Membership Negotiations
Regulatory Compliance Efforts
Following the decision taken on 3 October 2005 to commence Turkey's membership negotiations with the EU, the publication of the negotiation framework document resulted in the determination of 35 negotiation chapters. The “Information Society and Media-10” chapter, in which the Institution holds an important position in terms of legislation falling within its area of responsibility, was opened for negotiation at the Intergovernmental Conference held in Brussels on 19 December 2008, and closing criteria for the chapter were established. Of the total 5 closing criteria, 3 are related to the electronic communications sector, for which the Institution is also responsible. EU affairs are conducted under the coordination of the EU Presidency of the Ministry of Foreign Affairs.
Information Society and Media Chapter-10. Chapter
The closing criteria related to the electronic communications sector of the Information Society and Media Chapter are as follows:
- Completion of legislative alignment with the acquis in the field of electronic communications and information society services, particularly with regard to consumer rights and spectrum management (including the harmonisation of radio frequency allocation);
- Ensuring the implementation of competitive protection measures against operators with Significant Market Power identified through market analyses, as well as the general authorisation regime in line with the acquis, with particular monitoring of the protection of rights for new entrants to the electronic communications market;
- Ensuring transparency, predictability, and the independence of the regulatory authority, along with sufficient administrative capacity to implement the acquis in the field of electronic communications.
Following the determination of the closing criteria for the relevant chapter, the Institution has largely completed the necessary amendments to the secondary legislation concerning the electronic communications sector within its remit to achieve alignment with the acquis and has forwarded the harmonised secondary legislation to the European Commission. Nevertheless, both during Sub-Committee Meetings and in correspondence between the European Commission and the Institution, it has been indicated that changes to secondary legislation are insufficient for certain aspects of alignment with the EU acquis, and that amendments to primary legislation are essential to ensure full compliance with the acquis in question.
Subcommittee Meetings
Regarding the Chapter, the alignment process is being carried out through various meetings with the participation of European Commission representatives and Turkish representatives. The most important of these is the opportunity to exchange information and views with European Commission officials through the Sub-Committee meetings held once a year via the “Technological Innovation, Education and Cooperation Sub-Committee” established between Turkey and the EU. This allows the progress recorded in our country on alignment in the electronic communications sector and the targets planned to be achieved to be conveyed directly to the relevant parties, and the opinions of the European Commission officials to be obtained.
Following the 8th Round Sub-Committee Meeting on Technological Innovation, Education and Research Programs held in Brussels on 9 February 2009, a technical meeting was held in Brussels on 10 February 2009 for the purpose of sharing information on the closing criteria of the mentioned Chapter, specifically regarding visual and auditory media policies and electronic communications closing criteria.
The 9th Round Sub-Committee Meeting on Technological Innovation, Education and Research Programs was held in Ankara on 9 February 2010, during which the closing criteria related to the Chapter were also discussed.
The 10th Round Sub-Committee Meeting on Technological Innovation, Education and Research Programs was held in Brussels on 9 February 2011.
In 2012, it was held again on 9 February 2012 at the EU Ministry in Ankara.
The Sub-Committee Meeting, which is held regularly every year, was expected to take place in 2013 as well; however, no response was received from the Commission on this matter, and the meeting could not be held in 2013.
Similarly, the Sub-Committee Meeting expected to be held in February 2014 was not held.
In 2015, the Sub-Committee meeting was held on 26 March 2015 in Brussels, Belgium, while the 2016 Sub-Committee was held in Ankara on 4 October 2016. No meeting was held in 2017, and the scheduled date for the 2018 Sub-Committee meeting is 26 April 2018.
