PUBLIC COUNCIL OF THE EUROPEAN UNION. Brussels, 5 March 2003 (OR. en,fr) 6998/03 LIMITE ELARG 20

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1 Conseil UE COUNCIL OF THE EUROPEAN UNION Brussels, 5 March 2003 (OR. en,fr) 6998/03 LIMITE PUBLIC ELARG 20 "I" ITEM NOTE from : General Secretariat to : Permanent Representatives Committee Subject : ENLARGEMENT - Treaty and Act of Accession: Cyprus Protocol 1. On the basis of a proposal from the Commission, the Working Party on Enlargement reached agreement on the two alternative draft Protocols on Cyprus contained in Annexes II and III to this note, which fully reflect paragraphs 10, 11 and 12 of the Copenhagen European Council conclusions. 2. With a view to submitting these two alternative draft Protocols to the European Parliament as soon as possible, the Permanent Representatives Committee is therefore invited to approve: - the draft letter to the President of the European Parliament as set out in Annex I; - the two alternative draft Protocols contained in Annexes II and III respectively. 6998/03 mip/pt/dot 1 DG E I EN

2 ANNEX I Chairman of Coreper For the attention of the President of the European Parliament Sir, In accordance with Article 19 of the Council's Rules of Procedure and pursuant to Article 49 of the Treaty on European Union, the Permanent Representatives Committee decided on 12 February 2003 to request the European Parliament's assent to the accession to the European Union of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Republic of Slovakia in the light of the results of the negotiations conducted with these States as presented in the draft Treaty and the Act of Accession. This request was sent to you by letter No SGS3/1520 of 20 February Since the negotiations between the United Nations Secretary-General and the representatives of the Greek and Turkish Cypriots have not yet been concluded and the latter are engaged in pursuing negotiations with a view to reaching a comprehensive settlement of the Cypriot problem, the Permanent Representatives Committee has decided to forward to the European Parliament, in the context of the assent mentioned above, the two attached draft protocols setting out the two alternatives to be considered at this stage with a view to incorporating into the Accession Treaty the conditions of a settlement or the consequences of failure to reach such a settlement. 6998/03 mip 2 ANNEX I DG E I EN

3 The Permanent Representatives Committee confirms that the Union would prefer to see the accession of a united Cyprus and is forwarding two alternative proposals to the European Parliament in order to provide it with all the information it needs to take a decision on 9 April Draft Protocol A will have to be completed in the light of the outcome of the negotiations and will be annexed to the Act of Accession if a settlement is reached. Protocol B will be annexed to the Act of Accession if no such settlement is reached. Under no circumstances must this affect the timetable laid down by your Institution for taking a decision on the accession of the ten countries which have concluded their negotiations, and we rely on your cooperation to bring this process to a successful conclusion. (Complimentary close) 6998/03 mip 3 ANNEX I DG E I EN

4 DRAFT PROTOCOL ON CYPRUS (A) ANNEX II THE HIGH CONTRACTING PARTIES, CONSIDERING that the accession negotiations with Cyprus have been concluded, CONSIDERING that a comprehensive settlement of the Cyprus problem on the basis of the proposals of the United Nations Secretary General has been reached, WELCOMING that this settlement has been concluded and noting with satisfaction its terms allowing a united Cyprus to join the European Union, RECALLING that the European Union is ready to accommodate the terms of such a settlement in line with the principles on which the European Union is founded, CONSIDERING that the Council shall decide on adaptations to the terms concerning the accession of Cyprus to the European Union with regard to the Turkish Cypriot community, HAVE AGREED UPON the following provisions: Article 1 The Council of the European Union, acting unanimously on a proposal from the Commission, shall decide on adaptations to the terms concerning the accession of Cyprus to the European Union with regard to the Turkish Cypriot constituent state. 6998/03 4 ANNEX II DG E I EN

5 Successive Articles [Transposing the terms of Attachment 2 to Annex IX of the comprehensive settlement of the Cyprus problem] 6998/03 5 ANNEX II DG E I EN

6 ANNEX III DRAFT PROTOCOL ON CYPRUS (B.) THE HIGH CONTRACTING PARTIES, REAFFIRMING their commitment to a comprehensive settlement of the Cyprus problem, consistent with relevant United Nations Security Council Resolutions, and their strong support for the efforts of the United Nations Secretary General to that end, CONSIDERING that such a comprehensive settlement to the Cyprus problem has not yet been reached, CONSIDERING that it is, therefore, necessary to provide for the suspension of the application of the acquis in those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control, CONSIDERING that, in the event of a solution to the Cyprus problem this suspension shall be lifted, CONSIDERING that the European Union is ready to accommodate the terms of such a settlement in line with the principles on which the EU is founded, CONSIDERING that it is necessary to provide for the terms under which the relevant provisions of EU law will apply to the line between the above-mentioned areas and both those areas in which the Government of the Republic of Cyprus exercises effective control and the Eastern Sovereign Base Area of the United Kingdom of Great Britain and Northern Ireland, 6998/03 6 ANNEX III DG E I EN

7 DESIRING that the accession of Cyprus to the European Union shall benefit all Cypriot citizens and promote civil peace and reconciliation, CONSIDERING, therefore, that nothing in this Protocol shall preclude measures with this end in view, CONSIDERING that such measures shall not affect the application of the acquis under the conditions set out in the Accession Treaty in any other part of the Republic of Cyprus, HAVE AGREED UPON the following provisions: Article 1 1. The application of the acquis shall be suspended in those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control. 2. The Council, acting unanimously on the basis of a proposal from the Commission, shall decide on the withdrawal of the suspension referred to in paragraph 1. Article 2 1. The Council, acting unanimously on the basis of a proposal from the Commission, shall define the terms under which the provisions of EU law shall apply to the line between those areas referred to in Article 1 and the areas in which the Government of the Republic of Cyprus exercises effective control. 2. The boundary between the Eastern Sovereign Base Area and those areas referred to in Article 1 shall be treated as part of the external borders of the Sovereign Base Areas for the purpose of Part IV of the Annex to the Protocol on the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus for the duration of the suspension of the application of the acquis according to Article /03 7 ANNEX III DG E I EN

8 Article 3 1. Nothing in this Protocol shall preclude measures with a view to promoting the economic development of the areas referred to in Article Such measures shall not affect the application of the acquis under the conditions set out in the Accession Treaty in any other part of the Republic of Cyprus. Article 4 In the event of a settlement, the Council, acting unanimously on the basis of a proposal from the Commission, shall decide on the adaptations to the terms concerning the accession of Cyprus to the European Union with regard to the Turkish Cypriot Community. 6998/03 8 ANNEX III DG E I EN