EN Official Journal of the European Union CE 88/380

(2004/C 88 E/0386)

WRITTEN QUESTION E-2011/03

by Ioannis Marínos (PPE-DE) to the Commission

(17 June 2003)

Subject: Application of the Community ‘acquis’ in Cyprus

Thousands of Turkish Cypriots have left the territory of northern Cyprus that has been under occupation since 1974, and today they represent scarcely 50 % of the numbers who used to live there before the invasion of ‘Attila’ (18 % of the total population according to the 1972 official census), as continually stated by the Turkish Cypriot newspaper ‘Afrika’, which is relentlessly persecuted by the Denktash regime.

According to statements made by Mr Papadopoulos, the President of Cyprus, on Greek state television (NET) on 18 May 2003, Cyprus's land registration office officially registered the amount of real assets belonging to Turkish Cypriots – before the invasion by the Turkish army – at 12,9 %. In the same interview Mr Papadopoulos stressed that the ban on vessels flying Cypriot flags preventing them from approaching Turkish ports, regardless of their ownership, is still in force.

Is the maintenance of this ban on vessels of a country which from 1 May 2004 will be an EU Member State consistent with Community law? Provisions in the Annan plan restrict the amount of property and the number of Greek refugees who are to return to the regions intended – under the plan – to be under the administration of the Turkish Cypriot ‘component state’, as it is referred to in the plan. Are these provisions consistent with the Community ‘acquis’? What comments does the Commission have to make on the failure of Mr Denktash's main project concerning ‘forced separation of the Greeks and Turks of Cyprus since trouble will begin if they coexist’, after thousands of Greeks and Turks crossed the ‘green line’, without the occurrence of any noteworthy incident between them? Is it consistent with the Community ‘acquis’ that 9 %, in actual fact, of the native population of a country (which owns 12,9 % of its territory) should be in control of 29,5 % of the Cyprus's total territory, as the Annan plan proposes?

Answer given by Mr Verheugen on behalf of the Commission

(28 July 2003)

As the European Council stated in Luxembourg in 1997, the solution of the Cyprus problem has to be found through talks under the aegis of the United Nations (UN). Only the UN has a mandate of good offices. The UN Secretary General Kofi Annan recently (1 April 2003) presented a report on his mission of good offices in Cyprus where he addresses the problems found since his mandate started in 1999.

As regards the restriction on vessels flying Cypriot flags from approaching Turkish ports, such a measure would not be consistent with the ‘acquis communautaire’. While there is no obligation on Turkey to apply the ‘acquis’ in this area, as a Candidate country, and in the framework of the Association Agreement, it has been encouraged on several occasions to make progress with the adoption and implementation of the ‘acquis’. Furthermore, the restrictions appear to be contrary to international rules, including those of the World Trade Organisation (WTO) and Organisation for Economic Co-operation and Development (OECD). Finally and as a matter of principle, restrictive actions within the field of maritime transport run against standing Union policy considerations for further liberalising the maritime services sector. The Commission will continue to raise this issue in its bilateral contacts with Turkey.

With regard to ‘acquis’ related questions in the Annan plan, the Commission wishes to recall that the European Council has repeatedly stated that the Union would accommodate the terms of a settlement of the Cyprus problem in line with the principles on which the Union is founded. The Commission cannot prejudge the outcome of negotiations which have to take place between the parties concerned.