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
Date: 2004-06-07
Institutions: European Commission
Subjects: Cyprus, European Parliament, accession criteria, accession to the European Union, political representation, settlement of disputes

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.6.2004 
COM(2004) 421 final 

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) 

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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. 

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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 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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.  

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. 

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. 

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,  Euratom2,  as  amended  by  Council  Decision  2002/772/EC, 
Euratom3 (hereafter ‘the Act of 1976’). 

(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 

1 
2 
3 

OJ C, , p. 
OJ L 278, 8.10.1976, p. 1. 
OJ L 283, 21.10.2002, p. 1. 

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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) 

b) 

c) 

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). 

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. 

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 

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