Cyprus-Forum.com

[Kifeas]

This is the entire final text of the EU counter declaration to the unilateral declaration by Turkey for the non-recognition of the republic of Cyprus.

(please note this is a re-translation from the Greek version and therefore there might be some slight wording differences between my translation and the original English text.)

Declaration of the European Union and its member states.

1. The EU and the member states acknowledge the signing by Turkey of the supplemental protocol of the association agreement between the Union and the member states on the one part and Turkey on the other, according to the Conclusions of the European council in December 2004. They express their disappointment that Turkey considered it necessary to proceed to a declaration with regards to the Republic of Cyprus at the very moment of the signing.

2. The EU and the member states make it clear that this declaration by Turkey is Unilateral, doesn’t constitute part of the protocol and doesn’t have any legal implications to Turkey’s obligations in relation to the protocol.

3. The EU and the member states expect full and non-discriminatory implementation of the supplemental protocol and the lifting of all the obstacles to the free movement of goods, including the barriers on transportation means. Turkey owes to fully implement the protocol with all the member states, The EU will monitor this step by step and will evaluate the full implementation in 2006. The Union and the member states emphasize that the opening of negotiations of the relating chapters depends on the implementation on behalf of Turkey of all its contractual obligations towards all the member states. The non-full implementation of these obligations will affect the whole progress of the accession negations.

4. The EU and the member states remind that the Republic of Cyprus has become a member state of the EU as of the 1st of May 2004. They also underline that they recognize the Republic of Cyprus only, as a subject of international law.

5. Recognition of all the member states is an essential ingredient of the accession process. Therefore, the EU underlines the importance that is attributed to the harmonization of relations between Turkey and all the member states, the soonest possible.

6. The EU council will undertake the examination in 2006, of the progress that will be achieved in all of these issues.

7. Within the context of this declaration, the EU and the member states agree to the importance of supporting the efforts of the UN SG to achieve a comprehensive settlement of the Cyprus problem, according to the relevant UN SC resolutions and the principles on which the EU is founded, towards a just and lasting settlement which will contribute to peace, stability and the harmonious relations in the region.

[Piratis]

The Union and the member states emphasize that the opening of negotiations of the relating chapters depends on the implementation on behalf of Turkey of all its contractual obligations towards all the member states.

THis is exactly what I predicted. Before the end of 2006 Turkey will have to open up her ports and airports to Cyprus otherwise she should say good bye to EU.

I think this is a very positive step. We managed to gain this because we used the little power we have correctly. We should stop wasting our time with useless things and emphasize our efforts with things that matter.

[cypezokyli]

as i said i will not say anything on the topic until 3rd of october.

the opinions up to now about that paper are as usual. everybody interprets what he wants

according to politis and phileleftheros
edek, evroko, and edi are disspointed (for diefferent reasons)
diko is happy, i didnt find sth from akel...most probably also happy
dysi is more probably not satisfied

according to both phil and politis the biggest problem is the absence of a mechanism to enforce what is writeen in that document and absence of specific dates.

in the meantime nobody is sure what that last paragraph means. as papadopoulos said yesterday: connecting the recognition of RoC with the solution can be dangerous bc we will be forced to accept the Aplan

the greek goverment rpresentative said that according to that documanet turkey is going to recognise RoC de facto while the foundations are there for its dejure recognition

the representative of the turkish ministry of affairs said without solution of the cyprus problem there is going to be o recognition of the RoC

i wish i was a lower to express my opinion.
why do i have the feeling that everybody is going to win in the end?
and everybody will interpret the same legal paper in his own way...
and 3rd of october is yet to come...

[Kifeas]

as i said i will not say anything on the topic until 3rd of october.

the opinions up to now about that paper are as usual. everybody interprets what he wants

according to politis and phileleftheros
edek, evroko, and edi are disspointed (for diefferent reasons)
diko is happy, i didnt find sth from akel...most probably also happy
dysi is more probably not satisfied

according to both phil and politis the biggest problem is the absence of a mechanism to enforce what is writeen in that document and absence of specific dates.

in the meantime nobody is sure what that last paragraph means. as papadopoulos said yesterday: connecting the recognition of RoC with the solution can be dangerous bc we will be forced to accept the Aplan

the greek goverment rpresentative said that according to that documanet turkey is going to recognise RoC de facto while the foundations are there for its dejure recognition

the representative of the turkish ministry of affairs said without solution of the cyprus problem there is going to be o recognition of the RoC

i wish i was a lower to express my opinion.
why do i have the feeling that everybody is going to win in the end?
and everybody will interpret the same legal paper in his own way...
and 3rd of october is yet to come...

The air of assertiveness that all your previous postings were broadcasting made me feel that you are someone much more than just a lawyer.

The value of this declaration is immeasurable and this will be proved in the very near future. Turkey should now feel the need more than ever before to have a solution in Cyprus, as soon as possible. And since you are such a good fan of the art of politics, you should know more than anyone else here how important this is.

[Viewpoint]

Duplication...

[Viewpoint]

Kifeas

The value of this declaration is immeasurable and this will be proved in the very near future. Turkey should now feel the need more than ever before to have a solution in Cyprus, as soon as possible. And since you are such a good fan of the art of politics, you should know more than anyone else here how important this is.

What incentive does Papadop have now other than sitting on his lorals and applying EU leverage to obtain maximum demands, hes moving the issue out of the UN court in to the EU, I think the TCs view EU with great caution they do not keep what they pledge and they are definately siding with the south, shouldnt the GC administration also be tied to finding a solution with a certain timeframe?? I cannot help but feel the whole issue is being put in the fridge for the next 10 years. The partition issue with in 10 to 15 years time be even more attractive not only to TCs but the international community, this could backfire in your faces GCs.

[Piratis]

why do i have the feeling that everybody is going to win in the end?

Well, if before the end of 2006 Turkey is forced to open its ports and airports to Cyprus by implementing the protocol then it is clear who won this round. They can do this and at the same time write 100 letters that they don't recognize RoC. What matters are the actions not the words.

What incentive does Papadop have now other than sitting on his lorals and applying EU leverage to obtain maximum demands

Maximum demands is something he can not obtain because if you remember correctly our "maximum demand" was union with Greece. What we are asking for now has nothing to do with our maximum demands. We are simply asking for the compromise made in 1960 which is the only legal thing that exists (or another fair solution).

Other than that of course he will use whatever little leverage we have. We would be stupid not to use it when on the other side you are using 40.000 illegal occupation troops as a leverage to force something unfair on us.

[Viewpoint]

why do i have the feeling that everybody is going to win in the end?

Well, if before the end of 2006 Turkey is forced to open its ports and airports to Cyprus by implementing the protocol then it is clear who won this round. They can do this and at the same time write 100 letters that they don't recognize RoC. What matters are the actions not the words.

What incentive does Papadop have now other than sitting on his lorals and applying EU leverage to obtain maximum demands

Maximum demands is something he can not obtain because if you remember correctly our "maximum demand" was union with Greece. What we are asking for now has nothing to do with our maximum demands. We are simply asking for the compromise made in 1960 which is the only legal thing that exists (or another fair solution).

Other than that of course he will use whatever little leverage we have. We would be stupid not to use it when on the other side you are using 40.000 illegal occupation troops as a leverage to force something unfair on us.

Leverage what you want we are divided to day and will be more divided in 10 to 20 years time if Turkey ever gets into the EU.

[-mikkie2-]

The counterdeclarationm of the EU is really a document of intent. It spells out what the EU expects of Turkey regarding the protocol and its implementation and what it means.

WHat is more important is the one line that people seem to have missed in the text of the negotiating framework, that the negotiation process is an intergovernmental process, meaning that Turkey will be negotiating with each and every member state, not with the EU as a whole. That means that TUrkey will have to directly negotiate with Cyprus which effectively means they will have to recognise Cyprus.

The net result of this, is that the talks could very easily grind to a halt on day 1.

Turkey made the biggest mistake ever by signing the protocol and immediatly stating that she does not recognise Cyprus. It would have been better if Turkey did not make that declaration at all. It was plainly obvious that the EU had to respond to it and the response shows that Cyprus can make its voice heard. This could be a taste of what is to come...

[cypezokyli]

The air of assertiveness that all your previous postings were broadcasting made me feel that you are someone much more than just a lawyer.

thank you very much for your nice comments.
i ll be having a collection soon

even when i dont express my fears the outcome is the same...

The value of this declaration is immeasurable and this will be proved in the very near future. Turkey should now feel the need more than ever before to have a solution in Cyprus, as soon as possible

as soon as possible means...?

i hope u right kifeas. i really wish u r right.
allow me to keep my reservations.
legal documents like that we ve seen a lot.
lets hope you r right
and the solution will come as soon as possible
even though this soon means different thing for different people.