Protocol No 10 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.
http://europa.eu.int/eur-lex/pri/en/oj/ ... 310956.pdf (pages 24-25)
In a nutshell, what the treaty says is very simple.
1. The Republic of Cyprus is recognized and accepted by the EU and each of its member states as the only authority /government /entity that has the de jure sovereignty over of the whole (the entire) territory of Cyprus (except the British bases in which there is a separate protocol dealing with them.)
2. The EU accepts the country of Cyprus, under the roof of the republic of Cyprus as the de jure sovereign entity representing the entire island /country (except the British bases) to accede into the European Union.
3. The EU grants a derogation to the RoC in which it allows it to suspend the implementation of the EU laws (aqui) in the areas in which it cannot de facto exercise effective control, due to the prohibition or inhibition to it to do so by the presence of the Turkish army which it acknowledges to be the force de facto exercising control.
4. It doesn’t accept or recognize that in the areas in which the RoC cannot exercise effective control, this is due to the existence of any other sovereign and /or legal entity under the name of “TRNC” or anything else, simply because it already accepts and recognizes the whole of Cyprus to be legally (de jure) under the sovereignty of the RoC.
5. The EU accepts that within the areas in which the RoC cannot de facto (not de jure) exercise full control, lives de facto (not de jure) the TC community (part of the people of the RoC) with which the RoC has a certain political dispute, and this is also the reason why Turkey claims (contrary to the all the existing UN resolutions that the EU also recognizes) the need to maintain its military presence (occupation) there. It therefore concedes to accept that should the internal political dispute between the RoC and a part of its people is resolved, Turkey should have no reason to maintain its military presence there and that those areas will also come under the de facto control of the RoC, or the entity that will legally succeed it according to the terms of the agreement.
6. Pending such a political agreement, the RoC continues to be the de jure sovereign entity of the whole of Cyprus, as per the terms of the above treaty of accession.
7. The terms of the treaty of accession may change or modified even by one iota, only with the consent of the existing RoC and each one of the remaining 24 members of the EU.
8. Any action contrary to the terms of the above treaty of accession by anyone of the 25 members of the EU or the EU as a body or any of its institutions, will prompt the RoC to immediately bring the issue in front of the European Communities court, which will naturally and inevitably condemn such action and renter it invalid, and the party (country or EU institution or body) that perpetrated it, liable for violating the treaty of accretion which it also co-signed, and subject to punitive measures.
