APPENDIX E REQUESTS TO THE EUROPEAN UNION WITH RESPECT TO THE ACCESSION OF CYPRUS

PROTOCOL REQUESTED TO BE ATTACHED TO THE ACT CONCERNING THE CONDITIONS OF ACCESSION OF CYPRUS TO THEEUROPEAN UNION

1. Taking into account the Comprehensive Settlement of the Cyprus Problem between the Greek Cypriot side and the Turkish Cypriot side of [insert date] and the terms of the Foundation Agreement between the Greek Cypriots and the Turkish Cypriots of [insert date].
   
2. Taking into account the Treaties of Guarantee and Alliance, the Additional Protocols thereto, and the Treaty of Establishment
   
3. Bearing in mind and respecting the demilitarization of Cyprus
   
4. Considering that the Act concerning the conditions of accession of Cyprus to the European Union shall not prevent the implementation of the Foundation Agreement, and shall accommodate its terms in line with the principles on which the European Union is founded.
   
   
   Σχόλιο: Το άρθρο αυτό λέει ότι αυτά τα οποία αποτελούν την ιδρυτική Συμφωνία θα θεωρηθούν έως να συνάδουν με τις Αρχές της Ε.Ε. Δηλαδή έμμεσα το κράτος θα ζητά οι οποιεσδήποτε αποκλίσεις από το Ευρωπαϊκό Κεκτημένο να μην θεωρηθούν ως αποκλίσεις αλλά αντίθετα να ΄βολευτούν΄ ως μέρος του κεκτημένου.
   
   
   
5. Bearing in mind that Cyprus shall take all appropriate measures, whether in general or particular, to ensure the fulfillment of the obligations arising out of European Union membership, in line with the specifications of the Act of accession and this Protocol, and that transitional periods agreed during the accession negotiations shall apply to the <common state>" and to the two <component states>, subject to the division of powers as laid down in the Foundation Agreement.
   
6. Underlining that the political equality of Greek Cypriots and Turkish Cypriots, the equal status of the two <component states>, and the 'prohibition on any Unilateral change to the state of affairs established by the Foundation Agreement, fall within the terms of Article 6(1) of the Treaty of the European Union.
   
   
   Σχόλιο: Επιβεβαιώνεται η πολιτική ισότητα τόσο των Ε/Κ και Τ/Κ μεταξύ τους όσο και των δύο ίσων Συστατικών Κρατών και υπογραμμίζεται εδώ η απαγόρευση για μονομερή αλλαγή της τάξης πραγμάτων που καθιερώνει η Συμφωνία Ίδρυσης και επαναλαμβάνει ότι όλα αυτά εμπίπτουν μέσα στην έννοια του Α6(1) της Συνθήκης της Ε.Ε. Αυτό πάλι αποδεικνύει ότι η Συμφωνία ίδρυσης θεωρείται ότι δεν συνάδει με τις Αρχές της Ε.Ε.
   
   
   
7. Recognizing the need to protect the balance between Greek Cypriots and Turkish Cypriots in Cyprus, the bi-zonal character of the <common state> and the identity of the <component states>.
   
   
   Σχόλιο: Εδώ αναγνωρίζεται η ανάγκη να διατηρηθεί η ισορροπία μεταξύ Ε/Κ και Τ/Κ όπως επίσης και τον δικοινοτικό χαρακτήρα του κοινού κράτους αλλά και την ταυτότητα των Συστατικών Κρατών.
   
   
   
8. Underlining that accession to the European Union shall benefit Greek Cypriots and Turkish Cypriots alike and promote development to help reduce economic disparities.
   
9. Recalling that, in accordance with the Presidency Conclusions of the Brussels European Council of 24 and 25 October, a programme will be established by the Council, with disbursement of 206 million euros between 2004 to 2006, in support of the economic development of the northern part of a reunited Cyprus, and that this programme shall be established in addition to the normal operation of the European Union's structural funds.
   
10. Taking into account the special relations of Greek Cypriots and Turkish Cypriots with Greece and Turkey respectively.
    
11. Bearing in mind that, as a European Union member state, Cyprus shall apply the rules of the European Union-Customs Union with Turkey, thereby according European Union treatment to Turkey in the fields where this is provided for.
    
12. Wishing to accord, to the extent compatible with the European Union membership of Cyprus, similar rights for Greek and Turkish nationals vis-a-vis Cyprus.
    

The High Contracting Parties have agreed as follows:

Article 1 Arrangements relating to property and residency rights

The provisions of the Treaty shall not preclude the application of restrictions, on a non-discriminatory basis, on:

1. The right of natural persons who have not been resident for at least three years in the Turkish Cypriot <component state>, and for legal persons, to acquire and hold real property in the Turkish Cypriot <component state> without permission of the competent authorities of the Turkish Cypriot <component state>;
   
2. The right of Cypriot citizens to reside in a '<component state> of which they do not hold internal <component state> citizenship status, if
   1. The number of such residents has reached one third of the total population of a municipality or village; or
   2. During a transitional period of 20 years, the number of such residents has reached a certain percentage of the total population of a municipality or village; the relevant percentage shall be 1% for the first year after entry into force of the Foundation Agreement, and shall rise by 3% for each 3 year period thereafter;
   
   
3. The right of Greek nationals to reside in. Cyprus, if the number of resident Greek nationals has reached 10 % of the number of resident Cypriot citizens who hold the internal <component state> citizenship status of the Greek Cypriot <component state>;
   
4. The right of Turkish Nationals to reside in Cyprus, if the number of resident Turkish Nationals has reached 10% of the number of resident Cypriot citizens who hold the internal <component state> citizenship status of the Turkish Cypriot <component state>.
   

Article 2 Safeguard measures

1. Where, in exceptional circumstances, the operation of the European Union's internal market characterised by the abolition, as between Member States, of obstacles to the free movement of goods, persons, services and capital, cause, or threaten to cause, serious economic difficulties in the Turkish Cypriot <component state>, the competent Cypriot authorities may take the appropriate safeguard measures for a period of one year. These measures may be prolonged with the consent of the Commission. Such measures shall be proportional and shall not constitute disguised restrictions on trade.
   
2. If measures taken in the circumstances referred to in paragraph 1 have the effect of distorting the conditions of competition in the internal market, the Commission shall, together with Cypriot representatives, examine how these measures can be adjusted.
   
3. By way of derogation from the procedure laid down in Articles 226 and 227 of the Treaty establishing the European Community, the Commission or any Member State may bring the matter before the European Court of Justice if it considers that Cyprus is making improper use of the powers provided for in paragraph 1.
   

Article 3 Entry and residency rights of Turkish nationals

The European Union shall authorise Cyprus to accord equal treatment regarding entry and residency rights with respect to its territory to Greek and Turkish nationals without prejudice to policies and arrangements applying to entry and residency rights of Turkish nationals in other member states of the European Union. Rules of implementation for such entry and residency rights for Turkish citizens shall be negotiated between the Commission, Cyprus and Turkey within a year of entry into force of the Foundation Agreement.

Article 4 The European Security and Defence Policy

The participation of Cyprus in the European Security and Defence Policy shall fully respect the provisions of the Foundation Agreement and the provisions of the Treaties of Guarantee and Alliance and the Additional Protocols thereto, and in no sense undermine those provisions.