WRITTEN QUESTION E-2679/03 by Jacques Poos (PSE) to the Commission. Customs union between Turkey and the pseudo-state, the TRNC.
Date: 2003-09-10
Institutions: European Parliament, Provisional data
Subjects: Cyprus, EU relations, Türkiye, agreement (EU), certificate of origin, common tariff policy, customs union, international issue, signature of an agreement, tariff agreement

13.3.2004

EN

Official Journal of the European Union

C 65 E/189

Answer given by Mr Barnier on behalf of the Commission

(30 October 2003)

The Community is able to provide support for the development of transport TransEuropean Networks
(TEN) from the Structural Funds, the Cohesion Fund and the Indicative Multiannual Programme (MIP). The
Cohesion Fund budget
for Spain for the period 1993-1999 equated to EUR 9,251 million and to
EUR 11,160 million for the period 2000-2006 (1999 prices). Half of these funds are devoted to transport
projects included in the TENs.

The Structural Funds are allocated between Member States for the period 2000-2006 on the basis of
criteria set out in the Regulations. The effort in financial terms is concentrated on the least developed
regions eligible under Objective 1. The region of Madrid does not meet the eligibility criteria for support
under Objective 1.

The Cohesion Fund is allocated annually on the basis of the criteria established in the relevant Regulation
and in an overall framework for transport and the environment development drawn up by the Spanish
authorities. On the transport side, the effort has been concentrated over recent years on the Madrid-
Barcelona-French border and the Madrid-Valladolid high speed railway corridors integrated in the Essen
Priority Project (cid:1) High-Speed Train South.

Concerning the financial instrument, specifically devoted to TENs, the criteria relating to the eligibility and
selection of projects are set out in the Community’s ‘Guidelines for the development of the TEN (1)’, 1996,
which established the scope, including detailed maps of the network, objectives, priorities and definitions
of projects of common interest. The funding of individual TEN projects is decided on the basis of regular
requests from the Member States which are examined under the provisions of Regulation (EC) No 1655/
1999 (2).

The selection of projects to be financed under the Cohesion and Structural Funds is a competence of the
national authorities.

In respect of the financing of the sections France-Barcelona-Valencia-Murcia (the so-called ‘Mediterranean
corridor’), funds have been provided since the beginning of the 1990s to improve,
in particular, the
railway line between Barcelona and Valencia. More recently, under the TEN framework, there are projects
relevant for the Mediterranean corridor being financed in 2002 and 2003 affecting Barcelona and Valencia
(in particular the HST Madrid-Castilla-La Mancha Comunidad Valenciana-Murcia (several studies) and the
Studies for HST line Zaragoza-Barcelona). In addition to the two projects mentioned above, support has
also been provided in 1999 for the restructuring and adaptation for HST of the railway network in the
area of Valencia.

The Honourable Member may wish to note that from 1986 to-date the Union has allocated a total of
EUR 498 million to the improvement and up-grading works on the Mediterranean rail corridor (France-
Barcelona-Valencia-Murcia).

(1) Decision No 1692/96/EC of the Parliament and of the Council of 23 July 1996 on Community guidelines for the

development of the trans-European transport network, OJ L 228, 9.9.1996.

(2) Regulation (EC) No 1655/1999 of the Parliament and of the Council of 19 July 1999 amending Regulation (EC)
No 2236/95 laying down general rules for the granting of Community financial aid in the field of trans-European
networks, OJ L 197, 29.7.1999.

(2004/C 65 E/206)

WRITTEN QUESTION E-2679/03

by Jacques Poos (PSE) to the Commission

(10 September 2003)

Subject: Customs union between Turkey and the pseudo-state, the TRNC

Can the Commission indicate whether the framework customs union agreement signed by Turkey and the
pseudo-state of the Turkish Republic of Northern Cyprus (TRNC) is compatible with the Customs Union
Agreement in force since 1996 between the European Union and Turkey?

C 65 E/190

Official Journal of the European Union

EN

13.3.2004

Under this agreement, customs duties were abolished and Turkey is required to apply the Common
Customs Tariff to all imports from third countries.

If, however, the TRNC, according to the definition of the European Court of Human Rights, is not a third
temporarily under Turkish occupation and
country, but a province of
administration, is the Commission not obliged to make sure that all exports to the EU from the occupied
area are accompanied by certificates of origin issued by the island’s recognised authorities?

the Republic of Cyprus,

Can the Commission guarantee that Turkish exports to the EU comply with the signed agreement? If not,
what does the Commission intend to do to ensure compliance with the law?

(2004/C 65 E/207)

WRITTEN QUESTION P-2731/03

by Mihail Papayannakis (GUE/NGL) to the Commission

(10 September 2003)

Subject: Framework agreement on customs union between Turkey and the northern part of Cyprus

The Turkish Government has signed a ‘framework agreement’ on customs union with the self-proclaimed
‘Turkish Democracy of North Cyprus’, which is neither an independent state nor a recognised entity under
international law or UN resolutions.

Since the signing of this agreement represents a flagrant violation of the principles of international law, the
UN charter and the Security Council’s decisions and the principles and decisions of the EU and conflicts
with the institutional framework of relations between the EU and the Republic of Cyprus as well as with
Turkey’s application for accession, could the Commission say whether its opinion was sought before the
signing of the ‘framework agreement’, whether that agreement is consistent with the principles and
provisions of the association and customs union agreements between Turkey and the EU, and whether it
considers that it is likely to influence Turkey’s progress towards accession and the evaluation of its
candidature by the competent Community bodies?

Joint answer
to Written Questions E-2679/03 and P-2731/03
given by Mr Verheugen on behalf of the Commission

(1 October 2003)

The Commission regrets the signing on 8 August 2003 of the so called ‘customs union framework
agreement’ between Turkey and northern Cyprus (‘TRNC’). This ‘agreement’ has no legal validity under
international law and was signed without any prior consultation with the Union. The Union has made it
clear to the Turkish Government that ratification of the so called ‘framework agreement’ would be in
breach with the customs union between the Community and Turkey and would not be conducive to a
settlement of the Cyprus problem.

With regard to the fears expressed by the Honourable Members concerning exports from northern Cyprus,
the Commission wishes to underline that in order to benefit from the preferential treatment provided for
by the EC-Cyprus Association Agreement, imports from Cyprus must be covered by origin certificates
issued by the recognised authorities in accordance with the decision of the Court of Justice from 1994
(Anastasiou Pissouri Ltd and Others). The Origin certificates are checked by the customs authorities of the
Member States.
If products covered by irregular certificates were to be released for circulation, the
Commission and Member States could take the appropriate measures at customs level.