USE OF REGULATORY IMPACT ANALYSIS IN THE EU NEGOTIATIONS

USE OF REGULATORY IMPACT USE OF REGULATORY IMPACT ANALYSIS IN ANALYSIS IN THE THE EU EU

NEGOTIATIONSNEGOTIATIONS

4. RECOMMENDATIONS4. RECOMMENDATIONS

2.THE ADVANTAGES OF IMPLEMENTING RIA DURING EU 2.THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONSNEGOTIATIONS

1. EXISTING STATUS IN THE NEGOTIATION PROCESS1. EXISTING STATUS IN THE NEGOTIATION PROCESS

a. EU Financial and Technical Assistance Programmes a. EU Financial and Technical Assistance Programmes

b. Preparing Status Documents and Demanding Transition b. Preparing Status Documents and Demanding Transition PeriodsPeriods

c. Prioritizing and Dating the Legislative Alignmentc. Prioritizing and Dating the Legislative Alignment

d. Prioritizing the Costd. Prioritizing the Cost

3. THE DIFFERENCES OF IMPLEMENTING DEA DURING EU 3. THE DIFFERENCES OF IMPLEMENTING DEA DURING EU NEGOTIATIONSNEGOTIATIONS

EXISTING STATUS IN NEGOTIATION PROCESSEXISTING STATUS IN NEGOTIATION PROCESS

Chapters Opened and Temporarily Closed

Chapters we were invited to deliver

Negotiation Status and we submitted

Negotiation Status

Chapters approved in Council and whose opening criteria

stated

Chapters whose EndDraft Review Reports have not yet been submitted to Turkey

Chapters still being discussed in Council

Chapters still being discussed in Commission

25th Science and Research(Austria: 12 June2006)

17. Economic and Monetary Policy(MPB: 9 March 2007)

26. Education and Culture(MPB: 25 May 2006)

1. Free Movement of Goods (Cyprus opening criterion)

3. Right of Establisment and Freedom to Provide Services (Cyprus Opening Criterion)

5. Public Procurement

8. Competition Policy

9. Financial Services (Cyprus opening criterion)

11. Agriculture and Rural Development (Cyprus Opening Criterion)

12.Food Safety, Veterinary and Phytosanitary

16. Taxation

19. Social Policy and Employment

27. Environment

29. Customs Union (Cyprus Opening Criterion)

2. Free movement of Laborers

13. Fisheries

14. Transportation Policy (Cyprus opening criterion)

15. Energy

22. Regional Policy and Coordination of Structural Tools

23. Judiciary and Fundamental Rights

24. Justice, Freedom and Security

33. Financial and Budgetary Provisions

30. Foreign Relations (Cyprus Opening Criterion)

31. Foreign, Security and Defence Policy

Açılan Fasıllar4. Free Movement of Capital(France: 18 December 2008)

6. Corporate Law(Slovenia: 12 June 2008

7. Law on Intellectual Property(Slovenia: 12 June2008

10. Information Society and Media (France: 18 December 2008)

18. Statistics (Germany: 26 June 2007)

20. Enterprise and Industrial Policy (Germany: 28 February 2007)

21. Trans – European Networks (Portugal: 19 December 2007)

28.Protection of Consumer and Consumer Health (Portugal: 19 December 2007)

32.Financial Control (Germany: 26 June2007)


OVERRVIEW OF CLOSING CRITERIA

Chapter Name Number of Closing Criteria

Science and Research - + 1

Enterprise and Industrial Policies 1 + 1

Financial Control 6 + 1

Statistics 2 + 1

Protection of Consumer and Consumer Health 5 + 1

Trans – European Networks 1 + 1

Free Movement of Capital 4 + 1

Law on Intellectual Property 4 + 1

Corporate Law 5 + 1

Information Society and Media 4 + 1

Number of Closing Criteria in total 32 + 10


OVERVIEW OF OPENING CRITERIA

Chapter Name Number of Opening Criteria

Free movement of Goods - + 1

Right of Establishment and Freedom to Provide Services - + 1

Public Procurement 3

Competition Policy 6

Financial Services - + 1

Agriculture and Rural Development - + 1

Food Safety, Veterinary and Phytosanitary 6

Taxation 1

Social Policy and Employment 2

Environment 2

Customs Union - + 1

Number of Opening Criteria in total 20 + 5


CLOSING CRITERIA that may require carrying out RIA

Chapter Name Opening CriteriaResponsible

Instıtution

4. Free Movement of Capital

Turkey provides an Action Plan, relating to natural and legal persons in EU member countries owning immovable property, including concrete measures and a time schedule oriented to gradual liberalization of owning of immovable properties by foreigners within the framework of EU acquis.

Undersecretariat of Treasury…

20. Enterprise and Industrial Policy

Providing a comprehensive and updated industrial policy strategy aiming at strengthening the competitiveness of Turkish industry. This strategy; should handle all the main sectors of industry in certain details including shipbuilding, railway and food industry in addition to the ones involved in 2003 Indusrial Strategy, should evaluate the previous policy performance comprehensively and should be based on an integrated analysis of competitiveness of related industries, should enable an improved policy coordination and harmony and should orient to a better possession of policy and improvement in implementation of policy.

Ministry of Industry and Trade

EXISTING STATUS IN NEGOTIATION PROCESSEXISTING STATUS IN NEGOTIATION PROCESSOPENING CRITERIA that may require carrying out RIA

Chapter Name Opening CriteriaResponsible Institutions

1. Free Movement of Goods

Excluding motor vehicles… A plan should be prepared on removing import permits related to motor vehicles and be submitted to the Commission.

Undersecretariat of Foreign Trade

5. Public ProcurementTo fully establish the legislative alignment relating to the public procurement and to submit a comprehensiand strategy to the Commission on forming the necessary administrative capacity including the calender and stages.

Ministry of Finance

11. Agriculture and Rural Development

Turkey will submit a strategy to the Commission on how land identification and National Farmer Registry System is considered to be developped from the perspective of preparation to controls on agricultural lands.

Ministry of Agriculture and Rural Affairs

16. Taxation

A plan agrreed upon with the Commission should be prepared and submitted to the Commission involving taking concrete steps to reduce the discriminatory taxation oriented to alcoholic products, imported products and impord cigarettes significantly and clear stages to quickly lifting the discriminatory taxes left.

Ministry of Finance

THE ADVANTAGES OF IMPLEMENTING RIA THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONSDURING EU NEGOTIATIONS

1) EU Financial and Technical Assistance Programmes

a) Pre-Accession Financial Coopration Assistance Instrument (IPA)

Ex: Capacity Building of Turkey on Strengthening the Water Quality Monitoring Project

b) Support for European Integration Programme (SEI)

c) Twinning

Integrated Administration and Control System (IACS) and Land Parcel Identification System (LPIS) in Turkey

Tagging and Vaccination of Sheep and Goats


2) Preparing Status Documents and Demanding Transition Periods

Ex: Free Movement of Capital (12 December 2008)

A 12-year transition period to be revised every four years is demanded for the issue of foreigners owning immovable properties.

The Reaction of the European Commission:

• How is “immovable” defined in your law texts?

• What is the basis for technical, economic and social justifications involved in status document?

• What is the reason for the demand for 12-year transition period? Why is revision needed every four years?


2) Preparing Status Documents and Demanding Transition PeriodsEx: Law on Intellectual Property (12 June 2008)Human Medications and Plant Protection Products>Additional Protection Certificates

Ex: Free Movement of GoodsPreparing an action plan related to lifting of import permits oriented to motor vehicles

Ex: EnvironmentIntegrated Pollution prevention and controlWaste water treatment plantsVolatile organic substance emissions resulting from fuel oil storage and distribution systems

Ex: Food Safety, Veterinary and PhytosanitaryRed meat, poultry meat, fishery enterprises and enterprises processing milk and dairy products


3) Prioritizing and Dating the Legislative Alignment

short+ mid termprimary+ secondary

arrangement422

short+ mid termLegal

arrangement127

short+ mid termSecondary

arrangement295

Short termLegal

arrangement94

THE ADVANTAGES OF IMPLEMENTING THE ADVANTAGES OF IMPLEMENTING RIA DURING EU NEGOTIATIONSRIA DURING EU NEGOTIATIONS

No EU legislation in force Draft Turkish LegislationResponsible

InsitutionDate of publication

1Directives no. 92/43/EEC and 79/409/EEC

Law on Nature and Biodiversity ProtectionMinistry of Environment and Forestry

After 2011

2Directives no. 98/81/EC and 2001/18/EC Regulation no 1946/2003

Law on BiosafetyMinistry of Agriculture and Rural Affairs

2009-2010

3Regulations no. 338/97 and 865/2006

Amendment in Regulation on Implementing the Convention on International Trading of Endangered Wild Animals and Plant Types

Ministry of Environment and Forestry

2010

4 Regulation no. 3254/91

Regulation on ban on use of traps capturing legs and goods produced from the hides of animals which are obtained from traps capturing legs.

Ministry of Environment and Forestry

2010

Sub Priority 27.3.7 Nature Protection and Genetically Modified Organisms

1 Legislative Alignment Calender

Table 27.3.7.1



Primary arrangements that may require carrying out RIA when possible economic,

social and environmental impacts are considered.


Chapter Name EU legislation in force Draft Turkish Legislation Responsible InsitutionDate of

publication

3 Right of Establishment and Freedom to provide services

Directives no. 97/67/EC, 2002/39/AT and 2008/6/EC

Law on Regulation of Mail Services

Ministry of Transportation 2009-2010

5 public procurement Directive no. 2004/18 /EC Law on Public ProcurementMinistry of FinanceDepartment of Public Procurement

2009-2010

6 Corporate Law

Directives no. 68/151/EEC, 2003/58/EC, 77/91/EEC, 78/855/EEC, 82/891/EEC, 89/667/EEC, 78/660/EEC, 83/349/EEC, 2006/43/EC and 2007/36/EC Regulation no.1606/2002

Turkish Trade Law Ministry of Justice 2009

8 Law on CompetitionArticles 87 – 89 of EC Agreement,Regulation no.659/1999

Law on State AidBody which will involve the authority to monitor and audit the state aid.

2009

12 Food Safety, Veterinary and Phytosanitary

Regulation no.178/2002, 852/2004, 853/2004, 854/2004, 882/2004 and 183/2005

andteriner Hizmetleri, Food and Feed Law

Ministry of Agriculture and Rural Affairs

2009


Primary arrangements that may require carrying out RIA when possible economic,

social and environmental impacts are considered.


Chapter Name EU legislation in force Draft Turkish Legislation Responsible InsitutionDate of

publication

15 EnergyDirectives no 2003/55/AT and 2004/67/AT

Law on Change in Natural Gas Market

Ministry of Energy and Natural Resources

2009

19 Social Policy andEnvironment

ILO Conventions no 87 and 98 European Social Charter

Law on Amendment in Unions Law no 2821, Collective Labour Agreement no 2822, Law on Strike and Lock out

Ministry of Labour and Social Security

2009

19 Social Policy andEnvironment

ILO Conventions no 87 , 98 and 151European Social Charter

Law on Amendment in Law on Unions of Civil Servants no 4688

Ministry of Labour and Social SecurityDepartment of State Personnel

2009

23 Judiciary and Fundamental Rights

Regulations no 4253/88, 2988/95, 2064/97 and 1267/1999

Court of Accounts Law Court of Accounts 2009

27 EnvironmentDirectives no 98/81/AT and 2001/18/AT Regulation no 1946/2003

Biosafety LawMinistry of Agriculture and Rural Affairs

2009-2010


4) Prioritizing Costs

The costs of Arrangements on State

Budget

Cost of Arrangements to the Business World

Cost of Arrangements to Consumers (Public)

The total cost of the acquis to be aligned with to state budget

Impact of financial burden on budget

figures in short and mid terms

Financial resources EU may provide

SMES’s problems to finance the costs

that will result from the new

arrangements in short term period

Direct costs of arrangements to

consumers or transfer costs


4) Prioritizing Costs

DIFFERENCES OF IMPLEMENTING RIA DURING DIFFERENCES OF IMPLEMENTING RIA DURING EU NEGOTIATIONSEU NEGOTIATIONS

TIME LIMIT– THE OBLIGATION OF TRANSPOSING THE EU ACQUIS LAWS INTO DOMESTIC LAW

RECOMMENDATIONSRECOMMENDATIONS

• National RIA guideline should be in line with EU RIA guideline.

• All the institutions implementing RIA should prepare RIA report in line with the same principles

• Reviewing RIA’s implemented by other candidate countries and new member countries in similar situations

• Paying attention to principle of Proportionalityo Prioritizing> RIA or Pre-RIA

•Monitoring the implementation of arrangements aligned, changing the way of implementation if necessary (second best alternative)

THANK YOU…THANK YOU…

Devrim KODAKCIDevrim [email protected]@abgs.gov.tr

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USE OF REGULATORY IMPACT ANALYSIS IN THE EU NEGOTIATIONS

Documents

financial services cyprus

eu financial

free movement of goods

transportation policy

status documents

june2007existing status

eu negotiationsexisting

negotiation statuschapters