Concerns over fundamental rights and action in Syria have led to a rethink of EU-Turkey relations. What is the status of the cooperation?
On 10 March, MEPs debated tensions at the Greek-Turkish border after President Recep Erdoğan announced his country would no longer stop migrants and asylum seekers from entering the EU. as it had been doing so since 2016 in exchange for financial aid from the EU. Erdogan’s move followed the escalation of the fighting in the Syrian war.
During the debate, several MEPs said the EU should help Greece manage its border with Turkey, while ensuring the right to asylum for those who need it.
Although this is far from the only time that the Parliament has raised concerns, the EU and Turkey do enjoy close links in many areas.
From trade to Nato, the EU and Turkey have enjoyed a productive relationship in many domains for decades. However, recently relations have turned frosty as concerns mounted over Turkey’s military intervention in Syria, its approach to migration as well as the rule of law and the state of democracy in the country with media outlets being closed and journalists being jailed.
These developments are all the more reason for MEPs to take another look at how the EU and Turkey are working together. Read on for an overview of the state of play on various aspects of EU-Turkey relations.
Since the start of the civil war in Syria in 2011, some 3.6 million refugees have entered Turkey and today the country still hosts the largest refugee community in the world.
In March 2016 the EU and Turkey concluded an agreement to tackle the migration crisis, which led to significantly fewer migrants reaching Europe illegally. Read more about the EU’s response to the migration crisis.
Under the agreement all irregular migrants crossing from Turkey into Greek islands would be returned to Turkey. In exchange the country received EU aid from humanitarian funding of about €6 billion under the EU Facility for Refugees in Turkey.
However, in a speech on 28 February, Erdoğan threatened to open the border with Greece again as he did not feel the EU had kept its promises. Following the decision, Greece declared a state of emergency and EU leaders agreed to give the country €700 million in financial assistance as well as provide for a substantial increase in funds for migration and border management in the EU’s budget for 2021-2027.
EU membership: suspension of accession talks?
Turkey has been an associate member of the European Economic Community since 1963 and applied to join in 1987. It was recognised as a candidate for EU membership in 1999, but negotiations didn’t start until 2005. Even after that not much progress was made. Only 16 out of 35 chapters have been opened and only one closed. After The Turkish government’s crackdown following the failed coup d’état on 15 July 2016 negotiations effectively ended and no new chapters have been opened since then.
In November 2016 MEPs adopted a resolution asking for the negotiations to be suspended while repression continues in Turkey. They repeated their call for suspension in a resolution adopted in July 2017 due to continuing concerns about the human rights situation. Although these resolutions are not binding, they send out an important signal.
MEPs regularly debate the situation in the country. For example, In February 2018 they discussed the human rights in Turkey as well as the country’s military operation in Afrin, Syria. That same month they also adopted a resolution calling on Turkey to lift the state of emergency.
Military intervention in Syria
In October 2019, Turkey launched a military operation in northern Syria in order to create a buffer zone between the two countries where Syrian refugees living in Turkey could be moved to. This move was condemned by MEPs during a debate on 23 October. On 24 October they also adopted a resolution in which they called for sanctions against Turkey over its military operation.
Association agreement: an alternative to EU membership?
The EU has the option of concluding association agreements with nearby countries, such as those with Iceland and Tunisia. These agreements set out a framework for close economic and political cooperation.
The EU usually asks for reforms to improve the human rights situation in the country as well as make its economy more robust. In turn the country might benefit from financial or technical assistance, as well as tariff-free access for some or all products.
The EU already has an association agreement with Turkey, but some MEPs see a new agreement as an alternative to EU membership.
Towards closer economic cooperation
In December 2016 the European Commission proposed updating the existing customs union with Turkey and extending bilateral trade relations, but the Council has not yet approved its mandate. Once negotiations have been completed, the agreement would still have to be approved by the Parliament before it could enter into force.
The EU is by far Turkey’s largest export market (50%), while Turkey is the EU’s fifth largest trading partner for both imports and exports.
This article was originally published on 27 April 2017, updated on 11 November 2019 and 13 March 2020.
EU clears way for the EU Digital COVID Certificate
Today, the Presidents of the three EU institutions, the European Parliament, the Council of the EU and the European Commission attended the official signing ceremony for the Regulation on the EU Digital COVID Certificate, marking the end of the legislative process. On this occasion Presidents David Sassoli and Ursula von der Leyen and Prime Minister António Costa said:
“The EU Digital COVID Certificate is a symbol of what Europe stands for. Of a Europe that does not falter when put to the test. A Europe that unites and grows when faced with challenges. Our Union showed again that we work best when we work together. The EU Digital COVID Certificate Regulation was agreed between our institutions in the record time of 62 days. While we worked through the legislative process, we also built the technical backbone of the system, the EU gateway, which is live since 1 June.
We can be proud of this great achievement. The Europe that we all know and that we all want back is a Europe without barriers. The EU Certificate will again enable citizens to enjoy this most tangible and cherished of EU rights – the right to free movement. Signed into law today, it will enable us to travel more safely this summer. Today we reaffirm together that an open Europe prevails.”
EU Digital COVID Certificate
The aim of the EU Digital COVID Certificate is to facilitate safe and free movement inside the EU during the COVID-19 pandemic. All Europeans have the right to free movement, also without the certificate, but the certificate will facilitate travel, exempting holders from restrictions like quarantine.
The EU Digital COVID Certificate will be accessible for everyone and it will:
- cover COVID-19 vaccination, test and recovery;
- be free of charge and available in all EU languages;
- be available in a digital and paper-based format;
- be secure and include a digitally signed QR code;
Member States shall refrain from imposing additional travel restrictions on the holders of an EU Digital COVID Certificate, unless they are necessary and proportionate to safeguard public health.
In addition, the Commission committed to mobilising €100 million under the Emergency Support Instrument to support Member States in providing affordable tests.
The Regulation will apply for 12 months as of 1 July 2021.
On 17 March 2021, the European Commission presented a proposal to create an EU COVID Certificate to facilitate the safe free movement of citizens within the EU during the pandemic. On 20 May, co-legislators reached a provisional agreement. On 1 June, the technical backbone of the systems, the EU gateway, went live. The gateway allows the verification of the security features contained in the QR codes.
Following the official signature today, the Regulation will enter into application on 1 July, with a phasing-in period of six weeks for the issuance of certificates for those Member States that need additional time.
13 Member States have already started to issue EU Digital COVID Certificates.
EU proposes a strong multilateral trade response to the COVID-19 pandemic
EU has submitted its proposal seeking the commitment of World Trade Organization (WTO) members for a multilateral trade action plan to expand the production of COVID-19 vaccines and treatments, and ensure universal and fair access. With this proposal to the WTO, divided in two communications, the EU underlines the WTO’s central role in the response to the COVID-19 pandemic and urges fellow WTO members to agree on a set of commitments, including on intellectual property rights.
President von der Leyen said: “The EU has actively shown solidarity with the world since the beginning of the pandemic. The European Union authorized exports of around half of the total amount of vaccines produced in Europe. Our immediate, urgent goal is to ensure equitable access for low – and middle-income countries, to share vaccines wider and faster. And we continue to help ramping up production. The EU proposes concrete short and medium term solutions to ensure universal access at affordable prices. I am looking forward to discuss with the G7 leaders next week how to achieve this goal. Beyond the current crisis, it is important to ensure global preparedness for future pandemics: diversifying manufacturing so that it is not centralised only in a handful of countries and strengthening the resilience of the healthcare infrastructure in least developed countries”.
Executive Vice-President and Commissioner for Trade Valdis Dombrovskis said: “The pandemic is still with us and there can be no room for complacency. We need to urgently concentrate on proposals that accelerate the equitable distribution of COVID-19 vaccines worldwide. In this respect, a strong multilateral trade response could deliver a huge boost in the fight against COVID-19. In reality, the main problem at this moment relates to the lack of sufficient manufacturing capacity to rapidly produce the required quantities. The objective must be to ensure that any available and adequate manufacturing capacity anywhere in the world is used for the COVID-19 vaccines production.”
More on the EU’s proposal
The EU calls on governments to:
- Ensure that COVID-19 vaccines, treatments and their components can cross borders freely;
- encourage producers to expand their production, while ensuring that those countries most in need of vaccines receive them at an affordable price, and;
- facilitate the use of compulsory licensing within the WTO’s existing Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The TRIPS Agreement already provides this flexibility, which is a legitimate tool during the pandemic that can be used swiftly where needed
The first element aims to limit the use of export restrictions and keep supply chains open. Vaccine-producing countries should be ready to export a fair share of their domestic production. Supply chains are highly interconnected and should not be disrupted. In addition, the EU considers that supplies to the COVAX Facility should never be restricted, and no measures should limit trade in inputs necessary for the production of COVID-19 vaccines and treatments.
The second element calls on governments to strongly encourage and support vaccine manufacturers and developers to expand production and ensure the affordable supply of vaccines to low- and middle-income countries. Such actions could include licensing agreements, the sharing of expertise, tiered pricing including non-profit sales to low-income countries, contract manufacturing and new investments in manufacturing facilities in developing countries. The EU expects all vaccine producers and developers to make concrete pledges that increase supplies to vulnerable developing countries. In this regard, the EU welcomes the commitment of companies such as BioNTech and Pfizer, Johnson & Johnson and Moderna, which have already committed to delivering 1.3 billion doses this year to low-income countries at no profit and to middle-income countries at lower cost.
The third element, on intellectual property, sets out that voluntary licences are the most effective instrument to facilitate the expansion of production and sharing of expertise. Where voluntary cooperation fails, compulsory licences, whereby a government grants a targeted licence allowing a willing producer to make a vaccine without the consent of a patent holder, are a legitimate tool in the context of a pandemic. The EU considers that all WTO members should be ready to:
- agree that the COVID-19 pandemic is an exceptional circumstance of national emergency, and that the requirement to negotiate with the rights’ holder may be legitimately waived where needed;
- support manufacturers that are ready to produce vaccines and/or treatments at affordable prices under a compulsory licence so that the level of remuneration paid by the manufacturer to the patent holder reflects such affordable prices;
- agree that the compulsory licence could cover any exports destined to countries that lack manufacturing capacity, including via the COVAX facility.
The EU is also tabling a dedicated communication on intellectual property to the WTO body in charge of implementing the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Council). Here, the EU provides more detail and clarity on each of the three points on intellectual property and links them with the specific provisions in the TRIPS Agreement. As regards the broad waiver proposed by a number of WTO members, the European Commission, while ready to discuss any option that helps end the pandemic as soon as possible, is not convinced that this would provide the best immediate response to reach the objective of the widest and timely distribution of COVID-19 vaccines that the world urgently needs. Today’s proposals aim at achieving that objective in a swift and effective manner.
EU Digital COVID Certificate: Parliament and Council reach agreement
The Commission welcomes today’s provisional political agreement between the European Parliament and the Council on the Regulation governing the EU Digital COVID Certificate. This means that the certificate (previously called the Digital Green Certificate) is well on track to be ready end of June, as planned. Today’s agreement has been reached in record time just two months after the Commission’s proposal. The negotiations on the certificate for the Commission have been led by Commissioner Didier Reynders in close cooperation with Vice-Presidents Vera Jourová and Margaritis Schinas and Commissioners Thierry Breton, Stella Kyriakides, and Ylva Johansson.
Welcoming this swift progress, President Ursula von der Leyen said:
“We are delivering on our commitment to have the EU Digital COVID Certificate up and running before the summer. European citizens are looking forward to travelling again, and today’s agreement means they will be able to do so safely very soon.
The EU Digital COVID Certificate is free of charge, secure and accessible to all. It will cover vaccination, test and recovery offering different options to the citizens. It fully respects citizens’ fundamental rights, including protection of personal data.
All EU citizens have a fundamental right to free movement in the EU. The EU Digital COVID Certificate, available in paper or digital format, will make it easier for Europeans to travel – whether to see their families and loved ones or to get some well-deserved rest.
We would like to thank the European Parliament and the Portuguese Presidency for their dedication, perseverance and immense work at record speed to find an agreement on the proposal we presented.
Work still remains. At EU level, the system will be ready in the next few days. It is now crucial that all Member States press ahead with the roll-out of their national systems to ensure that the system can be up and running as soon as possible. This is what EU citizens rightly expect.
Today’s agreement has demonstrated that with the commitment and cooperation of all, the EU Digital COVID Certificate will be available on time.”
The EU Digital COVID Certificate – key features
Following the agreement reached by the European Parliament and the Council, the EU Digital COVID Certificate:
- will cover vaccination, test and recovery;
- will be available in a digital and paper-based format, depending on the choice of the recipients, and contain a digitally signed QR code;
- will be free of charge, be obtained easily and also available to persons vaccinated before the EU Digital COVID Certificate Regulation has entered into force;
- may also be used by Member States for national purposes, if this is provided for in national law.
- Member States shall refrain from imposing additional travel restrictions on the holders of an EU Digital COVID Certificate, unless they are necessary and proportionate to safeguard public health.
- The Commission will also mobilise €100 million to support Member States in providing affordable tests.
The political agreement will now have to be formally adopted by the European Parliament and the Council. The Regulation will enter into force on 1 July, with a phasing-in period of six weeks for the issuance of certificates for those Member States that need additional time.
In parallel, the Commission will continue to support the Member States in finalising their national solutions for the issuance and verification of EU Digital COVID Certificate, and to provide technical and financial support to Member States to on-board the gateway.
On 17 March 2021, the European Commission presented a proposal to create an EU COVID certificate to facilitate the safe free movement of citizens within the EU during the COVID-19 pandemic. At the Commission’s request, the Parliament voted in favour of the activation of the urgent procedure for the two proposals on 25 March. The Council adopted its negotiating position on 14 April, and the Parliament did so on 29 April. On 20 May co-legislators reached provisional agreement on this file.
In parallel to the legislative process, important progress was already made on the technical side. The EU Gateway, which allows to verify certificates across borders, is ready and will go live as of June. Successful pilot tests took place with 17 Member States and Iceland during the last two weeks, further five Member States will test next week.
The Commission also provide open source reference software to support Member States to develop their national solution to issue certificates, to scan and check the QR codes, and a reference wallet for storage.
Previously, on 21 April, technical specification guidelines were adopted by Member States representatives in the eHealth Network, a voluntary network connecting national authorities responsible for eHealth. They are building on the close work of the Commission with the Member States, having resulted in first guidelines adopted in January and updated on 12 March, and a trust framework outline agreed on 12 March 2021. In addition, a common design template was developed in the eHealth network.
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