated 16 May 2001)
- Law No. 4675 of 16 May 2001 Amending the Law on the Institution of the Judge of Enforcement (Official Gazette No. 24410 , dated 23.5.2001)
- Law No. 4769 of 29 July 2002 on Training Centres for Personnel of Prisons and Detention Houses (Official Gazette No. 24834, dated 2.8.2002)
- Law No. 4806 of 5 February 2003 Amending Certain Articles of the Turkish Penal Code and the Law on Administration of Prisons and Detention Houses (Official Gazette No. 25020, dated 10.2.2003)
The legal changes and the amendments envisaged in the near future within the scope of the improvement of prisons and detention houses in the context of achieving international standards are listed in the table below.
Table 24.14.2.1
No Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Minister / Council of Ministers Proposed Date of
1- Adoption by the Parliament
2- Entry into Force
1 Law on Execution of Punishments and Measures Ministry of Justice 2003 1-2004
2-2004
2 Law on the Establishment and Duties of General Directorate of Prisons and Detention Houses Ministry of Justice 2003 1-2004
2-2004
The financial requirements for improving prisons and detention houses to international standards is estimated/calculated to be 731 Trillion TL (416.341.310 Euro) between the years 2003-2007. In this framework, construction of 18 prisons with cell systems, 2 juvenile prisons, 2 prisons for women, and 3 open prisons are envisaged. The financial cost of the construction will be meet through the National Budget and the resources of the Work Houses Institution within the Ministry of Justice. The personnel and financing requirements are set out in the table below.
Table 24.14.2.2 (Euro)
Investment Personnel Year National Budget Work Houses Total
Prisons with cell systems (18) 8140 2003-2006 91,128,057 236,932,948 328,061,005
Juvenile Prisons (2 ) 360 2003-2007 * 28,477,517 28,477,517
Prisons for Women (2) 380 2003-2006 * 28,477,517 28,477,517
Open Prisons (3) 360 2004-2007 * 31,325,696 31,325,696
Total 9240 2003-2007 91,128,057 325,213,678 416,341,735
Task 24.14.3 Judicial Automation
The Ministry of Justice has begun the National Justice Network Project (UYAP) to establish the modern technological infrastructure necessary for quick, reliable, efficient and economical judicial services.
The purpose of the project is to raise the quality of the judiciary through the automation of the all judicial units and integration with external units. The total cost of this Project is approximately 170 million Euros and its first stage, consisting of the automation of central units, was completed at the end of 2002. The second stage, consisting of the automation of provincial units, began in August 2001 and is programmed for completion by the end of 2004. The planned financial requirement of this Project is shown by year in the table below.
Table 24.14.3.1
Requirements * Years National Budget Total
2001 7,000,000
2002 15,000,000
2003 47,000,000
2004 4,000,000
Annex 24.1
List of legislation relating to areas of the political criteria and Justice and Home Affairs which have been accepted and entered into force for harmonization with the EU acquis between the dates 24.03.2001 and 11.5.2003
No Title of the Turkish Legislation
1 Law No. 4642 of 12.04.2001 Approving Decree Law Amending Law for Judges and Prosecutors (Official Gazette No. 24380, dated 21.04.2001)
2 Law No. 4666 of 01.05.2001 Amending an Article of Law on Anti-terrorism (Official Gazette No. 24393, dated 05.05.2001)
3 Law No. 4667 of 02.05.2001 Amending Law on Advocacy (Official Gazette No. 24398, dated 10.05.2001)
4 Law No. 4671 of 9 May 2001 Amending the Law on the Establishment and Administration of Prisons and of the Institution for Workshops at Detention Houses, and the Act on Duties to be Charged for the Construction of Prison and Court Buildings and Meal Expenses to be Charged from Prisoners (OG: 16 May 2001/24410)
5 Law approving the Amended Decree Having the Force of Law Concerning the Organization and Duties of the Ministry of Justice and the Law No. 4674 of 15.5.2001 Amending the Lines Annexed to the Decree Having the Force of Law on General Staff and Procedure (Official Gazette No. 24409, dated 22.5.2001)
6 Law No. 4675 of l6.05.2001 on Court of Execution (Official Gazette No. 24410, dated 23.05.2001)
7 Law No. 4681 of 14.06.2001 on Monitoring Boards for Prisons and Detention Houses (Official Gazette No. 24439, dated 21.06.2001)
8 Law No. 4686 of 21.06.2001 on International Arbitration (Official Gazette No. 24453, dated 05.07.2001)
9 Turkish Civil Code No. 4721 of 22.11.2001 (Official Gazette No. 24607, dated 08.12.2001)
10 Law No. 4722 of 03.12.2001 on the Entry into Force and Application of Turkish Civil Code (Official Gazette No. 24607, dated 08.12.2001)
11 Law No. 4723 of 06.12.2001 Amending Law No. 3842 of 18 November 1992 and Law No. 4422 on Combating Organisations Pursuing Illicit Gain and Law on the Establishment and Proceeding Methods of the State Security Courts (Official Gazette No. 24612, dated 13.12.2001)
12 Law No. 4744 of 06.02.2002 Amending Certain Laws (Official Gazette No. 24676, dated 19.02.2002)
13 Law No. 4748 of 26.03.2002 Amending Various Laws (Official Gazette No. 2472, dated 09.04.2002)
No Title of the Turkish Legislation
14 Law No. 4758 of 21.05.2002 Amending Law on the Conditional Release, Suspension of Cases and Punishments Regarding Crimes Committed Until 23 April 1999 (Official Gazette No. 24763, dated 23.05.2002)
15 Law No. 4765 of 25.06.2002 Supplementing an Interim Article to the Law on Advocacy (Official Gazette No. 24799, dated 28.06.2002)
16 Law No. 4769 of 29.07.2002 on the Training Centres for Personnel of the Prisons and Detention Houses (Official Gazette No. 24834, dated 02.08.2002)
17 Law No. 4771 of 03.08.2002 Amending Various Laws (Official Gazette No. 24841, dated 09.08.2002)
18 Law No. 4777 of 27/12/2002 Amending Certain Articles of the Constitution of Republic of Turkey (Official Gazette No. 24980, dated 31.12.2002)
19 Law No. 4778 of 02.01.2003 Amending Various Laws (Official Gazette No. 24990, dated 11.01.2003)
20 Law No. 4780 of 02.01.2003 Amending Law on the Execution of Condemnation of Turkish Citizens by Courts in Foreign Countries and of Foreign Citizens by Turkish Courts (Official Gazette No. 24987, dated 08.01.2003)
21 Law No. 4781 of 02.01.2003 Amending Two articles of the Law on the Establishment and Duties of the Training Centres for Probationary Judges and Prosecutors (Official Gazette No. 24987, dated: 08.01.2003)
22 Law No. 4782 of 02.01.2003 Amending Certain Laws for the Prevention of Bribing Foreign Public Officials in International Commerce (Official Gazette No. 24990, dated: 11.1.2003)
23 Law No. 4785 of 08.01.2003 Amending Turkish Penal Code, Law on Execution of Sentences and the Law on Land Traffic (Official Gazette No. 24994, dated: 15.1.2003 repeat edition)
24 Law No. 4786 of 08.01.2003 Amending the Law on Execution of Sentences and the Law on the Collection of Public Dues (Official Gazette No. 24994, dated: 15.1.2003 repeat edition)
25 Law No. 4787 of 9.1.2003 on Establishment, Duties and Procedures of Family Courts, (Official Gazette No. 24997, dated: 18.1.2003)
26 Law No. 4790 of 15.01.2003 Amending the Law on Judges and Prosecutors (Official Gazette No. 25005, dated: 26.1.2003)
27 Law No. 4793 of 23.01.2003 Amending Some Articles of Certain Laws (Official Gazette No. 25014, dated: 04.02.2003)
No Title of the Turkish Legislation
28 Law No. 4806 of 5 February 2003 Amending Certain Articles of Turkish Penal Code and Law on Administration of Prisons and Detention Houses (Official Gazette No. 25020, dated 10.2.2003)
29 Law No. 4809 of 6.2.2003 Amending the Law on Suspension of Cases and Sentences Related to Offences Committed Through Press and Broadcasting (Official Gazette No. 25020, Dated: 10.2.2003 repeat edition)
30 Law No. 4810 of 19.2.2003 Amending The Law on Forensic Medicine Institution (Official Gazette No. 25031, dated: 24.2.2003)
31 Law No. 4814 of 26.2.2003 Amending Relevant Articles of the Act on the Regulation of Payments by Cheques and the Protection of the Cheque Holders (Official Gazette No. 25042, dated: 8.3.2003)
32 Law No. 4819 of 27.02.2003 Amending Certain Articles of Law on the Control on Narcotic Substances (Official Gazette No. 25040, Dated: 06.03.2003)
33 Law No. 4829 of 19.3.2003 Amending the Code on Penal Procedure and the Law on Notifications (Official Gazette No. 25061, Dated: 27.3.2003)
34 Law No. 4854 Converting Fines in Certain Laws in to Administrative Fines (Official Gazette No. 25100, Dated: 06.05.2003)
LAWS APPROVING INTERNATIONAL CONVENTIONS
No Title of the Turkish Legislation
1 Law No. 4659 of 26.04.2001 Approving the Ratification of 1972 Protocol Amending the Single Convention on Narcotic Drugs. (Official Gazette No. 24397, dated 09.05.2001)
2 Law No. 4738 of 10.01.2002 Approving the Ratification of International Convention for the Suppression of the Financing of Terrorism (Official Gazette No. 24643, dated: 17.01.2002)
3 Law No. 4740 of 11.01.2002 Approving the International Convention on the Prevention of Terrorist Bombings (Official Gazette No. 24645, dated: 19.01.2002)
4 Law No. 4750 of 3.4.2002 Approving the United Nations International Convention on the Elimination of All Forms of Racial Discrimination
No Title of the Turkish Legislation
5 Law No. 4755 of 09.05.2002 Approving the Optional Protocol to the United Nations Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (Official Gazette No. 24755, dated: 14.051.2002)
6 Law No. 4770 of 30.07.2002 Approving the Optional Protocol to the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (Official Gazette No. 24834, dated: 02.08.2002)
7 Law No. 4800 of 30.01.2003 Approving the 2000 UN Convention Against Transnational Organized Crime (Official Gazette No. 25014, dated: 04.02.2003)
8 Law No. 4803 of 30.01.2003 Approving the 2000 Protocol Against the Smuggling of Migrants by Land, Sea and Air, Supplementing the UN Convention Against Transnational Organized Crime (Official Gazette No. 25014, dated: 04.02.2003)
9 Law No. 4803 of 30.01.2003 Approving the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the UN Convention Against Transnational Organized Crime (Official Gazette No. 25014, dated: 04.02.2003)
10 Law No. 4852 of 17.04.2003 Approving the 1997 Council of Europe Civil Law Convention on Corruption (Official Gazette No. 25088, dated: 24.04.2003)
Annex 24.2
List for legislation and practices (Regulations, Bylaws, Protocols, Circulars and Communiqués) relating to areas in the political criteria and Justice and Home Affairs which have been accepted and implemented for harmonization with the EU acquis between the dates 24.03.2001 and 11.5.2003
REGULATIONS
No Title of the Turkish Legislation
1 Regulation Amending the Regulation by the Council of Ministers Decision No. 2001/2199 of 19.3.2001 on the Management of the Penitentiaries and Detention Houses and the Execution of the Criminal Sentences (Official Gazette: 24385, dated: 27.04.2001)
IMPLEMENTING REGULATIONS
No Title of the Turkish Legislation
1 Implementing Regulation on Monitoring Boards for Prisons and Detention Houses (Official Gazette No. 24486, dated: 07.08.2001).
2 Bylaw on Telephone Calls to Relatives for Convicts and Prisoners in Prisons and Detention Houses (Official Gazette No. 24441, dated: 23.06.2001)
3 Bylaw Amending the Bylaw on the Establishment and the Procedures of the Commissions to be Established to Work on Basic Laws (Official Gazette No. 541, dated 2.10. 2001)
4 Bylaw Amending the Bylaw on the Implementation of the Law No. 4422 on Combating Criminal Organisations Pursuing Illicit Gain (Official Gazette: 24565, dated: 26.10.2001)
5 Bylaw on Apprehension, Detention and Taking Statements (Official Gazette No. 24812, dated 11.07. 2002)
6 Bylaw Amending Some Articles of the Bylaw on Apprehension, Detention and Taking Statements (Official Gazette No. 24880, dated 18.10. 2002)
7 Bylaw Amending the Bylaw on the Implementation of the Law on Meetings and Demonstration Marches (Official Gazette No. 24914, dated 22.10. 2002)
PROTOCOLS
No Title of the Turkish Legislation
1 Cooperation Protocol between the Ministry of Justice and the State Ministry responsible from the Youth and Sports on Sports and Other Free Time Activities in Prisons and Detention Houses (11.12.2002)
2 Cooperation Protocol between the Ministry of Justice and the State Ministry responsible for the Social Services and Child Protection Institution. (23.07.2002)
CIRCULARS
No Title of the Turkish Legislation
1 Circular No. 9/41 of 27.03.2001 on the Persuaders and Aid Providers to Death Fasts by the Ministry of Justice General Directorate of Prisons and Detention Houses.
2 Circular No. 11/78 of 04.07.2001 on the Use of Telephones issued by the Ministry of Justice General Directorate of Prisons and Detention Houses.
3 Circular No. 26/100 of 20.08.2001 on Violation of the Law on Meetings and Demonstration Marches by the Ministry of Justice General Directorate of Prisons and Detention Houses.
4 Circular No. 27/106 of 11.09.2001 on Detainees issued by the Ministry of Justice General Directorate of Prisons and Detention Houses.
5 Circular No. 28/114 of 11.10.2001 on the Investigation and Prosecution of Corruption Cases that Constitute Criminal Offences issued by the Ministry of Justice General Directorate of Prisons and Detention Houses.
6 Circular dating 12.10.2001 on the Training of the Monitoring Boards issued by the Ministry of Justice Directorate General of Prisons and Detention Houses
7 Circular No. 21/3 of 09.01.2002 on the Monthly Open Visits of Prisoners issued by the Ministry of Justice Directorate General of Prisons and Detention Houses
8 Circular No. 17/79 of 09.01.2002 on the Open Visits based on the Article 154 of the Regulation on the Management of Penitentiaries and Detention Houses and the Execution of the Criminal Sentences issued by the Ministry of Justice Directorate General of Prisons and Detention Houses.
9 Circular No. 2/7 of 18.01.2002 on Common Activities issued by the Ministry of Justice Directorate General of Prisons and Detention Houses
No Title of the Turkish Legislation
10 Circular No. 12/4-11 of 01.02.2002 on Youth and Sports Protocol issued by the Ministry of Justice Directorate General of Prisons and Detention Houses
11 Circular No. 12/14460 of 04.03.2002 on the Needs of Books of the Convicts and Detainees issued by the Ministry of Justice Directorate General of Prisons and Detention Houses
12 Circular No. 16/78 of 11.06.2002 on the Code of Behaviour of the Personnel of Prisons and Detention Houses issued by the Ministry of Justice Directorate General of Prisons and Detention Houses
13 Circular No. 12/059108 of 23.08.2002 on Regulating Cooperation Between the Directorate General for Social Services and Child Protection, Ministry of State and the Directorate General of Prisons and Detention Houses, and Ministry of Justice issued by the Ministry of Justice Directorate General of Prisons and Detention Houses.
14 Circular dating 13.09.2002 on Common Activities issued by the Ministry of Justice Directorate General of Prisons and Detention Houses
15 Circular No. 44/2001 of 02.04.2001 on the Notification Forms for Arrested Foreign Nationals issued by the Ministry of Justice Directorate General of International Law and International Relations.
16 Circular No. 59/2001 of 11.05.2001 on the Procedure for Official Notifications to Foreign Diplomatic Representations issued by the Ministry of Justice Directorate General of International Law and International Relations.
17 Circular No. 98/2001 of 14.08.2001 on Foreign Country Passports Detained by the Judicial Bodies issued by the Ministry of Justice Directorate General of International Law and International Relations.
18 Circular No. 120/2001 of 25.10.2001 on the UN Security Council and the Methods on Combating Terrorism issued by the Ministry of Justice Directorate General of International Law and International Relations.
19 Circular No. 29/119 of 25.10.2001 on Post-crime Procedures issued by the Ministry of Justice Directorate General of Penal Affairs
20 Circular No. 33/147 of 21.12.2001 on Arrest and Internment Periods issued by the Ministry of Justice Directorate General of Penal Affairs
21 Circular No. 13/73 of 27.05.2002 on Procedures on Arrest and Internment issued by the Ministry of Justice Directorate General of Penal Affairs
22 Circular No. 20/95, of 01.08.2002 on Wanted Persons issued by the Ministry of Justice Directorate General of Penal Affairs
23 Circular No. 25/106, of 20.08.2002 on the Implementation of EU Harmonisation Laws issued by the Ministry of Justice Directorate General of Penal Affairs
COMMUNIQUÉS
No Title of the Turkish Legislation
1 Communiqué of Ministry of Justice on the rules and procedures of rogatory and judicial notice abroad to be implemented in 2002.
2 Communiqué of Ministry of Justice on the rules and procedures of rogatory and judicial notice abroad to be implemented in 2003