Cyprus-Forum.com

[Oracle]

Another sane article by Robert Ellis ...



Cyprus: misguided support for direct trade with TRNC


Robert Ellis

2 May 2010


The support by the S&D group in the European Parliament for the proposed regulation for direct trade between the EU and northern Cyprus may be well-meaning but it is certainly misguided.

The entry into force of the Lisbon Treaty has changed the balance of power in the European Union. One consequence is that the Commission has in an “Omnibus communication” submitted to the European Parliament its earlier proposal for direct trade from 2004, which was shelved because of Greek Cypriot opposition. But the EU Council was at odds with its own Commission, because the Council’s Legal Service opined that the legal basis for the Commision’s proposal was invalid.

The proposal also presents other legal and political obstacles, which the S&D group has ignored. For example, the European Court of Justice in its Anastasiou judgment from 1974 precludes acceptance of movement and phytosanitary certificates issued by authorities other than the competent authorities of the Republic of Cyprus. The only documentation from the Turkish Cypriot Chamber of Commerce that can be accepted is in connection with the Green Line regulation from 2004, which provides for intra-island trade.

Furthermore, there is the question of transport. By Order of Council the Cypriot government in October 1974 closed the ports of Famagusta, Karavostasi and Kyrenia, and last July the British High Court of Justice in Kibris THY v. Secretary of State for Transport confirmed the sovereignty of the Republic of Cyprus over its airspace, land areas and adjacent territorial waters under the Chicago Convention.

As all EU member states are signatories to this convention, the introduction of a direct trade regulation would constitute a violation of the sovereign rights of the ROC and consequently be found invalid by the European Court.

According to UN Security Council resolution 541(1983) the declaration of the “Turkish Republic of Northern Cyprus” is legally invalid, and in resolution 550 (1984) the Security Council calls on all states “not to facilitate or in any way assist the aforesaid secessioníst entity”. Consequently, as Turkey’s aim is to create a Taiwan situation in northern Cyprus, a direct trade regulation can only be considered a helping hand.

The Green Line regulation was adopted to strengthen reunification, and the financial aid regulation of 2006 to the value of €259 million was intended to promote the structural development of the occupied areas. Here the Council strikes a delicate balance, as it states: “The granting of such assistance shall not imply recognition of any public authority in the areas other than the Government of the Republic of Cyprus”.

However, the High Court in its judgment concerning direct flights to northern Cyprus concluded that “the grant of permits would amount to implied recognition that the Government in control of the TRNC was sovereign over the territory which it effectively controls”.

Self-defeating and harmful

In February a solid majority of the European Parliament called on Turkey to immediately start to with draw its forces from Cyprus, address the issue of the settlement of Turkish citizens on the island and enable the return of the sealed-off section of Famagusta to its lawful inhabitants.

On this basis, not least while negotiations are proceeding, to pass a direct trade regulation would not only be self-defeating but also harmful.

The Turkish occupation of a good third of Cyprus was initially justified by the 1960 Treaty of Guarantee, which gave Turkey the right to unilateral action to bring an end to the coup backed by the Greek junta in July 1974. But as Turkey has also undertaken to recognise and guarantee the independence, territorial integrity and security of the Republic of Cyprus, it can no longer use this treaty as a justification for its continued presence.

In addition, the massive transfer of settlers from Anatolia to northern Cyprus is a flagrant violation of Article 49.6 of the Geneva Convention of 1949.
Although Turkey claims to be a state that abides by the rule of law and is a non-permanent member of the UN Security Council, it continues to ignore this violation.

In Resolution 550 the UN Security Council also called for the transfer of Varosha (Famagusta) to UN administration, which would allow the return of this “ghost town” to its original inhabitants. Finland during its term presidency in 2006 also reiterated this call, and this is where a breakthrough in the current negotiations could lie.

This proposal, which was backed by the Cyprus government, could have led to the operation of the port of Famagusta under UN or EU control but (then) Foreign Minister Abdullah Gül was warned against any form of compromise in a secret letter from Deputy Chief of General Staff Ergin Saygun. The question is now whether Prime Minister Erdogan is in sufficient control of his generals to break the deadlock.


Robert Ellis is a regular commentator on Turkish affairs in the Danish and international press.


http://www.neurope.eu/articles/Cyprus-m ... 100550.php

[Acikgoz]

In this post-unification political era we have moved into, it is just this sort of heavy handed action and resistance to change which will justify the need to take a different approach to North Cyprus - if GCs cannot show
repsonsibility in their capacity to alleviate the stranglehold on TCs, that control will be removed from them over time. This will steadily erode the power of RoC over the North. If you cannot be responsible then you shouldn't have that responsibility.

Classic - no consideration of the damage it does to the relations and the hardships the isolation causes for all the people on the island. Lose-lose politics - wouldn't expect anything different being endorsed from our resident RACIST psychopath.

[Oracle]

Classic - no consideration of the damage it does to the relations and the hardships the isolation causes for all the people on the island.

It's not the "isolation" of the thieving racist-Turks who illegally occupy the north which causes hardship "for all the people on the island" but the fact these 70,000 racist Turko-TCs hold on to nearly 40% of the RoCs administration, the homes of 200,000 Greek Cypriot-EU citizens, scrounge off the south and shit and pollute our island for free!

Now bugger off and there will be no isolation and the whole island will trade as one, indivisible and whole.

[BirKibrisli]

The fact that this person saw the need to write this article indicates that times are a changing...You will see more and more such articles in the near future,as direct trade and lifting or the embargoes become a real possibility...Stop your name calling,MRS O...and take your swollen head out of the sand...The world outside has no resemblence to your racist,paranoid,xenophobic imaginary world!!!Thankfully...

[Acikgoz]

Now bugger off and there will be no isolation and the whole island will trade as one, indivisible and whole.

This is the true agenda of the actions of isolation - either comply with GC domination or get rid of the Turkish Cypriots from Cyprus by choking them. Not happened for 50 years, won't ever happen.

As Bir said, this situation is being elevated and the GCs are going to have a harder and harder time defending their jackboot diplomacy.

[Gasman]

What happened to O's oft repeated statement that an 'EU Army' would boot the Turks out of the North now that Cyprus is a 'modern EU Country'?

[Oracle]

The fact that this person saw the need to write this article indicates that times are a changing...You will see more and more such articles in the near future,as direct trade and lifting or the embargoes become a real possibility...Stop your name calling,MRS O...and take your swollen head out of the sand...The world outside has no resemblence to your racist,paranoid,xenophobic imaginary world!!!Thankfully...

No, the times are not changing in your favour. Only your demands for GAINS are getting more vociferous and thankfully articles such as this spell out how and why such a request for direct trade must never be granted!

From above:

1. ... last July the British High Court of Justice in Kibris THY v. Secretary of State for Transport confirmed the sovereignty of the Republic of Cyprus over its airspace, land areas and adjacent territorial waters under the Chicago Convention.

2. As all EU member states are signatories to this convention, the introduction of a direct trade regulation would constitute a violation of the sovereign rights of the ROC and consequently be found invalid by the European Court.

3. According to UN Security Council resolution 541(1983) the declaration of the “Turkish Republic of Northern Cyprus” is legally invalid, and in resolution 550 (1984) the Security Council calls on all states “not to facilitate or in any way assist the aforesaid secessioníst entity”.


4. In February a solid majority of the European Parliament called on Turkey to immediately start to with draw its forces from Cyprus, address the issue of the settlement of Turkish citizens on the island and enable the return of the sealed-off section of Famagusta to its lawful inhabitants.


5. But as Turkey has also undertaken to recognise and guarantee the independence, territorial integrity and security of the Republic of Cyprus, it can no longer use this treaty as a justification for its continued presence.

6. In addition, the massive transfer of settlers from Anatolia to northern Cyprus is a flagrant violation of Article 49.6 of the Geneva Convention of 1949

[Acikgoz]

How's this any different to all the other b.s. that it exploited to defend the generic GC position on Cyprus? Like the politicians in the UK such as Andy Loveless and Theresa the witch Villiers who were given freebies but never declared their interest when they were submitting early day motions in the UK parliament......
Paid for propaganda.
If there was an ounce of balance I would say it was a considered piece. Not an dot....

Oracle: Symptom - damaged human brain; Diagnosis - psychopath.

[YFred]

What happened to O's oft repeated statement that an 'EU Army' would boot the Turks out of the North now that Cyprus is a 'modern EU Country'?

The Greek Prime Minister will begin the attack as soon as he has some Turkish regiments joing him.

[Gasman]

More likelihood of EU forces being sent in to quell rioters in Greece. Which I believe they are entitled to do.