1. The Council takes good note of the Communication from the Commission of 19 October 2021 on the EU Enlargement Policy and the reports on Montenegro, Serbia, Turkey, the Republic of North Macedonia, Albania, Bosnia and Herzegovina and Kosovo.
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31. The Council recalls that the European Council on 24-25 June 2021 noted the European Union’s strategic interest in a stable and secure environment in the Eastern Mediterranean and in the development of a cooperative and mutually beneficial relationship with Turkey. The European Council welcomed the de-escalation in the Eastern Mediterranean, stressing that it needed to be sustained, and reiterated the EU’s readiness to engage with Turkey in a phased, proportionate and reversible manner in a number of areas of common interest, subject to established conditionalities set out by the Members of the European Council in 25 March 2021, and in previous European Council conclusions.
32. Bearing in mind these as well as previous European Council conclusions, the Council remains committed to maintaining an open and frank dialogue, to addressing common challenges and to cooperating in essential areas of joint interest such as migration, public health, climate, counter-terrorism and regional issues. The Council takes note of the recent resumption of High Level Dialogues between the EU and Turkey on several of these issues, as well as the ratification by Turkey of the Paris Agreement on climate change.
33. The Council commends Turkey's continued significant efforts in hosting and addressing the needs of almost 4 million refugees. The continued EU assistance to refugees and host communities will be assured in a timely manner. The EU-Turkey Statement continues to deliver results. The Council recalls that the European Council on 21-22 October 2021 called on Turkey to ensure the full and non-discriminatory implementation of the EU-Turkey Statement of 2016, including vis-à-vis the Republic of Cyprus. Effective border management, as well as the resumption of returns, continue to be priorities. The full and effective implementation of the EU-Turkey Readmission Agreement and cooperation in the area of justice and home affairs with all EU Member States remain essential.
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34. The Council reiterates its serious concerns about the further and deeply worrying backsliding in the areas of democracy, rule of law, and fundamental rights including the freedom of expression, as well as the systemic lack of independence of the judiciary. A number of restrictive measures taken during the state of emergency have been integrated into law and have a profound negative impact on people in Turkey. Civil society and its organisations operate under continuous pressure in an increasingly challenging environment. The systemic lack of independence and undue pressure on the judiciary cannot be condoned, nor can the ongoing restrictions, detentions, imprisonments, and other measures targeting journalists, academics, members of political parties, including parliamentarians, lawyers, human rights defenders, social media users, and others exercising their fundamental rights and freedoms.
The Council stresses the importance of respecting the legality and integrity of the electoral process, in particular against the backdrop of the numerous arrests, dismissals and replacements of democratically elected municipal mayors, and the targeting of opposition parties and their members. The Council reiterates its grave concerns over the reported continued negative developments in these areas, recalls the international standards and the obligations to which Turkey has subscribed and committed itself, and calls on Turkey to urgently reverse the negative trends and credibly address the many serious shortcomings identified in the Commission's report. Turkey should also step up its cooperation with the Council of Europe and its relevant bodies and institutions, address their key recommendations, fully implement the European Convention of Human Rights and other international human rights instruments to which Turkey is a party, as well as execute all judgments of the European Court of Human Rights in line with Article 46 of the ECHR.
35. On economic reforms, the Council notes the serious concerns persisting over the functioning of the country’s market economy. Institutional and policy coordination weaknesses undermined the credibility and effectiveness of authorities’ actions, and imbalances increased significantly, resulting in financial market instability, a deeply negative impact on the labour market, and higher poverty. The Council encourages Turkey to fully implement the policy guidance set out in the Joint Conclusions of the Economic and Financial Dialogue. The independence of regulatory authorities, such as the Central Bank, is of particular importance.
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The Council further recalls the need for Turkey to address obligations as regards the implementation of the EU-Turkey Customs Union, ensuring its effective application to all Member States. The Council regrets Turkey’s continued deviations from its obligations under the EU-Turkey Customs Union, and recalls that trade barriers or equivalent that are not in conformity with it should be removed without delay.
36. The Council reiterates its call on Turkey to progressively align with the EU Common Foreign and Security Policy and to reverse the increasingly negative trend as a matter of priority and recalls its position on accession of Member States to international organisations.
The Council notes with concern that Turkey’s foreign policy has been increasingly colliding with the EU priorities under the Common Foreign and Security Policy, including regarding Libya and Operation IRINI. In line with the shared interest of the EU and Turkey in regional peace and stability, the Council expects Turkey and all actors to contribute positively to the resolution of regional crises.
37. The Council continues to expect Turkey to unequivocally commit to good neighbourly relations, international agreements and to the peaceful settlement of disputes, having recourse, if necessary, to the International Court of Justice.
The Council, as stated in its conclusions of 11 December 2006, 26 June 2018 and 18 June 2019, subsequently endorsed by the European Council as well as in the Declaration of 21 September 2005, calls on Turkey to fulfil its obligations under the Negotiating Framework, including the full, non-discriminatory implementation of the Additional Protocol to the Association Agreement towards all Member States. The Council reiterates that recognition of all Member States is essential. Turkey must stop all threats and actions that damage good neighbourly relations, normalise its relations with the Republic of Cyprus and respect the sovereignty of all EU Member States over their territorial sea and airspace as well as all their sovereign rights, including inter alia the right to explore and exploit natural resources, in accordance with EU and international law, including the United Nations Convention on the Law of the Sea (UNCLOS).
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38. The EU remains fully committed to a comprehensive settlement of the Cyprus problem. It recalls that it remains crucial in this regard that Turkey commits and contributes to a peaceful settlement, including its external aspects, within the UN framework, on the basis of a bicommunal, bizonal federation with political equality, in accordance with all relevant UNSC resolutions and in line with the principles on which the EU is founded and the acquis. The Council regrets that the informal meeting in April 2021 in Geneva under the auspices of the UN did not pave the way for the resumption of formal negotiations. The EU will continue to play an active role in supporting the process.
The Council condemns Turkey’s unilateral actions in relation to Varosha that run contrary to the UN Security Council Resolutions and recalls the importance of the status of Varosha and the need for full respect of UN Security Council Resolutions, in particular Resolutions 550,
789 and 1251, as underlined by the 24 June 2021 European Council. The Council calls for the immediate reversal of these actions and the reversal of all steps taken on Varosha since October 2020.
39. The Council notes with regret that Turkey continues to move further away from the European Union, and recalls its previous conclusion which noted that Turkey's accession negotiations therefore effectively have come to a standstill and no further chapters can be considered for opening or closing.
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