Proposal for a COUNCIL DECISION concerning the representation of the people of Cyprus in the European Parliament in case of a settlement of the Cyprus problem

(presented by the Commission)

EXPLANATORY MEMORANDUM

The European Union has repeatedly underlined its strong preference for accession by a reunited Cyprus. As yet, a comprehensive settlement of the Cyprus problem has not been reached.

According to Article 1 (1) of Protocol 10 of the Act of Accession 2003, the application of the acquis is suspended in those areas of Cyprus, in which the Government of the Republic of Cyprus does not exercise effective control. In the event of a settlement, the Council shall decide on the withdrawal of this suspension pursuant to Article 1(2) of Protocol 10. As a consequence Community legislation will affect the Cypriots living in the above-mentioned areas.

According to Article 189 of the EC Treaty, the European Parliament consists of representatives of the peoples of the States brought together in the Community. Article 190(1) of the EC Treaty and Article 39(2) of the Charter of Fundamental Rights of the Union provide for the election, by direct universal suffrage, of members of the European Parliament.

In order to guarantee the representation and the electoral rights of all Cypriots, including the Turkish Cypriot community in the event of a comprehensive settlement, it is necessary to provide for an early ending of the mandate of the representatives of the people of Cyprus in the European Parliament and to hold extraordinary elections in the whole of Cyprus for the remaining term of the European Parliament.

The legal basis for the Council decision is Article 4 of Protocol No 10 on Cyprus of the Act of Accession 2003, which enables the Council, in the event of settlement, to decide on the adaptations to the terms concerning the accession of Cyprus to the European Union with regard to the Turkish Cypriot Community.

The Council Decision should enter into force before the European Parliament elections on 10-13 June 2004.

Proposal for a COUNCIL DECISION concerning the representation of the people of Cyprus in the European Parliament in case of a settlement of the Cyprus problem

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Protocol No. 10 on Cyprus of the Act of Accession 2003, and in particular Article 4 thereof,

Having regard to the proposal from the Commission, [1]

[1] OJ C, , p.

Whereas:

(1) The European Council repeatedly underlined its strong preference for accession by a reunited Cyprus. As yet, a comprehensive settlement of the Cyprus problem and the reunification of the island have not been reached.

(2) Pending a settlement, the application of the acquis is therefore suspended pursuant to Article 1(1) of Protocol No. 10 in those areas of Cyprus, in which the Government of the Republic of Cyprus does not exercise effective control.

(3) In the event of a comprehensive settlement of the Cyprus problem, the Council has to decide on the withdrawal of this suspension pursuant to Article 1(2) of Protocol No. 10. As a consequence, the acquis would be applied also in those areas of Cyprus in which the Government of the Republic of Cyprus does not currently exercise effective control, and it would affect the Cypriots living in those areas.

(4) According to Article 189 of the Treaty establishing the European Community, the European Parliament consists of representatives of the peoples of the States brought together in the Community. The Members of the European Parliament are elected by direct universal suffrage in accordance with Article 190 of the Treaty establishing the European Community, Article 108 of the Treaty establishing the European Atomic Energy Community and the Act concerning the election of the members of the European Parliament by direct universal suffrage, annexed to Council Decision 76/787/ECSC, EEC, Euratom [2], as amended by Council Decision 2002/772/EC, Euratom [3] (hereafter 'the Act of 1976').

[2] OJ L 278, 8.10.1976, p. 1.

[3] OJ L 283, 21.10.2002, p. 1.

(5) The members of the European Parliament for the next term covering the period 2004-2009 will be elected in the elections to be held on 10-13 June 2004. Pursuant to Article 11 of the Act of Accession 2003, the number of representatives elected in Cyprus from the start of the 2004-2009 term shall be six. Elections for this 2004-2009 term will, however, not be held in the part of Cyprus in which the application of the acquis is suspended.

(6) In order to guarantee the representation and the electoral rights of all Cypriots, including the Turkish Cypriot community in the event of a comprehensive settlement, it is necessary to provide for an early ending of the mandate of the representatives of the people of Cyprus in the European Parliament elected in June 2004 or in subsequent elections and to hold extraordinary elections in the whole of Cyprus for the remaining term of the European Parliament.

HAS DECIDED AS FOLLOWS:

Article 1

In the event of the entry into force of a comprehensive settlement of the Cyprus problem, the following provisions shall apply by way of derogation from Article 190 (3) of the EC Treaty as well as Article 5 and Article 10 (1) and Article 11 (2) of the Act of 1976:

a) The term of office of the elected representatives of the people of Cyprus in the European Parliament shall end at the opening of the first session of the European Parliament following the elections referred to in letter (b).

b) Extraordinary elections of the representatives of the people of Cyprus in the European Parliament shall be held in the whole of Cyprus for the remainder of the 2004 - 2009 term or any subsequent term of the European Parliament on the Sunday following the end of a period of four months after adoption by the Council, in accordance with Article 1 (2) of Protocol No. 10 of the Act of Accession 2003, of the first decision on the withdrawal of the suspension of the application of the acquis.

c) The term of office of the members of the European Parliament elected in the elections referred to in letter (b) shall begin at the opening of the first session of the European Parliament following the elections referred to in letter (b) and it shall end at the opening of the first session of the European Parliament following its next election.

Article 2

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels,

For the Council

The President