Ankara Agreement

The "Agreement Creating An Association Between The Republic of Turkey and the European Economic Community" (the "Ankara Agreement"), made on December 1, 1964, is an agreement aiming towards the accession of Turkey into the European Economic Community ("EEC").

Background

Turkey first applied for associate membership of the EEC in July 1959, shortly following the EEC's creation in 1958. The EEC responded by suggesting the establishment of an association as an interim measure leading to full accession. This led to negotiations which resulted in the Ankara Agreement on September 12, 1963. [Official Journal of the European Communities 1973, C113p2]

The Agreement

The Ankara Agreement was signed on September 12, 1963 at Ankara. [Official Journal of the European Communities 1973, C113 p2] The Agreement initiated a three-step process toward creating a Customs Union which would help secure Turkey's full membership in the EEC. Upon creation, the Customs Union would begin the integration of economic and trade policy that the EEC saw as necessary.

An Association Council set up by the Agreement controls its development and gives the Agreement detailed effect by making Decisions.

In 1970, Turkey and the EEC agreed an Additional Protocol to the Agreement. [Official Journal 1973, C113, p18]

One part of the Agreement was to be financial assistance from the EEC to Turkey, including loans worth 175 million ECU during the period from 1963-1970. The results were mixed; EEC trade concessions to Turkey in the form of tariff quotas proved less effective than hoped, although the EEC's share in Turkish imports rose substantially during the period.

The Agreement sought the free circulation of workers, establishment and services, including virtually total harmonisation with EEC policies relating to the internal market. However it excluded Turkey from political positions and precluded its recourse to the European Court of Justice for dispute resolution to some extent. [The two sources above seem to disagree on this.]

Individual rights under the Agreement

The Agreement, its Additional Protocol and Decisions of the Association Council are part of EEC law. The European Court of Justice has decided that these give specific rights to Turkish nationals and businesses which the EEC Member States are required by EEC law to respect.

Under Article 6(1) of Association Council Decision 1/80, Turkish nationals legally employed in an EEC Member State for certain periods gain rights to remain or switch employment in that state: [ [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:61997J0001:EN:HTML judgment of the European Court of Justice in Case C-1/97 "Birden" (1998) ECR I-7747] ]

- a Turkish national legally employed by the same employer for one year has the right to permission from the Member State to remain in that employment;

- a Turkish national legally employed for three years in a particular area of work has the right to permission from the Member State to take employment with any employer in that area;

- a Turkish national legally employed for four years has the right to permission from the Member State to take employment with any employer.

A Turkish national who works legally as an au pair or while a student can count as a worker. [ [http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62006J0294:EN:HTML judgment of the European Court of Justice in Case C-294/06 "Payir", 24 January 2008] ]

ee also

*Accession of Turkey to the European Union

References

* [http://www.turkishembassy.org/index.php?option=com_content&task=view&id=57&Itemid=235 Turkey and the EU]
* [http://www.ejil.org/journal/Vol7/No3/art3.html#P5_78 LIVING IN SIN: Legal Integration Under the EC-Turkey Customs Union]

External links

* [http://www.avrupa.info.tr/Files/File/RECOURCE_CENTRE/key_links/008-EC%20Turkey%20-%20Council%20decision.doc Association Council Decisions from 1993]

Notes