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Europe Daily Bulletin No. 8843
THE DAY IN POLITICS / (eu) eu/turkey

Presidency proposes amendments to conclusions on Turkey (including reference to torture) but leaves most sensitive issues for European Council

Brussels, 07/12/2004 (Agence Europe) - The Dutch presidency has amended its draft conclusions for opening accession negotiations with Turkey in an effort to get as much support from Member States for its text before the European Council of 17 December. To attempt to convince some of the recalcitrant countries, the presidency added a text that had been discussed last week at Coreper, with references to the struggle against torture and the EU's absorption capacities. Nonetheless, the presidency leaves most of the most sensitive issues to the European Council itself. In the new version of the text, which will be discussed on Wednesday at Coreper, no date has yet been proposed for opening negotiations nor has any clarification of the results of the negotiations. France and Austria, however, are insisting that the text does not specify that the negotiations will necessarily lead to accession. Cyprus is demanding a stronger wording on Turkey recognising it and is officially said to be "disappointed" by the draft conclusions.

In the new version of the conclusions, the presidency proposes that Member States highlight the fact that the European Commission follows reform implementation very closely on human rights and zero tolerance, in particular, against claimed cases of torture by the Turkish authorities. The first verse of the text does not mention these issues, detailed by the European Commission in its 6 October report. Like the Commission, the text of the conclusions refers to the three laws that have to enter into force (association, penal code, appeal procedures) and three others that should still be adopted (code of penal proceedings, setting up of judicial policy, carrying out sentencing).

At Austria's request, the text highlights the taking into account of the European Union's capacity to "absorb" new member states. The text marks a hardening of the conditions for closing the negotiation chapters, given that Turkey is expected to prove its satisfactory implementation of the acquis on the reforms that should have begun, as well as the dates for these reforms. The presidency is going to specify that longer periods of transition, permanent safeguard reforms and derogations could be imposed on freedom of movement of persons, agriculture and structural funds. It is insisting on the idea that the EU could not financially assume Turkey's accession before 2014. In the event of serious breaches of human rights, democracy or rule of law, negotiations could be suspended on a decision from the Council by qualified majority on the proposal of the Commission 'own initiative) or at the request of Member States. the first version mentioned a request from a third of Member States. Interpretations diverge on the importance of this change.

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