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19- TELECOMMUNICATIONS AND INFORMATION TECHNOLOGY

Necessary studies regarding legislative and infrastructural arrangements are being conducted with all the relevant institutions and the private sector in order to improve the electronic communications sector in Turkey. As the state monopoly on infrastructure that constitutes the backbone of electronic communications will cease to exist on 31 December 2003 at the latest, the administrative measures that are to be published will contribute to the development of the sector.
A new initiative has been taken in order to accelerate the transition of Turkey to an information society and to draw up information technology policies. To this end, an e-Turkey project was emphasized within the Immediate Action Plan of the 58th Government. In order to monitor and supervise the e-Turkey project, an advisory council consisting of high-level representatives of relevant institutions and non-governmental organizations has been established.
Rapid development is being experienced in Turkey in the field of telecommunications. The number of fixed telephone subscriptions was 18,395,171 for the year 2000, 18,904,486 for 2001 and 18,914,857 for 2002. The penetration rate for fixed networks is approximately 28 %. The number of mobile telephone subscriptions was 14.9 million for the year 2000, 18.2 million for 2001, and 23.3 million for 2002. The penetration rate for mobile telephone subscriptions is approximately 34 %. The number of Internet users in Turkey was 3.5 million for the year 2001, and 4.3 million for 2002. The length of fibre optic cable was 58,770 km in 1999, 77,340 km for 2001, and 81,304 for the year 2002.
Law No. 4502 Amending Certain Articles of the Telegram and Telephone Law, Law on the Organization and Responsibilities of the Ministry of Transport, the Wireless Law, the Law on Savings and Assistance Fund of the Post, Telegraphs and Telephone Administration, and the Organizational Charts attached to the Decree with the Force of Law on the General Cadres and Procedures, constitutes a milestone in the liberalization initiative in the telecommunications sector. With this Law it is intended to separate policy making, the authority to make administrative arrangements, and operational function from each other, and to pave the way for the implementation of the above mentioned functions according to the principles that are in compliance with the characteristics of that function. Moreover, the Law initiated the establishment of the Telecommunications Authority for regulating the telecommunications market by issuing and implementing secondary legislation. It also enabled the fulfilment of operational functions by commercial institutions within the context of economic principles intended to liberalize the telecommunications market. The Law stipulates that the monopoly on telecommunication networks, including national and international voice telephony, will cease to exist on 31December 2003. The Telecommunication Authority, which is an independent budgetary entity having public legal status and administrative and financial autonomy, is established in order to implement the powers and responsibilities set out by the Laws, and sectoral actors have to have an authorisation agreement in order to operate in the sector.
Law No. 4673 Amending the Telephone and Telegram Law, the Law on the Savings and Assistance Fund of the Post, Telephone and Telegram Administration, the Law on the Organization and Duties of the Ministry of Transport, stipulates that the Telecommunications Authority, rather than the Ministry of Transport, will be entitled to issue general authorisations or telecommunication licenses, to conclude authorisation agreements or concession agreements and all regulations regarding these issues, and sundry other duties. Additionally, it stipulates that when the public share in Türk Telekom falls below 50 %, the monopoly rights of Türk Telekom shall be abolished even if this occurs before 31 December 2003.
In order to improve competition, the process of authorisation of enterprises by the Telecommunications Authority has been initiated. Progress is as follows: 1 authorisation agreement (Türk Telekom), 1 GSM authorisation agreement (Aycell), 3 GSM concession agreements, 2 Agreements on providing satellite platform operations, 5 Agreements on providing GMPCS mobile telephony services, 19 Agreements on providing satellite telecommunications services, 84 Agreements on providing internet services.
The harmonisation process regarding Commission Directive 94/46/EC of 13 October 1994 amending Directive 88/301/EEC and Directive 90/388/EEC in particular with regard to satellite communications, and Commission Directive 96/2/EC of 16 January 1996 amending Directive 90/388/EEC with regard to mobile and personal communications will be completed by 31 December 2003 at the latest, in accordance with Law No. 4673.
In line with Commission Directive 88/301/EEC of 16 May 1988 on competition in the markets in telecommunications terminal equipment, there is no national legislation in contradiction with the legal obligation to remove monopoly and exclusive rights regarding the import and marketing of telecommunications terminal equipment. An effective competition environment has been ensured within the telecommunications terminal equipment market.
Law No. 4673 has ensured harmonisation to a great extent with Commission Directive 96/19/EC of 13 March 1996 amending Directive 90/388/EEC with regard to the implementation of full competition in telecommunications markets. Other legislative studies regarding harmonisation with this Directive are in the Table19.1.1.Article 4 of Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services was considered within the context of Law No. 3984 on the Establishment of Radio and Television Enterprises and Their Broadcasts, and the alignment with the related article was achieved. Other legislative studies regarding the harmonisation with this Directive are in the Table 19.1.1..
Article 5 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) on the usage of radio frequency for the providers of radio and television programmes is similar to Commission Directive 2002/77/EC of 16 September 2002 on competition in markets for electronic communications networks and services. Therefore, Law No. 3984 is in line with this article. Other legislative studies regarding harmonisation with this Directive are in the Table 19.1.1.
Legislative measures adopted towards the harmonisation with the EU Acquis are given in Annex 19.1.

I- PRIORITY LIST

PRIORITY 19.1 Alignment of legislation in the field of telecommunications
PRIORITY 19.2 Preparation of markets for full liberalisation
PRIORITY 19.3 Alignment with the acquis on postal services
PRIORITY 19.4 Establishment of the infrastructure for information technology

II- MEASURES FOR HARMONISATION WITH THE EU LEGISLATION AND IMPLEMENTATION

PRIORITY 19.1 Alignment of legislation in the field of telecommunications
1- Priority Description
The Council Decision of 19 May 2003 on the Accession Partnership with the Republic of Turkey foresees the effective implementation of leased lines, data protection in electronic communications, interconnection and universal service, carrier selection and number portability, issuing tariffing and licensing legislation, preparation of a schedule for the transposition of the new acquis issued in 2002, and strengthening the capacity building and the enforcement powers of the regulatory authority


2- Schedule of Necessary Legislative Changes
Table 19.1.1

No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Board / Minister / Council of Ministers Proposed Date of
1-Adoption by the Parliament
2- Entry into Force
1 Council Directive 90/387/EEC of 28 June 1990 on the establishment of the internal market for telecommunications services through the implementation of open network provision Implementing Regulation on Quality of Service Telecommunications Authority 30.11.2004 2- 31.12.2004
2 91/396/EEC: Council Decision of 29 July 1991 on the introduction of a single European emergency call number Law on Operation of Single Emergency Call Number Ministry of the Interior 2004, IV. Quarter 1- 2004, IV. Quarter
2- 2004, IV. Quarter
3 Council Directive 92/44/EEC of 5 June 1992 on the application of open network provision to leased lines Implementing Regulation on Quality of Service Telecommunications Authority 30.11.2004 2- 31.12.2004
4 Commission Directive 95/51/EC of 18 October 1995 amending Directive 90/388/EEC with regard to the abolition of the restrictions on the use of cable television networks for the provision of already liberalized telecommunications services Annex to the Implementing Regulation on Telecommunications Services Telecommunications Authority 30.11.2003 2- 30.06.2004
New Telecommunications Law Ministry of Transport 31.12.2003 1-2004, I. Quarter
2- 2004, I. Quarter
Implementing Regulation regarding Rights of Way Telecommunications Authority 30.11.2003 2- 30.06.2004



Table 19.1.1 (Continued)

No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Board / Minister / Council of Ministers Proposed Date of
1-Adoption by the Parliament
2- Entry into Force
New Telecommunications Law Ministry of Transport 31.12.2003 1-2004, I. Quarter
2-2004, I. Quarter
Amendment to Implementing Regulation on Telecommunications Services regarding process of general authorisation registry (the re-arrangement of this Implementing Regulation as “Implementing Regulation on Authorisation” is planned) Telecommunications Authority 31.08.2003 2- 31.12.2003
Amendment to Implementing Regulation on Telecommunications Services regarding authorisation periods Telecommunications Authority 31.08.2003 2-31.12.2003
Amendment to Implementing Regulation on Telecommunications Services regarding Individual and General Authorisations Telecommunications Authority 31.08.2003 2-31.12.2003
New Telecommunications Law Ministry of Transport 31.12.2003 1-2004, I. Quarter
2-2004, I. Quarter
Decision of Board Regarding Scope and Principles of Accounting Separation and Cost Accounting Telecommunications Authority 31.12.2003 2- 30.06.2004
Communiqué regarding the co-location and facility sharing Telecommunications Authority 30.11.2003 2- 30.11.2003
Implementing Regulation on Numbering and National Numbering Plan as Annex to Implementing regulation Telecommunications Authority 30.11.2003 2- 30.06.2004
Table 19.1.1 (Continued)

No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Board / Minister / Council of Ministers Proposed Date of
1-Adoption by the Parliament
2- Entry into Force
8 Directive 97/51/EC of the European Parliament and of the Council of 6 October 1997 amending Council Directives 90/387/EEC and 92/44/EEC for the purpose of adaptation to a competitive environment in telecommunications New Telecommunications Law Ministry of Transport 31.12.2003 1-2004, I. Quarter
2-2004, I. Quarter
9 Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector Implementing Regulation on Protection of Personal Data and Privacy in the telecommunications sector Telecommunications Authority 30.11.2003 2- 31.12.2003
10 Decision No 710/97/EC of the European Parliament and of the Council of 24 March 1997 on a coordinated authorisation approach in the field of satellite personal-communication services in the Community Amendment to Implementing Regulation on Telecommunications Services regarding periods of authorisation by application date Telecommunications Authority 31.08.2003 2- 31.12.2003
11 Decision No 1336/97/EC of the European Parliament and of the Council of 17 June 1997 on a series of guidelines for trans-European telecommunications networks New Telecommunications Law Ministry of Transport 31.12.2003 1-2004, I. Quarter
2-2004, I. Quarter
12 Directive 98/10/EC of the European Parliament and of the Council of 26 February 1998 on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment New Telecommunications Law Ministry of Transport 31.12.2003 1-2004, I. Quarter
2-2004, I. Quarter
13 Directive 98/61/EC of the European Parliament and of the Council of 24 September 1998 amending Directive 97/33/EC with regard to operator number portability and carrier pre-selection New Telecommunications Law Ministry of Transport 31.12.2003 1-2004, I. Quarter
2-2004, I. Quarter
Table 19.1.1 (Continued)

No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Board / Minister / Council of Ministers Proposed Date of
1-Adoption by the Parliament
2- Entry into Force
14 98/80/EC: Commission Decision of 7 January 1998 on amendment of Annex II to Council Directive 92/44/EEC Necessary Arrangements regarding the provision of conformity to technical standards adopted by ETSI on leased lines Telecommunications Authority 31.12.2004 2- 31.12.2004
15 Commission Directive 1999/64/EC of 23 June 1999 amending Directive 90/388/EEC in order to ensure that telecommunications networks and cable TV networks owned by a single operator are separate legal entities New Telecommunications Law Ministry of Transport 31.12.2003 1-2004, I. Quarter
2-2004, I. Quarter
Release of UMTS frequency band Telecommunications Authority 31.12.2004 2- 31.12.2004
New Telecommunications Law Ministry of Transport 31.12.2003 1-2004, I. Quarter
2-2004, I. Quarter
Implementing Regulation regarding the Rights of Way Telecommunications Authority 30.11.2003 2- 30.06.2004
17 Regulation (EC) No 2887/2000 of the European Parliament and of the Council of 18 December 2000 on unbundled access to the local loop Communiqué regarding the Unbundling of Local Loop Telecommunications Authority 31.12.2003 2- 31.12.2003
18 2001/22/EC: Commission Decision of 22 December 2000 on amendment of Annex III to Directive 98/10/EC of the European Parliament and of the Council of 26 February 1998 on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment Implementing Regulation on Quality of Service Telecommunications Authority 30.11.2004 2- 31.12.2004

Table 19.1.1 (Continued)

No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Board / Minister / Council of Ministers Proposed Date of
1-Adoption by the Parliament
2- Entry into Force
Decision of Board Regarding Scope And Principles of Accounting Separation and Cost Accounting Telecommunications Authority 31.12.2003 2- 30.06.2004
Amendment to Law No. 3984 regarding Digital TV and Radio Broadcasting Supreme Council of Radio and Television 31.12.2003 2- 31.12.2003
Amendment to Implementing Regulation on Licensing and Permission of Satellite Broadcasting Supreme Council of Radio and Television 30.06.2004 2- 30.06.2004
New Telecommunications Law Ministry of Transport 31.12.2003 1-2004, I. Quarter
2-2004, I. Quarter
Amendment to Implementing Regulation on Telecommunications Services regarding Conditions of Authorisations Telecommunications Authority 31.08.2003 2- 31.12.2003
Implementing Regulation regarding the Rights of Way Telecommunications Authority 30.11.2003 2- 30.06.2004
21 Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) a)




Table 19.1.1 (Continued)

No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Board / Minister / Council of Ministers Proposed Date of
1-Adoption by the Parliament
2- Entry into Force
New Telecommunications Law Ministry of Transport 31.12.2003 1-2004, I. Quarter
2-2004, I. Quarter
Implementing Regulation on Consumer Rights Telecommunications Authority 30.11.2003 2-30.11.2003
Amendment to Implementing Regulation on Licensing and Permission of Satellite Broadcasting regarding the “must carry” obligation in order for public broadcasting to take place on digital platform free of charge Supreme Council of Radio and Television 30.06.2004 2- 30.06.2004
23 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) Implementing Regulation on Protection of Personal Data and Privacy in the telecommunications sector Telecommunications Authority 30.11.2003 2- 31.12.2003
24 Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services New Telecommunications Law Ministry of Transport 31.12.2003 1-2004, I. Quarter
2-2004, I. Quarter
New Telecommunications Law Ministry of Transport 31.12.2003 1-2004, I. Quarter
2-2004, I. Quarter
Implementing Regulation regarding the Rights of Way Telecommunications Authority 30.11.2003 2- 30.06.2004
a) The harmonisation process regarding this Directive will be achieved when the harmonisation of national legislation with the New Regulatory Framework (2002/19/EC, 2002/20/EC, 2002/22/EC, 2002/58/EC, 2002/77/EC 676/2002/EC) is completed.

The evaluation of market surveillance, notified bodies, standards, and corresponding tables of institutional and financing requirements regarding Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity is given in Chapter 1- Free Movement of Goods.
The evaluation of Directive 95/47/EC of the European Parliament and of the Council of 24 October 1995 on the use of standards for the transmission of television signals is given in Chapter 20 - Culture and Audiovisual Policy.
3- Schedule of Necessary Institutional Changes
Table 19.1.2

No Necessary Institutional Changes (Telecommunications Authority) Period of Implementation
Strengthening of the Telecommunications Authority with regard to implementing power and capacity building
1 Strengthening of the legislative capacity
a- Assistance to the staff in the field of legislation preparation, review and related amendments and effective implementation activities
b- Seminars on tariff regulation, access and interconnection, reference interconnection offer, roaming, authorisation and numbering, competition (significant market power, dominant position) protection of data, universal services, spectrum management, spectrum monitoring, technical standards 2003-2005
2 Strengthening of the administrative capacity
a- Technical assistance on institutional building, human resource management and strengthening of technical procedures/implementation
b- Strengthening of technical capacity on spectrum monitoring and supervision
c- Training seminars on member state practices regarding information technology, spectrum management, spectrum monitoring, arbitration, cost accounting and accounting separation, leased lines, unbundling of local loop 2003-2005

Table 19.1.3

No Necessary Institutional Changes (Ministry of Interior) Period of Implementation
1 Strengthening the capacity building and implementing power of Ministry of the Interior with regard to single emergency call number 2003-2004
2 Establishment of legal structure of single emergency call number 2003-2004

Table 19.1.3 (Continued)

No Necessary Institutional Changes (Ministry of Interior) Period of Implementation
3 Establishment of institutional structure of single emergency call number 2003-2004
4 Assistance to the body that will implement and strengthen the single emergency call number in the fields of legislation preparation, review and change, effective implementation activities 2003-2004
5 Strengthening the administrative capacity and establishment of the emergency call centre (112) 2004

4- Financing Requirements and Sources of Financing
Table 19.1.4 (Euro)

Requirements– (Telecommunications Authority) Year National Budget EU Resources Other Resources Total
I- Investment (2 Spectrum Analyser) 2003-2004 40,000 120,000 160,000
II- Harmonisation with the EU Legislation and Implementation
Personnel
Training (TAIEX) 2003-2005 80,000 80,000
Consultancy 2003-2006 2,340,000a) - 2,340,000
Translation 2003-2006 50,000 - 50,000
Other -
Total 40,000 2,590,000 2,630,000
a) 2,140,000 Euro will be covered by the Twinning Project “Institutional Building in the Telecommunications Authority” TR02-TE-01

Table 19.1.5 (Euro)

Requirements– (Ministry of Interior) Year National Budget EU Resources Other Resourcesa) Total
I- Investment 2004 250,000 20,000 270,000
II- Harmonisation with the EU Legislation and Implementation
Training
-2 Study visit for 15 people to the EU Member States
-3 Training in Turkey (100 people) 2003 - 2004 20,000 30,000 50,000
Consultancy
(2 foreign experts and 2 seminars) 2004 20,000 20,000
Other
Public information activities (brochure, web site, TV, ..) 2004 10,000 100,000 110,000
Total 280,000 170,000 450,000
a) For the single emergency call number project, it is hoped to benefit from the MATRA Programme implemented by the Government of Netherlands.

PRIORITY 19.2 Preparation of markets for full liberalization
1- Priority Description
Preparation for full liberalization of the markets is a medium term priority within the Council Decision of 19 May 2003 on Accession Partnership with the Republic of Turkey.
According to the article 2/c of the Telegram and Telephone Law No. 406 the monopoly on telecommunication networks including voice telephony and infrastructure will cease to exist on 31 December 2003. Law No. 4673 amending Law No. 406 stipulates that when the public share in Türk Telekom falls below 50 %, the entire monopoly rights of Türk Telekom shall be abolished even if this occurs before 31 December 2003. A schedule considering this new situation has been prepared in order to prepare for liberalization of markets.
2- Schedule of Necessary Legislative Changes
In addition to the necessary legislative changes specified in Table 19.1.1 the following legislative changes will be made in order to liberalize the telecommunications sector.
Table 19.2.1

No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Board / Minister / Council of Ministers Proposed Date of
1-Adoption by the Parliament
2- Entry into Force
1 Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on interconnection in Telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP) Communiqué regarding the co-location and facility sharing Telecommunications Authority 30.11.2003 2- 30.11.2003
2 Commission Directive 96/19/EC of 13 March 1996 amending Directive 90/388/EEC with regard to the implementation of full competition in telecommunications markets
Decision No 128/1999/EC of the European Parliament and of the Council of 14 December 1998 on the coordinated introduction of a third-generation mobile and wireless communications system (UMTS) in the Community
Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)
Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision) Implementing Regulation on the Rights of Way Telecommunications Authority 30.11.2003 30.06.2004
3 Regulation (EC) No 2887/2000 of the European Parliament and of the Council of 18 December 2000 on unbundled access to the local loop Communiqué regarding the Unbundling of Local Loop Telecommunications Authority 31.12.2003 31.12.2003
4 Council Directive 92/44/EEC of 5 June 1992 on the application of open network provision to leased lines
Directive 98/10/EC of the European Parliament and of the Council of 26 February 1998 on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment
Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)
Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) Implementing Regulation on Consumer Rights Telecommunications Authority 30.11.2003 30.11.2003
Table 19.2.1 (Continued)

No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Board / Minister / Council of Ministers Proposed Date of
1-Adoption by the Parliament
2- Entry into Force
5 Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector
Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) Implementing Regulation on Protection of Personal Data and Privacy in the Telecommunications Sector Telecommunications Authority 30.11.2003 31.12.2003
6 Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) Implementing Regulation on Numbering and National Numbering Plan as Annex to Implementing Regulation Telecommunications Authority 30.11.2003 30.06.2004
7 Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on interconnection in Telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP)
Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) Decision of Board Regarding Scope And Principles of Accounting Separation and Cost Accounting Telecommunications Authority 31.12.2003 30.06.2004
8 Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services
Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)
Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) Implementing Regulation on Authorisation Telecommunications Authority 31.08.2003 31.08.2003

Table 19.2.1 (Continued)

No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Board / Minister / Council of Ministers Proposed Date of
1-Adoption by the Parliament
2- Entry into Force
9 Commission Directive 95/51/EC of 18 October 1995 amending Directive 90/388/EEC with regard to the abolition of the restrictions on the use of cable television networks for the provision of already liberalized telecommunications services
Commission Directive 1999/64/EC of 23 June 1999 amending Directive 90/388/EEC in order to ensure that telecommunications networks and cable TV networks owned by a single operator are separate legal entities
Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services Amendment to Implementing Regulation on Telecommunications Services regarding Cable TV Services Telecommunications Authority 10.11.2003 10.11.2003
10 No corresponding EU acquis exists (but necessary for the liberalization of markets) Arrangements on the type subscription agreements Telecommunications Authority 31.10.2003 31.10.2003
11 No corresponding EU acquis exists (but necessary for the liberalization of markets) Authorisation regarding the public access radio system service Telecommunications Authority 30.09.2003 30.09.2003
12 No corresponding EU acquis exists (but necessary for the liberalization of markets) Authorisation regarding the service of voice transmission via internet protocol Telecommunications Authority Will be achieved in two months following the completion of legal arrangements Will be achieved in two months following the completion of legal arrangements
13 No corresponding EU acquis exists (but necessary for the liberalization of markets) Authorisation regarding the free wireless access system service Telecommunications Authority 10.11.2003 10.11.2003





3- Schedule of Necessary Institutional Changes
Table 19.2.2

No Necessary Institutional Changes – (Ministry of Labour and Social Security) Period of Implementation
Consultancy regarding authorisation and entry to market
1 Authorisation of free wireless access system services
a- World experiences report regarding the authorisation of free wireless access system services
b- Analyse report on Turkey regarding the authorisation of free wireless access system services
c- The provision of free wireless access system services, training process regarding the provision of FWA, review studies 2003-2004
2 Authorisation of cable TV services
a- World experiences report regarding the authorisation of cable TV services
b- Analyse report on Turkey regarding the authorisation of cable TV services
c- The provision of cable TV services, training process regarding the provision of cable TV services, review studies 2003-2004
3 Authorisation of national and international distant carrier services and carrier selection arrangements
a- World experiences report regarding the authorisation of distant carrier services
b- Analyse report on Turkey regarding the authorisation of distant carrier services
c- The provision of distant carrier services, training process regarding the provision of distant carrier services, review studies
d- Analyse report on Turkey regarding the carrier selection and legislation
e- Training regarding carrier selection and review studies 2003-2004
4 Authorisation regarding the operating of infrastructure and arrangements on rights of way
a- World experiences report regarding the authorisation for the operating of infrastructure
b- Analyse report on Turkey regarding the authorisation for the operating of infrastructure
c- The provision of services for the operating of infrastructure, training process regarding the provision of services for the operating of infrastructure, review studies
d- World experiences report regarding rights of way
e- Analyse report on Turkey regarding rights of way and legislation
f- The provision of rights of way, training process regarding the provision of rights of way, review studies 2003-2004
Table 19.2.2 (Continued)

No Necessary Institutional Changes – (Ministry of Labour and Social Security) Period of Implementation
Consultancy regarding the numbering regime
5 Numbering plan and management
a- Research and evaluation report regarding the Numbering plan and management
b- Numbering plan and numbering data base
d- The submission of project outputs regarding the numbering plan and management, training 2003-2004
6 Number portability
a- Research and evaluation report regarding number portability
b- Implementation plan regarding number portability
c- The submission of project outputs regarding number portability, training 2003-2004
Consultancy regarding unbundling of local loop, facility sharing, co-location, cost evaluation
7 Unbundling of local loop
Research and evaluation report regarding unbundling of local loop, training 2003-2004
8 Arrangements regarding the facility sharing and co-location
a- World experiences report regarding facility sharing and co-location
b-Analyse report on Turkey regarding facility sharing and co-location, legislation, and training 2003-2004
9 Cost model and accounting separation
a- Public switched telecommunications network
- Cost model for PSTN
- Accounting separation for PSTN
b- GSM services
- Cost model for GSM
- Accounting separation for GSM 2003-2004

4- Financing Requirements and Sources of Financing
Table 19.2.3 (Euro)

Requirements – (Telecommunications Authority) Year National Budget EU Resources Other Resources Total
I- Investment
II- Harmonisation with the EU Legislation and Implementation
Personnel
Training
Consultancy 2003 - 2004 300,000 300,000
Translation
Other
Total 300,000 300,000

PRIORITY 19.3 Alignment with the acquis on postal services
1- Priority Description
The Council Decision of 19 May 2003 on the Accession Partnership with the Republic of Turkey foresees the initiation of alignment with the acquis on postal services as a priority.
2- Schedule of Necessary Legislative Changes
Table 19.3.1

No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Board/Minister/Council of Ministers Proposed Date of
1-Adoption by the Parliament
2- Entry into Force
1 Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service and the Directive 2002/39/EC of the European Parliament and of the Council of 10 June 2002 amending Directive 97/67/EC Amendment to Postal Law No. 5584 Ministry of Transport, Directorate General of Post and Telegram Organisation 2004, IV. Quarter 1-2005, IV. Quarter
2-2005, IV. Quarter

3- Schedule of Necessary Institutional Changes
Table 19.3.2

No Necessary Institutional Changes – (Ministry of Transport, Directorate General of Post and Telegram Organisation ) Period of Implementation
1 Institutional building related to these Directives 2006, II. Quarter

4- Financing Requirements and Sources of Financing
Table 19.3.3 (Euro)

Requirements – (Ministry of Transport, Directorate General of Post and Telegram Organisation) Year National Budget EU Resources Other Resources Total
I- Investment
II- Harmonisation with the EU Legislation and Implementation 2004
Personnel
Training
Consultancy 400,000a) PSO Programme a)
Translation
Other
Total 400,000
a) For the provision of consultancy a project will be submitted to the PSO programme of the Government of Netherlands. If the project cannot be financed by the PSO the cost will be met from the national budget



PRIORITY 19.4 Establishment of the infrastructure for information technology
1- Priority Description
In order to create an electronic society, provide services via the internet more effectively, and include everyone in the information society, the European Council held in Lisbon on 23/24 March 2000 set the ambitious objective for Europe to become the most competitive and dynamic knowledge-based economy in the world in the next decade, and also adopted the “eEurope Action Plan” at the Feira European Council on 19-20 June 2000.
At the European Ministerial Conference held in Warsaw in 11-12 May 2000, Central and Eastern European Countries recognized the strategic goal set out by the EU-15 and agreed to embrace the challenge. In February 2001 the European Commission invited Turkey to join the other candidate countries. Following the inclusion of Turkey in the eEurope+ Action Plan drawn up for EU candidate countries, the necessary studies were initiated under the auspices of the Prime Ministry. With the Prime Ministry circular dated 27 February 2003, the e-Turkey project, which also encompasses the priorities of the eEurope Action Plan, was initiated and the institutional structure was established.
The State Planning Organization has been assigned to the coordination, monitoring, evaluation and orientation of the project. In order to fulfil this obligation the Department of Information Society has been established within the SPO.
In the above-mentioned circular, alignment of Information and Communication Technology (ICT) policies and legislation with the EU acquis, and alignment of the action plan with Turkey remain the main objectives. To this end, eight working groups have been established under the coordination of the Department of Information Society; technical infrastructure and information security, legal infrastructure, e-government, e-commerce, e-health, education and human resources, standards, monitoring.
Within the context of the Short-Term Action Plan of the e-Turkey project, several actions aimed at strengthening the information technology infrastructure have taken place. The Action Plan includes comprehensive actions regarding technical infrastructure and information security, standards, e-commerce, e-government, e-health and education and human resources for the 2003-2004 periods.
2- Schedule of Necessary Legislative Changes
No EU acquis exists in this field.
3- Schedule of Necessary Institutional Changes
Table 19.4.1

No Necessary Institutional Changes – (State Planning Organization) Period of Implementation
1 Consultancy services regarding policy-making, administrative structuring, and best practices, in order to benefit from EU member states’ experiences 2005-2006
2 Training programmes for the strengthening of human resources in the Department of Information Society 2004
3 Strengthening of infrastructure in order to realize the sub-components (technical infrastructure and information security, legal infrastructure, e-government, e-commerce, e-health, education and human resources, standards, monitoring) of the e-Turkey Project 2003 – 2006


4- Financing Requirements and Sources of Financing
Table 19.4.2 (Euro)

Requirements – (State Planning Organization) Year National Budget EU Resources Other Resources Total
I- Investment 2004 - 2006 500,000 500,000 1,000,000
II- Harmonisation with the EU Legislation and Implementation
Personnel
Training 2004 50,000 50,000
Consultancy 2005 - 2006 200,000 200,000
Translation
Other
Total 500,000 750,000 1,250,000











Annex 19.1
Administrative regulations realized since the Council Decision of 8 March 2001on the Accession Partnership with the Republic of Turkey

Title of the EU Legislation Corresponding Turkish Legislation Date and number of Official Gazette
Council Directive 90/387/EEC of 28 June 1990 on the establishment of the internal market for telecommunications services through the implementation of open network provision
Commission Directive 96/19/EC of 13 March 1996 amending Directive 90/388/EEC with regard to the implementation of full competition in telecommunications markets
Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on interconnection in Telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP)
Directive 97/51/EC of the European Parliament and of the Council of 6 October 1997 amending Council Directives 90/387/EEC and 92/44/EEC for the purpose of adaptation to a competitive environment in telecommunications
Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) Implementing Regulation on Access and Interconnection 23 May 2003, 25116
Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) Communiqué regarding the procedures and principles for the designation of operators with dominant position 3 June 2003, 25127
Directive 97/33/EC of the European Parliament and of the Council of 30 June 1997 on interconnection in Telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP)
Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) Communiqué regarding the procedures and principles for the designation operators with SMP 3 June 2003, 25127
Council Directive 87/372/EEC of 25 June 1987 on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community
Council Directive 90/544/EEC of 9 October 1990 on the frequency bands designated for the coordinated introduction of pan-European land-based public radio paging in the Community
Council Directive 91/287/EEC of 3 June 1991 on the frequency band to be designated for the coordinated introduction of digital European cordless telecommunications (DECT) into the Community National Frequency Allocation Table 11 January 2002 Decision of the Board

Title of the EU Legislation Corresponding Turkish Legislation Date and number of Official Gazette
Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services
Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)
Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) Implementing Regulation on Telecommunications Services 28 March 2001, 24356
Directive 98/10/EC of the European Parliament and of the Council of 26 February 1998 on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment Implementing Regulation on Tariffs 28 August 2001, 24507
Directive 98/10/EC of the European Parliament and of the Council of 26 February 1998 on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment Communiqué on Price Cap 11 January 2002, 24637
Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services
Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)
Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) Communiqué On the Principles and Procedures Regarding the Granting of the 2nd Type Telecommunication License and General Authorisation 4 February 2002, 24661
Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) Decision regarding the allocation of 00 as an international telephone access code 11 March 2002, 2002/103 Decision of Board
91/396/EEC: Council Decision of 29 July 1991 on the introduction of a single European emergency call number
Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) Decision regarding the allocation of 112 as single emergency call number 11 March 2002, 2002/103 Decision of Board
No corresponding EU acquis exists Implementing Regulation regarding the principles and procedures for making national roaming agreements 8 March 2002, 24689
No corresponding EU acquis exists Implementing Regulation regarding the principles and procedures for GSM telephone subscription 27 September 2002, 24889





20- CULTURE AND AUDIOVISUAL POLICY

The harmonisation process regarding the Council Decision of 22 November 1999 concerning Community participation in the European Audiovisual Observatory was concluded through Turkey’s membership of the European Audiovisual Observatory in 1992, within the context of the Paris Declaration dated 12 October 1989.
Law No. 4756 in relation to the amendments on the Law on the Establishment of the Radio and Television Enterprises and Their Broadcasts, the Press Law, the Law on Revenue Taxes and the Law on the Taxation of Establishments has amended Law No. 3984 on the Establishment of the Radio and Television Enterprises and Their Broadcasts. The Constitutional Court has decided on suspension of execution regarding the following Articles of Law No. 3984:
- Article 6/a - Election of Supreme Council and Term of Office
- Article 28/8/2 - Right of Rectification and Reply
- Article 29/d - Share ratios and structure
- Article 29/e - Share ratios and structure
- Interim Article 4 - Election of Supreme Council and Term of Office.
The final decision of the Court regarding other parts of the Law is awaited.
In the framework of the third reform package for harmonisation with the Acquis Communautaire, Law No.3984 was amended by Law No.4771 Amending Various Laws, on 9 August 2002. These amendments to the Broadcasting Law No.3984 have ensured significant progress in the field of freedom of expression, and in terms of the abolition of prohibitions on retransmission and broadcasting in languages and dialects other than Turkish traditionally spoken by Turkish citizens in their daily lives. The Supreme Council of Radio and Television prepared the new implementing regulations as stipulated by the amending Laws. During the preparation process, the EU Television Without Frontiers Directive (97/36/EC) and the Council of Europe Convention on Transfrontier Television (ETS 132) were taken into consideration as reference points, and harmonisation on issues such as advertising, tele-shopping and protection of minors was ensured by these implementing regulations.
The Implementing Regulation on Principles and Procedures of Radio and TV Broadcasts has entered into force following its publication in the Official Gazette No. 25082, dated 17 April 2003. The implementing regulation has made significant progress towards harmonisation with the Television Without Frontiers Directive in the following areas:
- Article 4 - Definitions
- Article 5, 29, 40, and 41 – Protection of minors
- Article 6, 7, 8, 10, 11, 12, 13, 15, 19, 21, 22 – Advertising and tele-shopping
- Article 23, 24, 25, 31 – Re-transmission
- Article 42 – Major events




I - PRIORITY LIST
PRIORITY 20.1 Alignment of legislation in the field of audio-visual policy, in particular with regard to the Television Without Frontiers Directive

II- MEASURES FOR HARMONISATION WITH THE EU LEGISLATION AND IMPLEMENTATION

PRIORITY 20.1 Alignment of legislation in the field of audio-visual policy, in particular with regard to the Television Without Frontiers Directive

1- Priority Description

The Council Decision of 19 May 2003 on the Accession Partnership with the Republic of Turkey sets out the objectives on alignment of legislation in the field of audio-visual policy, and effective implementation of the new regulatory framework.
Regarding the harmonisation with the Council Decision of 20 December 2000 on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus - Development, Distribution and Promotion) (2001-2005), and Decision No 163/2001/EC of the European Parliament and of the Council of 19 January 2001 on the implementation of a training programme for professionals in the European audiovisual programme industry (MEDIA-Training) (2001-2005) and full participation in these programmes, it is necessary to complete harmonisation with the Television Without Frontiers Directive. The Supreme Council of Radio and Television is conducting the necessary studies in this field. Furthermore, the completion of the studies regarding the reorganization of the Directorate General of Copyright and Cinema of the Ministry of Culture and Tourism will make a significant contribution to the effective implementation of the relevant EU acquis.
The Council of Europe Convention on Transfrontier Television entered into force after its approval by the Council of Ministers’ Decision No.93/5038 in 1993. The ratification process of the additional protocol that amends the Council of Europe Convention by the Turkish Grand National Assembly is still in progress.

2- Schedule of Necessary Legislative Changes

The evaluation regarding the new regulatory framework was made within Chapter 19 Telecommunications and Information Technology.





Table 20.1.1

No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Board / Minister / Council of Ministers Proposed Date of
1-Adoption by the Parliament
2- Entry into Force
Amendment to the Law on the Establishment of Radio and Television Enterprises and Their Broadcasts No. 3984 of 20 April 1994 Supreme Council of Radio and Television 2003, IV. Quarter 2004, I. Quarter
Implementing Regulation for the classification system concerning protection of minors Supreme Council of Radio and Television 2003, IV. Quarter 2004, I. Quarter
Implementing Regulation concerning events of major importance Supreme Council of Radio and Television 2003, IV. Quarter 2004, I. Quarter
Implementing Regulation concerning European Works quotas Supreme Council of Radio and Television 2004 Will be determined during the negotiation process
2 Directive 95/47/EC of the European Parliament and of the Council of 24 October 1995 on the use of standards for the transmission of television signals Amendment to Implementing Regulation on Licensing and Permission of Satellite Broadcasting of 29 March 2001 and Implementing Regulation on Licensing and Permission of Cable Broadcasting of 28 March 2002 Supreme Council of Radio and Television 2005, II. Quarter 2005, II. Quarter
3 Conclusions of the Council and of the representatives of the Governments of the Member States, meeting within the Council of 26 June 2000 concerning the communication from the Commission on principles and guidelines for the Community's audiovisual policy in the digital age (42000Y0712(01)) Amendment to the Law on the Establishment of Radio and Television Enterprises and Their Broadcasts No. 3984 Supreme Council of Radio and Television 2003, IV. Quarter 2004, I. Quarter

Table 20.1.1 (Continued)

No Title and Number of EU Legislation Title of Draft Turkish Legislation Responsible Institution Proposed Date of the Approval of the Board / Minister / Council of Ministers Proposed Date of
1-Adoption by the Parliament
2- Entry into Force
4 Council Recommendation of 24 September 1998 on the development of the competitiveness of the European audiovisual and information services industry by promoting national frameworks aimed at achieving a comparable and effective level of protection of minors and human dignity (31998H0560) Amendment to the Law on the Establishment of Radio and Television Enterprises and Their Broadcasts No. 3984 Supreme Council of Radio and Television 2003, IV. Quarter 2004, I. Quarter
5 Council Conclusions of 17 December 1999 on the protection of minors in the light of the development of digital audiovisual services (32000Y0112(05)) Amendment to the Law on the Establishment of Radio and Television Enterprises and Their Broadcasts No. 3984 Supreme Council of Radio and Television 2003, IV. Quarter 2004, I. Quarter
6 Council Conclusions of 27 September 1999 on the role of self-regulation in the light of the development of new media services (31999Y1006(02)) Amendment to the Law on the Establishment of Radio and Television Enterprises and Their Broadcasts No. 3984 Supreme Council of Radio and Television 2003, IV. Quarter 2004,I. Quarter

3- Schedule of Necessary Institutional Changes
Table 20.1.2

No Necessary Institutional Changes - Supreme Council of Radio and Television Period of Implementation
1 Organisation of a seminar on events of major importance for society 2003
2 Organisation of conferences and training sessions on the development of digital TV in Europe 2004
3 Organisation of conferences and training sessions on the implementation of the classification system for the television programmes for protection of minors 2003 - 2004

4- Financing Requirements and Source of Financing
Financing requirements are not foreseen at this stage for this priority.






21- REGIONAL POLICY AND COORDINATION OF STRUCTURAL INSTRUMENTS

I- PRIORITY LIST

PRIORITY 21.1 Establishment of a legislative and administrative framework and necessary mechanisms for the programming, implementation, monitoring and evaluation of regional programmes consistent with Community Standards

II- MEASURES FOR HARMONISATION WITH THE EU LEGISLATION AND IMPLEMENTATION

PRIORITY 21.1 Establishment of a legislative and administrative framework and necessary mechanisms for the programming, implementation, monitoring and evaluation of regional programmes consistent with Community Standards
1- Priority Description
The short-term priorities of Council Decision of 19 May 2003 on the Accession Partnership with the Republic of Turkey are as follows:
- Development of a national policy for economic and social cohesion aimed at reducing regional disparities through a National Development Plan, and the establishment of regional plans at NUTS 2 level
- Adoption of a legislative framework that would facilitate the implementation of the acquis under this chapter
- Establishment of a pluri-annual budgeting procedures setting out priority criteria for public investment in the regions
- Strengthening the administrative structures for managing regional development
The medium term priority is to set up regional branches at NUTS 2 level to implement regional development plans
The work which has been carried out by Turkey in order to contribute to the realisation of the abovementioned priorities, is given below.
Development of a national policy for economic and social cohesion aimed at reducing regional disparities through a Preliminary National Development Plan and the establishment of regional plans at NUTS 2 level
Preparation of the Preliminary National Development Plan and Regional Development Strategy has been carried out by the State Planning Organisation. The Preliminary National Development Plan, which aims to draw up the guidelines of economic and social cohesion policy for 2004-2006 focuses on the following issues:
- Developments in the economic, social and regional fields
- Comparison between Turkey and the EU according to economic and social indicators
- National Development Strategy and macroeconomic environment
- Regional development strategies and regional policies
- Investments
- Sectoral reform fields
- Regional development plans, projects and studies
- Financial framework
- Implementation and monitoring
Within the framework of the preparation of the Preliminary National Development Plan, which is envisaged to be submitted to the European Commission on 10 December 2003 as an annex to the National Programme, the following activities are planned to be carried out:
- A Regional Development Strategy at the national level will be prepared through the results of a workshop to be held with the participation of domestic and foreign experts.
- Regional strategies will be developed in the context of SWOT (Strengths, Weaknesses, Opportunities, Threats) Analysis carried out for 10 NUTS 2 regions.
- The Preliminary National Development Plan will be prepared with the contribution of relevant institutions and submitted to the High Planning Council
With regard to the preparation of regional development plans in NUTS 2 regions as mentioned in the Council Decision of 19 May 2003 on the Accession Partnership with the Republic of Turkey, regional development projects in Samsun (Samsun, Tokat, Çorum, Amasya), Kastamonu (Kastamonu, Çankırı, Sinop) and Erzurum (Erzurum, Erzincan, Bayburt) NUTS 2 regions are being developed within the context of the 2003 Pre-accession Financial Assistance Programme. The implementation of these projects is envisaged for 2003 and 2006. The Eastern Anatolia Development Programme supported by MEDA will also be implemented in 2003-2006. During the preparation of these projects, meetings were held in order to receive the opinion of local authorities, the private sector, and non-governmental organisations. Project fiches include agricultural and rural development, SME support, tourism and marketing support, administrative structuring, human resource development, and environmental components.
The implementation of regional development projects for Kayseri (Kayseri, Yozgat, Sivas) and Konya (Konya, Karaman) NUTS 2 regions are planned to be started in 2004. Furthermore, master plans prepared for the South-eastern Anatolia Project (GAP), the Eastern Anatolia Project, the Eastern Black Sea Regional Development Project, and the Zonguldak-Bartın-Karabük Regional Development Projects will be converted to regional operational programmes.
Within the context of the Turkey-Bulgaria Cross-Border Cooperation Programme, which is supported by the 2003 Pre-accession Financial Assistance Programme, a project fiche for the establishment of a Joint Small Projects Fund has been prepared. Moreover, studies for the preparation of a Joint Programming Document for 2004-2006 are in progress.
Adoption of a legislative framework that would facilitate the implementation of the EU acquis under this Chapter
The Decision of the Council of Ministers No.2002/4720 on the definition of Nomenclature of Territorial Units for Statistics in order to collect and develop regional statistics, to make socio-economic analysis of the regions, to determine the framework of regional policies and to establish statistical data base in line with the EU Regional Statistics System, was published in the Official Gazette No. 24884 on 22 September 2002. The collection of statistical data in NUTS 2 regions has been started and a study entitled “Various Indicators Related to the Nomenclature of Territorial Units for Statistics (NUTS)” was published by the State Planning Organisation in April 2003.
In addition, the preparation of a draft law on local administration reform by the Ministry of the Interior continues.
The Ministry of Agriculture and Rural Affairs has been carrying out a study for the Rural Development Programme in relation to Regulation No. 1260/1999. A Draft Law on this Programme is planned to be completed by the end of 2005.
In order to adopt the EU legislation in the field of Regional Policy and Coordination of Structural Instruments, to formulate necessary administrative changes for implementing these legislation and to determine a legal framework, a working group has been established under the coordination of the Secretariat General for EU Affairs which will work on the aforementioned issues with the participation of relevant public institutions. The Ministry of Interior, the Ministry of Finance, the Ministry of Labour and Social Security, the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Affairs, the Ministry of Environment and Forestry, the Ministry of Settlement and Public Works, the Undersecretariat of the State Planning Organisation, the Undersecretariat of the Treasury, the Bank of Provinces, and the GAP Regional Development Administration will participate in the working group. The list of EU legislation which is envisaged to be handled by the working group, is given below. The list may be changed through the meetings of the group.
- Commission Regulation (EC) No 1681/94 of 11 July 1994 concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the structural policies and the organisation of an information system in this field.
- Commission Regulation (EC) No 643/2000 of 28 March 2000 on arrangements for using the euro for the purposes of the budgetary management of the Structural Funds.
- Commission Regulation (EC) No 1159/2000 of 30 May 2000 on information and publicity measures to be carried out by the Member States concerning assistance from the Structural Funds.
- Commission Regulation (EC) No 1685/2000 of 28 July 2000 laying down detailed rules for the implementation of Council Regulation (EC) No 1260/1999 as regards eligibility of expenditure of operations co-financed by the Structural Funds.
- Commission Decision 94/342/EC of 31 May 1994 concerning information and publicity measures to be carried out by the Member States concerning assistance from the Structural Funds and the Financial Instrument for Fisheries Guidance (FIFG)
- Council Regulation (EC) No 1266/1999 of 21 June 1999 on coordinating aid to the applicant countries in the framework of the pre-accession strategy and amending Regulation (EEC) No 3906/89
- Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds.
- Council Regulation (EC) No 1264/1999 of 21 June 1999 amending Regulation (EC) No 1164/94 establishing a Cohesion Fund
- Council Regulation (EC) No 1265/1999 of 21 June 1999 amending Annex II to Regulation (EC) No 1164/94 establishing a Cohesion Fund
- Council Regulation (EC) No 1164/94 of 16 May 1994 establishing a Cohesion Fund
- Commission Regulation (EC) No 1831/94 of 26 July 1994 concerning irregularities and the recovery of sums wrongly paid in connection with the financing of the Cohesion Fund and the organization of an information system in this field
- Commission Decision of 25 June 1996 concerning information and publicity measures to be carried out by the Member States and the Commission concerning the activities of the Cohesion Fund under Council Regulation (EC) No 1164/94
- Commission Regulation (EC) No 438/2001 of 2 March 2001 laying down detailed rules for the implementation of Council Regulation (EC) No 1260/1999 as regards the management and control systems for assistance granted under the Structural Funds.
- Commission Regulation (EC) No 448/2001 of 2 March 2001 laying down detailed rules for the implementation of Council Regulation (EC) No 1260/1999 as regards the procedure for making financial corrections to assistance granted under the Structural Fund
- Council Regulation (EC) No 1263/1999 of 21 June 1999 on the Financial Instrument for Fisheries Guidance
- Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations
- Regulation (EC) No 1784/1999 of the European Parliament and of the Council of 12 July 1999 on the European Social Fund
Establishment of pluri-annual budgeting procedures setting out priority criteria for public investment in the regions
The allocation and monitoring of public aids in NUTS 2 Regions in line with the pluri-annual budgeting procedures will be realised within the context of the Preliminary National Development Plan prepared for 2004-2006 by the State Planning Organisation.
Within the framework of Public Administration Reform and Local Administrations Reform, transfer of some competencies to the provincial administrations regarding public investments of a local nature is envisaged.
Strengthening the administrative structures for managing regional development and setting up regional branches at NUTS 2 level to implement regional development plans
In order to ensure coordination between central institutions and between regions in regional development and cross border cooperation programmes within the context of the 2003 Pre-accession Financial Assistance Programme, the Department of EU Regional Programmes has been established within the Directorate General of Regional Development and Structural Cohesion of the State Planning Organisation.
With the Decision of the Council of Ministers No. 97/9991 on 23 September 1997, the Yesilirmak Basin Provincial Special Administration Service Union was established by the governorships in Samsun NUTS 2 region. Also with the Decision of the Council of Ministers No.2003/5318 on 24 February 2003, the Central Black Sea Development Union was established. Furthermore, establishment of a similar Union in 2003 in Erzurum NUTS 2 region is envisaged. Within the context of the Eastern Anatolian Development Programme (Van, Muş, Bitlis, Hakkari) a Project Coordination Unit and a Regional Development Institute will be established in Van.
Within the Programme for Strengthening the Administrative Capacity of the SPO for implementing the Regional Development Policies, which was implemented in 2002, the following activities were carried out:
- Seminars were held with the participation of relevant public institutions.
- Study visits were made by experts from the SPO to the European Commission, Member States and Candidate Countries.
- Within the context of the Central Black Sea and Yesilirmak Basin Development Programmes, study visits were made and the relevant SWOT analysis and report were completed.
With the Project on the Provision of Technical Assistance on the Programming of EU Aid for Regional Development, which has begun within the context of 2003 Pre-accession Financial Assistance Programme, provision of technical assistance on preparation of the Preliminary National Plan for the State Planning Organisation is envisaged.
Within the context of strengthening the administrative structures for managing regional development, a twinning project for the State Planning Organisation will begin in 2004.
In addition to these, strengthening the institutional capacity at central and local level is also indicated in regional development programmes prepared for NUTS 2 regions.
In order to establish a regional database in the State Institute of Statistics, the Upgrading the Turkish Statistics System Project has been launched with the allocation of 15.3 million Euros from the 2001 MEDA budget.
A Draft Law is being prepared for establishing Regional Development Agencies in NUTS 2 regions in order to accelerate regional development in line with the policies and principles envisaged in the Development Plan and Annual Programmes; ensuring the on-site and effective use of sources; implementing EU programmes; developing relationship between private sector, non-governmental organisations and public administration, and providing inter-provincial coordination
__________________
Signatürü

YA
TAKSiM;
YA
ÖLÜM








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