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what is protocol 10?

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what is protocol 10?

Postby roseandchan » Mon Sep 22, 2008 2:26 pm

Lots of people are talking about the orams property case.
They seem to think they will win due to protocol 10.
Did the GC goverment agree not to claim property in the north under this protocol when they joined the e.u?
Can anyone explain protocol 10?
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Postby roseandchan » Mon Sep 22, 2008 5:00 pm

is anyone awake here!!!!!!!!!!!
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Postby zan » Mon Sep 22, 2008 5:07 pm

Turkish Cypriot community

Cyprus joined the EU on 1 May 2004 as a divided island. Turkish Cypriots and Greek Cypriots need urgently to find a solution to the Cyprus problem and thus to end a conflict on European soil that is now more than 40 years old. The EU fully supports the renewed negotiations between the leaders of the two communities, Mehmet Ali Talat and Demetrios Christofias, under the auspices of the UN, to reach a comprehensive settlement leading to the re-unification of the island. The EU will accommodate a Cyprus settlement provided that it allows Cyprus to play its full role as a Member State and that it respects the basic principles upon which the EU is founded – democracy, the rule of law and human rights.

The whole of the island is in the EU. However, in the northern part of the island, in the areas in which the Government of Cyprus does not exercise effective control, EU legislation is suspended in line with Protocol 10 of the Accession Treaty 2003. The situation will change once a Cyprus settlement enters into force and it will then be possible for EU rules to apply over the whole of the island. However, the suspension does not affect the personal rights of Turkish Cypriots as EU citizens. They are citizens of a Member State, the Republic of Cyprus, even though they may live in the northern part of Cyprus, the areas not under government control.

The two parts of the island remain divided by the "Green Line" that separates the government-controlled areas from the rest of the island. The Council approved the Green Line Regulation (Council Regulation No 866/2004) on 29 April 2004 to deal with the movement of persons and goods across the line. While many people move across the Green Line every day, trade across the line remains limited, amounting to approximately € 600.000 per month 1 .

On 27 February 2006 the EU approved an aid regulation for the benefit of the Turkish Cypriot community aimed at putting an end to the isolation of this community and helping prepare for the reunification of the island 2 €259 million was voted in 2006 for this programme which is to be implemented by the Commission (DG Enlargement) over five years.

The main aims are:

1. social and economic development ;

2. infrastructure, in particular energy and transport, environment, telecommunications and water supply;

3. reconciliation, confidence building measures, and support to civil society;

4. bringing the Turkish Cypriot community closer to the Union, through information on the EU, and contacts between Turkish Cypriots and other EU citizens;

5. helping the Turkish Cypriot community to be ready to implement EU rules (acquis communautaire) in case of a comprehensive settlement .

Up to July 2008, contracts have been signed for about 20% of the € 259 million available. It is expected that contracts will be signed for the rest by the end of 2009. Most of the contracts will be completed by the end of 2011. More detail on the aid programme can be found here

Role of the European Commission

The European Commission has several specific responsibilities reflecting the unique diplomatic, political and legal situation in Cyprus. These are in addition to the normal role of the Commission with regard to any Member State.

The Commission stands ready to provide any support to the negotiations aimed at reaching a comprehensive settlement that the two sides might request. The Commission will follow the development of the process closely, and set up the arrangements necessary to ensure that the Commission can respond swiftly as and when required.

The Commission implements directly the aid programme decided by Member States to help the Turkish Cypriots prepare for reunification.

The Commission reports regularly on the implementation of the Green Line regulation.

To meet these responsibilities, the Directorate-General for Enlargement within the Commission set up the Task Force for the Turkish Cypriot community.

1The Regulation is managed by the DG Enlargement Taskforce which prepares a report each year that is adopted by the Commission and sent to the Council (see Annual report on the implementation of the Green Line Regulation (2008) [48 KB] and Technical Annexes [84 KB] )

2See conclusions of the EU Foreign Ministers' meeting on 24 April 2004.
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Re: what is protocol 10?

Postby halil » Tue Sep 23, 2008 9:21 pm

roseandchan wrote:Lots of people are talking about the orams property case.
They seem to think they will win due to protocol 10.
Did the GC goverment agree not to claim property in the north under this protocol when they joined the e.u?
Can anyone explain protocol 10?


Rose ,
I hope below link will help u to understand

http://www.kktcb.eu/upload/pdf/13761.pdf

on Cyprus
THE HIGH CONTRACTING PARTIES,
REAFFIRMING their commitment to a comprehensive settlement of the Cyprus problem, consistent with
relevant United Nations Security Council Resolutions, and their strong support for the efforts of the United
Nations Secretary General to that end,
CONSIDERING that such a comprehensive settlement to the Cyprus problem has not yet been reached,
CONSIDERING that it is, therefore, necessary to provide for the suspension of the application of the acquis
in those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not
exercise effective control,
CONSIDERING that, in the event of a solution to the Cyprus problem this suspension shall be lifted,
CONSIDERING that the European Union is ready to accommodate the terms of such a settlement in line
with the principles on which the EU is founded,
CONSIDERING that it is necessary to provide for the terms under which the relevant provisions of EU law
will apply to the line between the abovementioned areas and both those areas in which the Government of
the Republic of Cyprus exercises effective control and the Eastern Sovereign Base Area of the United
Kingdom of Great Britain and Northern Ireland,
DESIRING that the accession of Cyprus to the European Union shall benefit all Cypriot citizens and
promote civil peace and reconciliation,
CONSIDERING, therefore, that nothing in this Protocol shall preclude measures with this end in view,
CONSIDERING that such measures shall not affect the application of the acquis under the conditions set out
in the Accession Treaty in any other part of the Republic of Cyprus,
HAVE AGREED UPON THE FOLLOWING PROVISIONS:
Article 1
1. The application of the acquis shall be suspended in those
areas of the Republic of Cyprus in which the Government of
the Republic of Cyprus does not exercise effective control.
2. The Council, acting unanimously on the basis of a
proposal from the Commission, shall decide on the withdrawal
of the suspension referred to in paragraph 1.
Article 2
1. The Council, acting unanimously on the basis of a
proposal from the Commission, shall define the terms under
which the provisions of EU law shall apply to the line between
those areas referred to in Article 1 and the areas in which the
Government of the Republic of Cyprus exercises effective
control.
2. The boundary between the Eastern Sovereign Base Area
and those areas referred to in Article 1 shall be treated as part
of the external borders of the Sovereign Base Areas for the
purpose of Part IV of the Annex to the Protocol on the
Sovereign Base Areas of the United Kingdom of Great Britain
and Northern Ireland in Cyprus for the duration of the
suspension of the application of the acquis according to
Article 1.
Article 3
1. Nothing in this Protocol shall preclude measures with a
view to promoting the economic development of the areas
referred to in Article 1.
2. Such measures shall not affect the application of the
acquis under the conditions set out in the Accession Treaty
in any other part of the Republic of Cyprus.
Article 4
In the event of a settlement, the Council, acting unanimously
on the basis of a proposal from the Commission, shall decide
on the adaptations to the terms concerning the accession of
Cyprus to the European Union with regard to the Turkish
Cypriot Community.
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