In view of the changing environment on multilateral soil, such as the Doha impasse and the economic crisis, the EU decided to focus on bilateral trade agreements as a tool to boost growth with the launch of its new „Europe in the World“ trade strategy in 2006. In line with this strategy, the EU has started to negotiate free trade agreements with specific provisions on services, investment, public procurement and intellectual property rights in order to increase/maintain its competitiveness in global markets. Turkey is preparing for a changing environment. After starting parallel negotiations with the EU, Turkey is also adapting to the wide range of issues addressed in the agreements and is negotiating next-generation free trade agreements with its potential partners. Describes the trade agreements in which this country is involved. Provides resources for U.S. companies to obtain information on the use of these agreements. Chapter 3 is closely aligned with the approach of the WTO General Agreement on Trade in Services (GATS). It covers trade in all service sectors under the four types of procurement. Separate Annexes on the recognition of qualifications of service providers (Annex X), movement of natural persons providing services (Annex XI), electronic commerce (Annex XIII), telecommunications services (Annex XVI), co-productions (Annex XV), financial services (Annex XVI), health services (Annex XVII), tourism and travel services (Annex XVII) and international road transport and logistics services (Annex XIX) supplement the chapter with additional disciplines specific to these sectors. The lists of Parties with specific obligations and exceptions to the most-favoured-nation clause are set out in Annexes XII and IX, respectively. These schedules are regularly reviewed in order to further liberalize trade in services between the two parties. In today`s world, countries tend to conclude bilateral and regional free trade agreements because the World Trade Organization (WTO) has achieved a high degree of liberalization, WTO rules are not sufficient under current conditions, and the multilateral trading system is ineffective in ensuring better market access.
As a result of this trend, about 400 free trade agreements have been notified to the WTO. In Chapter 6, the Parties recognise that anti-competitive business practices may undermine the benefits of liberalisation resulting from the Agreement. They stress the importance of cooperation and consultation on competition law enforcement issues. In addition, the Chapter provides an opportunity for the Parties to take appropriate action where anti-competitive practices continue to affect trade despite previous cooperation and consultations. Priority shall be given to measures which least disturb the functioning of this Agreement. In December 2016, the Commission proposed to modernise the Customs Union and further extend bilateral trade relations to areas such as services, public procurement and sustainable development. The Commission`s proposal was based on extensive preparatory work in 2016, including a public consultation of stakeholders, a detailed impact assessment and a study by an external consultant. However, the Council has not yet adopted the mandate.
The agreements provide for the abolition of all customs duties on the import and export of industrial products, including fish and other marine products, originating in an EFTA State or Turkey. Already under the existing agreement, all industrial products originating in the EFTA States have enjoyed duty-free access to Turkey since 1 January 1999. Industrial products originating in Turkey have enjoyed duty-free access to the EFTA States since the entry into force of the existing Agreement on 1 April 1992. Trade in basic agricultural products is the subject of three bilateral agricultural agreements negotiated between Iceland, Norway and Switzerland/Liechtenstein and Turkey, the respective EFTA States. These agreements are part of the instruments for the establishment of the free trade area between the EFTA States and Turkey. They provide for significant concessions on both sides, taking into account the respective sensitivities. Each agreement contains specific rules of origin, which are usually based on the „fully achieved“ criteria. The provisions on the protection of intellectual property rights (Article 15 and a new Annex XII) apply, inter alia, to patents, trademarks, copyrights and geographical indications. The customs union entered into force on 31 December 1995. It covers all industrial goods, but does not cover agriculture (with the exception of processed agricultural products), services or public procurement.
Bilateral trade concessions apply to agricultural, coal and steel products. The provisions on the protection of intellectual property rights (Chapter 4 and Annex XX) concern, inter alia, trademarks, copyrights, patents and geographical indications and contain provisions on the enforcement of intellectual property rights and cooperation between the Parties. They are based on the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and offer a high level of protection, taking into account the principles of most-favoured-nation treatment and national treatment. The modernised free trade agreement between EFTA and Turkey was signed on 25 June 2018 and covers trade in goods (industrial products, fish and marine products and processed agricultural products), trade in services, protection of intellectual property rights, public procurement, competition, trade and sustainable development. In addition, the updated bilateral agricultural agreements between the various EFTA countries and Turkey continue to be part of the instruments for the creation of the free trade area. The Agreement applies to trade in all fish and other marine products (Article 4 and Annex II). The EFTA States and Turkey shall grant each other duty-free access to imports of all fish and marine products. Appendix I: Preliminary remarks on the list in Appendix II The Agreement provides for tariff concessions for agricultural products processed in accordance with Annex III. Trade in basic agricultural products is governed by three bilateral agricultural agreements negotiated between Iceland, Norway, Switzerland/Liechtenstein and Turkey, the respective EFTA States. While the bilateral agricultural agreements between Norway and Turkey and between Iceland and Turkey enter into force, the bilateral agricultural agreement between Switzerland and Turkey has also been modernised and will replace the existing bilateral agricultural agreement upon the entry into force of the modernised EFTA-Turkey free trade agreement. These bilateral agricultural agreements are part of the instruments for establishing the free trade area.
They provide for significant concessions on both sides, taking into account the respective sensitivities. The Agreement applies to trade in industrial, fish and seafood products and processed agricultural products. The transitional period ended on 1 January 1999. In addition, bilateral agricultural agreements have been concluded between the various EFTA States and Turkey, which are part of the instruments for the creation of the free trade area. The following agreements have been replaced by the customs union between the European Union and Turkey: the parties recognise that economic development, social development and environmental protection are interdependent. In Chapter 7, they reaffirm their commitment to multilateral environmental and labour agreements and principles and commit to maintaining the level of protection while recognizing the right of each Party to establish its own level of environmental and occupational health and safety. Arbitration shall not apply to this Chapter. Without prejudice to WTO rules, the customs union between Turkey and the EU provides an important legal basis for Turkey`s free trade agreements (FTAs). As part of the Customs Union, Turkey aligns its trade policy with the EU`s common commercial policy. This alignment concerns both autonomous regimes and preferential agreements with third countries. The rules of origin for industrial products (Protocol B) concerning the definition of the concept of `originating products` and methods of administrative cooperation are based on the current pan-European model, while maintaining the general structure and content of the European model rules. The rules of the specific list (Annex II of Protocol B) are also based on the current pan-European model.
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The Interinstitutional Agreement is based on the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TfEU). Following the adoption of the Commission`s work
Since the invocation of an important area requires that the property taken be used for public use, it is important to understand what this means from a legal point of
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