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9- TRANSPORT POLICY

A programme concerning Turkey’s main transport infrastructure needs within the scope of the Transport Main Plan Strategy will be determined by the Ministry of Tansport, with the cooperation of the Undersecretariat of the State Planning Organization (SPO), the Ministry of Settlement and Public Works, the Ministry of the Interior, and the Ministry of Energy and Natural Resources. EU legislation concerning Trans-European Networks (TEN) Guidelines will be taken into account during studies to determine the infrastructural objectives of theTransport Main Plan Strategy.
This Strategy Document is expected to be completed in 2004. The preparation of a Strategy Document is also one of the objectives of the Urgent Action Plan of the Government. Projects concerning TENs will be identified in parallel to the objectives to be defined in the Strategy Document, by reviewing current projects and determining new project needs. This Strategy Document will form the basis of the Transport Main Plan.
Secondary Legislation promulgated for harmonization purposes after submission of the first National Programme is listed in Annex 9.1.
I- PRIORITY LIST
PRIORITY 9.1 Adoption of a programme for transposition and implementation of the EU road transport acquis
PRIORITY 9.2 Adoption and implementation of EU legislation on rail transport
PRIORITY 9.3 Adoption and implementation of EU legislation on air transport
PRIORITY 9.4 Adoption of EU Legislation on Maritime Transport and Maritime Safety and Increasing Efficiency in Implementation
Main Task 9.4.1 Adoption of an action plan on maritime transport in Turkey, adoption and implementation of related EU legislation, strengthening of the infrastructure via administrative, technical and training measures
Task 9.4.1.1 Improvement of technical state of Turkish flag register vessels by strengthening flag state implementations including monitoring of classification societies
Task 9.4.1.2 Adoption and implementation of related EU legislation and strengthening of port state control implementations by taking measures via training and strengthening of the administrative and technical infrastructure
Task 9.4.1.3 Adoption of EU maritime safety legislation other than flag state and port state implementations and strengthening the implementation
Main Task 9.4.2 Harmonisation and implementation of international relations legislation of EU on maritime commerce

II- MEASURES FOR HARMONISATION WITH THE EU LEGISLATION AND IMPLEMENTATION

PRIORITY 9.1 Adoption of a programme for transposition and implementation of the EU road transport acquis
1- Priority Description
The Adoption of a programme for transposition and implementation of the transport acquis is a short-term priority of the Accession Partnership Document. The main elements were determined in line with the medium-term priority of the Accession Partnership, which envisages complete alignment with road transport legislation in terms of market access, road safety, and social, fiscal, and technical rules.
The European Union has created a liberal and competitive market in road transport. The functioning of this market is based both on technical and on social and institutional rules. Within this framework, a harmonization programme for realizing the alignment of legislation in order to integrate the Turkish road transport market with the EU transportation market will be adopted, the aim of which is to remove loopholes in the national legislation and at eliminate differences in order to satisfy the requirements of the EU market.
Agreement on the International Carriage of Passengers by Road by means of Occasional Coach and Bus Services (ASOR), EU legislation with celex number 21982A0526, came into force in Turkey after being published in the Official Gazette No. 18054 dated 22 May 1983. The Agreement continues to be implemented in Turkey with a reservation on Article 5/2b.
Turkey signed the Agreement on the International Occasional Carriage of Passengers by Coach and Bus (INTERBUS) on 11.06.2001. The Agreement is with the Turkish Grand National Assembly for ratification.
The Road Transport Draft Law is pending in the TGNA. The Regulations on International Transport of Passengers and Goods by Road (Official Gazette No. 22027 dated 20 August 1994) and Intercity Passenger Transport by Road (Official Gazette No. 22045 dated 8 September 1994) which are currently in force, will be revised once the draft law is enacted.
An important step will have been taken in determining the necessary activities for aligning and implementing legislation through a project envisaged to be initiated during the second half of 2003, financed by EU funds, for which the terms of reference have been already been prepared and the tendering stage has been reached. Within the context of the project, Turkish legislation will be compared with EU legislation on technical regulations, road safety, and fiscal issues (tolls and taxes) for the road transport sector; and an action plan will be prepared for adopting EU legislation and strengthening administrative capacity.
One short-term priority of the Accession Partnership is to “Adopt a programme for the adaptation of the Turkish road transport fleet to EU standards”. To adopt a programme in this context, a transition programme, which will also include cost analyses, has to be developed in order to determine the number and technical fittings of vehicles engaged in national freight transport on a provincial basis, and to harmonize with EU technical requirements. In order to develop such a programme, a project proposal which includes cost analysis studies, and which has been prepared under the coordination of the Ministry of Transport, will be submitted in order to receive financial support from EU funds.


2- Schedule of Necessary Legislative Changes
Table 9.1.1

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 Council Regulation (EEC) No 4060/89 of 21 December 1989 on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport Ministry of Interior
Ministry of Transport
Ministry of Agriculture and Rural Affairs
Ministry of Health
Ministry of Settlement and Public Works will be determined during the negotiation process
2 Council Regulation (EEC) No 3912/92 of 17 December 1992 on controls carried out within the Community in the field of road and inland waterway transport in respect of means of transport registered or put into circulation in a third country Undersecretariat of Customs
Ministry of Interior
Ministry of Transport
Ministry of Agriculture and Rural Affairs
Ministry of Health
Ministry of Settlement and Public Works will be determined during the negotiation process
Implementing Regulation on International Transport of Passengers and Goods by Road Ministry of Transport
Competition Authority a) 2004, II. Quarter 2- 2004, II. Quarter
Implementing Regulation on Intercity Transport of Passengers and Goods by Road Ministry of Transport
Competition Authority a) 2004, II. Quarter 2- 2004, II. Quarter
Table 9.1.1 (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
Law on Road Transport Ministry of Transport 2003, I. Quarter 1- 2003, IV.Quarter
2- 2003, IV.Quarter
Implementing Regulation on International Transport of Passengers and Goods by Road Ministry of Transport 2004, II. Quarter 2- 2004, II. Quarter
Implementing Regulation on Intercity Transport of Passengers and Goods by Road Ministry of Transport 2004, II. Quarter 2- 2004 , II. Quarter
Law on Road Transport Ministry of Transport 2003, I. Quarter 1- 2003, IV. Quarter
2- 2003, IV. Quarter
Implementing Regulation on International Transport of Passengers and Goods by Road Ministry of Transport 2004, II. Quarter 2- 2004, II. Quarter
Implementing Regulation on Intercity Transport of Passengers and Goods by Road Ministry of Transport 2004, II. Quarter 2- 2004, II. Quarter
Law on Road Transport Ministry of Transport 2003, I. Quarter 1- 2003, IV. Quarter
2- 2003, IV. Quarter
Implementing Regulation on International Transport of Passengers and Goods by Road Ministry of Transport 2004, II. Quarter 2- 2004, II. Quarter
Implementing Regulation on Intercity Transport of Passengers and Goods by Road Ministry of Transport 2004, II. Quarter 2- 2004, II. Quarter


Table 9.1.1 (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
Law on Road Transport Ministry of Transport 2003,I. Quarter 1- 2003, IV. Quarter
2- 2003, IV. Quarter
Implementing Regulation on International Transport of Passengers and Goods by Road Ministry of Transport 2004, II. Quarter 2- 2004, II. Quarter
Implementing Regulation on Intercity Transport of Passengers and Goods by Road Ministry of Transport 2004, II. Quarter 2- 2004, II. Quarter
Law on Road Transport Ministry of Transport 2003, I. Quarter 1- 2003, IV. Quarter
2- 2003, IV. Quarter
Implementing Regulation on International Transport of Passengers and Goods by Road Ministry of Transport 2004, II. Quarter 2- 2004, II. Quarter
Implementing Regulation on Intercity Transport of Passengers and Goods by Road Ministry of Transport 2004, II. Quarter 2- 2004, II. Quarter
9 Council Regulation (EC) No 12/98 of 11 December 1997 laying down the conditions under which non-resident carriers may operate national road passenger transport services within a Member State Ministry of Transport will be determined during the negotiation process
10 Council Regulation (EEC) No 3118/93 of 25 October 1993 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State Ministry of Transport will be determined during the negotiation process.
Table 9.1.1 (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 Regulation (EC) No 3315/94 of 22 December 1994 amending Regulation (EEC) No 3118/93 laying down the conditions under which non-resident carriers may operate national road haulage services within a Member State Ministry of Transport will be determined during the negotiation process
12 Commission Regulation (EC) No 792/94 of 8 April 1994 laying down detailed rules for the application of Council Regulation (EEC) No 3118/93 to road haulage operators on own account Ministry of Transport will be determined during the negotiation process
Law on Road Transport Ministry of Transport 2003, I. Quarter 1- 2003, IV. Quarter
2- 2003, IV. Quarter
(Own account transport operations are excluded for certain period of time)
Implementing Regulation on International Transport of Passengers and Goods by Road Ministry of Transport 2004, II. Quarter 2- 2004, II. Quarter



Table 9.1.1 (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
Law on Road Transport Ministry of Transport 2003, I. Quarter 1- 2003, IV. Quarter
2- 2003, IV. Quarter
(Own account transport operations are excluded for certain period of time)
Implementing Regulation on International Transport of Passengers and Goods by Road Ministry of Transport 2004, II. Quarter 2- 2004, II. Quarter
Implementing Regulation on Intercity Transport of Passengers and Goods by Road Ministry of Transport 2004, II. Quarter 2- 2004, II. Quarter
Law on Road Transport Ministry of Transport 2003, I. Quarter 1- 2003, IV. Quarter
2- 2003, IV. Quarter
(Own account transport operations are excluded for certain period of time)
Implementing Regulation on International Transport of Passengers and Goods by Road Ministry of Transport 2004, II. Quarter 2- 2004, II. Quarter
Implementing Regulation on Intercity Transport of Passengers and Goods by Road Ministry of Transport 2004, II. Quarter 2- 2004, II. Quarter

Table 9.1.1 (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
16 Council Directive 84/647/EEC of 19 December 1984 on the use of vehicles hired without drivers for the carriage of goods by road Ministry of Transport
Undersecretariat of Foreign Trade
Directorate General of Turkish National Police
Undersecretariat of Customs will be determined during the negotiation process
Law on Road Transport Ministry of Transport 2003, I. Quarter 1- 2003, IV. Quarter
2- 2003, IV. Quarter
Secondary legislation Ministry of Transport
Ministry of Settlement and Public Works
Ministry of Environment and Forestry a) 2004, II. Quarter 2- 2004, II. Quarter
Law on Road Transport Ministry of Transport 2003, I. Quarter 1- 2003, IV. Quarter
2- 2003, IV. Quarter
Secondary legislation Ministry of Transport
Ministry of Settlement and Public Works
Ministry of Environment and Forestry a) 2004, II. Quarter 2- 2004, II. Quarter
Implementing Regulation on Road Traffic Directorate General of Turkish National Police 2004, I. Quarter 2-2004, II. Quarter

Table 9.1.1 (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
Law on Road Transport Ministry of Transport 2003, I. Quarter 1- 2003, IV. Quarter
2- 2003, IV. Quarter
Secondary legislation Ministry of Transport
Ministry of Settlement and Public Works
Ministry of Environment and Forestry a) 2004, II. Quarter 2. 2004, II. Quarter
Law on Road Transport Ministry of Transport 2003, I. Quarter 1- 2003, IV. Quarter
2- 2003, IV. Quarter
Secondary legislation Ministry of Transport
Bayındırlık ve İskan Bakanlığı
Çevre ve Orman Bakanlığıa) 2004, II. Quarter 2. 2004, II. Quarter
21 Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States Law on Combined Transport of Goods Ministry of Transport
Undersecretariat of SPO
Undersecretariat of Treasury
Ministry of Finance
Undersecretariat of Maritime Affairs
Turkish Republic State Railways 2005, IV. Quarter 1- 2005, IV. Quarter
2- 2005, IV. Quarter
Table 9.1.1 (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
Law on Road Transport Ministry of Transport 2003, I. Quarter 2003, IV. Quarter
2003, IV. Quarter
Implementing Regulation on International Transport of Passengers and Goods by Road Ministry of Transport 2004, II. Quarter 2- 2004, II. Quarter
Implementing Regulation on Intercity Transport of Passengers and Goods by Road Ministry of Transport 2004, II. Quarter 2- 2004, II. Quarter
Secondary legislation Ministry of Industry and Trade 2004, I. Quarter 2- 2004, IV. Quarter
Revision of Law on Road Traffic Directorate General of Turkish National Police 2004, III. Quarter 1- 2004, IV. Quarter
2- 2004, IV. Quarter
24 Directive 2000/30/EC of the European Parliament and of the Council of 6 June 2000 on the technical roadside inspection of the roadworthiness of commercial vehicles circulating in the Community Secondary legislation Directorate General of Turkish National Police
Ministry of Settlement and Public Works
Ministry of Transport 2005, IV. Quarter 2- 2005, IV. Quarter
Revision of Law on Road Traffic Directorate General of Turkish National Police 2004, III. Quarter 1- 2004, IV. Quarter
2- 2004, IV. Quarter
Implementing Regulation on Training of Drivers Ministry of National Education 2004 , III. Quarter 2-2004, III. Quarter

Table 9.1.1 (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
26 Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community Revision of Law on Road Traffic Directorate General of Turkish National Police 2004, III. Quarter 1- 2004, IV. Quarter
2- 2004, IV. Quarter
27 Council Directive 91/671/EEC of 16 December 1991 on the approximation of the laws of the Member States relating to compulsory use of safety belts in vehicles of less than 3,5 tonnes Revision of Law on Road Traffic Directorate General of Turkish National Police 2004, III. Quarter 1- 2004, IV. Quarter
2- 2004, IV. Quarter
28 Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles Revision of Law on Road Traffic Directorate General of Turkish National Police 2004, III. Quarter 1- 2004, IV. Quarter
2- 2004, IV. Quarter
29 Council Regulation (EC) No 2411/98 of 3 November 1998 on the recognition in intra-Community traffic of the distinguishing sign of the Member State in which motor vehicles and their trailers are registered Directorate General of Turkish National Police will be determined during the negotiation process
30 Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonization of certain social legislation relating to road transport Implementing Regulation on Road Traffic Directorate General of Turkish National Police
Ministry of Labor and Social Security a) 2004, I. Quarter 2-2004, II. Quarter

Table 9.1.1 (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
31 Council Directive 88/599/EEC of 23 November 1988 on standard checking procedures for the implementation of Regulation (EEC) No 3820/85 on the harmonization of certain social legislation relating to road transport and Regulation (EEC) No 3821/85 on recording equipment in road transport (Amendment 31998R2135) Implementing Regulation on Road Traffic Directorate General of Turkish National Police
Ministry of Labor and Social Security a) 2004, I. Quarter 2-2004, II. Quarter
32 93/173/EEC: Commission Decision of 22 February 1993 drawing up the standard form provided for by Article 16 of Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonization of certain social legislation relating to road transport Implementing Regulation on Road Traffic Directorate General of Turkish National Police
Ministry of Labor and Social Security a) 2004, I. Quarter 2-2004, II. Quarter
a) Contribution to the studies
b) Schedule of Necessary Legislative Changes includes information for road transport. For railway transport see Priority 9.2. Inland waterway transport implemetation is not regarded as priority in this National Programme.
c) 2000/275/EC is also taken into aacount.






3- Schedule of Necessary Institutional Changes

Tablo 9.1.2

No Necessary Institutional Changes – (Ministry of Transport) Period of Implementation
1 Recruitment of staff to strengthen the administrative capacity of the General Directorate of Road Transport 2004 - 2005
2 Training for the strengthening of administrative capacity 2004 - 2006
3 Strengthening of administrative capacity to meet the requirements for the minimum level of training for road transport drivers, and implementation of professional competency conditions. as from 2005

Tablo 9.1.3

No Necessary Institutional Changes - (Directorate General of Turkish National Police) Period of Implementation
1 Training of personnel so as to implement related EU acquis. 2004 - 2006
2 Strenghthening of structures for the implementation of legislation. 2004 - 2006






4- Financing Requirements and Sources of Financing
Table 9.1.4 (Euro)

Requirements- (Ministry of Transport) Year National Budget EU Resources Other Resources Total
I- Investment a)
II- Harmonisation with the EU Legislation and Implementationb) (1) A project will be submitted to the 2004 Pre-accession Financial Assistance Programme
Personnel
(5 Personnel ) 2004 - 2006
110,000 110,000
Training 2004 - 2006 (2) A project will be submitted to the 2004 Pre-accession Financial Assistance Programme
Consultancy 2003
2004 – 2006
(Pre-accession Financial Assistance Programme) (gap analysis project)196.000
200.000c)
(3) A project will be submitted to the 2004 Pre-accession Financial Assistance Programme 396,000
Translation 2004 - 2006 10,000 30,000 40,000
Other (1)+(2)+(3)= 1,500,000 1,500,000
Total 120,000 1,926,000 2,046,000
a) Within the context of the project, which is financed by EU funds and expected to be initiated in the second half of 2003, Turkish legislation will be compared with EU legislation , an action plan will be proposed for adopting EU legislation and strengthening administrative capacity. A further project, designed according to the results of this project, and also including investment needs identified in this analysis, will be sumitted to the Pre-accession Financial Assistance Programme.
b) A Project will be submitted to the Pre-accession Financial Assistance Programme at the most appropriate time.
c) Consultancy claim for the preparation of a transition programme, which will also include cost analyses, in order to determine the number and technical fittings of vehicles engaged in national freight transport on a province basis and to harmonize with EU technical requirements.
Table 9.1.5 (Euro)

Requirements - (Directorate General of Turkish National Police) Year National Budget EU Resources Other Resources Total
I-Investment a) 2004 - 2006
II- Harmonisation with the EU Legislation and Implementationa) A project will be submitted to the 2004 Pre-accession Financial Assistance Programme (1)
Personnel
Traininga) 2004 - 2006 A project will be submitted to the 2004 Pre-accession Financial Assistance Programme (2)
Consultationa) 2003 (consultancy serviceb))
2004 - 2006 (Pre-accession Financial Assistance Programme) A project will be submitted to 2004 Programming of Pre-accession Financial Assistance (3)
Translation 2004 - 2006 5,000 15,000 20,000
Other (1)+(2)+(3)= 1,500,000 1,500,000
Total 5,000 1,515,000 1,520,000
a) Within the scope of a project envisaged to be initiated during the second half of 2003 financed by EU funds, Turkish road transport legislation will be compared with EU legislation, and an action plan will be prepared for adopting EU legislation and strengthening administrative capacity. A further project, designed according to the results of this project and also including investment needs identified in this analysis, will be sumitted to the Pre-accession Financial Assistance Programme.
b) Financing amount is given in the Financial Requirements Table for the Ministry of Transport

PRIORITY 9.2 Adoption and implementation of EU legislation on rail transport
1- Priority Description
Adoption and implementation of the rail transport acquis are among the short-term and medium-term priorities in the Council Decision of 19 May 2003 on the Accession Partnership with the Republic of Turkey.
Within the scope of the Programming of Pre-accession Financial Assistance, a gap analysis was completed in the framework of technical assistance study (rail-301202), which was initiated on 10 March 2003 in order to identify the legal differences between the Draft Railway Law and related EU legislation, the structural and administrative differences of the rail transport sector, and the infrastructural needs of the Turkish rail system.
In the light of the results of the gap analysis and with the support of Turkish State Railways (TCDD), an action plan has been prepared for the 2003-2008 period including the following issues which were discussed in a workshop on 15 April 2003:
- Legal measures in order to adopt the Draft Railway Law in line with the related EU legislation,
- Administrative and structural improvements for the effective implementation of the Law,
- Necessary improvements with a pre-cost analysis,
- Implementation of combined transport possibilities,
Following the completion of the gap analysis and the action plan, a project to be financed by EU funds has been prepared. Studies to be carried out within the scope of the project are given below:
Financial Management Information System (FMIS)
Includes procurement of the FMIS, which will record revenues and expenses for departments and work units, and enable the evaluation and monitoring of the financial performance of TCDD. This system will also be the base for the calculation of public service obligations.
Reorganization of TCDD
Includes technical assistance for the establishment of work units and training of work unit managers.
Organization of rail sector
Providing technical assistance for the preparation of
- a Framework Law for regulating the railway sector
- a new Law for the Turkish State Railways (TCDD) identifying its role in a modernised context, and allowing for the restructuring of TCDD
also proposed in the Action Plan.
Financial relations with government
Providing technical assistance on issues such as identification of public service obligations, preparation of public service contracts, analysis of general financial relations (income, cost, subvention, cash flow)
2- Schedule of Necessary Legislative Changes
Table 9.2.1

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
Railway Law Ministry of Transport
Turkish State Railways 2005, IV. Quarter 1- 2005, III. Quarter
2- 2006, I. Quarter
Law on TCDD Ministry of Transport
Turkish State Railways 2005, IV. Quarter 1- 2005, III. Quarter
2- 2006, I. Quarter
2 Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 91/440/EEC on the development of the Community's railways Railway Law Ministry of Transport
Turkish State Railways 2005, IV. Quarter 1- 2005, III. Quarter
2- 2006, I. Quarter
3 Directive 2001/13/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 95/18/EC on the licensing of railway undertakings Railway Law Ministry of Transport
Turkish State Railways 2005, IV. Quarter 1- 2005, III. Quarter
2- 2006, I. Quarter
4 Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification Railway Law Ministry of Transport
Turkish State Railways 2005, IV. Quarter 1- 2005, III. Quarter
2- 2006, I. Quarter
5 Regulation (EEC) No 1191/69 of the Council of 26 June 1969 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway Railway Law Ministry of Transport
Undersecretariat of Treasury
Turkish State Railways 2005, IV. Quarter 1- 2005, III. Quarter
2- 2006, I. Quarter
Table 9.2.1 (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
6 Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail system Implementing Regulation Turkish State Railways
Ministry of Transport
Turkish Standards Institution 2008, II. Quarter 2- 2008, III. Quarter
7 Directive 2001/16/EC of the European Parliament and of the Council of 19 March 2001 on the interoperability of the trans-European conventional rail system Implementing Regulation Ministry of Transport
Turkish State Railways Turkish Standards Institution 2008, II. Quarter 2- 2008, III. Quarter
8 Council Regulation (EEC) No 1893/91 of 20 June 1991 amending Regulation (EEC) No 1191/69 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway Railway Law Ministry of Transport
Turkish State Railways
Undersecretariat of Treasury 2005, IV. Quarter 1- 2005, III. Quarter
2- 2006, I. Quarter
9 Council Directive 96/35/EC of 3 June 1996 on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway Will be harmonized by an implementing regulation Ministry of Transport
Ministry of Settlement and Public Works
Ministry of Environment and Forestry
Ministry of Interior 2005, IV. Quarter 2- 2005, IV. Quarter
10 Regulation (EEC) No 1107/70 of the Council of 4 June 1970 on the granting of aids for transport by rail, road and inland waterway Railway Law Ministry of Transport
Undersecretariat of Treasury 2005, IV. Quarter 1- 2005, III. Quarter
2- 2006, I. Quarter


Table 9.2.1 (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
11 Regulation (EEC) No 1192/69 of the Council of 26 June 1969 on common rules for the normalisation of the accounts of railway undertakings FMIS Turkish State Railways 2004, IV. Quarter 2- 2004, IV. Quarter
12 Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail Will be harmonized by an implementing regulation Turkish State Railways 2004, I. Quarter 2- 2004, I. Quarter
13 1999/569/EC: Commission Decision of 28 July 1999 on the basic parameters for the command-and-control and signalling subsystem relating to the trans-European high-speed rail system Implementing Regulation Turkish State Railways 2005, IV. Quarter 2- 2005, IV. Quarter
14 Directive 2000/18/EC of the European Parliament and of the Council of 17 April 2000 on minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterway Will be harmonized by an implementing regulation Turkish State Railways 2005, IV. Quarter 2- 2005, IV. Quarter

3- Schedule of Necessary Institutional Changes
Table 9.2.2

No Necessary Institutional Changes – (Turkish State Railways) Period of Implementation
1 Establishment of FMIS for the separation of infrastructure and enterprise on accounting basis (by EU sources) 2004 – 2005

Table 9.2.2 (Continued)

No Necessary Institutional Changes – (Turkish State Railways) Period of Implementation
2 - arrangement of organizational structure of Turkish State Railways
- establishment of work units 2004 – 2006
3 Twinning project to support clarification, improvement and implementation of national railway transport legislation and policies
- Identification of regulatory bodies and preparation of a new Law
- Law on Turkish State Railways
- Framework Law 2004 – 2005
4 Arrangement of financial relations with the government
- Public service obligations (PSO/PSC)
- Infrastructure 2004 - 2006
5 Establishment of infrastructure manager 2005
6 Establishment of safety certification body 2006
7 Arrangements for combined transport 2006

4- Financing Requirements and Sources of Financing
Table 9.2.3 (Euro)

Requirements - (Turkish State Railways) Year National Budget EU Resources Other Resources Total
I- Investment a) 2004 2005 477,000 1,432,000 1,909,000
II- Harmonisation with the EU Legislation and Implementation a) 2004 - 2006 2,832,000 2,832,000
Table 9.2.3 (Continued) (Euro)

Requirements - (Turkish State Railways) Year National Budget EU Resources Other Resources Total
Personnel
Training
Consultancy
Translation 2004 - 2006 15,000 15,000
Other
Total 2004 - 2006 492,000 4,264,000 4,756,000
a) RAIL-301202 study of the European Commission


PRIORITY 9.3 Adoption and implementation of EU legislation on air transport
1- Priority Description
Adoption and implementation of the EU legislation on air transport are among the short-term and medium-term priorities of the Council Decision of 19 May 2003 on the Accession Partnership with the Republic of Turkey.
With the amendments to the Civil Aviation Implementing Regulation (SHY-6A) and Civil Aviation Communiqué (SHT-36A), harmonisation with the Council Directive No. 92/14/EEC on limiting the operation of aircraft covered by the International Civil Aviation Agreement, Annex 16, Vol.1, Section 2, has been completed.
With the promulgation of the Law No. 4647 Amending Turkish Civil Aviation Law, harmonisation with the Council Regulation 2409/92 of 23 July 1992 on fares and rates for air services has been completed.
Harmonisation of Turkish legislation with EU air transport legislation is important in terms of the continuity of air transport activities. The most concrete field that has been harmonised up to now is airfare rates, where the opportunity is provided for air carriers to determine their own fares with the removal of the approval procedure on airfares. Our advantage during the harmonisation studies is that air transportation is an international issue. Additionally, it is thought that harmonisation will be supported by JARs, which are tries to be implemented, as a result of Turkey’s membership of the Joint Aviation Authorities.
The EUROCONTROL Convention has been approved through membership of EUROCONTROL, valid from 1 March 1989, according to Law No. 3504, dated 2 December 1988, which was published in the Official Gazette No. 20039, dated 4 January 1989.
2- Schedule of Necessary Legislative Changes
Table 9.3.1

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 Council Regulation (EEC) No 295/91 of 4 February 1991 establishing common rules for a denied-boarding compensation system in scheduled air transport Conversion of enforced procedures into implementing regulations Ministry of Transport 31 December 2004 2- 31 December 2005
2 Council Directive 91/670/EEC of 16 December 1991 on mutual acceptance of personnel licences for the exercise of functions in civil aviation SHY-FCL (for Pilots)
SHY-66 (for Technicians) Ministry of Transport 30 June 2004
2- 30 June 2005
3 Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers Revision of SHY-6A
(SHT-100) Ministry of Transport 30 June 2004 2- 30 June 2005
4 Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports Revision of SHY-22 Ministry of Transport 31 December 2003 2- 31 December 2004
5 Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports Introducing enforced procedures into legal hierarchy Ministry of Transport 31 December 2004 2-31 December 2005
6 Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation Conversion of related JARs to implementing regulations Ministry of Transport 30 June 2004 2- 30 June 2005
7 Council Directive 93/65/EEC of 19 July 1993 on the definition and use of compatible technical specifications for the procurement of air-traffic- management equipment and systems Conversion of EUROCONTROL standards, including those currently in use, to implementing regulations, where necessary Ministry of Transport
General Directorate for State Airports Administration (DHMİ) 31 December 2005 2- 31 December 2005
Table 9.3.1 (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
8 Commission Directive 97/15/EC of 25 March 1997 adopting Eurocontrol standards and amending Council Directive 93/65/EEC on the definition and use of compatible technical specifications for the procurement of air- traffic-management equipment and systems Conversion of EUROCONTROL standards, including those currently in use, to implementing regulations, where necessary Ministry of Transport
General Directorate for State Airports Administration 31 December 2005 2- 31 December 2005
9 Commission Regulation (EC) No 2082/2000 of 6 September 2000 adopting Eurocontrol standards and amending Directive 97/15/EC, adopting Eurocontrol standards and amending Council Directive 93/65/EEC Conversion of EUROCONTROL standards, including those currently in use, to implementing regulations, where necessary Ministry of Transport
General Directorate for State Airports Administration 31 December 2005 2- 31 December 2005
10 Council Directive 94/56/EC of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents Revision of SHY-13 Ministry of Transport 31 December 2004 2- 31 December 2005
11 Council Directive 80/51/EEC of 20 December 1979 on the limitation of noise emissions from subsonic aircraft Implementing Regulation Ministry of Transport 30 June 2005 2- 30 June 2006
12 Council Directive 89/629/EEC of 4 December 1989 on the limitation of noise emission from civil subsonic jet aeroplanes Implementing Regulation Ministry of Transport 30 June 2005 2- 30 June 2006
13 Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents Implementing Regulation Ministry of Transport 31 December 2005 2- 31 December 2006
14 Council Regulation (EEC) No 2299/89 of 24 July 1989 on a code of conduct for computerized reservation systems Implementing Regulation Ministry of Transport 30 June 2006 2- 31 December 2006
Table 9.3.1 (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
15 Commission Regulation (EC) No 2871/2000 of 28 December 2000 adapting to scientific and technical progress Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation Conversion of related JARs into implementing regulations Ministry of Transport 30 June 2004 2- 30 June 2005
16 Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports Implementing Regulation Ministry of Transport 30 June 2005 2- 30 June 2006
17 Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes Ministry of Transport Will be determined during the negotiation process
18 80/50/EEC: Council Decision of 20 December 1979 setting up a consultation procedure on relations between Member States and third countries in the field of air transport and on action relating to such matters within international organizations Ministry of Transport Will be determined during the negotiation process
3- Schedule of Necessary Institutional Changes
Table 9.3.2

No Necessary Institutional Changes – (Ministry of Transport) Period of Implementation
1 Establishing an administrative structure for the General Directorate of Civil Aviation by changing its structure in order to provide autonomy in financial and technical matters, but affiliated to the Ministry of Transport on other issues 2004
2 Employment of personnel related to item 1 2004
Table 9.3.2 (Continued)

No Necessary Institutional Changes – (Ministry of Transport) Period of Implementation
3 Providing consultants (for training and infrastructure studies) 2004
4 Technical training of staff 2004
5 Establishment of infrastructure 2004
6 Monitoring of implementation 2005
4- Financing Requirements and Sources of Financing
Table 9.3.3 (Euro)

Requirements - (Ministry of Transport) Year National Budget EU Resources Other Resources Total
I- Investment
II- Harmonisation with the EU Legislation and Implementation
Personnel a) 2004 1,000,000 1,000,000
Training b) 2004 < 200,000 < 1,500,000 < 1,700,000
Consultancy c) 2004 1,000,000 1,000,000
Translation d) 2003 - 2004 150,000 150,000
Other
Total 2003 - 2004 < 1,200,000 < 2,650,000 < 3,850,000
a) The total number of staff, currently 116, will increase to approximately 250 after the institutional change stated in item.1 of Table 9.3.2.
b) The planned budget for 4-week basic training to be given by the Ministry to the technical staff added after the institutional change, and for one-week of technical training which will enable them to specialize in their fields, and also for one-week on-the-job training, and for the training stipulated and provided by the International Civil Aviation Organisation.
c)The Institution, which will have broader subject headings with the establishment of the new structure, will be in need of international and national consultants in the phase of the preparation and adoption of guidance material for the implementation of the standards suggested by ICAU and JAA type institutions. Per Diem allowance for international consultants including all expenses is around 2,000 Euro. This amounts to 600,000 Euro for 10 consultants per month. In addition, the possibility of extensions to these working periods and the necessity of national consultants have also been taken into consideration.
d) For translation of EU legislation to Turkish and translation of the implemented international standards in order to introduce them to the legal hierarchy highly technical translation needs have to be met.


PRIORITY 9.4 Adoption of EU Legislation on Maritime Transport and Maritime Safety and Increasing Efficiency in Implementation
Main Task 9.4.1 Adoption of an action plan on maritime transport in Turkey, adoption and implementation of related EU legislation, strengthening of the infrastructure via administrative, technical and training measures
This priority is included in both the short-term and medium-term targets of the Council Decision of 19 May 2003 on the Accession Partnership with the Republic of Turkey.
The legislation enacted following the first National Programme for the adoption of the EU acquis is given below:
- Implementing Regulation on Seafarers was published in the Official Gazette No. 24832, dated 31 July 2002. The said Implementing Regulation was prepared in line with Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers, and Directive 1999/95/EC of the European Parliament and of the Council of 13 December 1999 concerning the enforcement of provisions in respect of seafarers' hours of work on board ships calling at Community ports.
- Commission Directive 96/40/EC of 25 June 1996 establishing a common model for an identity card for inspectors carrying out Port State control implementations has been adopted by secondary legislation.
The action plan on the Strengthening the Safety of Maritime Transport in Turkey is at the last stage of preparation. It is planned to be approved and initiated in July-August 2003. Moreover, the “Support for the Enhancement of the Safety of Maritime Transport in Turkey Project” being carried out in the context of 2002 Programming of Pre-accession Financial Assistance also continues.

Task 9.4.1.1 Improvement of technical state of Turkish flag register vessels by strengthening flag state implementations including monitoring of classification societies
1- Priority Description
Studies concerning becoming a party to some related international conventions (SOLAS-78, SOLAS-88 and Load Line-88) still continue and the draft laws are now pending at the Turkish Grand National Assembly. Detailed studies have been initiated for complete harmonisation of the present legislation with the EU Directives. National draft legislation fully compatible with the related Directives will be prepared within the twinning component of the Support for the Enhancement of the Safety of Maritime Transport in Turkey Project, which will be financed by EU sources. Additionally, preparations for the related legal changes and promulgation of the required secondary legislation have been commenced by Undersecretariat of Maritime Affairs. Although the project covers partial implementation, different projects and financial sources are foreseen to be necessary for the full implementation of the related legislation.


2- Schedule of Necessary Legislative Changes
Table 9.4.1.1.1

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
Law on being a party to 1978 and 1988 protocols of SOLAS-74 convention Undersecretariat of Maritime Affairs 1- 31 December 2003
2- 31 December 2003
a) Law on implementation of SOLAS

b) Secondary legislation Undersecretariat of Maritime Affairs

b) 15.12.2005 a) 1- 31 December 2004
2- 31 December 2004
b) 2- 31 December 2005
Law on being a party to Annexes III and IV of MARPOL convention Undersecretariat of Maritime Affairs 2- 31 June 2004
a) Law on implementation of MARPOL

b) Implementing regulation Undersecretariat of Maritime Affairs

b) 15.12.2005 a) 1- 31December 2004
2- 31 December 2004
b) 2- 31 December 2005
2 Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations Implementing Regulation on Authorization of Administrations to Act on Behalf of the Flag State at the Vessels Registered Under the Turkish Flag a) Undersecretariat of Maritime Affairs 15.07.2003 2- 31 July 2003
(Date of full compatibility will be determined during the negotiation process)
3 Council Regulation (EC) No 2978/94 of 21 November 1994 on the implementation of IMO Resolution A.747(18) on the application of tonnage measurement of ballast spaces in segregated ballast oil tankers Amendment to Tonnage Measurement Regulation of Merchant Ships Undersecretariat of Maritime Affairs 15.12.2004 2- 31 December 2004

Table 9.4.1.1.1 (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 Council Regulation (EC) No 3051/95 of 8 December 1995 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries) Implementing Regulation for the adoption of Section IX of the Law on SOLAS and International Safety Management Code (ISM Code) Undersecretariat of Maritime Affairs 15.12.2005 2- 31 December 2005
5 96/587/EC: Commission Decision of 30 September 1996 on the publication of the list of recognized organizations which have been notified by Member States in accordance with Council Directive 94/57/EC (Text with EEA relevance) Directive on the list of administrations to be authorised according to the Implementing Regulation on Authorization of Administrations to Act On Behalf of the Flag State At Vessels Registered Under the Turkish Flag and preparation of authorization transfer protocols Undersecretariat of Maritime Affairs 15.12.2003 2- 31 December 2003
6 Council Directive 96/98/EC of 20 December 1996 on marine equipment Implementing Regulation on the Standards and Testing Of Marine Equipment Undersecretariat of Maritime Affairs 15.12.2005 2- 31 December 2005
7 Commission Directive 97/58/EC of 26 September 1997 amending Council Directive 94/57/EC on common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations Implementing Regulation on Authorization of Administrations to Act on Behalf of the Flag State at Vessels Registered Under the Turkish Flag Undersecretariat of Maritime Affairs 15.07.2003 2- 31 July 2003
8 98/295/EC: Commission Decision of 22 April 1998 on the recognition of the Hellenic Register of Shipping in accordance with Council Directive 94/57/EC Directive on the list of administrations to be authorised according to the Implementing Regulation on Authorization of Administrations to Act On Behalf of the Flag State at Vessels Registered Under the Turkish Flag and preparation of authorization transfer protocols Undersecretariat of Maritime Affairs 15.12.2003 2- 31 December 2003
9 Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships Implementing Regulation On Safety Rules And Standards For Passenger Ships Undersecretariat of Maritime Affairs Will be determined during the negotiation process
Table 9.4.1.1.1 (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
10 Commission Regulation (EC) No 179/98 of 23 January 1998 amending Council Regulation (EC) No 3051/95 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries) Implementing Regulation for the adoption of Section IX of the Law on SOLAS and International Safety Management Code (ISM Code) Undersecretariat of Maritime Affairs 15.12.2005 2- 31 December 2005
11 2000/481/EC: Commission Decision of 14 July 2000 on the recognition of 'RINAVE - Registro Internacional Naval, SA' in accordance with Council Directive 94/57/EC Directive on the list of administrations to be authorised according to the Implementing Regulation on Authorization of Administrations to Act on Behalf of the Flag State at Vessels Registered Under the Turkish Flag and preparation of authorization transfer protocols Undersecretariat of Maritime Affairs 15.12.2003 2- 31 December 2003
12 Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over Implementing Regulation on Fishing Vessels of 24 Metres in Length and Over Undersecretariat of Maritime Affairs 15.12.2005 2- 31 December 2005
13 Directive 2001/105/EC of the European Parliament and of the Council of 19 December 2001 amending Council Directive 94/57/EC on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations Implementing Regulation on Authorization of Administrations to Act On Behalf of the Flag State at Vessels Registered Under the Turkish Flag Undersecretariat of Maritime Affairs 15.07.2003 2- 31 December 2003
(Date of full compatibility will be determined during the negotiation process)
14 Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services (As a secondary legislation under the Law on SOLAS) Implementing Regulation on a System of Mandatory Surveys for the Safe Operation of Regular Ro-Ro Ferry And High-Speed Passenger Craft Services Undersecretariat of Maritime Affairs 15.12.2005 2- 31 December 2005
a)The Implementing Regulation will not be fully compatible, as it does not comply with the number of vessels criteria of the Directive of National Classification Society.

3- Schedule of Necessary Institutional Changes
Table 9.4.1.1.2

No Necessary Institutional Changes – (Undersecretariat of Maritime Affairs) Period of Implementation
1 Completing the translation of the legislation 2003
2 Preparation and distribution of documents for ship survey procedures 2004
3 Completing the training of ship survey experts and harbour masters on EU technical standards 2004
4 Completing the administrative structure for investigation of marine accidents and making the legislative and technical arrangements 2004
5 Establishment of the National Marine Safety Inspection Committee 2004
6 Establishment of a database in Turkish and English comprising EU legislation, national legislation, and international regulations to which Turkey is a party 2004
7 Establishment of central ship safety database 2004
8 Strengthening of the national classification society in terms of quantity and quality 2005
9 Completing the employment of the flag state surveyors 2004
10 Completing the language training (English) of staff who are engaged in Flag State applications 2005
11 Organization of applied national training seminars on SOLAS section IX and ISM code applications
(Financed from the Support for the Enhancement of the Safety of Maritime Transport in Turkey Project) 2004
12 Fulfilment of information technology equipment and software requirements of surveyors
(Partially financed by “Support for the Enhancement of the Safety of Maritime Transport in Turkey Project”) 2004
13 Fulfilment of equipment and tool requirements of ship surveyors 2005
14 Fulfilment of technical equipment requirements of the universities and colleges, having maritime education in order to meet the qualified sea farer requirement of Turkey’s and international marine transport sector, according to EU and IMO standards, 2005

Table 9.4.1.1.2 (Continued)

No Necessary Institutional Changes – (Undersecretariat of Maritime Affairs) Period of Implementation
15 Fulfilment of technical equipment and software requirements of flag state staff of central administration
(Partially financed by “Support for the Enhancement of the Safety of Maritime Transport in Turkey Project”) 2004
16 Establishment of a vocational training centre for flag state implementations 2005

4- Financing Requirements and Sources of Financing
Table 9.4.1.1.3 (Euro)

Requirements - (Undersecretariat of Maritime Affairs) Year National Budget EU Resources Other Resources Total
I-Investment
For necessary institutional changes 3,6,7,12,13,14,15 a) 2003 - 2004 417,000 1,250,000 1,667,000
For necessary institutional changes 12,14,15 2003 - 2004 3,750,000 15,000,000 18,750,000
For necessary institutional changes 13,16 2005 2,500,000 10,000,000 12,500,000
II- Harmonisation with the EU Legislation and Implementation
Personnel
Training
For necessary institutional changes 5,9,10,16

Table 9.4.1.1.3 (Continued) (Euro)

Requirements - (Undersecretariat of Maritime Affairs) Year National Budget EU Resources Other Resources Total
Consultancy
For necessary institutional changes 3,4,16 2003 – 2005 500,000 500,000
Translation a)
For necessary institutional changes 1,2 2003 – 2005 150,000 150,000
Other
Twinning a)
For necessary institutional changes 1,2,11 2003 - 2004 900,000 900,000
Total 2004 - 2005 6,667,000 29,800,000 36,467,000
a) Support for the Enhancement of the Safety of Maritime Transport in Turkey Project.

Task 9.4.1.2 Adoption and implementation of related EU legislation and strengthening of port state control implementations by taking measures via training and strengthening of the administrative and technical infrastructure
1- Priority Description
Concerning Port State Control, Turkey is a party to the Mediterranean Port State Memorandum and the Black Sea Port State Control Memorandum. Efforts to strengthen the existing legal, administrative, technical, staff and educational infrastructure are continuing in order to harmonize the controls in line with the said memoranda. The Draft Implementing Regulation on Port State Control is being prepared in order to implement the memoranda.

2- Schedule of Necessary Legislative Changes
Table 9.4.1.2.1

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 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) Implementing Regulation on Port State Control Undersecretariat of Maritime Affairs 15.12.2003 2- 31 December 2003 (Date of full compatibility of inspection rates will be determined during the negotiation process)
2 Directive 2001/106/EC of the European Parliament and of the Council of 19 December 2001 amending Council Directive 95/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) Implementing Regulation on Port State Control Undersecretariat of Maritime Affairs 15.12.2003 2- 31 December 2003 (Date of full compatibility of inspection rates will be determined during the negotiation process)
3- Schedule of Necessary Institutional Changes
Table 9.4.1.2.2

No Necessary Institutional Changes – (Undersecretariat of Maritime Affairs) Period of Implementation
1 Establishment of the national port state control database and information system (Partially financed by Support for the Enhancement of the Safety of Maritime Transport in Turkey Project) (Financial information for the project is presented in Table 9.4.1.1.3) 2004
2 Strengthening cooperation with the Ministry of Labour and Social Security in the context of the implementation of the International Labour Organization’s (ILO) maritime agreements for the effective implementation of port state control 2004
3 Completing the employment of port state surveyors 2004
4 Preparation and distribution of documents comprising port state control procedures 2004
5 Completing the training of port state control experts in compliance with EU and IMO standards 2005
Table 9.4.1.2.2 (Continued)

No Necessary Institutional Changes – (Undersecretariat of Maritime Affairs) Period of Implementation
6 Completing the language training (English) of port state control staff 2005
7 Fulfilment of information technology equipment, software and other equipment and technical requirements of experts (Partially financed by Support for the Enhancement of the Safety of Maritime Transport in Turkey Project) (Financial information on the project is presented in Table 9.4.1.1.3) 2005
4- Financing Requirements and Sources of Financing
Table 9.4.1.2.3 (Euro)

Requirements - (Undersecretariat of Maritime Affairs) Year National Budget EU Resources Other Resources Total
I-Investment
For necessary institutional change 1 2003 - 2004 125,000 500,000 625,000
For necessary institutional change 7 2005 250,000 1,000,000 1,250,000
II- Harmonisation with the EU Legislation and Implementation
Personnel
Training
For necessary institutional changes 3,5,6
Consultancy
For necessary institutional change 5 2003 - 2005 1,000,000 1,000,000
Translation 2004 - 2005
Other
Total 2004 - 2005 375,000 4,500,000 4,875,000
Task 9.4.1.3 Adoption of EU maritime safety legislation other than flag state and port state implementations and strengthening the implementation
1- Priority Description
In addition to flag state implementations and port state control applications, efforts on structuring and harmonisation of navigation and environment safety legislation still continue with the aim of strengthening maritime safety.
2- Schedule of Necessary Legislative Changes
Table 9.4.1.3.1

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
Amendment to the Regulation on Carrying Dangerous Goods by Merchant Ships or new secondary legislation Undersecretariat of Maritime Affairs 15 December 2005 2- 31 December 2005
Adoption of the related provisions on Port Regulations Undersecretariat of Maritime Affairs 15 December 2005 2- 31 December 2005
2 Council Directive 79/115/EEC of 21 December 1978 concerning pilotage of vessels by deep-sea pilots in the North Sea and English Channel Directive to inform Register Vessels Flying Turkish Flag which will visit the region Undersecretariat of Maritime Affairs 15 December 2003 2- 31 December 2003
3 Council Regulation (EEC) No 613/91 of 4 March 1991 on the transfer of ships from one register to another within the Community Undersecretariat of Maritime Affairs After accession
4 Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues Implementing Regulation on Service for Waste Reception from Vessels Undersecretariat of Maritime Affairs 15 December 2004 2- 31 December 2004
5 Council Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on board passenger ships operating to or from ports of the Member Implementing Regulation on Safety of Passenger Ships Undersecretariat of Maritime Affairs Will be determined during the negotiation process
Table 9.4.1.3.1 (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
6 Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships Undersecretariat of Maritime Affairs Joining the committee with the observer status immediately
Committee membership after accession
7 Decision No 2850/2000/EC of the European Parliament and of the Council of 20 December 2000 setting up a Community framework for cooperation in the field of accidental or deliberate marine pollution Legislation anticipating Community information system in order to improve collaboration between Member States on marine pollution, establishment of a task force and expert exchange Undersecretariat of Maritime Affairs
Ministry of Environment and Forestry After accession
8 Regulation (EC) No 417/2002 of the European Parliament and of the Council of 18 February 2002 on the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers and repealing Council Regulation (EC) No 2978/94 a) Law on implementation of MARPOL

b) Secondary legislation Undersecretariat of Maritime Affairs

b) 15 December 2005 a) 1- 31December 2004
2- 31December 2004
b) 2- 31 December2005
9 Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency Undersecretariat of Maritime Affairs Joining the committee with the observer status immediately
Committee membership after accession
10 Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC Necessary legislation will be prepared and the existing legislation will be amended for the purpose of adoption Undersecretariat of Maritime Affairs 2- 31 December 2005

3- Schedule of Necessary Institutional Changes
Table 9.4.1.3.2

No Necessary Institutional Changes – (Undersecretariat of Maritime Affairs) Period of Implementation
1 Establishment of marine pollution operational coordination centre 2005
2 Attempting to improve cooperation with the European Marine Safety Agency and participate in studies as an observer 2004
3 Establishment of a library containing periodical and non-periodical maritime publications for the benefit of all related parties 2005
4 Activating the information retrieval system which holds all leaving and arriving vessel data and connecting ports at Undersecretariat of Maritime Affairs (Financed by national budget and “Support for the Enhancement of the Safety of Maritime Transport in Turkey Project”) 2004
5 Development of projects for rejuvenation and restructuring of Turkish merchant fleet 2004
6 Activating the International Maritime Forums Coordination Committee for increasing the effectiveness of Turkey in international maritime platforms 2003
7 Establishing emergency response centres for combating against pollution caused by petroleum and other hazardous substances and procurement of appropriate staff and equipment (Partially financed by “Support for the Enhancement of the Safety of Maritime Transport in Turkey Project”) (Financial information of the project is presented in Table 9.4.1.1.3) 2005
8 Project preparation for the improvement of reception facilities 2005
9 Project preparation for the improvement of search and rescue capabilities 2005
10 Establishment of vessel–coast oriented vessel reporting and information system (computer based) 2005
11 Establishment of coastal stations for Automatic Identification System (AIS) 2005
12 Establishment of the institutional structure whereby technical facilities and trained staff will be provided to investigate accidents and incidents 2005
13 Improvement of meteorological information providing services 2005
14 Establishment of technology assisted reporting systems, vessel traffic services (Vessel Traffic System (VTS) and Vessel Traffic Management and Information System (VTMIS)) and suitable vessel route systems at the Turkish ports and seas 2005
15 Project preparation for raising the standards of all navigation aids 2005
4- Financing Requirements and Sources of Financing
Table 9.4.1.3.3 (Euro)

Requirements - (Undersecretariat of Maritime Affairs) Year National Budget EU Resources Other Resources Total
I-Investment
For necessary institutional changes 1,3,8,9,10 2003 - 2004 7,500,000 30,000,000 37,500,000
For necessary institutional changes 7,11,14,15 2005 12,500,000 50,000,000 62,500,000
II- Harmonisation with the EU Legislation and Implementation
Personnel
Training
For necessary institutional changes 1,3,7,12,13
Consultancy
For necessary institutional changes 5,7,11,12,14,15 2003 - 2005 500,000 500,000
Translation 2004 - 2005
Others
Total 2004 - 2005 20,000,000 82,000,000 102,000,000





Main Task 9.4.2 Harmonisation and implementation of international relations legislation of EU on maritime commerce
1- Priority Description
Although international relations and maritime commerce legislation of EU play an important role in the harmonisation of maritime transport services, adoption and implementation of the said legislation are foreseen to be completed after accession as most of the Directives necessitate membership of the EU.
2- Schedule of Necessary Legislative Changes
Table 9.4.2.1

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 73/152/ECSC: Commission Decision of 23 May 1973 obliging undertakings of the steel industry to publish schedules of transport charges for routes involving intra- Community sea links Undersecretariat of Maritime Affairs Will be determined during the negotiation process
2 77/587/EEC: Council Decision of 13 September 1977 setting up a consultation procedure on relations between Member States and third countries in shipping matters and on action relating to such matters in international organizations Undersecretariat of Maritime Affairs Will be determined during the negotiation process
3 78/774/EEC: Council Decision of 19 September 1978 concerning the activities of certain third countries in the field of cargo shipping Undersecretariat of Maritime Affairs Will be determined during the negotiation process
4 Council Regulation (EEC) No 954/79 of 15 May 1979 concerning the ratification by Member States of, or their accession to, the United Nations Convention on a Code of Conduct for Liner Conferences Undersecretariat of Maritime Affairs Will be determined during the negotiation process

Table 9.4.2.1 (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
5 Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries Undersecretariat of Maritime Affairs Will be determined during the negotiation process
6 Council Regulation (EEC) No 4057/86 of 22 December 1986 on unfair pricing practices in maritime transport Undersecretariat of Maritime Affairs Will be determined during the negotiation process
7 Council Regulation (EEC) No 4058/86 of 22 December 1986 concerning coordinated action to safeguard free access to cargoes in ocean trades Undersecretariat of Maritime Affairs Will be determined during the negotiation process
8 Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) Undersecretariat of Maritime Affairs Will be determined during the negotiation process
9 93/125/EEC: Commission Decision of 17 February 1993 on Spain's request for adoption by the Commission of safeguard measures under Article 5 of Regulation (EEC) No 3577/92 against applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) Undersecretariat of Maritime Affairs Will be determined during the negotiation process



Table 9.4.2.1 (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
10 93/396/EEC: Commission Decision of 13 July 1993 on Spain's request for adoption by the Commission of a prolongation of safeguard measures pursuant to Article 5 of Regulation (EEC) No 3577/92 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) Undersecretariat of Maritime Affairs Will be determined during the negotiation process
11 83/573/EEC: Council Decision of 26 October 1983 concerning counter-measures in the field of international merchant shipping Undersecretariat of Maritime Affairs Will be implemented after accession
12 77/527/EEC: Commission Decision of 29 July 1977 establishing the list of maritime shipping lanes for the application of Council Directive 76/135/EEC Undersecretariat of Maritime Affairs Will be implemented after accession
13 Council Regulation (EC) No 718/1999 of 29 March 1999 on a Community-fleet capacity policy to promote inland waterway transport Undersecretariat of Maritime Affairs Will be implemented after accession
14 Council Directive 76/135/EEC of 20 January 1976 on reciprocal recognition of navigability licences for inland waterway vessels Undersecretariat of Maritime Affairs Will be implemented after accession
3- Schedule of Necessary Institutional Changes
Institutional changes are not foreseen at this stage for this priority.
4- Financing Requirements and Sources of Financing
Financing requirements are not foreseen at this stage for this priority.

Annex - 9.1

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
Council Directive 96/96/EC of 20 December 1996 on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers Implementing Regulation on Vehicle Inspection and Opening and Operation of Vehicle Inspection Stations was amended and published in Official Gazette No: 24812, dated 11 July 2002.
Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic Amendment to Road Traffic Regulation was issued in Official Gazette No:25076, dated 11 April 2003.
Council Directive 89/459/EEC of 18 July 1989 on the approximation of the laws of the Member States relating to the tread depth of tyres of certain categories of motor vehicles and their trailers Implementing Regulation on Vehicle Inspection and Opening and Operation of Vehicle Inspection Stations was amended and published in Official Gazette No: 24812, dated 11 July 2002.
Council Directive 1999/36/EC of 29 April 1999 on transportable pressure equipment and related to this Directive, Commission Directive 2001/2/EC of 4 January 2001 adapting to technical progress Council Directive 1999/36/EC on transportable pressure equipment and 2001/107/EC: Commission Decision of 25 January 2001 deferring for certain transportable pressure equipment the date of implementation of Council Directive 1999/36/EC Implementing Regulation on transportable pressure equipment was published in Official Gazette No: 25053, dated 19March 2003 and it will enter into force compulsorily from 1 January 2004.






10- TAXATION

Laws published for alignment with the EU acquis in the field of taxation since the publication of Council Decision of 8 March 2001 on the Accession Partnership with the Republic of Turkey are stated below. Legal approximation measures other than laws (secondary legislation) are listed in Annex 10.1 with the corresponding EU legislation

Indirect Taxes

Value Added Tax (VAT)
Article 5(B) of Law No. 4731 (Official Gazette No.24626, 30 December 2001) provides alignment with article 14(1)(i) of the Sixth Council Directive 77/388/EEC on the VAT exemption of services affiliated with the import of goods in cases when the service costs are included in the taxable amount according to article 11(B))3)(b). Law No.4731 amended article 21(c) of the Value Added Tax Law No.3065 and exempted the supply of services affiliated with the importation of goods from VAT, where the value of such services is included in the taxable amount. Services affiliated with importation are alredy being taxed because they are included in the tax base of goods. By this amendment these kinds of services are not taxed as services so that double taxation is eliminated. Thus, full harmonisation with the provisions of article 14(l)(i) of the Directive 77/388/EEC has been achieved.
Article 5(B) of Law No. 4731 (Official Gazette No.24626, 30 December 2001) provides alignment with Directive 86/560/EEC which was referred to by article 17(3) of the Sixth Council Directive 77/388/EEC on the harmonisation of the laws of the Member States regarding turnover taxes – arrangement for the refund of VAT to taxpayers which are not residents in the Community territory.
Article 23 of Law No.4842 (Official Gazette No.25088, 24 April 2003) amended the VAT Law No.3065 (17)(4)(a), which is regulating some of the other transactions exempted from VAT. With this amendment, deliveries and services performed by traders of which incomes are exempted from Income Tax as well as the taxapayers taxed on a simple procedures basis are exempted from VAT. Owing to this ammendment, compliance with the fundamentals of Article 24 of the Directive 77/388/EEC was achieved.

Excise Duties (Special Consumption Tax)
Excise Duties Law (Law on Special Consumption Tax) No.4760 entered into force by its publication in the Official Gazette No.24783 on 12 June 2002. 16 different burdens on taxpayers, namely taxes and funds shares were eliminated with this Law and replaced by the Excise Duties Law.
The Excise Duties Law provided alignment with the EU acquis in the following way:
- Article 1 of the said Law regulates the taxation of products named in Lists no I, II, III and IV. Products in lists I, III are generally in line with Directives 92/83/EEC, 92/81/EEC, 92/79/EEC, 92/80/EEC and Article 1 and Article 3 of Directive 92/12/EEC with respect to comprised products and structures of products. For example List No II covers products like cars and List 4 covers some durable goods, electronic appliances, guns, jewellery, fur etc. List No I and III cover products like mineral oil, tobacco, cigarettes, alcohol and alcoholic beverages. Additionally, it is regulated in this Article that products are taxed once, as is the case in the EU directives.
- According to Article 2 of the Law, tax arises upon the delivery or importation of the products covered by the Law, as regulated by 92/12/EEC.
- According to Article 4 of the Law, the taxpayer is the producer or importer of the products covered by the Law, as regulated by Directive 92/12/EEC.
- According to Article 6 of the Law, products like tobacco, alcohol and alcoholic beverages and mineral oil in Lists I and III, and delivery of goods to international institutions in the context of diplomatic and consular relations are exempted from tax subject to certain conditions on the basis of reciprocity. This arrangement is in line with 92/12/EEC.
- Article 7(1/b) of the Law regulates the exemptions, in line with the exemption provision of Directive 92/81/EEC (Article 4).
- Article 7(6) of the Law, provides exemption for the products under customs regulation, such as provisional importation, customs warehouse, transit and products in free zone provisional warehouse. This provision is in line with the requirements of Article 5 of Directive 92/12/EEC.
- Article 8 of the Law, authorises the Council of Ministers to postpone the tax until the final consumption of goods in cases like manufactured tobacco, cigarettes, alcohol and alcoholic beverages. Therefore, alignment with the provisions on suspension and tax warehouse implementation of Directive 92/12/EEC will be provided by a Council of Ministers Decision once Turkey becomes a Member State.
- Article 11 of the Law regulates the taxation measures and tax base. According to this article, tax base and tax burden/ratio on cigarettes and tobacco products are in line with Directives 92/79/EEC, 92/80/EEC, 95/59/EC and 2002/10/EC which amends these three Directives. Furthermore, the tax base and tax amount for mineral oil are in line with the provisions of Directive 92/82/EEC.
- Article 12 of the Law determines tax rates and authorises the Council of Ministers to determine taxation measures on an ad volarem basis according to alcoholic degree, place of use, types and characteristics of goods. This authorisation granted to the Council of Ministers provides the opportunity to align with the taxation measures and tax amounts of the EU for alcoholic beverages, tobacco products, cigarettes and mineral oil, including the potential changes to be made by the EU, without further amending existing laws. Alignment with Directives 92/84/EEC and 92/82/EEC will be accomplished when the Council of Ministers uses this authority.
- According to the said Law, inward and outward implementations are identical with respect to tax amounts, tax rates, calculation of tax base, accrual and payment of tax. Therefore, there is no dicriminatory implementation between domestic and imported products.

Direct Taxes
Corporate Income Tax
Article 18 of the “Law Regarding Amendments in Certain Laws and Decree Laws” No.4684 (Official Gazette No.24451, 3 July 2001) dated 20 June 2001, Article 38 of Corporate Income Tax No.5422 regulating split and share exchange and Article 39 of the same Law regulating taxation in the cases of merger and split were amended. Thus harmonisation with Directives 90/434/EEC and 9/7435/EEC has been accomplished.

Indirect Taxes on Raising Capital
Article 18 of “Law Regarding Amendments in Certain Laws and Decree Laws” No.4684 provided exemption from fees and fiscal Stamp Tax on the transactions of the liquidation, merger, split, acquisition and share exchange of the companies and the transformation of an individual enterprise to a limited liability company, and exemption from Fiscal Stamp Tax of papers related to capital increase of joint stock companies, limited partnerships by shares and limited liability companies. There is no practice of indirect taxation in Turkish Tax Legislation except for the abovementioned taxes and fees charged on the raising of capital in companies, which is defined in Directive 69/335/EEC. Therefore, Turkish legislation is in line with the basic principles of Directive 69/309/EEC.

I - PRIORITY LIST

PRIORITY 10.1 Harmonisation with EU Legislation in the field of Indirect Taxation
Main Task 10.1.1 Harmonisation with EU Legislation in the field of VAT
Task 10.1.1.1 Tax structure
Task 10.1.1.2 Rates
Task 10.1.1.3 Exemptions
Main Task 10.1.2 Excise Duties
PRIORITY 10.2 Harmonisation with the EU Legislation in the field of Direct Taxation
Main Task 10. 2.1 Corporate Income Tax
Main Task 10. 2.2 Indirect Taxes on raising capital
PRIORITY 10.3 Mutual Assistance

II- MEASURES FOR HARMONISATION WITH EU LEGISLATION AND IMPLEMENTATION

PRIORITY 10.1 Harmonisation with EU Legislation in the field of indirect taxation

Main Task 10.1.1 Value Added Tax(VAT)

1- Priority Description
The harmonisation of the Turkish VAT Legislation with that of the EU is amongst the priorities for Turkey, as envisaged in the Council Decision of 19 May 2003 on the Accession Partnership with the Republic of Turkey.





2- Schedule of Necessary Legislative Changes
Table 10.1.1.1

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
Task 10.1.1.1 Tax Structure
The harmonisation with special systems which exist in part XIV. of the 6th Council Directive 77/388/EEC and arrangments regarding the transitional VAT Regime that exist in Part XVI 1 (a) will be realised within the time frames indicated in the Table.
1 Article 26 of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment Amendment to VAT Law No 3065 Ministry of Finance Will be determined during the negotiation rocess
Council Directive 94/5/EEC of 14 February 1994 supplementing the common system of value added tax and amending Directive 77/388/EEC, special arrangements applicable to second-hand goods, works of art, collectors' items and antiques
Article 26(a) of the Council Directive 77/388/EEC
Council Directive 91/680/EEC of 16 December 1991 supplementing the common system of value added tax and amending Directive 77/388/EEC with a view to the abolition of fiscal frontiers
Title XVI Article 28 paragraph a, b, c, d, e, k, l, m, n, o, of the Council Directive 77/388/EEC
Council Directive 92/111/EEC of 14 December 1992 amending Directive 77/388/EEC and introducing simplification measures with regard to value added tax Amendment to VAT Law No 3065 Ministry of Finance Upon accession
Table 10.1.1.1 (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
Council Directive 95/7/EC of 10 April 1995 amending Directive 77/388/EEC and introducing new simplification measures with regard to value added tax - scope of certain exemptions and practical arrangements for implementing them Amendment to VAT Law No 3065 Ministry of Finance Upon accession
4 Council Directive 98/80/EC of 12 October 1998 supplementing the common system of value added tax and amending Directive 77/388/EEC - Special scheme for investment gold Amendment to VAT Law No 3065 Ministry of Finance Will be determined during the negotiation process
Task 10.1.1.2 Rates
Harmonisation with Directives 92/77/EEC, 96/95/EC, 99/49/EC, 2001/44/EC and 12/3 Article of Directive 77/388/EEC is targeted.
“Products like milk, yoghurt, yoghurt juice (ayran) etc.and their aromatic and flavoured types”
Article 1, paragraph 1 of Annex H of the Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)

Article 12/3 of the Sixth Council Directive 77/388/EEC




Table 10.1.1.1 (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
Pharmaceutical products of a kind normally used for health care, prevention of diseases and treatment for medical and veterinary purposes, including products used for contraception and sanitary protection
Article 1, paragraph 3 of Annex H of the Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC
Provision of medical and dental care as well as thermal treatment in so far as these services are not exempt under Article 13
Article 1, paragraph 16 of Annex H Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC
Poultry and fishes with meats thereof Article 1, paragraph 1 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC

Table 10.1.1.1 (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
Cat and dog foods
Article 1, paragraph 1 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC
Water supplies
Article 1, paragraph 2 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC
Admissions to shows, theatres, circuses, fairs, amusement parks, concerts, museums, zoos, cinemas, exhibitions and similar cultural activities and reception of broadcasting services
Article 1, paragraph 7 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC


Table 10.1.1.1 (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
Supply, construction, renovation and alteration of housing provided as part of a social policy
Article 1, Paragraph 9 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC
Dried fig, dried grape walnut, pistachio, pine nut, ground nut, sunflower seed, pumkin seed, roasted chickpeas, chestnut
Article 1, paragraph 1 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC








Table 10.1.1.1 (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
Liquorice root, liquorice sap, liquorice extract, bay leaf, samak leaf, thyme, sage, oakgall, valonia, mahalleb, polostick, cunin, sesami, anise, poppy seed, hemp seed, fennel seed, broom seed and fibres and, capers, canola, tragacanth, locust beans, locust bean seed, wild apricot stone, coriender, bitter almonds, flap mushrooms, sugar beet, seedling
Article 1, paragraph 1 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC
Wheat, rye, barley, oats, maize-corn, millet, rice in the husk, soya, dry beans, dry coloured bean, dry broad beans, chickpeas-garbonzes, lentils, animals like cattle and sheep or goats (including bees) and meats and guts thereof (products made by using additives consisting of these)
Article 1, Paragraph 1 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC



Table 10.1.1.1 (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
Olive oil, potatoes, dry onions and garlic
Article 1, paragraph 1 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC
Accommodation provided by hotels and similar establishments including the provision of holiday accommodation, camping sites and caravan parks
Article 1, paragraph 11 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC
Admission to sporting events
Article 1, paragraph 12 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC


Table 10.1.1.1 (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
Use of sporting facilities
Article 1, paragraph 13 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC
Flour of wheat, breads and phyllo dough
Article 1, paragraph 1 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC
Fresh fruit and vegetables deliveries to VAT taxpayers
Article 1, paragraph 1 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC




Table 10.1.1.1 (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
Medical equipment, aids and other appliances normally intended to alleviate or treat disability, for the exclusive personal use of the disabled, including the repair of such goods
Article 1, paragraph 4 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC
Transport of passengers
Artilce 1, paragraph 5 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC
Newspapers and periodicals
Article 1, paragraph 6 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC


Table 10.1.1.1 (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
Services supplied by or royalties due to writers, composers and performing artists
Article 1, paragraph 8 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)

Article 12/3 of the Sixth Council Directive 77/388/EEC
Supplies of goods and services of a kind normally intended for use in agricultural production but excluding capital goods such as machinery or buildings
Article 1, paragraph 10 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)

Article 12/3 of the Sixth Council Directive 77/388/EEC
Services supplied by undertakers and cremation services, together with the supply of goods related thereto
Article 1, paragraph 15 of Annex H of Council Directive 92/77/EEC of 19 October 1992 supplementing the common system of value added tax and amending Directive 77/388/EEC (approximation of VAT rates)
Article 12/3 of the Sixth Council Directive 77/388/EEC

Table 10.1.1.1 (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
28 Raw and fiber cotton, cotton linters, cotton yarn waste, natural or tops wool, anbleached (angora, mohair) and greasy.
Article 12/3-a of the Sixth Council Directive amended by article 1 of 92/77/EEC, article 4 of 92/111, article 1 of 99/49 and 96/95/EC Council of Ministers Decision Ministry of Finance Will be determined during the negotiation process
Task 10.1.1.3 Exemptions
Harmonisation with the provisions of the Council Directive 77/388/EEC regarding the exemptions is tragetted.
29 Supply of services and of goods closely linked to welfare and social security work, including those supplied by old people's homes, by bodies governed by public law
Article 13 (A)(1)(g) of Sixth Council Directive 77/388/EEC Amendment on VAT Law No. 3065 Ministry of Finance 2004, II. Quarter 1- 2004, II. Quarter
2- 2004, II. Quarter
30 Betting, lotteries and other forms of gambling, subject to conditions and limitations laid down by each Member State
Article 13 (B)(f) of Sixth Council Directive 77/388/EEC Amendment on VAT Law No. 3065 Ministry of Finance Will be determined during the negotiation process

3- Schedule of Necessary Institutional Changes
The draft project aiming the modernisation of the tax system, which could not be finalised for the 2003 Pre-accession Financial Assistance Programme is envisaged to be finalised and submitted in 2004. The requirements in the context of this project are as follows:


Table 10.1.1.2

No Necessary Institutional Changes (Ministry of Finance) Period of Implementation
1 Training 2005
2 Consultancy 2005
3 Provision of equipment for strengthening of institutional capacity 2005
4- Financing Requirements and Sources of Financing
The financial requirements will be further determined according to the results of the aforementioned project.

Main Task 10.1.2 Excise Duties

1- Priority Description
The harmonisation of the Turkish Excise Duties Law with that of the EU is targeted in terms of tax ratios and compulsary exemptions as these issues have been mentioned as priority areas in the Council Decision of 19 May 2003 on the Accession Partnership Document.
2- Schedule of Necessary Legislative Changes
Table 10.1.2.1

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 92/83/EEC of 19 October 1992 on the harmonization of the structures of excise duties on alcohol and alcoholic beverages Amendment on the Excise Duties Law No.4760 Ministry of Finance Will be determined during the negotiation process
2 Council Directive 92/84/EEC of 19 October 1992 on the approximation of the rates of excise duty on alcohol and alcoholic beverages Ministry of Finance 2005, IV. Quarter

Table 10.1.2.1 (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
Commission Regulation (EC) No 2546/95 of 30 October 1995 on the mutual recognition of procedures for the complete denaturing of alcohol for the purposes of exemption from excise duty Ministry of Finance 2005, IV. Quarter
Commission Regulation (EC) No 2559/98 of 27 November 1998 amending Regulation (EC) No 3199/93 on the mutual recognition of procedures for the complete denaturing of alcohol for the purposes of exemption from excise duty Ministry of Finance 2005, IV. Quarter
Commission Regulation (EC) No 3199/93 of 22 November 1993 on the mutual recognition of procedures for the complete denaturing of alcohol for the purposes of exemption from excise duty Ministry of Finance 2005, IV. Quarter
Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products (harmonisation with articles 4, 11, 12, 13 15, 15(a), 16, 18, 19, 20, 21, 26 ve 26 (a) will be achieved) Ministry of Finance Upon accession
Council Directive 92/108/EEC of 14 December 1992 amending Directive 92/12/EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products and amending Directive 92/81/EEC Ministry of Finance Upon accession


Table 10.1.2.1 (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)
Council Directive 94/74/EC of 22 December 1994 amending Directive 92/12/EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products, Directive 92/81/EEC on the harmonization of the structures of excise duties on mineral oils and Directive 92/82/EEC on the approximation of the rates of excise duties on mineral oils (harmonisation with arcticles 1/2, 3, 4, 5, 6) will be achieved Ministry of Finance Upon accession
Commission Regulation (EC) No 31/96 of 10 January 1996 on the excise duty exemption certificate Upon accession
Commission Regulation (EEC) No 2225/93 of 27 July 1993 amending Regulation (EEC) No 2719/92 on the accompanying administrative document for the movement under duty- suspension arrangements of products subject to excise duty Ministry of Finance Upon accession
Commission Regulation (EEC) No 3649/92 of 17 December 1992 on a simplified accompanying document for the intra-Community movement of products subject to excise duty which have been released for consumption in the Member State of dispatch Ministry of Finance Upon accession
Commission Regulation (EEC) No 2719/92 of 11 September 1992 on the accompanying administrative document for the movement under duty-suspension arrangements of products subject to excise duty Ministry of Finance Upon accession
5 Article 8 of Council Directive 92/81/EEC of 19 October 1992 on the harmonisation of the structures of excise duties on mineral oils Amendment on the Excise Duties Law No.4760 Ministry of Finance Will be determined during the negotiation process
3- Schedule of Necessary Institutional Changes
The draft project aiming the modernisation of the tax system, which could not be finalised for 2003 Pre-accession Financial Assistance Programme, is envisaged to be finalised and submitted in 2004. Provision of technical assistance (training and consultancy) is envisaged in this project for the harmonisation of legislation.
Table 10.1.2.2

No Necessary Institutional Changes (Ministry of Finance) Period of Implementation
1 Training and consultancy in the context of the project for the preparation of legislation in the field of taxation of the alcoholic beverages according to their degree of alcohol 2005
2 Training and consultancy regarding the implementation of the regulations related with the tax warehouse system and tax postponement 2005
4- Financing Requirements and Sources of Financing
The financial requirements will be further determined in details according to the results of the Modernisation of the Tax System Project.

PRIORITY 10.2 Harmonisation with the EU Legislation in the field of direct taxation

Main Task 10.2.1 Corporate Income Tax
1- Priority Description
The Turkish legislation is in harmony with that of the EU to a great extent in the field of corporate income tax. The time schedule for full harmonisation in this field will be determined in the negotiation process. The scope for those who will benefit from the said Law will be reevaluated in the full harmonisation phase.
2- Schedule of Necessary Legislative Changes
Table 10.2.1.1

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 Council Directive 90/434/EEC of 23 July 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States Amendment on the Corporate Income Tax Law No.5422 Ministry of Finance Will be determined during the negotiation process
Table 10.2.1.1 (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
2 Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different member states. Amendment on the Corporate Income Tax Law No.5422 Ministry of Finance Will be determined during the negotiation process
3- Schedule of Necessary Institutional Changes
Institutional changes are not foreseen at this stage for this priority.
4- Financing Requirements and Sources of Financing
Financing requirements are not foreseen at this stage for this priority.

Main Task 10.2.2 2 Indirect taxes on the raising of capital
1- Priority Description
The Turkish legislation is in harmony with that of the EU to a great extent in the field of indirect taxes charged on the raising of capital. The time schedule for full harmonisation in this field will be determined in the negotiation process.
2- Schedule of Necessary Legislative Changes
Table 10.2.2.1

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 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital Ministry of Finance Will be determined during the negotiation process
3- Schedule of Necessary Institutional Changes
Institutional changes are not foreseen at this stage for this priority.
4- Financing Requirements and Sources of Financing
Financing requirements are not foreseen at this stage for this priority.

PRIORITY 10.3 Mutual Assistance
1- Priority Description
The Directives 76/308/EEC, 77/794/EEC, 77/799/EEC, 218/92/EEC on the mutual assistance for the recovery of claims and institutional cooperation, are targeted to be implemented upon accession.
2- Schedule of Necessary Legislative Changes
Table 10.3.1

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
Council Directive 76/308/EEC of 15 March 1976 on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of the agricultural levies and customs duties Ministry of Finance Upon accession
79/1071/EEC of 6 December 1979 amending Directive 76/308/EEC on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing of the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties Ministry of Finance Upon accession
Council Directive 92/108/EEC of 14 December 1992 amending Directive 92/12/EEC on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products and amending Directive 92/81/EEC Ministry of Finance Upon accession
Table 10.3.1 (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
Commission Directive No 77/794/EEC of 4 November 1977 laying down detailed rules for implementing certain provisions of Directive 76/308/EEC on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties Ministry of Finance Upon accession
Commission Directive No 85/479/EEC of 14 October 1985 amending Directive 77/794/EEC laying down detailed rules for implementing certain provisions of Directive 76/308/EEC on mutual assistance for the recovery of claims resulting from operations forming part of the system of financing the European Agricultural Guidance and Guarantee Fund, and of agricultural levies and customs duties Ministry of Finance Upon accession
Directive No 77/799/EEC of 19 November 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct and indirect taxation Ministry of Finance Upon accession
Council Directive No 79/1070/EEC of 6 December 1979 amending Directive 77/799/EEC concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation Ministry of Finance Upon accession
Council Regulation (EEC) No 218/92 of 27 January 1992 on administrative cooperation in the field of indirect taxation (VAT) Ministry of Finance Upon accession

3- Schedule of Necessary Institutional Changes
Table 10.3.2

No Necessary Institutional Changes Period of Implementation
1 Establishment of a central contact point which will be responsible for contacting Member States in the field of administrative cooperation in VAT and realisation of the necessary work for the designation of the competent aouthority Will be determined during the negotiation process
2 Establishment of the computer system which the mutual assistance and administrative cooperation requires Will be determined during the negotiation process
4- Financing Requirements and Sources of Financing
The draft project aiming the modernisation of the tax system, which could not be finalised for the 2003 Pre-Accession Financial Assistance Programme, is envisaged to be finalised and submitted in 2004. Detailed investment requirements and the financial resources for these investments will be determined according to the results of this project.
















Annex 10.1

Secondary legislation promulgated afted the publication of the Council Decision of 8 March 2001 on Accession Partnership with the Republic of Turkey


Title and Number of EU Legislation Corresponding Turkish Legislation Responsible Institution Date and Number of the Official Gazette
Council Directives 92/79/EEC and 92/80/EEC of 19October 1992 and 95/59/EEC of 27November 1995 Council of Ministers Decree No. 2003/5141 (Rate of Excise Duty to be put on cigarettes and (except for cigarettes), other tobacco goods is increased to 70.55 % of retail selling price with this Decree). Ministry of Finance 08.01.2003, No. 24987 (Bis)
Article 12 (3) (a) of the Sixth Council Directive 77/388/EEC Council of Ministers’s Decree No. 2002/4480 (In order to simplify VAT rates and establish a three-level system, VAT rates of 26% and 40% are abolished with this Decree to be valid after 1 August 2002) Ministry of Finance 30.07.2002, No. 24831
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