2010 ilerleme raporu - Avrupa Birliği Bakanlığı

strengthening prudential and supervisory standards in both banking and the non-bank
financial sectors as referred above.
‘Financial services’ is one of the eight chapters covered by the conclusions on Turkey adopted
by the Council (General Affairs and External Relations) on 11 December 2006 and endorsed
by the European Council on 14/15 December 2006. As long as restrictions remain in place on
the free movement of goods carried by vessels and aircraft registered in Cyprus or whose last
port of call was in Cyprus, Turkey will not be in a position to implement fully the acquis
relating to this chapter.
Conclusion
There has been some progress in the area of financial services, as supervisory authorities
introduced further prudential measures. Turkey’s overall alignment with the acquis remains
partial.
4.10. Chapter 10: Information society and media
Concerning electronic communications and information technologies, progress can be
reported. The regulator (ICTA) has continued to align regulations with the EU framework
following the enforcement of the new Electronic Communications Law of November 2008, in
particular as regards authorisation, spectrum management, access and interconnection,
numbering, number portability, rights of way, and tariffs.
ICTA introduced a strategic plan for 2010-2012 which provides a three-year perspective for
the sector. Publication of ICTA Board decisions on the internet is a positive development with
regard to transparency and accountability of the regulator’s activities.
However, the primary law and the implementing regulations are not yet fully aligned with the
acquis. The authorisation procedures confer a margin of discretion on the regulator that could
lead to legal unpredictability. The market review process is insufficiently established, giving
discretionary powers to the regulator to decide when and how to impose obligations on
operators, notably in the access conditions. Furthermore, the Framework Law does not
provide the necessary conditions and the setting to ensure transparency and independence of
the regulatory authority. This is one of the key elements for the accession negotiations in this
chapter. The implementation of universal service obligations continues to be largely divergent
from the EU Directive.
Total revenue of alternative operators is 14% of total revenue of the telecom sector. Fixed line
telephony services have been opened for competition. However, the share of alternative
operators has remained limited. No progress was achieved regarding number portability on
fixed lines. The authorisation of mobile virtual network operator services, and issuance of the
implementing regulation on authorisation of broadband wireless access services operators, are
pending. Communications charges imposed on operators remain high.
As regards information society services, limited progress can be reported towards legislative
alignment. Turkey is not a party to the European Convention on the legal protection of
services based on, or consisting of, conditional access. The Law on electronic signature still
shows several discrepancies with the EU Directive. The Law on internet content and the
conditions under which internet providers can operate appear not to be in line with
international standards protecting freedom of expression and may affect citizens’ rights
relating to internet access. (See the section on freedom of expression)
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