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From Wikipedia:
The Annan Plan was a United Nations proposal to bring about the reunification
of the divided island nation of
Cyprus as the United Cyprus Republic. It was
named in recognition of
United Nations Secretary-General
Kofi Annan, who largely devised the proposal in
conjunction with
Didier Pfirter.
The Annan Plan proposed the creation of the
United Cyprus Republic, covering the island of
Cyprus in its entirety (except for the British
Sovereign Base Areas). This new country was to
be a loose
confederation of two
component states � the
Greek Cypriot State and the
Turkish Cypriot State � joined together by a
minimal federal government apparatus.
This federal level, loosely based on the
Swiss confederal model, would have incorporated
the following elements:
- A collective Presidential Council, made up
of six voting members, allocated according to
population (per present levels, four Greek
Cypriots and two Turkish Cypriots), and selected
and voted in by parliament. An additional three
non-voting members would be assigned 2:1.
- A President and Vice President, chosen by
the Presidential Council from among its members,
one from each community, to alternate in their
functions every 20 months during the council's
five-year term of office.
- A
bicameral legislature:
- A
Senate (upper house), with 48 members,
divided 24:24 between the two communities.
- A
Chamber of Deputies (lower house), with
48 members, divided in proportion to the two
communities' populations (with no fewer than
12 for the smaller community).
- A Supreme Court composed of equal numbers of
Greek Cypriot and Turkish Cypriot judges, plus
three foreign judges; to be appointed by the
Presidential Council.
The plan included a
federal
constitution, constitutions for each constituent
state, a string of constitutional and federal laws,
and a proposal for a United Cyprus Republic flag and
national anthem. It also provided for a
Reconciliation Commission to bring the two
communities closer together and resolve outstanding
disputes from the past.
It would also have established a limited
right to return between the territories of the
two communities, and it would have allowed both
Greece and
Turkey to maintain a permanent military presence
on the island, albeit with large, phased reductions
in troop numbers.
Negotiations
In
January 2002, direct talks under the auspices of
Secretary-General Annan began between the
Republic of Cyprus President
Glafcos Clerides and Turkish Cypriot Leader
Rauf Denktash.
In
November 2002, Secretary-General Kofi Annan
released a comprehensive plan for the resolution of
the Cyprus issue. It was revised in early December.
In the lead up to the European Union's
December 2002 Copenhagen Summit, intensive
efforts were made to gain both sides' signatures to
the document prior to a decision on the island's
EU membership. Neither side agreed to sign. The
EU invited the Republic of Cyprus to join on
16 December
2002.
Following the Copenhagen Summit, the UN continued
dialogue with the two sides with the goal of
reaching a settlement prior to Cyprus's signature of
the EU accession treaty on
16 April
2003. A third version of the Annan plan was put
to the parties in
February 2003. That same month the
Secretary-General again visited the island and asked
that both leaders agree to put the plan to
referendum in their respective communities. Also in
February 2003,
Tassos Papadopoulos was
elected as the fifth president of the Republic of
Cyprus. On
10 March
2003, this most recent phase of talks collapsed
in
The Hague,
Netherlands, when Denktash told the
Secretary-General he would not put the Annan Plan to
referendum.
In
February 2004, Papadopoulos and Denktash
accepted the Secretary-General's invitation to
resume negotiations on a settlement on the basis of
the Annan plan. After meeting with Annan in New
York, talks began on-island on
19 February
2004. The two community leaders, Rauf Denktash
and Tassos Papadopoulos, met nearly every day for
negotiations facilitated by the Secretary-General's
Special Advisor for Cyprus,
�lvaro de Soto. In addition, numerous technical
committees and subcommittees met in parallel in an
effort to resolve outstanding issues. When this
stage of the talks failed to reach an agreed
settlement Rauf Dentaksh refused to attend the next
stage of meetings which were scheduled to take place
in Bόrgenstock on
24 March
2004 and sent
Mehmet Ali Talat and
Serdar Denktash as his agents. The talks
collapsed and no negotiated agreement was reached by
the two communities. The Secretary-General then
stepped in as arbitrator and on
31 March presented to the two sides a proposed
final settlement. Rauf Dentaksh rejected Annan's
proposal immediately and Tassos Papadopoulos
rejected the plan a week later while Mehmet Ali
Talat supported it.
Rejection
- See:
Cyprus reunification referendum, 2004
The plan was placed before the two communities in
a simultaneous vote in the reunification referendum
of
24 April
2004. Whilst the proposal received a 65%
favorable vote from the Turkish community, the Greek
Cypriot community rejected it by over 75%. Since
implementation of the plan was dependent on its
approval by both communities, reunification did not
take place. Had there been a positive vote on both
sides, a unified Cyprus would have acceded to the
European Union on
1 May
2004.
Reasons for Greek-Cypriot rejection of the
Annan Plan
- The Plan did not include a settlement
regarding the repatriation of
Turkish settlers living on Greek Cypriot
owned land in the 'Northern
Cyprus', while after 19 years, the
possibility of abolishing the derogation of 5%
of
Greeks and Turkish citizens who could settle
in Cyprus, is obvious, and the danger of a
permanent mass settling of Cyprus by Turkey is
visible.
- The Plan did not deal in full with the
demilitarisation of the
de facto 'TRNC', and
Greek Cypriots felt they had no reason to
believe Turkish promises concerning the
withdrawal of troops.
- Many Greek Cypriots interpreted the Right of
Return policy as to be seriously flawed, meaning
only 20% of Greek Cypriot refugees would be able
to return over a time frame of 25 years, whereas
Turkish Cypriots would have had full right
of return.
- Turkish Cypriots would have gained all the
basic demands it made, from the first day of the
implementation of the solution. To be exact, 24
hours after the holding of the referendum. In
contrast, everything that the Greek Cypriots
were aspiring to achieve, would have postponed
without guarantees and depend upon the good will
of Turkey to fulfil the obligations it
undertakes. They are also subject to the
precondition that all would have gone well.
- The return of the
Turkish occupied land will take place in the
period between three and a half months and three
and a half years from the moment the solution is
signed with no guarantees whatsoever that this
shall be implemented. The Cypriot-Greek proposal
of placing these areas under the control of the
UN Peace Keeping Force and not the
Turkish army has been rejected.
- The Plan did not address the issue of the
British
Sovereign Base Areas (SBAs) on the island,
although parts of the SBAs would be transferred
to the governments of the two consituent states.
- The functional weaknesses of the Plan
endanger, inter alia, the smooth activity and
participation of Cyprus, with one voice, in the
European Union. While the Greek Cypriots have
with many sacrifices achieved Cyprus accession
to the
European Union, the Greek Cypriots could
very easily be led to the neutralization
of the accession until the adoption of all
necessary federal and regional legal measures or
the loss of the benefits of the accession or the
facing of obstacles in Cyprus participation in
the
Economic and Monetary Union and other
European institutions.
- The
Economy of Cyprus would have been separate
with the plan. There will be no common monetary,
fiscal policy and no investments by Greek
Cypriot businesses shall be allowed in the
Turkish Cypriot constituent state.
Recent developments
(1) On
6 April
2005 the
European Court of Human Rights decided that,
"even the adoption of the plan would not have
afforded immediate redress" of the Greek Cypriots
property rights.
Loukis Loukaides the Cypriot judge on the
European Court of Human Rights, has since called on
the Greek Cypriot political leaders to stop backing
the Annan Plan as a basis for negotiations, because
its basic philosophy violates fundamental human
rights and the EU acquis. (Cyprus Weekly 15 April
2005)
He recommends the following action be taken:
1 - The drafting of an official information
bulletin on the violation of the EU acquis by the
Annan Plan.
2 - To declare clearly that the Plan is
incompatible with the European Human Rights Charter
and other International Human Rights Treaties, which
are already binding on us and also as a result of
our EU accession.
3 - To cease at last to refer to the Annan Plan
as a basis for a settlement, or negotiations. So
long as this continues, foreign officials and
organisations that could assist us achieve a good
settlement, will not do so.
COMPREHENSIVE SETTLEMENT OF THE CYPRUS PROBLEM
INDEX
Basis for Agreement
Article 1 Foundation Agreement
Article 2 Treaty on
matters related to the new state of affairs in Cyprus
Article 3 Matters to be submitted to the United Nations Security
Council for decision
Article 4 Conditions of accession to
the European Union
APPENDIX A:
FOUNDATION AGREEMENT
Article 1 The new state of affairs
Article 2 The State of
Cyprus, its {common state} government, and its {component states}
Article 3 Citizenship
Article 4 Fundamental rights and liberties
Article 5 The {common state} government
Article 6 The Supreme
Court
Article 7 Transitional {common state} institutions
Article 8 Demilitarization
Article 9 {component state}
boundaries and territorial adjustment
Article 10 Property
Article 11 Reconciliation Commission
Article 12 Past acts
Article 13 Entry into force and implementation
Article 14
Annexes
Draft Annex I: Constitution of Cyprus
Part I: General Provisions
Article 1 The State of Cyprus
Article 2 The {component states}
Article 3 Constitution as
supreme law
Article 4 Rule of law
Article 5 Secular nature
of Cyprus and its {component states}
Article 6 Demilitarisation
of {common state} and {component states}
Article 7 The official
languages and promulgation of official acts
Article 8 Official
Holidays of the {common state}
Part II: Fundamental Rights and Liberties
Article 9 Fundamental
Rights
Article 10 Citizenship
Article 11 Exercise of
political rights
Part III: The {common state} and the {component
states}
Article 12 Competences and functions of the {common
state}
Article 13 Competences and functions of the {component
states}
Article 14 Cooperation and coordination
Article 15
Joint Investigation Agency
Article 16 External relations
Article 17 Cyprus as a member of the European Union
Part IV:
{common state} Institutions
Article 18 Eligibility and
incompatibility and discharge of duties
Article 19 {common
state} immunities and exemptions
Section A: The Legislature
Article 20 Composition and election of Parliament
Article 21
Organisation
Article 22 Powers
Article 23 Procedure
Section B: The Executive
Article 24 The Presidential Council
Article 25 The President and the Vice-President of the Council
Article 26 The Departments
Article 27 Representation of the
Presidential Council
Article 28 The administration of the
{common state}
Article 29 The {common state} police 31
Section C: Independent Officers and Institutions
Article 30
Central Bank of Cyprus
Article 31 Other independent officers
Article 32 The office of the Attorney-General and the Deputy
Attorney-General
Article 33 The office of the Auditor-General
and the Deputy Auditor-General
Section D: The Judiciary
Article 34 The Supreme Court of Cyprus
Part V: Amendments of
this Constitution
Article 35 Amendments of this Constitution
Part VI: Transitional provisions
Article 36 {component state}
institutions
Article 37 Transitional {common state} Parliament
Article 38 Transitional {common state} Head of State
Article 39
Transitional {common state} government
Article 40 Participation
of [executive heads] of {component states} in meetings of
Presidential Council
Article 41 Entry into force of accession
treaty to the European Union
Article 42 Appointment and initial
term of office of Supreme Court Judges
Article 43 Public Service
Article 44 Responsibility for debts
incurred prior to the entry into force of the Foundation Agreement
36
Article 45 Teaching of official languages
Article 46 State-owned property
Part VII: Additional Provisions
Attachment 1: Map of Cyprus and its {component states}
Attachment 2: Flag of Cyprus
Attachment 3: Anthem of Cyprus
Attachment 4: Property of the {common state}
Draft Annex II: Constitutional Laws 41
Attachment 1: Constitutional law on the elaboration and adoption
of constitutional laws 42
Attachment 2: Constitutional Law on
police matters and the Joint Investigation Agency 43
Article 1
{component state} police 43
Article 2 Joint Investigation Agency
43
Article 3 Cooperation 43
Attachment 3: Constitutional Law
on internal {component state} citizenship status 44
Article 1
Internal {component state} citizenship status upon entry into force
of the Foundation Agreement 44
Article 2 Acquisition of internal
{component state} citizenship status 44
Article 3 Exercise of political rights at the {component state} level 44
Article 4 Supreme Court injunctions on entry or residence 44
Article 5 Permissible limitation on residency of non-Cypriots 45
Article 6 Permissible limitation on residency of Cypriots 45
Article 7 Permissible transitional limitations on residency 45
Draft Annex III: {Common state} Legislation upon entry into force of
the Foundation Agreement 47
Attachment 1: Law on the anthem, flag, insignia and honours of
Cyprus (and their use) 48
Attachment 2: Law on conduct of
external relations 49
Article 1 Composition of diplomatic
missions of Cyprus 49
Attachment 3: Law on conduct of European
Union relations 50
Attachment 4: Law on Cypriot citizenship 51
Article 1 General provisions 51
Article 2 [Dual citizenship] 51
Article 3 Cypriot citizenship upon entry into force of the
Foundation Agreement 51
Article 4 Acquisition of Cypriot
citizenship 51
Article 5 Acquisition by naturalisation 52
Article 6 Acquisition by facilitated naturalization 52
Article 7
Loss of Cypriot citizenship 52
Article 8 Passports 52
Article 9 The Citizenship Board 52
Article 10 Implementation of
this law 53
Article 11 Review of decisions on citizenship 53
Article 12 Transitional rules and regulations 53
Attachment 5:
Law on aliens, immigration and asylum 54
Article 1 General
provisions 54
Article 2 Entry and residency rights of Greek and
Turkish nationals 54
Article 3 Asylum 54
Article 4 The
Aliens Board 55
Article 5 Implementation of this law 55
Article 6 Review of decisions on immigration, asylum, deportation
and extradition 55
Article 7 Transitional rules and regulations
55
Attachment 6: Law on the Central Bank 56
Part I:
Transitional Provisions 56
Article 1 Exchange of deposits of
citizens and residents of Cyprus 56
Attachment 7: Law on {common
state} taxation and finances 57
Article 1 Transfer to {component
states} 57
Attachment 8: Law on {common state} budget 58
Article 1 Carry over of previous budget 58
Attachment 9: Law on
international trade, customs and excise 59
Attachment 10: Law on
aviation and airspace management 60
Attachment 11: Law on
international navigation, territorial waters, and continental shelf
61
Attachment 12: Law on postal services 62
Attachment 13:
Law on communications 63
Attachment 14: Law on meteorology 64
Attachment 15: Law on weights and measures 65
Attachment 16: Law
on intellectual property 66
Attachment 17: Law on antiquities 67
Attachment 18: Law on election to popularly elected {common state}
offices 68
Attachment 19: Law on {common state} administration
69
Attachment 20: Law on {common state} police 70
Attachment
21: Law on legislative procedure and on procedure for amendments of
the Constitution 71
Attachment 22: Law on administration of
justice 72
Article 1 Judges of the Supreme Court 72
Article
2 The Chief Justice 72
Article 3 Seniority of judges 72
Article 4 Judiciary Board 72
Article 5 Partial periodic renewal
of the Supreme Court 73
Article 6 Transitional Supreme Court 73
Attachment 23: Law on {common state} offences 74
Draft Annex IV: Cooperation Agreements between {common state} and
{component states} upon entry into force of the Foundation Agreement
Attachment 1: Cooperation Agreement on external relations 76
Attachment 2: Cooperation Agreement on European Union relations 77
Article 1 Scope of agreement 77
Article 2 Duty to inform 77
Article 3 Decision-making 77
Article 4 Representation 78
Article 5 Legal action 78
Article 6 Adaptation 78
Article 7
Presidency 78
Article 8 Disputes resulting from the application
of this agreement 79
Attachment 3: Cooperation Agreement on
police matters 80
Draft Annex V: List of International Treaties binding on Cyprus
upon entry into force of the Foundation Agreement 81
Draft Annex VI: Territorial Arrangements 82
Article 1 Delineation of {component state} boundaries 82
Article 2 Access and connecting roads 82
Article 3 Water
resources 83
Article 4 Phasing of territorial adjustment 83
Article 5 Current inhabitants 83
Article 6 Properties 84
Attachment 1: Map of territorial adjustment 85
Draft Annex VII: Treatment of Property affected by Events since
1963 86
Part I: General articles 87
Article 1 General provisions 87
Article 2 The Cyprus Property Board 87
Article 3 Property in
areas subject to territorial adjustment 87
Article 4 Religious
sites 87
Part II: Regulation of exercise of property rights 88
Article 5 Suspension of dealings, proceedings or alterations with
respect to affected property 88
Article 6 Claims and
applications 88
Article 7 Liability for damage 89
Section A:
Compensation 89
Article 8 Entitlement to full and effective
compensation 89
Article 9 Property owned by institutions 89
Article 10 Property used for public benefit purposes 89
Article
11 Property required for military purposes 90
Article 12
Property currently used by dispossessed owners 90
Article 13
Property currently used by subsequent purchasers from dispossessed
owners 90
Article 14 Significantly improved property 91
Section B: Reinstatement into possession 91
Article 15
Eligibility for reinstatement 91
Article 16 Agreed levels of
reinstatement 91
Article 17 Moratorium for reinstatement 92
Article 18 Improvements on reinstated property 92
Section C:
Sale, exchange and long-term lease 92
Article 19 Option to sell,
exchange or lease 92
Article 20 Incentives for dispossessed
owners to sell, exchange or lease 93
Part III: Loss of use 93
Article 21 Compensation for loss of use 93
Part IV: Judicial review 93
Article 22 The Property Court 93
Part V: Amendment 94
Attachment 1: Definitions 95
Article 1
Definitions 95
Attachment 2: The Cyprus Property Board and
compensation arrangements 98
Section A: Establishment,
operation, powers, staff and costs of The Cyprus Property Board 98
Article 1 Establishment and conduct of the Cyprus Property Board 98
Article 2 Membership 98
Article 3 Powers 99
Article 4
Obligations of the {common state} and the {component states} in
respect of the Property Board 100
Article 5 Obligations of
{common state} and {component state} courts and competent
authorities 101
Article 6 Staff 101
Article 7 Costs 102
Article 8 Period of operation of the Property Board 102
Section
B: Handling of property transferred to or via the Property Board 103
Article 9 Handling of property transferred to or via the Property Board
103
Section C: Decision-making and claims for affected property 104
Article 10 Decision-making 104
Article 11 Claims procedure 104
Article 12 Determination of claims and applications 105
Article
13 Decisions on reinstatement 106
Section D: Assistance with
sale, exchange or lease 106
Article 14 Assistance with sale,
exchange or lease 106
Article 15 Standard form lease 107
Article 16 Sale, exchange and lease: other assistance 107
Section E: Compensation fund and bonds 108
Article 17
Compensation Fund 108
Article 18 Use of compensation bonds 108
Attachment 3: Measures in favour of current users 109
Section A:
Extension of deadlines for vacating affected property 109
Article 1 Property occupied by current users with sufficient
financial means 109
Article 2 Property occupied by current users
without sufficient financial means 109
Article 3 Payment of rent
to dispossessed owner up to reinstatement 110
Section B:
Preferential loans 110
Article 4 Preferential loans 110
Section C: Right of first refusal 111
Article 5 Right of first
refusal for current user and others in sales of affected property
111
Attachment 4: Property located in areas subject to
territorial adjustement 112
Article 1 Application of these
provisions to property in areas subject to territorial adjustment
112
Article 2 Reinstatement of dispossessed owners 112
Article 3 Improved properties 112
Article 4 Owners of property
in areas subject to territorial adjustment who wish to leave 113
Article 5 Current users of property in areas subject to territorial
adjustment 113
Draft Annex VIII: Reconciliation Commission 114
Article 1 Establishment 114
Article 2 Aims 114
Article 3
Powers 114
Article 4 Composition 115
Article 5 Duration 115
Article 6 Costs 116
Article 7 Recommendations and reports 116
Article 8 Follow-Up Procedures 116
Draft Annex IX: Coming into Being of the New State of Affairs
117
Article 1 Conduct of separate simultaneous referenda 117
Article 2 Entry into force of the Foundation Agreement 117
Article 3 Flag-raising ceremonies 118
Article 4 The United
Nations 118
Draft Annex X: Calendar of Implementation 119
APPENDIX B: MEASURES TO ACCOMPANY AND FACILITATE THE FINALIZATION
PROCESS 120
Article 1 Finalization of Foundation Agreement 120
Article 2
Committees to finalize Foundation Agreement 120
Article 3 Flag
and anthem competition 120
Article 4 {component state}
constitutions and legislation 121
Article 5 Measures to promote
confidence 121
Article 6 Transitional Supreme Court judges 121
Article 7 Import and distribution licenses 122
Article 8 Missing
persons 122
APPENDIX C: TREATY BETWEEN CYPRUS, GREECE, TURKEY AND THE UNITED
KINGDOM ON MATTERS RELATED TO THE NEW STATE OF AFFAIRS IN CYPRUS 123
Article 1 Approval of Foundation Agreement 123
Article 2
Monitoring Committee 123
Article 3 Additional Protocol to the
Treaty of Guarantee 123
Article 4 Additional Protocol to the
Treaty of Alliance 124
Article 5 Transitional Security
Arrangements 124
Article 6 Entry into force 124
Draft Annex
I: Foundation Agreement 125
Draft Annex II: Additional Protocol
to the Treaty of Guarantee 126
Article 1 126
Article 2 126
Draft Annex III: Additional Protocol to the Treaty of Alliance 127
Article 1 127
Article 2 127
Article 3 127
Article 4 127
Attachment 1: composition, equipment, locations and activities of
Greek and Turkish Contingents 129
Article 1 Composition 129
Article 2 Weapons and equipment 129
Article 3 Activities 130
Article 4 Facilities 130
Article 5 Training fields 130
Article 6 Movement 130
Article 7 Notice 131
Draft Annex IV:
Transitional Security Arrangements 132
Article 1 Dissolution of
Greek Cypriot and Turkish Cypriot forces, including reserve units
132
Article 2 Adjustment of Greek and Turkish forces 132
APPENDIX D: MATTERS TO BE SUBMITTED TO THE UNITED NATIONS
SECURITY COUNCIL FOR DECISION 133
APPENDIX E: REQUESTS TO THE EUROPEAN UNION WITH RESPECT TO THE
ACCESSION OF CYPRUS 135
Protocol requested to be attached to the Act concerning the
conditions of accession of Cyprus to the European Union 135
Article 1 Arrangements relating to property and residency rights 136
Article 2 Safeguard measures 137
Article 3 Entry and residency
rights of Turkish nationals 137
Article 4 The European Security
and Defence Policy 137
Paragraph requested to be included in the
conclusions of the Copenhagen European Council 138
BASIS FOR
AGREEMENT ON A COMPREHENSIVE SETTLEMENT OF THE CYPRUS PROBLEM
We, the democratically elected leaders of the Greek Cypriots and the
Turkish Cypriots, through negotiations under the auspices of the
Secretary-General of the United Nations in which each side
represented itself, and no-one else, as the political equal of the
other, have freely agreed to settle the Cyprus Problem in all its
aspects in the following comprehensive manner:
Article 1 Foundation Agreement
1. The main articles of the appended Foundation Agreement are hereby
agreed, as is the substance of the specially marked parts of the
Annexes thereto and the map delineating the boundary between the
{component states}. The Draft Annexes as a whole are hereby accepted
as a basis for agreement to be finalized no later than 28 February
2003.
2. The finalization of all Draft Annexes shall be accompanied and
facilitated by the appended measures.
3. The Secretary-General is invited to certify the results of the
finalization process, and to include his suggestions, if any are
indispensable, to finalize the Agreement.
4. That finalized Foundation Agreement shall be submitted by each
side to referendum on 30 March 2003, together with other specified
matters related to the coming into being of the new state of
affairs, including accession to the European Union.
5. Should the Foundation Agreement not be approved at the separate
simultaneous referenda, it shall be null and void, and the
commitments undertaken in this Comprehensive Settlement shall have
no further legal effect.
Article 2 Treaty on matters related to the new state of affairs in
Cyprus
Upon entry into force of the Foundation Agreement, the Co-Presidents
of Cyprus shall, on invitation and in the presence of the
Secretary-General of the United Nations (or his representative),
sign the appended Treaty with Greece, Turkey and the United Kingdom,
which shall be registered as an international treaty in accordance
with Article 102 of the Charter of the United Nations.
Article 3 Matters to be submitted to the United Nations Security
Council for decision The Secretary-General of the United Nations is
invited to request the Security Council to take decisions as
appended.
Article 4 Conditions of accession to the European Union
Pursuant to the willingness of the European Union to accommodate the
terms of a comprehensive settlement and to assist its
implementation, as expressed in the conclusions of the Brussels
European Council of 24 and 25 October, the requests to the European
Union to attach the appended Protocol to the Act concerning the
conditions of accession of Cyprus to the European Union, and to
include the appended paragraph in the conclusions of the Copenhagen
European Council, are hereby agreed.
Glafcos Clerides Rauf Denktash
For the Greek Cypriot side For the Turkish Cypriot side
The Hellenic Republic, the Republic of Turkey, and the United
Kingdom of Great Britain and Northern Ireland hereby agree with this
Comprehensive Settlement of the Cyprus Problem, and commit
themselves to sign together with Cyprus the appended Treaty on
matters related to the new state of affairs in Cyprus, which shall
be registered as an international treaty in accordance with Article
102 of the Charter of the United Nations.
Signature Signature Signature
Hellenic Republic United Kingdom Republic of Turkey
of Great Britain and Northern Ireland
Witnessed by
Kofi A. Annan
Secretary-General of the United Nations
Appendices to the Comprehensive Settlement of The Cyprus
Problem:
* Appendix A: Foundation Agreement
* Appendix B: Measures to accompany and facilitate the finalization
process
* Appendix C: Treaty between Cyprus, Greece, Turkey and the United
Kingdom on matters related to the new state of affairs in Cyprus
* Appendix D: Matters to be submitted to the United Nations Security
Council for decision
Appendix E: Requests to the European Union with respect to the
accession of Cyprus to the European Union
Table of Contents of Appendices
APPENDIX A: FOUNDATION AGREEMENT
Draft
Annex I: Constitution of Cyprus
Attachment 1: Map of
Cyprus and its {component states}
Attachment 2: Flag of
Cyprus
Attachment 3: Anthem of Cyprus
Attachment
4: Property of the {common state}
Draft Annex II:
Constitutional Laws
Attachment 1: Constitutional law on
the elaboration and adoption of constitutional laws
Attachment 2: Constitutional Law on police matters and the Joint
Investigation Agency
Attachment 3: Constitutional Law on
internal {component state} citizenship status
Draft
Annex III: {Common state} Legislation upon entry into force of
the Foundation Agreement
Attachment 1: Law on the anthem, flag,
insignia and honours of Cyprus (and their use)
Attachment 2: Law on conduct of external relations
Attachment 3: Law on conduct of European Union relations
Attachment 4: Law on Cypriot citizenship
Attachment
5: Law on aliens, immigration and asylum
Attachment 6:
Law on the Central Bank
Attachment 7: Law on {common
state} taxation and finances
Attachment 8: Law on {common state} budget
Attachment 9: Law on international trade, customs and excise
Attachment 10: Law on aviation and airspace management
Attachment 11: Law on international navigation,
territorial waters, and continental shelf
Attachment 12:
Law on postal services
Attachment 13: Law on
communications
Attachment 14: Law on meteorology
Attachment 15: Law on weights and measures
Attachment 16: Law on intellectual property
Attachment
17: Law on antiquities
Attachment 18: Law on election to
popularly elected {common state} offices
Attachment 19:
Law on {common state} administration
Attachment 20: Law
on {common state} police
Attachment 21: Law on
legislative procedure and on procedure for amendments of the
Constitution
Attachment 22: Law on administration of
justice
Attachment 23: Law on {common state} offences
Draft Annex IV: Cooperation Agreements between {common
state} and {component states} upon entry into force of the
Foundation Agreement
Attachment 1: Cooperation Agreement
on external relations
Attachment 2: Cooperation
Agreement on European Union relations
Attachment 3:
Cooperation Agreement on police matters
Draft Annex V:
List of International Treaties binding on Cyprus upon entry into
force of the Foundation Agreement
Draft Annex VI:
Territorial Arrangements
Attachment 1: Map of
territorial adjustment
Draft Annex VII: Treatment of
Property affected by Events since 1963
Attachment 1:
Definitions
Attachment 2: The Cyprus Property Board and
compensation arrangements
Attachment 3: Measures in
favour of current users
Attachment 4: Property located
in areas subject to territorial adjustement
Draft Annex
VIII: Reconciliation Commission
Draft Annex IX: Coming into Being of the New State of
Affairs
Draft Annex X: Calendar of Implementation
APPENDIX B: MEASURES TO ACCOMPANY AND FACILITATE THE
FINALIZATION PROCESS
APPENDIX C: TREATY BETWEEN CYPRUS,
GREECE, TURKEY AND THE UNITED KINGDOM ON MATTERS RELATED TO THE
NEW STATE OF AFFAIRS IN CYPRUS
Draft Annex I: Foundation
Agreement
Draft Annex II: Additional Protocol to the
Treaty of Guarantee
Draft Annex III: Additional Protocol
to the Treaty of Alliance
Attachment 1: composition,
equipment, locations and activities of Greek and Turkish
Contingents
Draft Annex IV: Transitional Security
Arrangements
APPENDIX D: MATTERS TO BE SUBMITTED TO THE
UNITED NATIONS
SECURITY COUNCIL FOR DECISION
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 the European
Union
Paragraph requested to be included in the
conclusions of the Copenhagen European Council
APPENDIX A -
FOUNDATION AGREEMENT
i. Affirming that Cyprus is our common home and recalling that we
were co-founders of the Republic established in 1960
ii. Resolved that the tragic events of the past shall never be
repeated and renouncing forever the threat or the use of force, or
any domination by or of either side
iii. Acknowledging each other's distinct identity and integrity and
that our relationship is not one of majority and minority but of
political equality
iv. Deciding to renew our partnership on that basis and determined
that this new partnership shall ensure a common future in
friendship, peace, security and prosperity in an independent and
united Cyprus
v. Underlining our commitment to international law and the
principles and purposes of the United Nations
vi. Committed to respecting democratic principles, individual human
rights and fundamental freedoms, as well as each other's cultural,
religious, political, social and linguistic identity
vii. Determined to maintain special ties of friendship with, and to
respect the balance between, Greece and Turkey, within a peaceful
environment in the Eastern Mediterranean
viii. Looking forward to joining the European Union, and to the day
when Turkey does likewise
ix. Welcoming the Comprehensive Settlement freely reached by our
democratically elected leaders on all aspects of the Cyprus Problem,
and its endorsement by Greece and Turkey, along with the United
Kingdom
We, the Greek Cypriots and the Turkish Cypriots, exercising our
inherent constitutive power, by our free and democratic, separately
expressed common will adopt this Foundation Agreement.
Article 1 The new state of affairs
1. This Agreement establishes a new state of affairs in Cyprus.
2. Upon entry into force of this Agreement, the treaties listed in
this Agreement shall be binding on Cyprus, and the attached {common
state} legislation indispensable for the functioning of the {common
state} shall be in force.
3. The Treaty of Establishment, the Treaty of Guarantee, and the
Treaty of Alliance remain in force and shall apply mutatis mutandis
to the new state of affairs. Upon entry into force of this
Agreement, Cyprus shall sign a Treaty with Greece, Turkey and the
United Kingdom on matters related to the new state of affairs in
Cyprus, along with additional protocols to the Treaties of Guarantee
and Alliance.
4. Cyprus shall sign and ratify the Treaty of Accession to the
European Union.
5. Cyprus shall maintain special ties of friendship with Greece and
Turkey, respecting the balance established by the Treaty of
Guarantee and the Treaty of Alliance and this Agreement, and as a
European Union member state shall support the accession of Turkey to
the Union.
6. Any unilateral change to the state of affairs established by this
Agreement, in particular union of Cyprus in whole or in part with
any other country or any form of partition or secession, shall be
prohibited. Nothing in this Agreement shall in any way be construed
as contravening this prohibition.
Article 2 The State of Cyprus, its {common state} government, and
its {component states}
1. The status and relationship of the State of Cyprus, its {common
state} government, and its {component states}, is modeled on the
status and relationship of Switzerland, its federal government, and
its Cantons. Accordingly:
a. Cyprus is an independent state in the form of an indissoluble
partnership, with a {common state} government and two equal
{component states}, one Greek Cypriot and one Turkish Cypriot.
Cyprus has a single international legal personality and sovereignty
and is a member of the United Nations. Cyprus is organized under its
Constitution in accordance with the basic principles of rule of law,
democracy, representative republican government, political equality,
bi-zonality, and the equal status of the {component states}.
b. The {common state} government sovereignly exercises the powers
specified in the Constitution, which shall ensure that Cyprus can
speak and act with one voice internationally and in the European
Union, fulfill its obligations as a European Union member state, and
protect its integrity, borders and ancient heritage.
c. The {component states} are of equal status. Within the limits of
the Constitution, they sovereignly exercise all powers not vested by
the Constitution in the {common state} government, organizing
themselves freely under their own Constitutions.
2. The {component states} shall cooperate and co-ordinate with each
other and with the {common state}, including through Cooperation
Agreements, as well as through Constitutional Laws approved by the
legislatures of the {common state} and the {component states}. In
particular, the {component states} shall participate in the
formulation and implementation of policy in external and European
Union relations on matters within their sphere of competence, in
accordance with Cooperation Agreements modeled on the Belgian
example. The {component states} may have commercial and cultural
relations with the outside world in conformity with the
Constitution.
3. The {common state} and the {component states} shall fully respect
and not infringe upon the powers and functions of each other. There
shall be no hierarchy between the laws of the {common state} and
those of the {component states}. Any act in contravention of the
Constitution shall be null and void.
4. The Constitution of Cyprus may be amended by separate majority of
the voters of each {component state}.
Article 3 Citizenship
1. There is a single Cypriot citizenship. Special majority {common
state} law shall regulate eligibility for Cypriot citizenship.
2. All Cypriot citizens shall also enjoy internal {component state}
citizenship status. Like the citizenship status of the European
Union, this status shall complement and not replace Cypriot
citizenship. A {component state} may tie the exercise of political
rights at its level to its internal {component state} citizenship
status, and may limit the establishment of residence for persons not
holding this status in accordance with this Agreement. Such
limitations shall be permissible if the number of residents hailing
from the other {component state} has reached 1% of the population in
the first year and 20% in the twentieth year, rising by 3% every
three years in the intervening period. Thereafter, any limitations
shall be permissible only if one third of the population hails from
the other {component state}.
Article 4 Fundamental rights and liberties
1. Respect for human rights and fundamental freedoms shall be
enshrined in the Constitution. There shall be no discrimination
against any person on the basis of his or her gender, ethnic or
religious identity, or internal {component state} citizenship
status. Freedom of movement and freedom of residence may be limited
only where expressly provided for in this Agreement.
2. Greek Cypriots and Turkish Cypriots living in specified villages
in the other {component state} shall enjoy cultural and educational
rights and shall be represented in the {component state}
legislature.
3. The rights of religious and other minorities, including the
Maronite, the Latin and the Armenian, shall be safeguarded in
accordance with international standards, and shall include cultural
and educational rights as well as representation in {common state}
and {component state} legislatures.
Article 5 The {common state} government
1. The {common state} Parliament composed of two chambers, the
Senate and the Chamber of Deputies, shall exercise the legislative
power:
a. Each Chamber shall have 48 members. The Senate shall be composed
of an equal number of Senators from each {component state}. The
Chamber of Deputies shall be composed in proportion to population,
provided that each {component state} shall be attributed no less
than one quarter of seats.
b. Decisions of Parliament shall require the approval of both
Chambers by simple majority, including one quarter of voting
Senators from each {component state}. For specified matters, a
special majority of two-fifths of sitting Senators from each
{component state} shall be required.
2. The Office of Head of State is vested in the Presidential
Council, which shall exercise the executive power:
a. The Presidential Council shall comprise six members elected on a
single list by special majority in the Senate and approved by
majority in the Chamber of Deputies. The composition of the
Presidential Council shall be proportional to the population of the
two {component states}, though no less than one-third of the members
of the Council must come from each {component state}.
b. The Presidential Council shall strive to reach decisions by
consensus. Where it fails to reach consensus, it shall, unless
otherwise specified, take decisions by simple majority of members
voting, provided this comprises at least one member from each
{component state}.
c. The members of the Council shall be equal and each member shall
head a department. The heads of the Departments of Foreign Affairs
and European Union Affairs shall not come from the same {component
state}.
d. The offices of President and Vice-President of the Council shall
rotate every ten calendar months among members of the Council. No
more than two consecutive Presidents may come from the same
{component state}. The President, and in his absence or temporary
incapacity, the Vice-President, shall represent the Council as Head
of State and Head of Government. The President and Vice-President
shall not enjoy a casting vote or otherwise increased powers within
the Council.
e. The [executive heads] of the {component states} shall be invited
to participate without a vote in all meetings of the Council in the
first ten years after entry into force of the Agreement, and
thereafter on a periodical basis.
3. The Central Bank of Cyprus, the Office of the Attorney-General
and the Office of the Accountant-General shall be independent.
Article 6 The Supreme Court
1. The Supreme Court shall uphold the Constitution and ensure its
full respect.
2. It shall be composed of nine judges, three from each {component
state} and three non-Cypriots.
3. The Supreme Court shall, inter alia, resolve disputes between the
{component states} or between one or both of them and the {common
state}, and resolve on an interim basis deadlocks within the
institutions of the {common state} if this is indispensable to the
proper functioning of the {common state}.
Article 7 Transitional {common state} institutions
1. The {common state} institutions shall evolve during transitional
periods, after which these institutions shall operate as described
above.
2. Upon entry into force of this Agreement, the leaders of the two
sides shall become Co-Presidents of Cyprus for three years. The
Co-Presidents shall exercise the executive power during the first
year, assisted by a Council of Ministers they shall appoint. For the
following two years, the executive power shall be exercised by a
Council of Ministers elected by Parliament, and the Co-Presidents
shall together hold the office of Head of State.
3. {component state} legislatures to be elected within 40 days of
entry into force of this Agreement shall each nominate 24 delegates
(reflecting the political composition of their legislature) to a
transitional {common state} Parliament to operate for one year.
4. A transitional Supreme Court shall be appointed by the
Co-Presidents for one year.
Article 8 Demilitarization
1. Bearing in mind that:
a. The Treaty of Guarantee, in applying mutatis mutandis to the new
state of affairs established in this Agreement and the Constitution
of Cyprus, shall cover, in addition to the independence, territorial
integrity, security and constitutional order of Cyprus, the
territorial integrity, security and constitutional order of the
{component states}
b. The Treaty of Alliance shall permit Greek and Turkish
contingents, each not exceeding [insert 4-digit figure] all ranks,
to be stationed under the Treaty of Alliance in the Greek Cypriot
{component state} and the Turkish Cypriot {component state}
respectively;
c. Greek and Turkish forces and armaments shall be redeployed to
agreed locations and adjusted to agreed levels, and any forces and
armaments in excess of agreed levels shall be withdrawn;
d. There shall be a United Nations peacekeeping operation to monitor
the implementation of this Agreement and use its best efforts to
promote compliance with it and contribute to the maintenance of a
secure environment, to remain as long as the government of the
{common state}, with the concurrence of both {component states},
does not decide otherwise;
e. The supply of arms to Cyprus shall be prohibited in a manner that
is legally binding on both importers and exporters; and
f. A Monitoring Committee composed of the guarantor powers, the
{common state}, and the {component states}, and chaired by the
United Nations, shall monitor the implementation of this Agreement,
Cyprus shall be demilitarized, and all Greek Cypriot and Turkish
Cypriot forces, including reserve units, shall be dissolved, and
their arms removed from the island, in phases synchronized with the
redeployment and adjustment of Greek and Turkish forces.
2. There shall be no paramilitary or reserve forces or military or
paramilitary training of citizens. All weapons except licensed
sporting guns shall be prohibited.
3. Neither {component state} shall tolerate violence or incitement
of violence against the {common state}, the {component states}, or
the guarantor powers.
4. Cyprus shall not put its territory at the disposal of
international military operations other than with the consent of
Greece and Turkey.
Article 9 {component state} boundaries and territorial adjustment
1. The territorial boundaries of the {component states} shall be as
depicted in the map which forms part of this Agreement.
2. Areas subject to territorial adjustment which are legally part of
the Greek Cypriot {component state} upon entry into force of this
Agreement, shall be administered during an interim period no longer
than three years by the Turkish Cypriot {component state}.
Administration shall be transferred under the supervision of the
United Nations to the Greek Cypriot {component state} in agreed
phases, beginning 90 days after entry into force of this Agreement
with the transfer of administration of largely uninhabited areas
contiguous with the remainder of the Greek Cypriot {component
state}.
3. Special arrangements shall safeguard the rights and interests of
current inhabitants of areas subject to territorial adjustment, and
provide for orderly relocation to adequate alternative accommodation
in appropriate locations where adequate livelihoods may be earned.
Article 10 Property
1. Claims by property owners dispossessed by events prior to entry
into force of this Agreement shall be resolved in a comprehensive
manner in accordance with international law, respect for the
individual rights of dispossessed owners and current users, and the
principle of bi-zonality.
2. In areas subject to territorial adjustment, properties shall be
reinstated to dispossessed owners.
3. In areas not subject to territorial adjustment, the arrangements
for the exercise of property rights, by way of reinstatement or
compensation, shall have the following basic features:
a. Dispossessed owners who opt for compensation or whose properties
are not reinstated under the property arrangements shall receive
full and effective compensation on the basis of value at the time of
dispossession plus inflation;
b. Current users, being persons who have possession of properties of
dispossessed owners as a result of an administrative decision, may
apply for and shall receive title if they agree in exchange to
renounce their title to a property, of similar value and in the
other {component state}, of which they were dispossessed;
c. Current users may also apply for and shall receive title to
properties which have been significantly improved provided they pay
for value in original condition;
d. There shall be incentives for owners to sell, lease or exchange
properties to current users or other persons from the {component
state} in which a property is located;
e. Properties not covered by the above shall be reinstated five
years after entry into force of this Agreement (three years for
vacant properties), provided that no more than X% of the area and
residences in either {component state} and Y% in any given
municipality or village (other than villages specifically designated
in this Agreement) shall be reinstated to owners from the other
{component state} and
f. Current users who are Cypriot citizens and are required to vacate
property to be reinstated shall not be required to do so until
adequate alternative accommodation has been made available.
4. Property claims shall be received and administered by an
independent, impartial Property Board, composed of an equal number
of members from each {component state}, as well as non-Cypriot
members. No direct dealings between individuals shall be necessary.
Article 11 Reconciliation Commission
1. An independent, impartial Reconciliation Commission shall promote
understanding, tolerance and mutual respect between Greek Cypriots
and Turkish Cypriots.
2. The Commission shall be composed of men and women, comprising an
equal number of Greek Cypriots and Turkish Cypriots, as well as at
least one non-Cypriot member, which the Secretary-General of the
United Nations is invited to appoint in consultation with the two
sides.
Article 12 Past acts
1. Any act, whether of a legislative, executive or judicial nature,
by any authority [...] whatsoever, prior to entry into force of this
Agreement, is recognized as valid and, provided it is not
inconsistent with or repugnant to any other provision of this
Agreement, its effect shall continue following entry into force of
this Agreement. No-one shall be able to contest the validity of such
acts by reason of what occurred prior to entry into force of this
Agreement.
2. Any claims for liability or compensation arising from acts prior
to this Agreement shall, insofar as they are not otherwise regulated
by the provisions of this Agreement, be dealt with by the {component
state} from which the claimant hails.
Article 13 Entry into force and implementation
1. This Agreement shall come into being at 00:00 hours on the day
following confirmed approval by each side at separate simultaneous
referenda conducted in accordance with the Agreement.
2. Upon entry into force of this Agreement, there shall be
ceremonies throughout the island at which all flags other than those
prescribed in the Constitution are lowered, the flags of Cyprus and
of the {component states} raised in accordance with the Constitution
and relevant legislation, and the anthems of Cyprus and of the
{component states} played.
3. Upon entry into force of this Agreement, the Co-Presidents shall
inform the United Nations that henceforth the membership rights and
obligations of Cyprus in the United Nations shall be exercised in
accordance with the new state of affairs. The agreed flag of Cyprus
shall be raised at United Nations Headquarters.
4. This Agreement shall be implemented in accordance with the
binding timeframes laid down in the various parts of the Agreement
and reflected in the calendar of implementation.
Article 14 Annexes
The above main articles are reflected in detailed legal language in
the Annexes which form an integral part of this Agreement.
DRAFT ANNEX I: CONSTITUTION OF CYPRUS
PART I: GENERAL PROVISIONS 17
PART II: FUNDAMENTAL RIGHTS AND LIBERTIES 20
PART III: THE {COMMON STATE} AND THE {COMPONENT STATES} 21
PART IV: {COMMON STATE} INSTITUTIONS 25
Section A: The Legislature 26
Section B: The Executive 28
Section C: The Independent Officers and Institutions 31
Section D: The Judiciary 32
PART V: AMENDMENTS OF THIS CONSTITUTION 33
PART VI: TRANSITIONAL PROVISIONS 33
PART VII: ADDITIONAL PROVISIONS 36
ATTACHMENT 1: MAP OF CYPRUS AND ITS {COMPONENT STATES} 37
ATTACHMENT 2: FLAG OF CYPRUS 38
ATTACHMENT 3: ANTHEM OF CYPRUS 39
ATTACHMENT 4: PROPERTY OF THE {COMMON STATE} 40
Part I: GENERAL PROVISIONS
Article 1 The State of Cyprus
1. Cyprus is an independent and sovereign state with a single
international legal personality and a {common state} government and
consists of a Greek Cypriot {component state} and a Turkish Cypriot
{component state}.
2. The independence, territorial integrity, security, and
constitutional order of Cyprus shall be safeguarded and respected by
all.
3. Union of Cyprus in whole or in part with any other country, any
form of partition or secession, and any other unilateral change to
the state of affairs established by the Foundation Agreement and
this Constitution shall be prohibited.
4. The flag of Cyprus shall be [insert description of agreed flag],
as attached to this Constitution. The flag of Cyprus shall be flown
alone or together with the flag of the European Union on {common
state} government buildings.
5. The anthem of Cyprus shall be [insert name of agreed anthem], as
attached to this Constitution.
6. Cyprus shall be organised under this Constitution in accordance
with the basic principles of rule of law, democracy, representative
republican government, political equality of Greek Cypriots and
Turkish Cypriots, bi?zonality and the equal status of the {component
states}.
Article 2 The {component states}
1. The {component states} are of equal status. Each {component
state} exercises its authority within the limits of this
Constitution and its territorial boundaries as set out the
attachment to this Constitution.
2. The {component states} shall organize themselves freely within
the limits of this Constitution and in conformity with the basic
principles of rule of law, democracy, and representative republican
government under their own Constitutions.
3. The identity, territorial integrity, security and constitutional
order of the {component states} shall be safeguarded and respected
by all.
4. The {component states} shall have their own anthems and flags.
The {component state} flag shall be flown on {component state}
government buildings, along with and in the same manner as the flag
of Cyprus and, if {component state} law so provides, that of the
European Union. No other flags shall be flown on {component state}
government buildings or public property.
5. Each {component state} shall determine and observe its own
holidays in addition to those of the {common state}.
Article 3 Constitution as supreme law
1. This Constitution, having been democratically adopted by the
Greek Cypriots and the Turkish Cypriots through their separately
expressed common will, is the supreme law of the land and is binding
on all authorities of the {common state} and the {component states}.
Any act by the {common state} or either {component state} in
contravention of this Constitution shall be null and void.
2. The {common state} shall fully respect and not infringe upon the
powers and functions of the {component states} under this
Constitution. Each {component state} shall fully respect and not
infringe upon the powers and functions of the {common state} or the
other {component state} under this Constitution. There shall be no
hierarchy between the laws of the {common state} and those of the
{component states}.
3. The Supreme Court shall uphold this Constitution and ensure its
full respect by the organs of the {common state} and the {component
states}.
Article 4 Rule of law
1. The law is the basis of and limitation for all acts of government
at all levels.
2. All acts of government at all levels shall conform with the
principles of public interest, proportionality and good faith.
3. The {common state} as well as the {component states} shall
respect international law, including all treaties binding upon
Cyprus, which shall be considered an integral part of this
Constitution.
Article 5 Secular nature of Cyprus and its {component states}
1. The State of Cyprus and its {component states} are secular.
2. Religious functionaries shall not hold elected or appointed
political or public office.
Article 6 Demilitarisation of {common state} and {component states}
1. The {common state} and the {component states} shall be
demilitarized. There shall be no paramilitary or reserve forces or
military or paramilitary training of citizens.
2. Cyprus shall not put its territory at the disposal of
international military operations other than with the consent of
Greece and Turkey.
3. All weapons, except licensed sporting guns, shall be prohibited.
4. Neither {component state} shall tolerate violence or the
incitement of violence against the {common state}, the {component
states}, or the guarantor powers by persons, groups or organisations
operating within its boundaries.
5. The provisions of this Article are without prejudice to the
provisions of the Treaty of Establishment, the Treaty of Guarantee,
the Treaty of Alliance, the mandate of a UN peacekeeping operation
in Cyprus and the provisions of this Constitution on {common state}
and {component state} police and the Joint Investigation Agency.
Article 7 The official languages and promulgation of official acts
1. The official languages of the {common state} are Greek and
Turkish. The use of English for official purposes shall be regulated
by law.
2. Legislative, executive, administrative and judicial acts and
documents of the {common state} shall be drawn up in all official
languages and shall, unless otherwise provided, be promulgated by
publication in the official Gazette of Cyprus in all official
languages.
3. All persons shall have the right to address the authorities of
the {common state} in any of the official languages and to be
addressed in that same language.
4. The official languages of the {common state} shall be taught
mandatorily to all secondary school students.
Article 8 Official Holidays of the {common state}
1. The National Holiday of Cyprus shall be the day of the referenda
on the Foundation Agreement.
2. In addition to Sundays, the following official holidays shall be
observed throughout Cyprus:
a. 1 January (New Year's Day);
b. 1 May (Labour Day);
c. 25 December (Christmas);
d. Good Friday;
e. Easter Monday;
f. The first day of Ramadan/Sheker Bayram;
g. The first day of Kurban Bayram; and
h. The birthday of the Prophet Mohammed.
3. Public servants of the {common state} shall be entitled to
observe, in addition to the above, the official holidays of either
one {component state} or the other.
Part II: FUNDAMENTAL RIGHTS AND LIBERTIES
Article 9 Fundamental Rights
1. In accordance with Article 4(3) of this Constitution, the
European Convention on the Protection of Human Rights and
Fundamental Freedoms and its Additional Protocols which are in force
for Cyprus and the United Nations Covenant on Civil and Political
Rights shall be an integral part of this Constitution.
2. There shall be no discrimination against any person on the basis
of his or her gender, ethnic or religious identity, or internal
{component state} citizenship status.
3. There shall be freedom of movement and freedom of residence
throughout Cyprus, except as otherwise expressly provided in this
Constitution or any other parts of the Foundation Agreement or a
Constitutional Law.
4. The rights of religious and other minorities, including the
Maronite, the Latin and the Armenian, shall be safeguarded. The
{common state} and the {component states} shall, within their
respective spheres of competence, afford minorities the status and
rights foreseen in the European Framework Convention for the
Protection of National Minorities, in particular the right to
administer their own cultural and educational affairs and to be
represented in the legislature.
5. Greek Cypriots residing in the Karpas villages of
Rizokarpaso/Dipkarpaz, Agialousa/Yeni Erenkvy, Agia Trias/Sipahi,
Melanarga/Adacay, and Maronites residing in the villages of Agia
Marina/Gurpinar, Asomatos/Vzhan, Karpasha/Karpasa and
Kormakiti/Korugam, and Turkish Cypriots residing in the Tillyria
villages of Amadhies/Gunebakan, Limnitis/Yesilyirmak,
Selemani/Suleymaniye, Xerovounos/Kurutepe and Agios
Georgios/Madenlikvy, as well as the Mesaoria villages of Pyla and
[insert other villages with more than 20% Turkish Cypriots in 1960
should they fall within the area of territorial adjustment] shall,
within the {component states} in which these villages are situated,
enjoy the right to administer their own cultural and educational
affairs and to be represented in the {component state} legislature..
Article 10 Citizenship
1. There is a single Cypriot citizenship.
2. All persons holding Cypriot citizenship shall also enjoy internal
{component state} citizenship status as provided for by
Constitutional Law. Such status, like the European Union citizenship
status, is complementary to and does not replace Cypriot
citizenship.
3. Where any provision of this Constitution or of the Foundation
Agreement refers to the {component state} origins of a person (or
where a person hails from), the criterion shall be the holding of
internal {component state} citizenship status. Persons holding the
internal {component state} citizenship status of both {component
states} shall be considered to be from the {component state} in
which they reside or last resided.
Article 11 Exercise of political rights
Cypriot citizens who are at least 18 years old shall enjoy political
rights at the {common state} level and exercise them at their place
of legal residency.
Part III: THE {COMMON STATE} AND THE {COMPONENT STATES}
Article 12 Competences and functions of the {common state}
1. The {common state} shall, in accordance with this Constitution,
sovereignly exercise legislative and executive competences in the
following matters:
a. External relations, including conclusion of international
treaties and defence policy;
b. Relations with the European Union;
c. Central Bank functions, including issuance of currency, monetary
policy and banking regulations;
d. ommon state} finances, including budget and all indirect taxation
(including customs and excise), and {common state} economic and
trade policy;
e. Meteorology, aviation, international navigation and the
continental shelf and territorial waters of Cyprus;
f. Communications (including postal, electronic and
telecommunications);
g. Cypriot citizenship (including issuance of passports) and
immigration (including asylum, deportation and extradition of
aliens);
h. Combating terrorism, drug trafficking, money laundering and
organised crime;
i. Pardons and amnesties;
j. Intellectual property and weights and measures; and
k. Antiquities
2. Incidental to the above competences and to other provisions of
this Constitution, the {common state} shall exercise legislative and
executive competences over {common state} administration (including
public service, {common state} police, as well as its independent
institutions and officers); {common state} elections and referenda;
offences against {common state} laws; administration of justice by
the Supreme Court; {common state} property, including public works
for {common state} facilities and expropriation; and like matters
which are clearly incidental to the specified powers of the {common
state}.
3. The {common state} shall, as appropriate, entrust the
implementation of its laws including the collection of certain forms
of taxes, to {component state} authorities.
4. Obligations of the {common state} under international treaties
shall be implemented by the {common state} or {component state}
authority which enjoys legislative competence in the subject matter
to which the treaty pertains.
5. The {common state} shall confer upon the {component states} a
portion of its revenue from indirect taxation as provided for by
special majority law.
Article 13 Competences and functions of the {component states}
1. The {component states} shall, within the limits of this
Constitution, sovereignly exercise within their territorial
boundaries all competences and functions not vested by this
Constitution in the {common state}.
2. The {component states} shall have primary criminal jurisdiction
over offences against {common state} laws, unless such jurisdiction
is reserved for the Supreme Court of Cyprus by {common state}
legislation.
3. The police of a {component state} shall be stationed and operate
exclusively within that {component state} and shall be responsible
for the protection and enforcement of law and order and public
safety within that {component state}, including offences against
{common state} laws, without prejudice to the functions of the
{common state} police and the Joint Investigation Agency. A
Constitutional Law shall regulate the strength and equipment of
{component state} police and a Cooperation Agreement between the
{common state} and the {component states} shall provide for
cooperation on police matters.
Article 14 Cooperation and coordination
1. Where expressly provided for in this Constitution, legislative
matters may be regulated in a manner binding upon the {common state}
and the {component states}, through Constitutional Laws. Such laws
shall be approved by the legislatures of the {common state} and the
{component states} in accordance with procedures set down in a
Constitutional Law and shall have precedence over any other {common
state} of {component state} laws.
2. The {component states} may conclude agreements with each other or
with the {common state}. Such agreements may create common
organizations and institutions on matters within the competence of
the parties.
3. The {component states} shall strive to coordinate or harmonize
their policy and legislation, including through agreements, common
standards and consultations wherever appropriate, in particular on
the following matters:
a. Tourism;
b. Protection of the environment and use and conservation of energy
and natural resources, including water;
c. Fisheries and agriculture;
d. Industry and commerce, including insurance, consumer protection,
professions and professional associations;
e. Zoning and planning, including for overland transport;
f. Sports and education;
g. Health, including regulation of tobacco, alcohol and drugs, and
veterinary matters;
h. Social security and labour;
i. Family, company and criminal law; and
j. Acceptance of validity of documents.
4. Either {component state} or any branch of the {common state}
government may initiate the coordination or harmonization process.
5. Agreements on such coordination or harmonization shall be
approved by the competent branch of the {component state}
governments and, if {common state} participation is required, by the
competent branch of the {common state}.
6. The {common state} shall support, both financially and
logistically, cooperative endeavours between the {component states}
or between municipalities and villages located in different
{component states}.
7. The {common states} and the {component states} shall accept as
valid documents issued by government authorities and educational,
medical and other public service institutions.
Article 15 Joint Investigation Agency
There shall be a Joint Investigation Agency, comprising {common
state} and {component state} police personnel and reporting to the
Attorney-General. Its composition and functions, as well as the
strength and equipment of the {common state} and {component state}
police, shall be regulated by Constitutional Law.
Article 16 External relations
1. Cyprus shall maintain special ties of friendship with Greece and
Turkey, respecting the balance established by the Treaty of
Guarantee and the Treaty of Alliance and the Foundation Agreement.
2. The {component states} shall be consulted on {common state}
decisions on external relations that affect their competences.
3. The {component states} may appoint representatives on commercial
and cultural matters, who shall be accredited as part of diplomatic
missions of Cyprus.
4. The {component states} may also conclude agreements on commercial
and cultural matters with authorities of States that have relations
with Cyprus, provided that such agreements do not cause prejudice to
Cyprus, the authority of the {common state} government, or the other
{component state}, and are compatible with the European Union
membership of Cyprus.
5. In the exercise of the powers conferred by paragraphs 3 and 4 of
this Article, the following procedures shall be observed:
a. The {component states} shall use the channel of the {common
state} ministry of foreign affairs for contacts at a political level
with foreign governments; and
b. The {component states} may have direct contacts with sub-entities
or subordinate authorities of other states. In this case they shall
inform the {common state} ministry of foreign affairs upon starting
negotiations on any agreement with such authorities and continue to
advise on the progress and outcome of such negotiations.
6. A Cooperation Agreement between the {common state} and the
{component states} on external relations shall regulate the
implementation of this Article.
Article 17 Cyprus as a member of the European Union
1. Cyprus shall be a member of the European Union.
2. The governments of the {component states} shall participate in
the formulation of the policy of Cyprus in the European Union.
3. Cyprus shall be represented in the European Union by the {common
state} government in its areas of competence or where a matter
predominantly concerns an area of its competence. Where a matter
falls predominantly or exclusively into an area of competence of the
{component states}, Cyprus may be represented either by a {common
state} or a {component state} representative, provided the latter is
able to commit Cyprus.
4. Obligations of Cyprus arising out of European Union membership
shall be implemented by the {common state} or {component state}
authority which enjoys legislative competence for the subject matter
to which an obligation pertains.
5. If a {component state} fails to fulfil obligations of Cyprus
vis-`-vis the European Union within its area of competence and
Cyprus may be held responsible by the Union, the {common state}
shall, after notification of no less than 90 days, take necessary
measures in lieu of the defaulting {component state}, to be in force
until such time as that {component state} discharges its
responsibilities.
6. Paragraphs 2-5 of this Article shall be the subject of a
Cooperation Agreement between the {common state} and the {component
states}.
7. Amendments to the treaties on which the European Union is founded
or acts of accession of any applicant states to the European Union
which require ratification by all member states of the European
Union, shall be ratified by Cyprus unless this is opposed by each of
the legislatures of the {common state} and the {component states}.
The President or the Vice-President of the Presidential Council
shall be entitled to sign the respective instrument of ratification
and thereby bind Cyprus.
8. No provision of this Constitution shall invalidate laws, acts or
measures by the {common state} or the {component states} required by
the obligations of European Union membership, or prevent laws, acts
or measures by the European Union, or institutions thereof, from
having the force of law throughout Cyprus.
Part IV: {COMMON STATE} INSTITUTIONS
Article 18 Eligibility and incompatibility and discharge of duties
1. Unless otherwise provided by this Constitution or law, a person
shall be qualified to be elected or appointed to serve in the
{common state} institutions if he or she is a citizen of Cyprus and
has reached the age of 18.
2. Unless otherwise provided by this Constitution or law, no person
may be a member of more than one branch of the {common state}
government or the {common state} government and a {component state}
government.
3. Persons elected to or appointed to serve in the {common state}
institutions shall act in the best interests of the {common state}.
Article 19 {common state} immunities and exemptions
1. Members of Parliament, the Presidential Council, the Supreme
Court and the Board of the Central Bank of Cyprus, as well as the
Independent Officers, shall enjoy immunity from arrest or judicial
prosecution unless {common state} law provides otherwise.
2. {common state} property used for official purposes shall be
exempt from the application of {component state} legislation,
including taxation. Such property shall be under the direct and sole
authority of the {common state}. The {component states} shall assist
the {common state} police in assuring the safety of {common state}
property located within their territorial boundaries.
Section A: The Legislature
Article 20 Composition and election of Parliament
1. The {common state} Parliament shall be composed of two Chambers:
the Senate and the Chamber of Deputies.
2. Each Chamber shall have 48 members, elected for five years on the
basis of proportional representation. The {component states} shall
serve as electoral precincts unless special majority law provides
otherwise, in which case each precinct may have no less than ten
seats.
3. The Senate shall be composed of an equal number of senators from
each {component state}. The people of each {component state} shall
elect, on a proportional basis, 24 members of the Senate.
4. The Chamber of Deputies shall be composed of deputies from both
{component states}, with seats attributed on the basis of the number
of registered residents in each {component state} provided that each
{component state} shall be attributed a minimum of one quarter of
the seats. A deputy may not at the same time be a member of either
{component state} legislature.
5. The Maronite, Latin and Armenian minorities shall each be
represented by no less than one deputy. Members of such minorities
shall be entitled to vote for the election of such deputies
irrespective of their place of residency in Cyprus. Such deputies
shall be counted against the quota of the {component state} where
the majority of the members of the respective minority reside.
Article 21 Organisation
1. The law shall regulate the time and duration of the ordinary
sessions of the {common state} Parliament. At any time, the
Presidential Council or one quarter of sitting members of either
Chamber may convene Parliament for an extraordinary session.
2. Each Chamber shall elect a President and two Vice-Presidents, one
from each {component state}, for a period of one year. The
Presidents of the two Chambers shall not come from the same
{component state}. The Vice President who does not come from the
same {component state} as the President of the relevant Chamber
shall be the First Vice-President of that Chamber.
3. Each Chamber shall organise its own committees in accordance with
the law.
4. Each Chamber shall require the presence of a majority of sitting
members in order to take decisions.
5. The law shall regulate the obligation of members of Parliament to
attend meetings and the consequences of failure to do so without
authorization.
Article 22 Powers
1. Parliament shall legislate and take decisions.
2. Parliament shall approve international treaties for
ratification, except where it has delegated that power to the
Presidential Council.
3. Parliament shall elect and oversee the functioning of the
Presidential Council.
4. Parliament may by special majority impeach members of the
Presidential Council and of organs of the independent institutions,
and independent officers, for grave violations of their duties or
serious crimes.
5. Parliament shall adopt the {common state} budget.
Article 23 Procedure
1. Unless otherwise specified, decisions of Parliament need the
approval of both Chambers with simple majority of members present
and voting, including one quarter of senators present and voting
from each {component state}.
2. A special majority comprising at least two fifths of sitting
senators from each {component state}, in addition to a simple
majority of deputies present and voting, shall be required for:
a. Ratification of international agreements on matters which fall
within the legislative competence of the {component states}
b. Ratification of treaties and adoption of laws and regulations
concerning the airspace, continental shelf and territorial waters of
Cyprus;
c. Adoption of laws and regulations concerning citizenship,
immigration, and taxation;
d. Approval of the {common state} budget;
e. Election of the Presidential Council; and
f. Other matters which specifically require special majority
approval pursuant to other provisions of this Constitution.
3. The law shall provide for a conciliation mechanism between the
Chambers of Parliament.
Section B: The Executive
Article 24 The Presidential Council
1. The Office of Head of State is vested in a six-member
Presidential Council, which shall exercise the executive power.
2. The members of the Presidential Council shall be elected by
Parliament for a fixed five-year term on a single list by special
majority.
3. Members of the Presidential Council shall not hold any other
public office or private position.
4. The members of the Presidential Council shall continue to
exercise their functions after expiry of their term in office until
a new Council has been elected.
5. In the event of a vacancy in the Council, a replacement shall be
elected by Parliament by special majority for the remainder of the
term of office.
6. The composition of the Presidential Council shall be proportional
to the population of the two {component states} though at least two
members must hail from each {component state}.
7. The Presidential Council shall strive to reach all decisions by
consensus. Where it fails to reach consensus, it shall make
decisions by simple majority of members voting unless otherwise
stated in this Constitution. Such majority must in all cases
comprise at least one member from each {component state}.
8. The members of the Presidential Council shall be equal. Any
member of the Council shall be able to place an item on the agenda
of the Council.
9. The Presidential Council may, where appropriate, invite the
[executive heads] of the {component states} to participate without a
vote in its meetings.
Article 25 The President and the Vice-President of the Council
1. The President and Vice-President of the Council shall not hail
from the same {component state}.
2. The offices of the President and Vice-President of the Council
shall rotate every ten calendar months among members of the Council
on the basis of time spent on the Council since last serving in
either office and with no more than two consecutive Presidents to
come from the same {component state}. Among members of the Council
who have spent equal time on the Council without having served as
President or Vice-President, a lot shall be drawn, unless the
members concerned agree to an order of precedence.
3. The Vice-President of the Council shall assume the duties of the
President in the absence or temporary incapacity of the President.
4. The President of the Council shall convene and chair the meetings
of the Presidential Council.
5. Neither the President nor the Vice President of the Council shall
have a casting vote.
Article 26 The Departments
1. Each member of the Presidential Council shall head a department.
2. Departments shall be attributed by decision of the Council. Where
the Council is unable to reach a decision, departments shall be
attributed on the basis of time spent on the Council; among members
who have spent equal time, a lot shall be drawn.
3. The heads of the Departments of Foreign Affairs and European
Union Affairs shall not hail from the same {component state}.
4. The heads of department shall prepare and execute decisions of
the Presidential Council.
Article 27 Representation of the Presidential Council
1. The President of the Council shall represent the Presidential
Council as Head of State.
2. In representing the Presidential Council as Head of State, the
President shall attend official functions, sign and receive
credentials of diplomatic envoys, and confer the honours of Cyprus.
3. The President of the Council shall represent Cyprus at meetings
of heads of government, unless the Presidential Council, deciding
with separate majorities of members from each {component state},
designates another member.
4. The heads of the relevant Departments/Secretariats/Ministries
shall represent Cyprus at meetings of government ministers unless
otherwise provided for by law or by agreement between the {common
state} and the {component states}.
5. Where an international meeting is likely to address vital
interests of a {component state}, and the Council representative to
that meeting hails from the other {component state}, the Council
shall, upon special request of a majority of Council members from
the interested {component state}, appoint a member from that
{component state} to accompany the Council representative, provided
delegations to such meetings may comprise more than one person.
6. Any representative of Cyprus at international meetings shall be
bound by decisions of the Presidential Council. Where the Council
has appointed one of its members to accompany its representative in
accordance with paragraph 5 of this Article, the representative of
Cyprus shall exercise any discretion in concord with such member.
Article 28 The administration of the {common state}
1. A Public Service Commission composed of men and women hailing in
equal numbers from each {component state} shall have authority to
appoint and promote {common state} public servants. It shall take
its decisions in accordance with the law.
2. The composition of the public service shall, where not otherwise
specified in this Constitution or special majority law, be
proportional to the populationof the {component states}, though at
least one-third of the public servants at every level of the
administration must hail from each {component state}.
3. A public servant of the {common state} may not simultaneously
serve as a public servant of a {component state}.
Article 29 The {common state} police
The {common state} shall have a police composed of an equal number
of personnel hailing from each {component state}. The {common state}
police shall control Cyprus border and protect {common state}
officials, buildings and property, as well as foreign dignitaries
and diplomatic missions.
Section C: Independent Officers and Institutions
Article 30 Central Bank of Cyprus
1. The Central Bank of Cyprus shall be independent and operate in
accordance with European Union requirements.
2. It shall issue currency, determine monetary policy and the prime
lending rate, and regulate and supervise the banking sector.
3. The Central Bank shall be governed by a Board of three members,
one of whom shall be the Governor. At least one member shall hail
from each {component state} the third member may be a non-Cypriot.
4. The Governor and the other two members of Board shall be
appointed by the Presidential Council for a term of seven years.
5. The law may provide for the establishment of branches of the
Central Bank in each {component state}, and for inclusion of branch
directors in the Board of the Central Bank.
6. All decisions of the Board of the Central Bank shall be taken by
simple majority.
Article 31 Other independent officers
1. The Attorney-General and the Deputy Attorney-General and the
Auditor-General and the Deputy Auditor-General shall be appointed by
the Presidential Council for a non renewable term of office of nine
years but no longer than until their 75th birthday.
2. The Attorney-General and the Auditor-General shall not hail from
the same {component state} nor shall the Attorney-General and the
Deputy Attorney-General or the Auditor General and the
Deputy-Auditor General.
Article 32 The office of the Attorney-General and the Deputy
Attorney-General
[insert article]
Article 33 The office of the Auditor-General and the Deputy
Auditor-General
[insert article]
Section D: The Judiciary
Article 34 The Supreme Court of Cyprus
1. The Supreme Court of Cyprus shall count an equal number of judges
from each {component state} among its members. The Presidential
Council shall appoint the judges, for a renewable term of office of
seven years, in accordance with criteria and procedures stipulated
in a special majority law which shall also fix the number of judges.
2. The Supreme Court shall have exclusive jurisdiction over disputes
between the {component states} and between one or both {component
states} and the {common state}.
3. The Supreme Court shall have exclusive jurisdiction to determine
the validity of any {common state} or {component state} law under
this Constitution or any question that may arise from the precedence
of Constitutional laws. Upon request of {component state} courts or
other {common state} or {component state} authorities it may do so
in the form of a binding opinion.
4. The Supreme Court shall be the appeals court in all other
disputes on matters which involve the interpretation of the
Foundation Agreement, this Constitution, {common state} laws
(including administrative decisions of the {common state}), or
treaties binding upon Cyprus.
5. The Supreme Court shall have primary criminal jurisdiction over
offences against {common state} law where provided by {common state}
legislation.
6. If a deadlock arises in one of the institutions of the {common
state} preventing the taking of a decision without which the {common
state} or its institutions could not properly function, or the
absence of which would result in a substantial default on the
obligations of Cyprus as a member of the European Union, the Supreme
Court may, upon application of a member of the Presidential Council,
the President or Vice-President of either Chamber of Parliament, or
the Attorney-General or the Deputy Attorney-General, take an ad
interim decision on the matter, to remain in force until such time
as a decision on the matter is taken by the institution in question.
In so acting, the Supreme Court shall exercise appropriate
restraint.
7. The Supreme Court shall decide on the organization of its work.
If it chooses to divide itself into Chambers for the treatment of
certain cases, such Chambers shall always include an equal number of
judges from each {component state}.
8. The Supreme Court shall strive to reach its decisions by
consensus and issue joint judgments of the Court. However, all
decisions of the Supreme Court may be taken by simple majority.
Part V: AMENDMENTS OF THIS CONSTITUTION
Article 35 Amendments of this Constitution
1. Amendments of this Constitution, including the attachments which
are an integral part of it, shall be considered and adopted by the
{common state} legislature after consultation with the governments
of the {component states} and interested sectors of society.
2. After adoption by both Chambers of Parliament, proposed
amendments shall be submitted to referendum for approval by separate
majority of the people in each {component state}.
3. Amendments shall enter into force 90 days after their approval,
unless the amendment otherwise provides.
Part VI: TRANSITIONAL PROVISIONS
Article 36 {component state} institutions
1. No later than 40 days after entry into force of the Foundation
Agreement, the {component states} shall elect the members of their
legislatures and other popularly elected officials in accordance
with the {component state} Constitution and legislation approved in
referenda.
2. The newly elected members of the {component state} institutions
shall assume office within ten days of their election.
Article 37 Transitional {common state} Parliament
1. Each newly elected {component states} legislature shall, without
delay designate from among its membership 24 delegates to the
{common state} Parliament. To this effect, each group in a
{component state} legislature shall designate as many delegates as
corresponds to its proportional strength in the legislature.
2. The transitional parliament shall exercise the constitutional
functions and prerogatives of the {common state} Parliament during
the first year after entry into force of the Foundation Agreement in
accordance with the procedural provisions in this Constitution
regarding the Senate.
3. No later than ten calendar months after entry into force of the
Foundation Agreement, the senators and deputies shall be elected in
accordance with this Constitution. The newly elected Parliament
shall assume its functions one year after entry into force of the
Foundation Agreement.
Article 38 Transitional {common state} Head of State
1. For a transitional period of three years, the office of the Head
of State shall be vested in the Co-Presidency.
2. Upon entry into force of the Foundation Agreement, the leaders
who have signed the Comprehensive Settlement on behalf of the Greek
Cypriots and the Turkish Cypriots shall become Co-Presidents of
Cyprus. In case of resignation or permanent incapacity of either
leader, the Assembly of the relevant {component state} shall elect a
replacement.
3. The Co-Presidents shall alternate every calendar month in
representing the Co-Presidency as Head of State.
Article 39 Transitional {common state} government
The Co-Presidents shall exercise the executive power
during the first year of the transitional period in accordance with
the relevant provisions for the Presidential Council. They shall act
and decide by consensus.
2. The Co-Presidents shall name six Cypriot citizens to head the
departments of the {common state} government during the first year
of the transitional period. The heads of departments shall be
confirmed by Parliament through simple majority. They shall exercise
the functions of the executive, which the Co-Presidents shall
delegate to them, in accordance with the procedures provided for in
this Constitution for the Presidential Council.
3. One year after entry into force of the Foundation Agreement, the
newly elected Parliament shall elect a Council of Ministers composed
of six members. The provisions of this Constitution for the
Presidential Council shall apply mutatis mutandis to the election,
functioning and powers (other than those vested in the Head of
State) of the Council of Ministers.
4. During a second phase of the transitional period, the Council of
Ministers shall act as the Government of the {common state} of
Cyprus while the functions of Head of State shall continue to be
vested in the Co-Presidency.
5. Three years after entry into force of the Foundation Agreement,
the Council of Ministers shall become the Presidential Council in
accordance with the provisions of this Constitution, assuming also
the function of Head of State, for a remaining three years, during
which time the rotation period for the offices of President and
Vice-President shall be six months.
Article 40 Participation of [executive heads] of {component states}
in meetings of Presidential Council
During the first ten years after entry into force of the Foundation
Agreement, the [executive heads] of the {component states} shall be
invited to participate without a vote in meetings of the Council of
Ministers and, later, the Presidential Council.
Article 41 Entry into force of accession treaty to the European
Union
The referenda approving, together with the Foundation Agreement, the
conditions of accession of Cyprus to the European Union, shall
authorise and oblige the Co-Presidents to sign and ratify the Treaty
providing for the accession of Cyprus to the European Union.
Article 42 Appointment and initial term of office of Supreme Court
Judges
Within a week of entry into force of the Foundation Agreement, a
transitional Supreme Court of Cyprus shall be constituted in
accordance with the law. The Court shall exercise the powers
provided for the Supreme Court in the Constitution until the
regularly appointed Supreme Court takes office one year after entry
into force of the Foundation Agreement.
Article 43 Public Service
The Law shall specify implementation procedures and timeframes, not
exceeding [insert figure] years from the entry into force of the
Foundation Agreement, for the full implementation of the provisions
of this Constitution relating to the composition of the public
service for the different branches of that service.
Article 44 Responsibility for debts incurred prior to the entry into
force of the Foundation Agreement
The {common state} shall assume responsibility for debts incurred
prior to the entry into force of the Foundation Agreement other than
debts to Greece or Turkey or debts from purchase of armaments, which
shall be assumed by the relevant {component state}. Special majority
law may provide for reimbursement of the {common state} by the
{component states}.
Article 45 Teaching of official languages
The mandatory teaching of the official languages of the {common
state} to all secondary school students prescribed in Article 7(4)
shall commence no later than three years after entry into force of
the Foundation Agreement.
Article 46 State-owned property
Public property of the {common state} is listed in an attachment to
this Constitution. Other public property is the property of the
{component state} in which it is located.
Part VII: ADDITIONAL PROVISIONS
[insert further articles]
ATTACHMENT 1: MAP OF CYPRUS AND ITS {COMPONENT STATES}
[insert topographic map, indicating agreed {component state}
boundary]
ATTACHMENT 2: FLAG OF CYPRUS
[insert image of agreed flag]
ATTACHMENT 3: ANTHEM OF CYPRUS
[insert agreed anthem]
ATTACHMENT 4: PROPERTY OF THE {COMMON STATE}
[insert agreed list/description of property of {common state}]
DRAFT ANNEX II: CONSTITUTIONAL LAWS
The attachments of this Annex shall be Constitutional Laws upon
entry into force of the Foundation Agreement, able to be amended in
accordance with the Constitution.
ATTACHMENT 1: CONSTITUTIONAL LAW ON THE ELABORATION AND ADOPTION OF
CONSTITUTIONAL LAWS
[insert text]
ATTACHMENT 2: CONSTITUTIONAL LAW ON POLICE MATTERS AND THE JOINT
INVESTIGATION
AGENCY
Article 1 {component state} police
Each {component state} police may not number more than 700 police
personnel plus five police personnel per thousand {component state}
inhabitants. {component state} police may only carry weapons
appropriate for normal police civilian duties.
Article 2 Joint Investigation Agency
There shall be a Joint Investigation Agency comprising {common
state} and {component state} police personnel, hailing in equal
numbers from each {component state}, and reporting to the
Attorney-General of the {common state}. It shall combat terrorism,
drug trafficking, money laundering and organised crime. It shall
also investigate alleged violations of police duties by {common
state} or {component state} police, or of Article 6(3) and (4) of
the Constitution, upon request of any {common state} or {component
state} authority.
Article 3 Cooperation
The Joint Investigation Agency and the {common state} police shall
cooperate with each other and with the police of the {component
states} pursuant to the Cooperation Agreement on police matters
between the {common state} and the {component states}.
[insert further articles]
ATTACHMENT 3: CONSTITUTIONAL LAW ON INTERNAL {COMPONENT STATE}
CITIZENSHIP STATUS
Article 1 Internal {component state} citizenship status upon entry
into force of the Foundation Agreement
1. Upon entry into force of the Foundation Agreement, Cypriot
citizens shall automatically be afforded the internal {component
state} citizenship status of the {component state} which at that
time administers the territory where they reside.
2. Cypriots residing abroad shall be afforded the internal
{component state} citizenship status of the Greek Cypriot {component
state} if they or their forebears belonged to the Greek Cypriot
community before 1974, or the internal {component state} citizenship
status of the Turkish Cypriot {component state} if they or their
forebears belonged to the Turkish Cypriot community before 1974.
Article 2 Acquisition of internal {component state} citizenship
status
1. Persons acquiring Cypriot citizenship shall also acquire the
internal {component state} citizenship status of the {component
state} in which they reside, provided they have resided there for
seven years preceding their naturalisation. If this requirement is
not fulfilled, they shall acquire the internal {component state}
citizenship status of the {component state} in which they have
resided longer.
2. Any Cypriot citizen who has been resident in a {component state}
for any seven consecutive years shall be entitled to apply for the
internal {component state} citizenship status of that {component
state}.
Article 3 Exercise of political rights at the {component state}
level
A {component state} may restrict, within the limits of European
Union law and this Constitution, the exercise of political rights at
its level to persons holding its internal {component state}
citizenship status.
Article 4 Supreme Court injunctions on entry or residence
A {component state} may apply to the Supreme Court of Cyprus for an
injunction barring a person who does not hold its internal
{component state} citizenship status from entering or residing in
that {component state}. The Supreme Court shall grant the injunction
if the relevant person has been, or is actively engaged, in acts of
violence or incitement to violence and his/her presence in that
{component state} would be a danger to public safety or public
order.
Article 5 Permissible limitation on residency of non-Cypriots
The {component states} may, within the limits of international law,
European Union law and this Constitution, establish rules and
regulations on establishment of residence by non-Cypriots more
restrictive than those of the {common state}.
Article 6 Permissible limitation on residency of Cypriots
A {component state} may restrict the right to reside of Cypriot
citizens who do not hold its internal {component state} citizenship
status, if the number of such residents has reached one-third of the
total population of a municipality or village.
Article 7 Permissible transitional limitations on residency
1. Without prejudice to the provisions of the above Article,
{component states} may, during a transitional period of 20 years
after entry into force of the Foundation Agreement, further restrict
the establishment of residence, on a non-discriminatory basis, of
Cypriot citizens who do not hold the relevant internal {component
state} citizenship status, if 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 three year period thereafter.
2. Within the permissible limit, priority shall be given first to
persons to whom properties have been reinstated by order of the
Property Board, and their families; second to other persons who were
inhabitants of the relevant municipality or village before 1963 or
1974 respectively, and their families; and third to the heirs of
either category of persons.
3. There shall be no limitations for establishment of residence by
former inhabitants and their descendants in the Tillyria villages of
Amadhies/Gunebakan, Limnitis/Yesilyirmak, Selemani/Suleymaniye,
Xerovounos/Kurutepe and Agios Georgios/Madenlikoy, the Maronite
villages of Agia Marina/Gurpinar, Asomatos/Ozhan, Karpasha/Karpasa
and Kormakiti/Korucam, the Mesaoria villages of Pyla and [insert
other villages with more than 20% Turkish Cypriots in 1960 should
they fall within the area of territorial adjustment] and the Karpas
villages of Rizokarpaso/Dipkarpaz, Agialousa/Yeni Erenkoy, Agia
Trias/Sipahi, Melanarga/Adacay.
[insert further articles]
DRAFT ANNEX III: {COMMON STATE} LEGISLATION UPON ENTRY INTO
FORCE OF THE FOUNDATION AGREEMENT
The attachments to this Annex shall be {common state} legislation
upon entry into force of the Foundation Agreement, able to be
amended in accordance with the Constitution.
ATTACHMENT 1: LAW ON THE ANTHEM, FLAG, INSIGNIA AND HONOURS OF
CYPRUS (AND THEIR USE)
[insert text]
ATTACHMENT 2: LAW ON CONDUCT OF EXTERNAL RELATIONS
Article 1 Composition of diplomatic missions of Cyprus
1. The heads of mission of Cyprus to the United Nations in New York,
the United Nations in Geneva, the European Union, Greece, Turkey,
the United Kingdom, France, the United States, Russia and China
shall hail in equal numbers from each {component state}.
2. This Article shall be fully implemented no later than [three]
years after entry into force of the Foundation Agreement.
[insert further articles]
ATTACHMENT 3: LAW ON CONDUCT OF EUROPEAN UNION RELATIONS
[insert text]
ATTACHMENT 4: LAW ON CYPRIOT CITIZENSHIP
Article 1 General provisions
This Law determines the conditions for the acquisition [and loss] of
Cypriot citizenship, in accordance with the terms of the Foundation
Agreement, the Constitution and international and European Union
standards.
Article 2 [Dual citizenship]
[insert article, if any.]
Article 3 Cypriot citizenship upon entry into force of the
Foundation Agreement
1. Upon entry into force of the Foundation Agreement, the following
persons shall be considered citizens of Cyprus:
a. Any person who held Cypriot citizenship in 1960 and his or her
descendants;
b. Any 18 year old person who was born in Cyprus and has permanently
resided for at least seven years in Cyprus;
c. Any person who is married to a Cypriot citizen and has
permanently resided for at least two years in Cyprus; and
d. Minor children of the persons in the above categories who are
permanently residing in Cyprus.
[In addition to the above, persons whose names figure on a list
agreed by the parties to the Comprehensive Settlement shall be
considered citizens of Cyprus upon entry into force of the
Foundation Agreement. Persons shall be listed with their spouses and
children, unless there are specific reasons preventing such spouses
and children from being considered citizens of Cyprus.]
Article 4 Acquisition of Cypriot citizenship
Cypriot citizenship is acquired in accordance with the provisions of
this law:
a. Automatically by birth, where either parent is a Cypriot citizen;
b. By naturalisation; or
c. [insert additional articles, if any].
Article 5 Acquisition by naturalisation
A foreigner may submit a request for acquisition of Cypriot
citizenship if s/he fulfils the following conditions:
a. S/he has reached 18 years of age;
b. S/he has legally resided permanently in Cyprus for at least seven
consecutive years before submitting a request;
c. [S/he has knowledge of one of the official languages of Cyprus];
d. S/he is not the object of a security measure or a protective
measure to remove him/her from Cyprus undertaken by an authority of
the {common state} or the {component states} in accordance with
their respective laws; and
e. S/he was not sentenced to a term of imprisonment for a
premeditated criminal act for longer than one year within seven
years of the submission of the request.
Article 6 Acquisition by facilitated naturalization
Cypriot citizenship may be acquired through facilitated
naturalisation:
a. Upon request, by spouses of persons who have or acquire Cypriot
citizenship in accordance with these provisions, provided they have
been married for at least two years; or
b. Automatically by minor children of persons who acquire Cypriot
citizenship in accordance with these provisions.
Article 7 Loss of Cypriot citizenship
[insert article, if any]
Article 8 Passports
1. The Citizenship Board shall issue passports to Cypriot citizens
in accordance with these provisions.
2. During an interim period of [insert number of days], the
Citizenship Board shall stamp travel documents of citizens issued
prior to entry into force of the Foundation Agreement, testifying to
the recognition of these documents by Cyprus.
Article 9 The Citizenship Board
1. The Citizenship Board shall be composed of three persons hailing
from each {component state} and the chairs shall rotate on an annual
basis.
2. For the first two years of its operation, the Citizenship Board
shall, in addition, comprise two non-Cypriots who are not citizens
of Greece, Turkey or the United Kingdom. The non-Cypriots may
simultaneously serve on the Aliens Board.
The members of the Citizenship Board shall be appointed by the
Presidential Council and confirmed by Parliament by special
majority.
Article 10 Implementation of this law
1. The Citizenship Board shall be entrusted with the implementation
of this law and shall adopt rules and regulations for this purpose.
2. The Citizenship Board shall appoint and supervise agents who
shall process requests relating to Cypriot citizenship, in
accordance with this law and its rules and regulations.
Article 11 Review of decisions on citizenship
1. There shall be a right of appeal to the Citizenship Board from
decisions by agents of the Board regarding citizenship.
2. Decisions of the Citizenship Board are subject to review by the
Supreme Court.
Article 12 Transitional rules and regulations
Until the {common state} Parliament adopts detailed rules and
regulations governing citizenship, the Citizenship Board shall adopt
such rules and regulations in accordance with these provisions and
the abovementioned international instruments, bearing in mind the
obligations of Cyprus under the Treaty of Accession to the European
Union.
[insert further articles]
ATTACHMENT 5: LAW ON ALIENS, IMMIGRATION AND ASYLUM
Article 1 General provisions
This Law prescribes the conditions for residency, immigration and
asylum, in accordance with the terms of the Foundation Agreement,
the Constitution and international and European Union standards.
Article 2 Entry and residency rights of Greek and Turkish nationals
1. Cyprus shall grant equal treatment to Greek and Turkish nationals
with respect to entry and residency rights to the extent permissible
under European Union law and the conditions of accession of Cyprus
to the European Union.
2. The Aliens Board shall not authorise further immigration of
Greek nationals if the number of permanently 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} nor shall it authorize
further immigration of Turkish nationals if the number of
permanently 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}. For the
purpose of this Article, persons who are citizens of both Cyprus and
Greece or Turkey shall be counted as citizens of Cyprus only.
3. Upon entry into force of the Foundation Agreement, the Aliens
Board shall authorize the {component states} to grant permanent
residency rights to nationals of Greece and Turkey up to the level
agreed in the previous paragraph.
Article 3 Asylum
The Aliens Board shall grant asylum in accordance with the 1951
Geneva Convention on the Status of Refugees and its 1967 Protocol,
the 1997 Dublin Convention on Asylum Seekers, the 1950 European
Convention for the Protection of Human Rights and Fundamental
Freedoms and its additional protocols which are in force for Cyprus,
as well as other relevant international instruments in force for
Cyprus.
Article 4 The Aliens Board
1. The Aliens Board shall be composed of three persons hailing from
each {component state} and the chairs shall rotate on an annual
basis.
2. For the first two years of its operation, the Aliens Board shall,
in addition, comprise two non-Cypriots who are not citizens of
Greece, Turkey or the United Kingdom. The non-Cypriots may
simultaneously serve on the Citizenship Board.
3. The members of the Aliens Board shall be appointed by the
Presidential Council and confirmed by Parliament by special
majority.
Article 5 Implementation of this law
1. The Aliens Board shall be entrusted with the implementation of
this law and shall adopt rules and regulations for this purpose.
2. The Aliens Board shall appoint and supervise agents who shall
process requests relating to immigration, asylum, deportation or
extradition in accordance with this law and its rules and
regulations.
Article 6 Review of decisions on immigration, asylum, deportation
and extradition
1. There shall be a right of appeal to the Aliens Board from
decisions by agents of the Board regarding immigration, asylum,
deportation or extradition.
2. Decisions of the Aliens Board are subject to review by the
Supreme Court.
Article 7 Transitional rules and regulations
Until the {common state} Parliament adopts detailed rules and
regulations governing immigration, asylum, deportation and
extradition, the Aliens Board shall adopt such rules and regulations
in accordance with these provisions and the abovementioned
international instruments, bearing in mind the obligations of Cyprus
under the Treaty of Accession to the European Union.
[insert further articles]
ATTACHMENT 6: LAW ON THE CENTRAL BANK
Part I: TRANSITIONAL PROVISIONS
Article 1 Exchange of deposits of citizens and residents of Cyprus
The Central Bank of Cyprus shall exchange deposits held by citizens
and residents of Cyprus in Turkish lira in banks in Cyprus into
Cyprus pounds at the rate at which the Bank of Turkey shall credit
the relevant amounts to the Bank of Cyprus in Euros.
[insert further articles]
ATTACHMENT 7: LAW ON {COMMON STATE} TAXATION AND FINANCES
Article 1 Transfer to {component states}
1. The {common state} shall confer upon the {component states}, in
proportion to their population, no less than 50% of revenue from
indirect taxation which is not transferred to the European Union.
2. The {common state} shall spend no less than 5% of revenue from
indirect taxation which is not transferred to the European Union to
finance cooperative endeavours between the {component states} or
between municipalities located in different {component states}.
[insert further articles]
ATTACHMENT 8: LAW ON {COMMON STATE} BUDGET
Article 1 Carry over of previous budget
If Parliament is unable to approve a budget before the beginning of
the fiscal year, the budget of the previous year, adjusted by
inflation minus 1%, shall be carried on to the next fiscal year,
unless the Supreme Court in the exercise of its deadlock resolving
power decides otherwise.
[insert further articles]
ATTACHMENT 9: LAW ON INTERNATIONAL TRADE, CUSTOMS AND EXCISE
[insert text]
ATTACHMENT 10: LAW ON AVIATION AND AIRSPACE MANAGEMENT
[insert text; text shall take into account the vital interests and
legitimate concerns of neighbouring states, the geographical
position of the island of Cyprus in the Eastern Mediterranean, the
terms of treaties binding on Cyprus upon entry into force of the
Foundation Agreement, and the relevant principles and rules of
international law]
ATTACHMENT 11: LAW ON INTERNATIONAL NAVIGATION, TERRITORIAL WATERS,
AND CONTINENTAL SHELF
[insert text; text shall take into account the vital interests and
legitimate concerns of neighbouring states, the geographical
position of the island of Cyprus in the Eastern Mediterranean, the
terms of treaties binding on Cyprus upon entry into force of the
Foundation Agreement, and the relevant principles and rules of
international law]
ATTACHMENT 12: LAW ON POSTAL SERVICES
[insert text]
ATTACHMENT 13: LAW ON COMMUNICATIONS
[insert text]
ATTACHMENT 14: LAW ON METEOROLOGY
[insert text]
ATTACHMENT 15: LAW ON WEIGHTS AND MEASURES
[insert text]
ATTACHMENT 16: LAW ON INTELLECTUAL PROPERTY
[insert text]
ATTACHMENT 17: LAW ON ANTIQUITIES
[insert text]
ATTACHMENT 18: LAW ON ELECTION TO POPULARLY ELECTED {COMMON STATE}
OFFICES
[insert text]
ATTACHMENT 19: LAW ON {COMMON STATE} ADMINISTRATION
[insert text]
ATTACHMENT 20: LAW ON {COMMON STATE} POLICE
[insert text]
ATTACHMENT 21: LAW ON LEGISLATIVE PROCEDURE AND ON PROCEDURE FOR
AMENDMENTS OF THE CONSTITUTION
[insert text; should include, inter alia, regulation of procedure
for consultation of {component state} governments and other
interested sectors of society.]
ATTACHMENT 22: LAW ON ADMINISTRATION OF JUSTICE
Article 1 Judges of the Supreme Court
1. The Supreme Court judges shall not hold any other public office
in the {common state} or either {component state}.
2. The judges shall not serve beyond their 75th birthday.
3. The Presidential Council shall appoint the judges from among the
candidates listed by the Judiciary Board, three judges hailing from
each of the {component states} and three non-Cypriot judges who
shall not be citizens of Greece, Turkey or the United Kingdom.
4. In case of a vacancy, the Presidential Council shall appoint a
replacement for the remainder of the term of office upon suggestion
of the Judiciary Board, without altering the composition of the
Court as prescribed in this Article.
Article 2 The Chief Justice
The Supreme Court Judges shall elect from among their number a Chief
Justice for a renewable three-year term of office.
Article 3 Seniority of judges
The Chief Justice shall be considered the most senior Supreme Court
judge. Among the other judges, seniority shall be determined firstly
by time served in office and by age in case of equal time served.
Article 4 Judiciary Board
1. The Judiciary Board shall comprise the three most senior {common
state} Supreme Court judges, each being the most senior of the group
of judges from each of the {component states} and the non-Cypriot
judges respectively; the Attorney-General and Deputy
Attorney-General of the {common state} and the Attorney-General, the
head of the highest court and the President of the Bar Association
of each {component state}.
2. If the most senior judge from any group in the transitional
Supreme Court is also the head of the highest {component state}
court, the second most senior judge from the relevant group shall
take his/her place on the Judiciary Board.
3. The Judiciary Board shall decide on a list of names by a
two-thirds majority.
Article 5 Partial periodic renewal of the Supreme Court
1. To ensure partial periodic renewal of the Supreme Court, the
terms of office of the original members shall be as follows:
a. Three years for one judge from each {component state} as well as
one non-Cypriot judge;
b. Six years for one judge from each {component state} as well as
one non-Cypriot judge; and
c. Nine years for one judge from each {component state} as well as
one non-Cypriot judge.
2. If the judges in each group cannot agree among themselves who
shall hold each term of office, a lot shall be drawn among each
group of judges.
Article 6 Transitional Supreme Court
1. The Co-Presidents shall appoint the members of the transitional
Supreme Court from a list of candidates submitted by the
transitional Judiciary Board and in accordance with the proportions
stipulated in this law.
2. The provisional Judiciary Board to suggest the candidates for the
transitional Supreme Court shall be composed of the
Attorney-General, the head of the highest court and the President of
the Bar Association of each {component state}.
3. The Cypriot judges may maintain any functions as {component
state} judges during their one-year term of office on the
transitional Supreme Court to the extent that their tasks at the
Supreme Court shall allow it. They shall give priority to their
tasks as judges of the Supreme Court of Cyprus.
4. The non-Cypriot judges on the transitional Supreme Court shall be
remunerated like judges of the International Court of Justice.
[insert further articles]
ATTACHMENT 23: LAW ON {COMMON STATE} OFFENCES
[insert text; i.e. criminal code on terrorism, drug trafficking,
money laundering, organized crime and offences against {common
state} laws]
DRAFT ANNEX IV: COOPERATION AGREEMENTS BETWEEN {COMMON STATE} AND
{COMPONENT STATES} UPON ENTRY INTO FORCE OF THE FOUNDATION AGREEMENT
The attachments to this Annex shall be Cooperation Agreements
between the {common state} and the {component states} upon entry
into force of the Foundation Agreement. These agreements may be
amended by agreement of the {common state} and both {component
states}.
ATTACHMENT 1: COOPERATION AGREEMENT ON EXTERNAL RELATIONS
[insert text]
ATTACHMENT 2: COOPERATION AGREEMENT ON EUROPEAN UNION RELATIONS
Article 1 Scope of agreement
This agreement regulates decision-making and representation of
Cyprus in European Union matters which predominantly or exclusively
fall within the competence of the {component states}.
Article 2 Duty to inform
The {common state}shall inform the {component states} without delay
on all issues relating to European integration in areas of
competence of the {component states}. This duty shall include the
transmission of:
a. Documents, reports, and notices of the organs of the European
Union;
b. Documents, reports, and notices on informal meetings at
ministerial level;
c. Documents and information on cases pending before the European
Court of Justice; and
d. Reports of the permanent representation of Cyprus to the European
Union.
Article 3 Decision-making
1. In matters referred to in Article 1, the {common state} shall
consider opinions of the {component states} given in due time. In
case of consistent opinion of both {component states} given in due
time, this opinion shall be legally binding on the {common state} in
negotiations and voting. The {common state} may only deviate from
this opinion if there are mandatory reasons with regard to foreign
affairs.
2. In the case of persistent inconsistencies in matters referred to
in Article 1, coordination with respect to the position of the
{common state} shall be undertaken by the Coordination Group. The
Coordination Group shall comprise a representative each of the
members of the Presidential Council in charge of Foreign Affairs and
European Union relations, and representative of each {component
state}. The decisions of the Coordination Group shall be binding on
the relevant representative in the European Union.
3. The position taken by the Coordination Group may be changed only
in exceptional circumstances. If the position taken by the
Coordination Group needs to be urgently adapted in the course of a
meeting of a European Union organ, the respective representative
shall immediately inform the Coordination Group. If a revised
decision of the Coordination Group cannot be obtained in time, the
representative of Cyprus shall adhere ad referendum to the position
most likely to address the general interests of Cyprus as a whole. A
final position shall be notified to the European Union within 48
hours.
Article 4 Representation
1. Cyprus may be represented in the European Union either by a
representative of the {common state} or a representative of a
{component state}.
2. The representatives shall be appointed by the Presidential
Council upon suggestion of the Coordination Group.
3. The representatives of Cyprus in the Council of the European
Union shall be notified to its General Secretariat. Such
representatives attending meetings shall have the exclusive right to
make legally binding declarations.
Article 5 Legal action
1. In case of an unlawful act or failure to act of organs of the
European Union or another member state concerning matters in the
areas of competence of the {component states}, Cyprus shall bring an
action before the European Court of Justice upon request of the
{component state}. Such request is to be addressed to the
Presidential Council and shall include all information relevant to a
legal action before the European Court of Justice.
2. The costs of such legal action shall be borne by the {component
state} requesting the action.
Article 6 Adaptation
The {common state} and the {component states} shall adapt this
Agreement by consensus to take account of further developments of
European integration or other needs that may arise.
Article 7 Presidency
Prior to Cyprus exercising the Presidency of the European Union, the
Coordination Group shall propose specific modalities to the
Presidential Council.
Article 8 Disputes resulting from the application of this agreement
Any dispute resulting from the application of this Agreement shall
be decided by the Supreme Court of Cyprus.
[insert further articles]
ATTACHMENT 3: COOPERATION AGREEMENT ON POLICE MATTERS
[insert provisions on cooperation arrangements between {component
state} police, between {component state} police and {common state}
police, and regarding joint investigation agency; these provisions
should create a cooperation committee; they should, inter alia,
address the issue of hot pursuit]
DRAFT ANNEX V: LIST OF INTERNATIONAL TREATIES BINDING ON CYPRUS
UPON ENTRY INTO FORCE OF THE FOUNDATION AGREEMENT
[insert list of treaties; Charter of the United Nations, Treaty of
Establishment, Treaty of Guarantee and Treaty of Alliance shall be
included in the list; further treaties shall be listed in accordance
with the following guidelines:
There shall be a presumption of inclusion of all multilateral
instruments and all bilateral instruments, other than with Greece
and Turkey; either side may raise objections with respect to a
specific instrument provisionally listed on grounds of
incompatibility with the Comprehensive Settlement or the Foundation
Agreement;
Instruments with Greece and Turkey in areas not related to defence
shall be examined and, unless incompatible with the Comprehensive
Settlement or the Foundation Agreement, shall be included in the
list;
Instruments with Greece and Turkey on defence matters shall not be
included in the list, unless otherwise agreed.]
DRAFT ANNEX VI: TERRITORIAL ARRANGEMENTS
Article 1 Delineation of {component state} boundaries
1. The boundaries of the {component states} shall be as depicted in
the attached map.
2. [insert text describing in detail the course of the agreed
boundary]. Any inconsistency between this description and the map
shall be decided by consensus by a committee, or, where they are
unable to reach consensus, by the Supreme Court of Cyprus.
3. The committee shall comprise [insert figure] representatives of
each {component state} and at least one non-Cypriot. The committee
shall be appointed upon entry into force of the Foundation
Agreement, and shall demarcate the boundary on the ground.
Article 2 Access and connecting roads
[indicative text to be modified in accordance with agreed map]
Applying to both suggested maps:
1. Civilian traffic on direct connecting roads between the main part
of a {component state} and a non-contiguous part, as well as on
direct connecting roads through a non-contiguous part of a
{component state}, may only be restricted pursuant to an injunction
of the Supreme Court.
2. The road connecting Pyrogi and Athienou is under the territorial
administration of the Greek Cypriot {component state} for its entire
length. The Turkish Cypriot {component state} shall be entitled to
construct an underpass or overpass for access to
Louroujina/Akincilar.
3. The Greek Cypriot {component state} shall be entitled to
construct a road under its territorial administration between Kontea
and Kalopsida, across the territory administered by the Turkish
Cypriot {component state} south of Kv|klia and to expropriate the
necessary land in exchange for full and effective compensation, in
cooperation with the Turkish Cypriot {component state}. The
{component states} shall agree on the location of any necessary
underpasses or overpasses to be built at the expense of the Greek
Cypriot {component state}.
Applying to map A only:
4. The road connecting north Nicosia and Famagusta is under the
territorial administration of the Turkish Cypriot {component state}
for its entire length. The Greek Cypriot {component state} shall be
entitled to construct three underpasses or overpasses for access to
Pyrga, Stylloi and Egkomi.
Article 3 Water resources
[insert text on agreed sharing of natural water resources between
the {component states} in light of territorial arrangements]
Article 4 Phasing of territorial adjustment
1. Areas within the agreed territorial boundaries of a {component
state} which are subject to territorial adjustment, while legally
part of that {component state} upon entry into force of the
Foundation Agreement, shall be administered during an interim period
no longer than three years by the other {component state}, by which
time, administration shall have been completely transferred.
2. Administration shall be transferred in agreed phases as depicted
on the attached map. Transfer shall begin 90 days after entry into
force of the Foundation Agreement with the transfer of
administration of the following largely uninhabited areas contiguous
with the remainder of the relevant {component state}: [insert
description of areas]. Remaining areas shall be transferred as
follows: [insert transfer timeframes and arrangements for remaining
areas].
3. The {component states} shall render full cooperation to the
United Nations which, in conformity with its mandate, shall
supervise activities relating to the transfer of areas subject to
territorial adjustment and contribute to the maintenance of a secure
environment.
4. During the phasing period, the areas under the administration of
the Greek Cypriot {component state} and the Turkish Cypriot
{component state} shall be clearly marked as follows: [insert text].
During this period, the agreed crossing points shall be as follows:
[insert text]
Article 5 Current inhabitants
The following special arrangements shall safeguard the rights and
interests of current inhabitants of areas subject to territorial
adjustment, and provide for orderly relocation to adequate
alternative accommodation in appropriate locations where adequate
livelihoods may be earned:
a. [insert text]
Article 6 Properties
Properties located in areas subject to territorial adjustment shall
be handled in accordance with the provisions of Attachment 4 of
Annex VII.
ATTACHMENT 1: MAP OF TERRITORIAL ADJUSTMENT
DRAFT ANNEX VII: TREATMENT OF PROPERTY AFFECTED BY EVENTS SINCE 1963
PART I: GENERAL ARTICLES 87
PART II: REGULATION OF EXERCISE OF PROPERTY RIGHTS 88
Section A: Compensation 89
Section B: Reinstatement into possession 91
Section C: Sale, exchange and long-term lease 92
PART III: LOSS OF USE 93
PART IV: JUDICIAL REVIEW 93
PART V: AMENDMENT 94
ATTACHMENT 1: DEFINITIONS 95
ATTACHMENT 2: CYPRUS PROPERTY BOARD AND COMPENSATION ARRANGEMENTS 98
Section A: Establishment, operation, powers, staff and costs of
Cyprus Property Board 98
Section B: Handling of property transferred to or via the Property
Board 103
Section C: Decision-making and claims for affected property 104
Section D: Assistance with sale, exchange or lease 106
Section E: Compensation fund and bonds 108
ATTACHMENT 3: MEASURES IN FAVOUR OF CURRENT USERS 109
Section A: Extension of deadlines for vacating affected property 109
Section B: Preferential loans 110
Section C: Right of first refusal 111
ATTACHMENT 4: PROPERTY LOCATED IN AREAS SUBJECT TO TERRITORIAL
ADJUSTEMENT 112
Part I: GENERAL ARTICLES
Article 1 General provisions
1. The provisions in this Annex and its attachments deal with
properties which were affected as a consequence of intercommunal
strife, military action or the unresolved division of the island
between December 1963 and entry into force of the Foundation
Agreement and introduces an extraordinary regime to deal with these
properties. The provisions in this Annex and its attachments will
continue to apply to such properties until all matters covered by
these provisions have been closed by the Property Board or the
Supreme Court.
2. Terms used in this Annex and its attachments are defined in
Attachment 1.
3. Provisions of this Annex and its attachments shall be referred to
hereinafter as 'these provisions'.
Article 2 The Cyprus Property Board
These provisions, unless otherwise stated, shall be implemented by
the Cyprus Property Board. Its composition, powers and procedures,
as well as the obligations of the {common state} and the {component
states} in relation to it, are further regulated in Attachment 2.
Article 3 Property in areas subject to territorial adjustment
Property located in areas subject to territorial adjustment is
regulated by Attachment 4. Where there are no specific provisions in
Attachment 4, the other provisions of this Annex shall apply.
Article 4 Religious sites
1. The Churches and Evkaf shall be entitled, without exception and
within three years of entry into force of the Foundation Agreement,
to reinstatement of any affected property owned by them which was
used as a religious site in 1963 or 1974.
2. This Article shall not limit the right of Churches and Evkaf to
claim compensation in lieu of reinstatement for any affected
property under these provisions.
Part II: REGULATION OF EXERCISE OF PROPERTY RIGHTS
Article 5 Suspension of dealings, proceedings or alterations with
respect to affected property
1. Any transaction, dealing, or any proceeding in any court or legal
or administrative body, or any physical alterations (apart from
minor or emergency maintenance), with respect to any affected
property shall be suspended or prohibited upon entry into force of
the Foundation Agreement, until the Property Board:
a. Authorises such dealing, proceeding or physical alteration to
continue or occur;
b. Refers the dealing or proceeding to another competent court or
authority; or
c. Makes a final determination in relation to the property.
2. The {common state} and the {component states} shall, pursuant to
Article 37 of the European Convention of Human Rights, request the
European Court of Human Rights to strike out any proceedings
currently before it concerning affected property.
Article 6 Claims and applications
1. A dispossessed owner shall be entitled to claim compensation for
his/her title to property or the reinstatement of his/her property
or apply for assistance in arranging the sale, long-term lease or
exchange of his/her property.
2. Current users of affected properties who are themselves
dispossessed owners or persons who own significant improvements to
affected properties may apply to receive title to such properties.
3. Current users of properties to be reinstated may apply to benefit
from the special measures detailed in Attachment 3.
4. All such claims and applications shall be made to the Property
Board within the time limit specified and shall be processed and
determined in accordance with these provisions.
All payments required as a condition for the transfer of title or
reinstatement shall be made to the Property Board within three years
of the relevant decision of the Property Board, unless the decision
specifies an earlier date. Transfer of title or reinstatement shall
not take effect until all stipulated payments are made in full.
Failure to make payments within the specified period may result in
loss of or modifications to rights with respect to the property.
Article 7 Liability for damage
Persons responsible for serious damage to or destruction of
properties shall be liable to the dispossessed owner and/or the
Property Board for the cost of the damage up to the market value of
the property. In addition, the Property Board may fine such persons
and take other punitive measures, including modifying decisions
previously made in their favour.
Section A: Compensation
Article 8 Entitlement to full and effective compensation
1. Any dispossessed owner shall be entitled to claim full and
effective compensation as determined by the Property Board in
accordance with international standards (hereinafter referred to as
''compensation'') in exchange for transfer of title to the affected
property to the Property Board.
2. Entitlements to compensation shall be assessed and paid by the
Property Board at current value.
3. Compensation shall be paid in the form of compensation bonds
drawn on a compensation fund. The establishment of the Compensation
Fund, issuing and use of bonds shall be regulated by the provisions
in Attachment 2.
4. Dispossessed owners of properties which, according to the
following provisions, are not eligible to be reinstated shall be
entitled to compensation.
Article 9 Property owned by institutions
Title to affected properties, other than religious sites, which are
owned by institutions shall be transferred to the Property Board in
exchange for compensation.
Article 10 Property used for public benefit purposes
Title to an affected property which is being used for a purpose in
the public benefit upon entry into force of the Comprehensive
Settlement which objectively justifies compulsory acquisition shall
be transferred to the {common state} or the relevant {component
state} in exchange for payment of the current value by the relevant
authority to the dispossessed owner through the Property Board.
Article 11 Property required for military purposes
Title to any affected property which is specified in the Additional
Protocols to the Treaty of Alliance, or any attachment thereto, as
being required for military purposes shall be transferred to the
{component state} in which it is located, in exchange for payment by
the relevant {component state} of the current value through the
Property Board.
Article 12 Property currently used by dispossessed owners
1. A dispossessed owner who is the current user of an affected
property of similar current value to a property of which s/he was
dispossessed and has been using the affected property on a
continuous basis for at least ten years, may apply to the Property
Board to receive title to that property in exchange for title to the
property of which s/he was dispossessed.
2. The application shall be granted if the current value of the
affected property no greater than 50% more than the current value of
the property of which s/he was dispossessed.
3. If the current value of the affected property is more than 50%
greater than the current value of the property of which the current
user was dispossessed, the Property Board shall assist the
dispossessed owner and the current user to reach an amicable
agreement. If this fails, the Property Board may grant or refuse the
exchange, taking into account the arguments of both sides, or
partition the property as appropriate.
4. If the current value of the affected property is less than that
of the property of which the current user was dispossessed, s/he may
claim compensation for the difference in value.
5. If the current value of the affected property is more than the
current value of the property of which the current user was
dispossessed, s/he shall pay the difference to the Property Board
prior to the transfer of title.
Article 13 Property currently used by subsequent purchasers from
dispossessed owners
1. Any purchaser (or his/her successors in title) of an affected
property, which was assigned to a dispossessed owner (hereinafter
''the vendor'') and was of a similar current value to a property of
which the vendor was dispossessed, shall have the same rights and
obligations as the vendor would have had according to Article 11
with respect to the affected property, provided that s/he and the
vendor and any predecessors in title have collectively been current
users of the affected property on a continuous basis for at least
ten years. Title to the property shall be transferred to the
Property Board; if the current value of the affected property is
less than that of the property of which the vendor was originally
dispossessed, the vendor may claim the difference in compensation.
2. The above provision does not apply if the Property Board cannot
obtain title to the property of which the vendor was dispossessed
because the vendor has already legally disposed of it.
Article 14 Significantly improved property
The owner of a significant improvement to an affected property may
apply to receive title to that property, in exchange for payment of
the current value of the affected property without the improvement.
The Property Board shall order transfer of title after payment of
compensation to the dispossessed owner at the current value for
his/her interest in the property.
Section B: Reinstatement into possession
Article 15 Eligibility for reinstatement
Affected properties which do not fall into the above categories
shall be generally eligible to be reinstated.
Article 16 Agreed levels of reinstatement
1. In either {component state}, no more than X%, and in any given
municipality or village, no more than Y% of the total land area and
of the number of residences shall be reinstated to persons hailing
from the other {component state}.
2. Eligible claimants shall be awarded reinstatement based on
priority in descending order of age, until the agreed levels are
reached.
3. These limitations shall not apply to religious sites or to
villages which were predominantly inhabited by Maronites in 1974 or
the Karpas villages of Rizokarpaso/Dipkarpaz, Agialousa/Yeni
Erenkoy, Agia Trias/Sipahi, Melanarga/Adacay.
Article 17 Moratorium for reinstatement
No order of the Property Board shall require reinstatement of
affected property to a dispossessed owner before a date which is:
a. Three years after the Foundation Agreement enters into force, for
property which is vacant at that date; or
b. Five years after the Foundation Agreement enters into force, in
all other cases.
Article 18 Improvements on reinstated property
1. The owner of any improvement worth more than 10% of the current
value of a property to be reinstated may apply for compensation for
his/her interest in the property, which shall be paid by the
Property Board on the basis of the market value of the improvement.
2. The dispossessed owner shall be entitled to retain any
improvement on the affected property after reinstatement, provided
s/he pays the market value of the improvement to the Property Board.
3. The dispossessed owner shall not be required to make such a
payment if s/he satisfies the Property Board that the improvement is
inappropriate for or irrelevant for his/her intended future use of
the property for his/her own purposes, provided the intended future
use is more or less similar to its use prior to dispossession. If
the Property Board subsequently finds that the dispossessed owner or
any successor in title makes use of the improvement, the Property
Board may pursue him/her to recover the amount of compensation paid
to the owner of the improvement under paragraph 1 of this Article.
Section C: Sale, exchange and long-term lease
Article 19 Option to sell, exchange or lease
1. Properties eligible for reinstatement may be sold, exchanged or
leased on a long-term basis (20 years or longer) to current users or
other people hailing from the {component state} in which the
property is located, at any time prior to the final determination on
reinstatement, in accordance with these provisions.
2. Dispossessed owners and current users may seek the assistance of
the Property Board with the sale, exchange or lease of such
properties.
Article 20 Incentives for dispossessed owners to sell, exchange or
lease
Dispossessed owners shall be offered incentives to sell, exchange or
lease on a long-term basis their properties according to Article 18,
including:
a. Exemptions for such properties from being counted for the
purposes of determining when agreed levels of reinstatement have
been reached;
b. Exemptions from taxes, governmental fees, charges and duties
payable on signing of instruments, or on completion and registration
of transfers or leases of such properties;
c. Exemptions or substantial reductions in taxes on capital gains
derived from transfers or from rental income under such leases;
d. Exemptions from any incidental taxes, governmental fees, charges
and duties relating to sale, exchange or lease of such properties;
e. Exemptions from property taxes for the duration of such leases;
and
f. Such other additional incentives as the {common state} and the
{component states} may choose to provide.
Part III: LOSS OF USE
Article 21 Compensation for loss of use
Any claims for compensation for loss of use of an affected property
for any period commencing with dispossession shall be considered by
the {component state} from which the claimant hails, taking into
account:
a. Benefits previously enjoyed by the dispossessed owner on the
grounds of his/her displacement; and
b. Any entitlements received by or payable to the dispossessed
owner, whether before or after the Foundation Agreement, for the
period of lost use.
Part IV: JUDICIAL REVIEW
Article 22 The Property Court
1. A Property Court shall be established with power to conduct final
judicial review of decisions of the Property Board.
2. The Property Court shall be composed of an uneven number of
judges. This number shall be specified by the Chief Justice of the
Supreme Court after consultation with members of the Supreme Court,
and shall include an equal number of judges from each of the
{component states} and no less than three non-Cypriot judges who are
not citizens of Greece, Turkey or the United Kingdom. The Chief
Justice and judges of the Property Court shall be chosen in the same
manner and for the same term of office as judges of the Supreme
Court, unless the Supreme Court decides otherwise.
3. Decisions of the Property Board shall not be subject to appeal or
challenge in any {component state} court or otherwise, except by way
of judicial review by the Property Court in accordance with the law
and these provisions.
4. Decisions of the Property Court shall not be subject to further
review or appeal to the Supreme Court.
5. An application for judicial review of a Property Board decision
may be made to the Property Court by any party with a legal interest
in the decision or the property in question, within 60 days of
publication of the decision by the Property Board in accordance with
its rules.
6. The Property Court shall have power to levy fees upon parties for
procedural steps in initiating and contesting matters before it.
The Property Court shall continue in operation until such time as
the Supreme Court may decide to assume its functions.
Part V: AMENDMENT
1. These provisions may be amended by the executive heads of the
{component states} acting by consensus and with the approval of the
legislatures of both {component states}.
2. The text of any proposed amendment shall be agreed between the
executive heads of the {component states} and submitted in identical
form to each {component state} legislature. It shall come into force
30 days after its approval by both legislatures.
ATTACHMENT 1: DEFINITIONS
Article 1 Definitions
In Annex VII and its attachments, the following terms are defined
as:
1. Affected property - immovable property in Cyprus which the owner,
being a natural or legal person, left or of which s/he lost use and
control as a consequence of intercommunal strife, military action or
the unresolved division of the island between December 1963 and
entry into force of the Foundation Agreement, and which has not
since been reinstated to the owner, and over which s/he has not
regained use and control. Affected property shall not include any
property which was voluntarily sold, transferred or otherwise
permanently disposed of by the owner, including through compulsory
acquisition or expropriation (provided such compulsory acquisition
or expropriation was carried out in accordance with international
standards, including through payment of full and effective
compensation). The onus of proof of any such voluntary transfer or
lawful expropriation shall lie with the transferee or his/her
successor in title. In the absence of evidence to the contrary for
the individual case in question, dispossession shall be presumed to
have been unlawful and/or involuntary.
2. Alternative accommodation - residential housing for people
affected by the return and reinstatement of owners, who satisfy
eligibility requirements. Such accommodation shall at least be of a
level which is comfortable by reasonable modern standards (including
being connected to public utilities where available, such as water
and electricity); provides a reasonable ratio of living space for
the number of household members which it must accommodate; is no
less than [insert minimum number of square metres for an individual
and minimum number of square metres for each additional person];
and, where practicable, is comparable to the residence which the
recipient is vacating or which s/he possessed prior to his/her
displacement (up to a maximum standard to be defined in regulations
of the Property Board).
3. Current value - value of a property at time of dispossession,
plus an adjustment to reflect appreciation based among other things
on increase in average sale prices of properties in Cyprus in
comparable locations in the intervening period up to the date of
entry into force of the Foundation Agreement.
4. Current user - a person who has been granted a form of right to
use or occupy property by an authority under a legal or
administrative process established to deal with property belonging
to dispossessed owners, or any member of his/her family who has a
derivative right to use or occupy such property, or any successor in
title. The definition does not include any person who occupies or
uses a property without any legal, administrative or formal basis,
nor any person using or occupying property under a lease contract
from a private person, nor any military force, body or authority.
5. Dispossessed owner - a natural or legal person who, at the time
of dispossession, held a legal interest in the affected property as
owner or part owner, or his/her legal heir.
6. Institutions - entities other than natural persons, including
privately or publicly-owned or controlled bodies, such as public or
private trusts, religious institutions; military forces and
companies (other than sole corporations).
7. Market rent - the amount of rent which could be charged for a
property on the open market, based on an assessment of market rents
paid for comparable properties in comparable locations at the time
of assessment.
8. Market value - the amount for which a property could be sold on
the open market, based on an assessment of purchase prices or
amounts paid for comparable propertie] in comparable locations at
the time of assessment.
9. Original state - the state or condition of affected property at
the time of dispossession of the dispossessed owner, not including
improvements subsequently made by any party.
10. Property - immovable property, being land and fixtures attached
to land (or interest in such a property)].
11. Reinstatement - restitution through the award of legal and
physical possession to the dispossessed owner, so as to enable
him/her to exercise effective control over such property, including
use for his/her own purposes.
12. Religious site - a mosque, church, chapel, cemetery, monastery,
shrine, tomb or other place of worship.
13. Significant improvement - an improvement (including any new
construction on vacant land) to an affected property, which was made
between the time of dispossession and 31 December 2001, or based on
a building permit issued prior to 31 December 2001, and which has
greater value than the value of the affected property in its
original state. The value of an improvement shall be assessed on the
basis of market value, while the value of affected property shall be
assessed on the basis of current value. The burden of proof
concerning the value, ownership and date of construction of any
improvement lies on the owner of the improvement.
14. Sufficient financial means - income (taxable or otherwise) of
more than X (X being the amount required to meet mortgage payments)
or wealth of more than Y (Y being the amount required to purchase
the currently-used property or alternative accommodation).
Entitlements and interests in affected property shall be taken into
account for the purposes of calculating wealth. The Property Board
shall determine the amounts of X and Y and revise the amounts
annually, based on market figures and expert input.
15. Use for own purposes - use and enjoyment of affected property by
a person, his/her family member, employee or representative (other
than a tenant) through regular personal use (not necessarily as a
permanent residence). Use for own purposes shall not include
selling, renting, transferring by gift or otherwise disposing of an
interest in affected property.
16. Vacant - not used or occupied by a current user or any member of
his/her family or successor in title who has a derivative right to
use or occupy such property.
ATTACHMENT 2: THE CYPRUS PROPERTY BOARD AND COMPENSATION
ARRANGEMENTS
Section A: Establishment, operation, powers, staff and costs of The
Cyprus Property Board
Article 1 Establishment and conduct of the Cyprus Property Board
1. There shall be an independent, impartial, administrative body
known as the Cyprus Property Board (hereafter the 'Property Board').
2. The Property Board shall act in accordance with the principles
and terms of the Foundation Agreement and in particular with these
provisions.
Article 2 Membership
1. The Property Board shall be composed of a total of seven members,
being two members hailing from each {component state} and three
non-Cypriot members who are not citizens of Cyprus, Greece, Turkey
or the United Kingdom.
2. Members shall be legally qualified and of high moral and
professional standing. Members shall be prohibited from holding any
other {common state} or {component state} office during their
membership of the Property Board.
3. The Cypriot and non-Cypriot members remuneration shall be at the
level of nine-tenths of the salary of the Cypriot and non-Cypriot
judges of the Supreme Court respectively.
4. Within 30 days of entry into force of the Foundation Agreement,
the Co-Presidents shall appoint by consensus the initial members of
the Property Board. For subsequent appointments, the members shall
be appointed by the executive heads of the {component states} acting
by consensus.
5. The members shall elect from among their number a presiding
member, who shall preside over the Board for a period of three years
or until the end of his/her term, whichever is the sooner.
6. The members of the Property Board shall be appointed for a term
of three years. At the end of each three-year term, each member
shall be replaced or reappointed for a further term. Members may
resign with 90 days prior notice. The Supreme Court may remove any
member upon the application of the {common state} or either
{component state} in case of misconduct or grave breach of the
member's duties. In case of any vacancy, a new member shall be
appointed within 45 days of notice of the vacancy or of its
occurrence, whichever is the sooner.
7. If there is failure to agree on the appointment of any member of
the Property Board in the time specified under these provisions, the
Secretary-General of the United Nations or his representative, shall
appoint a replacement member to hold office for a minimum of
eighteen calendar months.
Article 3 Powers
The Property Board body shall have the power to:
a. Receive and rule on claims for affected property;
b. Decide any question or dispute before it regarding claims,
entitlements of dispossessed owners, current users or owners of
improvements, allegations of sale under duress, property valuation,
right of first refusal or title to or other rights in respect of
affected property;
c. Decide in individual cases on, and set and revise scales and
values for the purposes of calculating compensation for affected
property and improvements; rent, sale and purchase amounts;
entitlements to alternative accommodation and other amounts under
these provisions;
d. Demand and receive prompt, full and unhindered access to any and
all records, archives, databases or other information regarding
property in Cyprus, and to any and all property in Cyprus for the
purpose of inspection, valuation and assessment related to its tasks
and operation, and to receive copies or extracts of information,
without fee, tax or other charge;
e. Order or procure the registration of interests in affected
property or correction of entries in the relevant Land Titles
Register or other records, based on entitlements under these
provisions or other applicable law;
f. Refer any question arising in respect of an affected property to
another competent court or authority, as appropriate and for
finalisation or any interim or other ruling;
g. Order the suspension of any proceeding in any court or other
authority, or any physical alterations (other than minor or
emergency maintenance) with respect to affected property;
h. Order or procure the completion of any steps as required to
transfer interests in affected property or, where necessary,
partition affected property, under these provisions or other
applicable law;
i. Issue legally binding orders to competent {common state} or
{component state} bodies as required to implement its decisions;
j. Acquire and deal with affected property in a responsible manner
under these provisions, including the administration and disposal of
affected property transferred to it or coming under its control;
k. Facilitate the provision and allocation of alternative
accommodation;
l. Assist persons, upon their request, in the sale, lease or
exchange of affected property;
m. Collect damages from and issue fines against any persons found
responsible for damaging or destroying affected property;
n. Administer and/or supervise a preferential loans scheme under
these provisions;
o. Adopt such rules, regulations, procedures, forms and other
instruments as required for the performance of its functions;
p. Consult and seek recommendations from qualified experts to assist
in the performance of its functions, including experts in valuation,
economics, law, property markets, quantity and land surveying,
registration, mapping and others; and
q. Perform other tasks, including those which may be assigned to it
by the {common state} or either {component state}, or which are
incidental or related to the performance of its functions.
Article 4 Obligations of the {common state} and the {component
states} in respect of the Property Board
1. The {common state} and the {component states} shall take all
steps as required to implement these provisions in good faith and in
a timely manner.
2. In order to fulfil their obligations under these provisions, the
{common state} and the {component states} shall, among other things:
a. Cooperate fully with the Property Board, and respect, recognize
and comply with its decisions in accordance with their legally
binding nature;
b. Implement the decisions of the Property Board fully and promptly;
c. Cooperate with other relevant institutions dealing with affected
property under these provisions;
d. Provide the Property Board with prompt, full and unhindered
access to any and all records, archives, databases or other
information regarding property in Cyprus, and to any and all
property in Cyprus for the purpose of inspection, valuation and
assessment related to its tasks and operation, and to provide copies
or extracts of information, without fee, tax or other charge;
e. Adopt special measures, including at the request of the Property
Board, to ensure the physical protection of property from damage or
destruction; and
f. Act otherwise as necessary to respect property rights.
3. The {common state} and the {component states} shall adopt and
enforce any legislation, regulations, procedures, orders,
instructions, practice notes and other legislative instruments as
necessary or appropriate to acknowledge the binding force of
Property Board decisions, and ensure their enforcement and
implementation, including as necessary through local administrative
bodies, police or other agents. Such legislative instruments shall
be drafted in consultation with the Property Board.
4. In case the {common state} or a {component state} fails within
one year after entry into force of the Foundation Agreement to adopt
laws for enforcement and implementation of decisions of the Property
Board, the Property Board shall issue rules providing for
enforcement and implementation of its decisions, which shall come
into force as binding legislative instruments of the {common state}
or the relevant {component state}, and which shall remain in force
until the {common state} or the relevant {component state} enacts
effective laws in fulfilment of its obligations under these
provisions.
Article 5 Obligations of {common state} and {component state} courts
and competent authorities
1. The courts, administrative bodies and other authorities of the
{common state} and the
{component states} shall cooperate with the Property Board and
acknowledge the legally binding force of its decisions, and shall
take any steps as necessary to implement and enforce its decisions.
2. If the Property Board refers a question to a court or other
competent authority, such court or authority shall hear and
determine the claim on its merits and shall not reject or refuse to
decide the claim solely on the grounds that the claim is out of time
or that any applicable limitation period has expired.
3. The {component states} shall put land for alternative
accommodation at the disposal of the Property Board, without
payment, including through expropriation where necessary. In
allocating such land, the {component states} shall take into account
the need for relocating persons, in particular those from areas
subject to territorial adjustment, to be able adequately to earn
their livelihood.
Article 6 Staff
The Property Board shall employ a director who, under the
supervision of the members of the Property Board, shall be
responsible for the administration and management of the work of the
Property Board. The director may employ staff qualified in law,
valuation, land titles, records management, economics, accountancy,
information technology, mediation and other forms of dispute
resolution, property management and other technical and relevant
fields, to assist and perform the work of the Property Board.
Article 7 Costs
1. The costs of establishing and running the Property Board shall be
met by the {common state}, which may request contributions from the
guarantor states and other international donors.
2. The Property Board shall prepare an annual budget for its running
costs in accordance with the relevant public service scales of
remuneration and, in the case of non-Cypriot employees, United
Nations guidelines. The {common state} shall pay the budgeted amount
for such running costs to the Property Board before the beginning of
each financial year. Any surplus funds at the end of each financial
year shall be repaid to the {common state}, and any shortfall shall
be met by the {common state}.
3. The Property Board shall submit its running costs and other
accounts to independent audit each financial year, and the audit
report shall be publicly available.
4. Should any additional task or function be assigned to the
Property Board, the {common state} or any {component state} which
assigns such task or function shall provide or procure the provision
of resources to enable the Property Board to perform the task or
function.
Article 8 Period of operation of the Property Board
1. Ten years after entry into force of the Foundation Agreement, the
Property Board shall be wound up. If the Property Board by that date
has not completed determination of all claims or any other task
before it, the Supreme Court may extend the period of operation of
the Property Board for one year at a time. In case of such an
extension, the Supreme Court may order retention by the Property
Board of specified assets to enable it to continue its work in
accordance with these provisions.
2. The Property Board may decide, by majority of five to two and
subject to the approval of the [executive heads] of the {component
states} acting by consensus, to wind itself up on a date earlier
than ten years after commencement of its operations, provided that
its work has been completed or appropriate provision has been made
for transfer to a competent body of any outstanding functions or
matters.
3. The Supreme Court may, upon application by the Property Board or
by the [executive heads] of the {component states} acting by
consensus, extend the period of operation of a specific section or
sections of the Property Board for one year at a time, in order to
enable completion of a specified function, and may order retention
by that section or sections of specified assets to enable the
continuation of work. Notwithstanding any such limited extension of
operation of a particular section or sections, the Property Board
shall be considered to be wound up for the purposes of these
provisions, unless the Supreme Court orders otherwise.
4. For the purposes of hearing and determining disputes over claims,
entitlements of dispossessed owners, current users or owners of
improvements, property valuation, right of first refusal, or title
to or other rights in respect of property, the relevant section of
the Property Board shall continue in operation for as long as the
Supreme Court deems fit.
5. Prior to its winding-up, the Property Board shall make
arrangements for the completion of any tasks or functions assigned
to it under these provisions, including any claims or disputes which
are pending or which may arise in future. For this purpose, it may
refer or request the Supreme Court to assign specified claims or
cases to other competent bodies or courts or to a section of the
Property Board, which will continue in operation by order of the
Supreme Court. The obligation to ensure or make arrangements for
completion of any tasks or functions under these provisions shall
also apply to any section of the Property Board which continues in
operation for any extended period.
6. At the time of winding-up of the Property Board and each of its
sections, each {component state} shall purchase any property or
assets located within that {component state} which are still held by
the Property Board, and which are no longer required for the purpose
of carrying out its functions or the functions of any section which
continues to operate for an extended period under this Article.
Purchase shall be at a price equal to market value at the time of
sale and the proceeds shall be deposited in the Compensation Fund.
Section B: Handling of property transferred to or via the Property
Board
Article 9 Handling of property transferred to or via the Property
Board
1. The Property Board shall receive transfer of title to affected
property which is:
a. Not claimed by a dispossessed owner within the time period set by
these provisions for submission of claims;
b. Owned by a dispossessed owner who receives compensation from the
Property Board or title to another property in exchange for his/her
title; or
c. Owned by a dispossessed owner who disposed of his/her interest in
an affected property of which s/he was the current user, in exchange
for transfer of title to such affected property to the subsequent
purchaser (or his her successors in title) in accordance with
Article 12.
2. In disposing of property transferred to it under these
provisions, the Property Board shall, in this sequence:
a. Offer the property for sale to the current user at current value;
b. Offer the property for sale to persons hailing from the
{component state} in which the property is located, at current
value, including potentially in exchange for compensation bonds;
c. Use it as alternative accommodation; or
d. Otherwise dispose of it in a prudent manner, at market value, to
generate funds for compensation purposes.
3. In all cases and at all times, the Property Board shall supervise
management of property transferred to it or otherwise under its
control in a prudent manner and in accordance with these provisions.
4. All funds generated from the sale or use of affected property
held by the Property Board shall be deposited into the Compensation
Fund.
Section C: Decision-making and claims for affected property
Article 10 Decision-making
1. The Property Board shall aim to reach all decisions by consensus.
If the members are unable to reach consensus on a decision, the
decision shall be taken by majority vote.
2. The Property Board shall consider any relevant material or
evidence put before it in respect of any claim for affected property
or any other matter which is within its jurisdiction or
decision-making power.
Article 11 Claims procedure
1. A dispossessed owner shall be entitled to file a claim with the
Property Board for recognition of his/her interest in or title to
affected property. In filing a claim for recognition of an interest
or title, a claimant shall also specify how s/he seeks to exercise
his/her property rights, namely by way of:
a. Compensation;
b. Reinstatement; or
c. Sale, exchange or lease.
2. A current user of an affected property who is also a dispossessed
owner, or a person who owns a significant improvement to an affected
property may apply to receive title to such properties.
3. Claims or applications for transfer of title must be filed within
a period of one year, commencing on a date to be determined by the
Property Board which shall be no later than one year after entry
into force of the Foundation Agreement. The decision fixing the
relevant date shall be published in the Official Gazettes of the
{common state} and the {component states}, in the most widely
circulated newspaper of each {component state} and in any other such
appropriate manner as determined by the Property Board.
4. A claim or application shall be filed together with certified
copies of any available evidence of the claimant's or applicant's
interest in or title to the affected property.
5. Holders of a part interest in or title to an affected property
shall, wherever possible, file joint claims.
6. Further detailed requirements for the filing and determination of
claims and applications in respect of affected property shall be set
out in rules, regulations, procedures, forms, evidence and any other
instruments adopted by the Property Board in accordance with these
provisions.
Article 12 Determination of claims and applications
1. Upon receipt of any claim for affected property, the Property
Board shall, following any necessary investigation and verification,
determine whether the claimant has a lawful interest in the
property.
2. Upon receipt of any application with respect to affected
property, the Property Board shall, following any necessary
investigation and verification, determine whether the applicant has
a sufficient interest in the property under these provisions.
3. If the Property Board determines that the claimant or applicant
is not the sole dispossessed owner or person with an interest in the
affected property, it shall make reasonable efforts to contact the
other interested parties, including the current user, before
deciding the claim or application.
4. The Property Board shall then determine whether the claimant or
applicant is entitled to exercise his/her rights in the manner
requested in the claim or otherwise under these provisions.
5. In its decision, the Property Board shall, if possible, state the
name and interest of any other holder of a lawful interest in the
property. Where it has been unable to locate or contact such persons
before deciding the claim or application, it shall publish its
decision in an appropriate manner.
6. In its decision, the Property Board shall also indicate the steps
necessary for the execution or implementation of the decision and,
where appropriate, shall order that they be taken within specified
time frames.
7. If the Property Board decides that a claimant or applicant has no
legal interest in the claimed affected property, it shall reject the
claim or application. At the same time, it may decide on the
interests of the other parties to the proceedings and issue orders
with respect to the property as appropriate.
Article 13 Decisions on reinstatement
1. Upon determination that a property is eligible to be reinstated,
the Property Board shall inform the claimant of its decision. It
shall hold the case as pending until all claims for reinstatement
have been reviewed, in order to determine the priority for
reinstatement in accordance with Article 15 of Annex VII.
2. The Property Board shall endeavour to determine the eligibility
of all claims for reinstatement before issuing final decisions on
reinstatement. If the determination of eligibility in some cases is
delayed, because of exceptional circumstances, the Property Board
may issue final decisions on reinstatement as soon as it has
determined the eligibility of at least 90% of the claims for
reinstatement. Reinstatement shall only be granted in the delayed
cases if the agreed levels for reinstatement have not yet been
reached, irrespective of the priority that the claimant might
otherwise have had.
3. The Property Board shall issue final decisions on reinstatement
of properties that are not subject to the agreed levels of
reinstatement in Article 15 of Annex VII as soon as it has
determined their eligibility for reinstatement.
4. Upon issuing a final decision on reinstatement, the Property
Board shall inform the current user of the affected property of the
decision, of his/her obligation to vacate the affected property and
of his/her rights to alternative accommodation; it may also inform
the authorities of the relevant {component state} responsible for
enforcement and implementation of the decision.
5. Reinstatement shall only occur after the current user has been
provided with alternative accommodation or the final deadline for
vacating the property as determined by the Property Board in
accordance with Attachment 3 has expired, whichever is the sooner.
Section D: Assistance with sale, exchange or lease
Article 14 Assistance with sale, exchange or lease
1. A dispossessed owner may request the Property Board for
assistance in connection with:
a. Sale of an interest in affected property;
b. Exchange of affected property for another property of similar
value in the {component state} from where he/she hails;
c. Purchase of an interest in affected property; or
d. The leasing of affected property.
2. A current user or other person may request the Property Board for
assistance in connection with the purchase, exchange or acquisition
of a leasehold interest in a property, which, if available, could
enable him/her to vacate the affected property.
3. The Property Board shall maintain a register of interested
dispossessed owners, current users and others who wish to engage in
sale, exchange or lease transactions and keep a record of such
transactions.
4. Upon the request of a dispossessed owner, current user, or other
person wishing to engage in a sale, exchange or lease transaction,
the Property Board may:
a. Offer basic advice and assistance on options and implications of
sale, exchange or lease transactions;
b. Provide services through mediation to facilitate sale, exchange
or lease transactions between interested parties, on an anonymous or
open disclosure basis, as preferred by the parties; or
c. Provide information about potential sale, exchange or lease
counterparts from its sale, exchange and lease register, to other
bona fide interested parties, in cases where the relevant person has
given consent to disclosure of such information.
Article 15 Standard form lease
The Property Board shall provide on request a standard form of lease
agreement.
Article 16 Sale, exchange and lease: other assistance
1. The Property Board shall refer any interested party on request to
a list of real estate agents of a high professional standard, who
are acting in one or both {component states} and who can assist
persons seeking advice regarding sale, exchange or lease
transactions in one or both {component states}.
2. Subject to these provisions, the Property Board's involvement in
a sale, exchange or lease transaction shall be limited to conveying
information between the counterparts to the potential transaction.
The Property Board shall not be responsible for negotiation or
completion of contractual arrangements, nor any resulting dispute or
loss.
Section E: Compensation fund and bonds
Article 17 Compensation Fund
A Compensation Fund shall be established in the Central Bank of
Cyprus and administered by the Property Board. The {common state}
shall provide the initial capital of X [insert figure] to the Fund.
In addition, the Fund shall receive all proceeds from the use or
disposal of property that has been transferred to the Property Board
and contributions from international donors.
Article 18 Use of compensation bonds
1. The Property Board shall issue bonds drawn on the Compensation
Fund, known as 'compensation bonds'.
2. Compensation bonds shall bear interest of X % [insert figure] per
year .
3. Compensation bonds may be used by holders for the following
purposes:
a. To purchase affected property from the holdings of the Property
Board at current value; or
b. To procure the payment by the Property Board of a deposit for
purchase of alternative accommodation on the open market; or
c. For sale to any person, who thereby acquires all entitlements of
the initial holder.
4. Compensation bonds and interest thereon shall be guaranteed by
the {common state}.
5. X years [insert figure] after entry into force of the Foundation
Agreement, compensation bonds shall be redeemable for cash from the
Compensation Fund. Thereafter, the Compensation Fund shall be wound
up and the {common state} shall receive any surplus remaining in the
Fund or cover its deficit, as applicable. Proceeds of any subsequent
sale of affected property from the holdings of the Property Board
shall go directly to the {common state}, which shall be obliged to
pay any compensation which may be awarded by the Property Board
after the winding-up of the Compensation Fund.
ATTACHMENT 3: MEASURES IN FAVOUR OF CURRENT USERS
Section A: Extension of deadlines for vacating affected property
Article 1 Property occupied by current users with sufficient
financial means
1. A current user of a property designated for reinstatement, with
sufficient financial means, may apply to the Property Board for an
extension to enable him/her to continue to use the property for
his/her own purposes for up to three years after the Property
Board's decision.
2. An application for an extension shall be granted by the Property
Board unless and up to the time when it is found that the current
user is not using the property for his/her own purposes, or that the
current user has immediate access to alternative accommodation.
3. The Property Board may extend the time limit under this Article
in cases of urgent humanitarian need, as determined by the Property
Board.
4. The current user shall pay market rent to the Property Board for
the period of continued use of the affected property from the date
of the Property Board's decision on eligibility for reinstatement.
5. At the end of the period fixed by the Property Board, the current
user shall vacate the affected property.
Article 2 Property occupied by current users without sufficient
financial means
1. A current user of a property designated for reinstatement,
without sufficient financial means, who is a Cypriot citizen and is
using the property for his/her own purposes, shall not be required
to vacate the property until alternative accommodation is made
available for them or until they are able, including through the
provision of preferential loans or other assistance, to buy or lease
on the market a property which meets the standard of alternative
accommodation.
2. Such current users may apply to the Property Board for:
a. Assistance to purchase or lease alternative accommodation, in the
form of preferential loans under these provisions; or
b. In cases of urgent humanitarian need and where not eligible for
preferential loans, the allocation of low-cost or cost-free
alternative accommodation from the holdings of the Property Board.
The Property Board shall grant such applications to persons meeting
its criteria, provided that alternative accommodation is available
in its holdings.
3. A current user of a property designated for reinstatement,
without sufficient financial means, who is a legal resident but not
a citizen of Cyprus and is using the property for his/her own
purposes, may apply for social housing or other housing assistance,
or for financial assistance from the {component state} of which they
are legal residents. Such current users shall not be required to
vacate the property until such housing or financial assistance is
available, up to a maximum of two years after the Property Board's
decision on eligibility for reinstatement.
4. The Property Board shall charge rent to any current user without
sufficient financial means, up to the maximum amount possible based
on his/her income and wealth.
Article 3 Payment of rent to dispossessed owner up to reinstatement
The Property Board shall pay market rent to the dispossessed owner,
effective from the date of the decision of the Property Board that
the property is eligible for reinstatement up to the date on which
reinstatement occurs.
Section B: Preferential loans
Article 4 Preferential loans
1. The Property Board shall oversee and administer a preferential
loans scheme with the assistance of international and local banks,
the {common state}, the {component states} and other donors. The
{common state} shall provide funds from its budget to support the
scheme.
2. Under this scheme, preferential loans shall be made available on
favourable terms for dispossessed owners, current users of affected
property and owners of significant improvements to affected property
who are Cypriot citizens and who are without sufficient financial
means, in order to facilitate the purchase, lease or reconstruction
of property (including the purchase of significantly improved
property) or make payments required under these provisions.
3. Loans under this scheme will be made available to people who meet
the criteria on condition that they agree to a 20 year moratorium on
sale of any property which they purchased or reconstructed or for
which they received title after making a payment to the Property
Board with preferential loan funds. This moratorium period may be
shortened or waived with the authorization of the Property Board.
Section C: Right of first refusal
Article 5 Right of first refusal for current user and others in
sales of affected property
1. For a transitional period of 20 years after entry into force of
the Foundation Agreement, any sale of a property to a person who has
not been a legal resident for at least three years of the {component
state} in which such property is located, is subject to a right of
first refusal by a current user, who is a Cypriot citizen, at the
proposed contract price. Such right shall apply:
a. For as long as the current user continues to use such property,
and
b. For five years thereafter, if the current user has vacated it to
allow reinstatement of the dispossessed owner.
2. If the current user does not exercise the right of first refusal
under the previous paragraph, any other person hailing from the
{component state} in which the relevant property is located shall
have a secondary right of first refusal, at the contract price.
3. Rights of first refusal under this Article may be exercised
within 45 days after the dispossessed owner signs a sales contract
with a potential purchaser, and at the same price as stated in any
such contract.
4. Any dispute regarding rights of first refusal shall be referred
to the Property Board. The {component states} shall enact harmonized
legislation as required to regulate and ensure enforcement of
contracts concluded under these provisions for rights of first
refusal, and otherwise between current users and persons hailing
from different {component states}.
ATTACHMENT 4: PROPERTY LOCATED IN AREAS SUBJECT TO TERRITORIAL
ADJUSTEMENT
Article 1 Application of these provisions to property in areas
subject to territorial adjustment
The Articles in this Attachment shall prevail over the other
provisions of Annex VII and its other attachments in relation to
affected property and other property in areas subject to territorial
adjustment. Where there are no specific provisions in this
Attachment, the other provisions of Annex VII and its other
attachments shall apply.
Article 2 Reinstatement of dispossessed owners
1. Subject to the modalities and conditions established in this
Attachment, any dispossessed owner of a property in areas subject to
territorial adjustment shall be entitled to reinstatement.
2. The Property Board shall issue final decisions on reinstatement
of properties located in areas subject to territorial adjustment, as
soon as it has determined that property is eligible for
reinstatement and shall order that such reinstatement take place as
soon as the current user has been relocated, but no later than three
years after entry into force of the Foundation Agreement.
3. The general moratorium and agreed maximum levels on reinstatement
under Annex VII shall not apply to areas subject to territorial
adjustment nor shall provisions permitting transfer of properties to
a current user or a subsequent purchaser.
4. The Property Board shall deal with claims regarding property in
areas subject to territorial adjustment on a priority basis.
Article 3 Improved properties
1. The dispossessed owner of any improved property shall pay the
market value of the improvement worth more than 10% of the value of
the property in its original state to Property Board. The owner of
the improvement is entitled to seek compensation from the Property
Board for its market value.
2. If the dispossessed owner satisfies the Property Board that an
improvement worth less than the value of the property in its
original state is inappropriate for his/her intended use of the
property which is similar to the use prior to dispossession, the
dispossessed owner shall not be required to pay for the improvement.
The Property Board may recover any compensation paid to the improver
if it subsequently finds that the dispossessed owner makes use of
the improvement.
3. Where the value of the improvement is greater than that of the
property in its original state and the dispossessed owner is not
prepared to pay for it, the owner of the improvement may apply to
receive title to the property in exchange for payment of the current
value of the original unimproved property. The dispossessed owner
shall retain a right of first refusal for a period of 20 years after
entry into force of the Foundation Agreement, for any contract for
sale, exchange or lease of the property, at the proposed contract
price.
Article 4 Owners of property in areas subject to territorial
adjustment who wish to leave
An owner of property in an area subject to territorial adjustment
who vacates such property after entry into force of the Foundation
Agreement may claim compensation from the Property Board for such
property at current value in exchange for his/her title to such
property, provided s/he can produce evidence of ownership before
1974 or of bona fide transfer from the 1974 owner.
Article 5 Current users of property in areas subject to territorial
adjustment
1. A current user of property in an area subject to territorial
adjustment who is a Cypriot citizen may choose to:
a. Remain in that area and purchase property there;
b. Receive alternative accommodation in that area, if entitled under
these provisions (see Attachment 3);
c. Claim reinstatement of his/her own affected property; or
d. Be relocated in the other {component state} and purchase property
or receive alternative accommodation there, if entitled under these
provisions.
2. A current user who is not a Cypriot citizen may seek housing or
financial assistance from the {component state} in which s/he is
legally resident.
DRAFT ANNEX VIII: RECONCILIATION COMMISSION
Article 1 Establishment
1. There shall be an independent, impartial Reconciliation
Commission.
2. The authorities of the {common state} and the {component states}
shall render the Commission full cooperation and shall issue
instructions to that effect to all concerned.
Article 2 Aims
With the objective of promoting understanding, tolerance and mutual
respect between Greek Cypriots and Turkish Cypriots, the
Reconciliation Commission shall, inter alia:
a. Promote a dispassionate dialogue between Greek Cypriots and
Turkish Cypriots regarding the past, by addressing, inter alia,
historical perspectives, experiences, and memories;
b. Prepare a comprehensive report on the history of the Cyprus
Problem as experienced and interpreted by Greek Cypriots and Turkish
Cypriots;
c. Make specific recommendations for action by the {common state}
and the {component states} aimed at promoting reconciliation,
including guidelines for publications and school textbooks so as to
promote mutual understanding of different perspectives on the past;
d. Make recommendations for the implementation of the requirement in
the Constitution for the teaching of the official languages to all
secondary school students; and
e. Make recommendations on guidelines for the observance of secular
public holidays by the {component states}.
Article 3 Powers
1. In furtherance of these aims the Reconciliation Commission may,
among other things:
a. Convene public or private hearings and set up research groups or
committees to discuss and/or inquire into questions, facts, events
and time periods related to its work;
b. Receive information from varied sources, from parties,
governments or individuals inside or outside Cyprus;
c. Consult experts in relevant fields;
d. Request and receive prompt, full and unhindered access to any and
all records, archives or information;
e. Prepare and publish interim reports, findings and
recommendations;
f. Adopt and publish rules, regulations and procedures required for
the performance of its functions; and
g. Perform other tasks which may be incidental or related to the
performance of its functions.
2. The Commission shall have no prosecutorial or other criminal
legal function or powers.
3. The Commission may decide to protect the confidentiality of its
sources and proceedings.
4. The work, proceedings, reports and recommendations of the
Commission shall be without prejudice to the work of other existing
bodies or committees, including the Committee on Missing Persons in
Cyprus.
Article 4 Composition
1. The Reconciliation Commission shall be composed of
[five/seven/nine] men and women, committed to reconciliation in
Cyprus and possessing appropriate integrity, credibility and
expertise, comprising an equal number of Greek Cypriots and Turkish
Cypriots, as well as at least one non-Cypriot member.
2. The Secretary-General is invited to appoint the members of the
Commission, after consultation with the two sides and the public,
and to appoint any replacements in the same way.
3. The Commission shall be assisted by a group of qualified staff.
Article 5 Duration
1. The process of consultation for appointment of the members of the
Reconciliation Commission shall commence no later than 60 days after
entry into force of the Foundation Agreement. The Commission members
shall be appointed within a further 60 days and be inaugurated
within a further two weeks.
2. Unless the Secretary-General, in consultation with the two sides
and the members of the Commission, decides to grant an extension of
up to six months, the Commission shall submit its final report on
its conclusions and recommendations no later than 30 October 2005.
Article 6 Costs
The costs of establishing and running the Reconciliation Commission
shall be met by the {common state}, which may request contributions
from the guarantor powers and other international donors.
Article 7 Recommendations and reports
1. The Reconciliation Commission shall submit its reports and
recommendations to the Secretary-General of the United Nations, the
{common state} and the {component states}.
2. The final report and all recommendations by the Reconciliation
Commission shall be given wide dissemination by the {component
states}. The final report shall be published in English, Greek and
Turkish. The findings of the final report shall be reflected in
relevant school textbooks
Article 8 Follow-Up Procedures
1. After the submission of the Commission s final report, a
follow-up committee, appointed [insert method of appointment], shall
monitor the implementation of the Commission s recommendations.
2. The authorities of the {common state} and each {component state}
shall be required to submit reports every 120 days to the committee
on the implementation of recommendations. Such reports shall explain
the reasons for failure to implement specific recommendations.
[insert additional articles as necessary; including, inter alia, on
procedures for public consultation regarding appointment of members;
immunities; the giving of evidence; remuneration of Commission
members, etc]
DRAFT ANNEX IX: COMING INTO BEING OF THE NEW STATE OF AFFAIRS
Article 1 Conduct of separate simultaneous referenda
1. Each side shall organise a referendum on 30 March, asking the
following question:
''Do you:
i) Approve the Foundation Agreement and all its Annexes, including
the Constitution of Cyprus;
ii) Approve the Constitution of the [Greek Cypriot/Turkish Cypriot]
{component state} and the provision as to the laws to be in force
for the {component state}
iii) Approve the terms of the draft Treaty between Cyprus, Greece,
Turkey and the United Kingdom on matters related to the new state of
affairs in Cyprus, and require the signature by the Co-Presidents of
the Treaty;
iv) Approve the accession of Cyprus to the European Union in
accordance with the conditions of accession laid down in the draft
Treaty concerning accession of Cyprus to the European Union, and
require the signature and ratification by the Co-Presidents of the
Treaty?
Yes [ ]
No [ ]''
2. The documents to be approved or being referred to in the
referendum question shall be made available free of charge to any
voter so requesting in Greek, Turkish or English and shall be placed
on a common website in the same languages.
Article 2 Entry into force of the Foundation Agreement
At 00:00 hours the day after confirmation by the Secretary-General
of its approval at separate simultaneous referenda, the Foundation
Agreement shall immediately enter into force, thereby bringing into
being a new state of affairs.
Article 3 Flag-raising ceremonies
Upon entry into force of the Foundation Agreement, there shall be
ceremonies throughout the island at which all flags other than those
prescribed in the Constitution shall be lowered, the flags of Cyprus
and of the {component states} shall be raised in accordance with the
Constitution of Cyprus and relevant legislation, and the anthems of
Cyprus and of the {component states} shall be played.
Article 4 The United Nations
Upon entry into force of the Foundation Agreement, the Co-Presidents
shall inform the United Nations that henceforth the membership
rights and obligations of Cyprus in the United Nations shall be
exercised in accordance with the new state of affairs. The agreed
flag of Cyprus shall be raised at United Nations Headquarters.
DRAFT ANNEX X: CALENDAR OF IMPLEMENTATION
[insert calendar of implementation of obligations in the Foundation
Agreement, as well as in other parts of the Comprehensive
Settlement.]
APPENDIX B
MEASURES TO ACCOMPANY AND FACILITATE THE FINALIZATION PROCESS
During the period between the signature of the Comprehensive
Settlement and the separate simultaneous referenda to approve the
Foundation Agreement, the following provisions shall be applied:
Article 1 Finalization of Foundation Agreement
1. The two leaders shall make the finalization of the Foundation
Agreement by no later than 28 February 2003 their primary aim and
the primary aim of their authorities.
2. The two leaders shall restrict their activities, and the
activities of their authorities, to business strictly indispensable
for the functioning of their authorities. All actions shall take
into account the letter and spirit of the draft Foundation
Agreement.
3. Any indispensable business in the field of foreign relations
shall be conducted in close consultation between the two leaders and
shall promote the common interests of the two sides. There shall be
no state visits.
Article 2 Committees to finalize Foundation Agreement
Upon signature of the Comprehensive Settlement, the two leaders
shall appoint persons to participate in bilateral committees, which
shall be chaired by United Nations representatives and shall make
recommendations by consensus, prior to the end of the finalization
period, on the finalization of the Annexes to the Foundation
Agreement.
Article 3 Flag and anthem competition
A competition shall be conducted to conceive a flag and anthem for
Cyprus, and a bilateral committee, chaired by the United Nations,
shall make recommendations by consensus to the two leaders from
among entries received.
Article 4 {component state} constitutions and legislation
1. Each side shall, without delay, make necessary preparations on
{component state} matters to be put to referendum together with the
Foundation Agreement. To this end,
a. Each side shall prepare a draft {component state} constitution
consistent with the draft Constitution of Cyprus.
b. Each side shall prepare a provision specifying those laws that
shall become laws of the respective {component state}, provided that
such laws do not fall within the agreed sphere of competence of the
{common state} and are also otherwise compatible with the Foundation
Agreement.
c. Each side shall include the following provision in the draft
{component state} constitution:
i) ''{component state} laws adopted pursuant to a provision put to
referendum together with the Foundation Agreement and this
Constitution shall, as from entry into force of the Foundation
Agreement, be applied in this {component state} with such
modifications as may be necessary to bring them into conformity with
the Foundation Agreement and the Constitution of this {component
state}.
ii) No provision in any such law which is contrary to or
inconsistent with any provision of the Foundation Agreement or this
Constitution shall so continue to be in force.
iii) The term ''modification'' in the above paragraphs includes
amendment, adaptation and repeal.''
Article 5 Measures to promote confidence
1. Steps shall be taken without delay to lift restrictions on trade,
movement of tourists, and participation in international sporting
and cultural activities.
2. Any restrictions on the freedom of movement of UNFICYP shall be
terminated with immediate effect.
Article 6 Transitional Supreme Court judges
1. The two leaders shall by consensus select, from a list of
candidates presented by the presumed members of the transitional
Judiciary Board, three non-Cypriot judges and three judges from each
side to sit on the transitional Supreme Court of Cyprus for a period
of one year after entry into force of the Foundation Agreement.
2. The presumed members of the transitional Judiciary Board in
accordance with the provisions of the draft law shall within 30 days
of signature of the Comprehensive Settlement meet upon the
invitation of the United Nations in order to propose candidates for
the transitional Supreme Court.
Article 7 Import and distribution licenses
The two sides shall conclude arrangements, without prejudice to the
application of European Union law, for the purpose of ensuring that
the Foundation Agreement and the new state of affairs shall not be
construed as altering rights enjoyed by businesspeople under import
and/or distribution licenses prior to entry into force of the
Agreement, and that such licenses shall where possible be construed
as licensing such persons to continue operating their businesses in
their {component state} after entry into force of the Foundation
Agreement.
Article 8 Missing persons
The two leaders shall without delay take steps to conclusively
resolve the issue of missing persons. Both sides shall cooperate
fully with the Committee on Missing Persons in Cyprus, in accordance
with its terms of reference and keeping in mind their agreement
reached on 31 July 1997. Each side shall carry out and conclude any
and all necessary inquiries, including exhumations.
APPENDIX C
TREATY BETWEEN CYPRUS, GREECE, TURKEY AND THE UNITED KINGDOM ON
MATTERS RELATED TO THE NEW STATE OF AFFAIRS IN CYPRUS
Cyprus, the Hellenic Republic, the Republic of Turkey and the United
Kingdom of Great Britain and Northern Ireland,
i. Welcoming the Comprehensive Settlement of the Cyprus Problem and
the approval of the Foundation Agreement through separate referenda
by the Greek Cypriots and the Turkish Cypriots, and the decision for
Cyprus to accede to the European Union and
ii. Desiring to contribute to a peaceful and harmonious future for
Cyprus and for Cyprus to be a bridge of friendship between Greece
and Turkey within a peaceful environment in the Eastern
Mediterranean
Adopt the following provisions:
Article 1 Approval of Foundation Agreement
The annexed Foundation Agreement is herewith approved and agreed and
shall be considered an integral part of this Treaty.
Article 2 Monitoring Committee
1. The parties agree on the creation of a Monitoring Committee
composed of one representative of each guarantor power, two
representatives of the {common state} government (one hailing from
each {component state}), one representative of each {component
state} and, pursuant to a decision of the United Nations Security
Council, one representative of the United Nations who shall chair
the committee.
2. The Monitoring Committee shall monitor the implementation of the
Foundation Agreement, and may make recommendations regarding any
development which may endanger its implementation.
Article 3 Additional Protocol to the Treaty of Guarantee
The annexed Additional Protocol to the Treaty of Guarantee is
herewith approved and agreed, and shall enter into force together
with this Treaty.
Article 4 Additional Protocol to the Treaty of Alliance
The annexed Additional Protocol to the Treaty of Alliance is
herewith approved and agreed by the parties concerned, and shall
enter into force for them upon signature together with this Treaty.
Article 5 Transitional Security Arrangements
The annexed Transitional Security Arrangements are herewith approved
and agreed by the parties concerned, and shall enter into force for
them upon signature together with this Treaty.
Article 6 Entry into force
1. This treaty shall enter into force upon signature.
2. The parties shall proceed as soon as possible to the registration
of the this Treaty with the Secretariat of the United Nations, in
accordance with Article 102 of the Charter of the United Nations.
DRAFT ANNEX I: FOUNDATION AGREEMENT
[insert text of Foundation Agreement as approved in separate
simultaneous referenda]
DRAFT ANNEX II: ADDITIONAL PROTOCOL TO THE TREATY OF GUARANTEE
Cyprus, Greece, Turkey and the United Kingdom have agreed as
follows:
Article 1
1. The Treaty of Guarantee shall apply mutatis mutandis to the new
state of affairs established in the Foundation Agreement and the
Constitution of Cyprus, thereby covering, in addition to the
independence, territorial integrity, security and constitutional
order of Cyprus, the territorial integrity, security and
constitutional order of its {component states}.
2. ''Constitutional order'' shall mean the Constitution of Cyprus
and the Constitution of each {component state}, including any
amendments to any of them in accordance with the provisions for
amendment laid down in the relevant constitution; thus the
references to ''Basic Articles''; in the Treaty shall be
superseded.''
Article 2
This Protocol shall enter into force upon signature and shall have
precedence over other provisions of the Treaty of Guarantee.
Signature Signature Signature Signature
Cyprus Hellenic Republic Republic of Turkey United Kingdom of Great
Britain and Northern Ireland
DRAFT ANNEX III: ADDITIONAL PROTOCOL TO THE TREATY OF ALLIANCE
Cyprus, Greece and Turkey
i. Bearing in mind that in accordance with the Foundation Agreement
and its Constitution, Cyprus shall be demilitarized
ii. Reaffirming their pledge to resist any attack or aggression
against the independence or the territorial integrity of Cyprus
Have agreed as follows
Article 1
The Treaty of Alliance shall apply and operate mutatis mutandis in
accordance with the new state of affairs established in the
Foundation Agreement and the Constitution of Cyprus, taking into
account in particular the demilitarization of Cyprus.
Article 2
There shall be no Tripartite Headquarters. The provisions of the
Treaty of Alliance shall apply mutatis mutandis to the commanders of
the Greek and Turkish contingents, who shall consult and cooperate
in the performance of their functions pursuant to the Treaty.
Article 3
The Greek and Turkish contingents, each not exceeding [insert
4-digit figure] all ranks, shall be permitted to be stationed under
the Treaty of Alliance in the Greek Cypriot {component state} and
the Turkish Cypriot {component state} respectively. The composition,
equipment, locations and activities of the Greek and Turkish
contingents shall be as specified in the Attachment to this
Additional Protocol.
This Protocol shall enter into force upon signature and shall have
precedence over other provisions of the Treaty of Alliance.
ignature Signature Signature
Cyprus Hellenic Republic Republic of Turkey
Attachment: Composition, equipment, locations and activities of
Greek and Turkish contingents
ATTACHMENT 1: COMPOSITION, EQUIPMENT, LOCATIONS AND ACTIVITIES OF
GREEK AND TURKISH CONTINGENTS
Article 1 Composition
The composition of each contingent for all services shall be
equivalent in terms of structure and strength and shall consist of a
headquarters, formed units and individuals. The composition of the
contingents shall include the following types of units up to the
maximum indicated strength:
Type of Unit
Maximum Strength
Armoured Battalion
Infantry Battalion
Engineer Company
Artillery Battalion
Signal Company
Aviation Battalion (Helicopter)
Air Defence Battery
Support Unit
Medical Unit
Brigade HQ
[ ]
[ ]
Article 2 Weapons and equipment
The contingents shall have equivalent weapons and equipment
commensurate with the type and number of units. Their weapons and
equipment shall include the following, up to the maximum indicated
number, with limitations notably concerning armoured vehicles, heavy
weapons and artillery systems and offensive weapons such as attack
helicopters:
Type of Weapon/Equipment Maximum Number
Type of Weapon/Equipment
Maximum Number
Battle tanks (medium)
Infantry fighting vehicles including APCs
(main gun up to 25 mm)
Towed artillery pieces (up to 155 mm calibre)
Air defence missiles (short range up to 7000m)
[ ]
[ ]
Article 3 Activities
The contingents shall be restricted to typical peacetime activities
for formed military units, mainly encompassing training within the
compounds and military quarters, maintenance of equipment and
material, ceremonies and parades and training in designated training
fields.
Article 4 Facilities
The designated military facilities in which troops and equipment
shall be based are the following:
Contingent
Location[27]
(with grid reference)
Number of Troops
Greek
Turkish
Article 5 Training fields
The designated training fields for each contingent are the
following:
Contingent
Location[28]
(with grid reference to 4 digits)
Greek
Turkish
Article 6 Movement
The contingents shall move troops in the {component state} in which
they are located by the most direct route between points of
embarkation, garrisons and training areas and shall not approach the
boundary between the {component states} or the areas subject to
territorial adjustment, unless the existing road infrastructure
necessitates otherwise.
Article 7 Notice
The contingents shall inform each other and the United Nations in
writing [insert number] days in advance of the timing, location and
purpose of any movement of troops, including for field training. A
movement of troops shall be defined as more than [insert figure]
military transport vehicles with a capacity of [insert figure]
passengers or more in each vehicle.
[insert additional articles as necessary]
DRAFT ANNEX IV: TRANSITIONAL SECURITY ARRANGEMENTS
Article 1 Dissolution of Greek Cypriot and Turkish Cypriot forces,
including reserve units
All Greek Cypriot and Turkish Cypriot forces, including reserve
units, shall be dissolved, and their arms removed from the island,
in accordance with a timetable which shall commence no later than
five months following the signature of the Treaty on matters related
to the new state of affairs in Cyprus [''T-day''] and shall be
carried out as follows:
a. [From T-day + 150 to T-day + 270: 20 per cent; (4 months)]
b. [From T-day + 271 to T-day + 450: 25 per cent; (6 months)]
c. [From T-day + 451 to T-day + 630: 25 per cent; (6 months)]
d. [From T-day + 631 to T-day + 870: 30 per cent; (8 months)]
Article 2 Adjustment of Greek and Turkish forces
Greek and Turkish forces and armaments shall be redeployed to agreed
locations and adjusted to agreed levels, and any excess forces and
armaments withdrawn, in accordance with a timetable which shall
commence no later than five months following T-day and shall be
carried out as follows:
a. [From T-day + 150 to T-day + 270: 20 per cent; (4 months)]
b. [From T-day + 271 to T-day + 450: 25 per cent; (6 months)]
c. [From T-day + 451 to T-day + 630: 25 per cent; (6 months)]
d. [From T-day + 631 to T-day + 870: 30 per cent; (8 months)]
APPENDIX D
MATTERS TO BE SUBMITTED TO THE UNITED NATIONS SECURITY COUNCIL FOR
DECISION
I.
Pursuant to the terms of the Comprehensive Settlement of the Cyprus
Problem, the Secretary-General of the United Nations shall, upon
certification by him of the Foundation Agreement and the finalized
Annexes thereto, request the Security Council to take decisions to
enter into force simultaneously with the Foundation Agreement, in
which the Security Council would:
1. endorse the Foundation Agreement and, in particular;
a. take formal note that any unilateral change to the state of
affairs established by the Foundation Agreement, in particular union
of Cyprus in whole or in part with any other country or any form of
partition or secession, is prohibited; and
b. acknowledge the political equality and distinct identity of Greek
Cypriots and Turkish Cypriots and the equal status of their
{component states} in the State of Cyprus; and
2. prohibit the supply of arms to Cyprus in a manner that is legally
binding on both importers and exporters;
3. decide to maintain a United Nations peacekeeping operation in
Cyprus, which shall remain so long as the government of the {common
state}, with the concurrence of both {component states}, does not
decide otherwise, and shall be authorized to deploy and operate
freely throughout Cyprus with the following mandate
''to monitor the implementation of the Foundation Agreement and use
its best efforts to promote compliance with it and contribute to the
maintenance of a secure environment; and in particular:
a. to monitor and verify compliance with the security provisions in
the Foundation Agreement, including:
i) the dissolution of all Greek Cypriot and Turkish Cypriot forces,
including reserve units, and the removal of their arms from the
island;
ii) the adjustment of Greek and Turkish forces and armaments to
agreed equal levels;
b. to monitor and verify compliance with the provisions in the
Foundation Agreement pertaining to the police of the {common state}
and {component states}
c. to use its best efforts to ensure the fair and equal treatment
under the law of persons from one {component state} by the
authorities of the other;
d. to supervise the activities relating to the transfer of areas
subject to territorial adjustment;
e. to chair, and provide administrative support to, the Monitoring
Committee to be established under the Treaty between Cyprus, Greece,
Turkey and the United Kingdom on matters related to the new state of
affairs in Cyprus;
f. to implement its mandate through, for example, conducting patrols
and establishing positions and roadblocks, as well as receiving
complaints, making inquiries, presenting facts, giving formal advice
and making representations to the authorities."
II.
The authorities of the {common state} and of the {component states},
as well as the Greek and Turkish contingents stationed on the
island, shall cooperate with the United Nations operation. The cost
of the operation to the United Nations shall be borne by Cyprus.
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 THE EUROPEAN UNION
i. 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]
ii. Taking into account the Treaties of Guarantee and Alliance, the
Additional Protocols thereto, and the Treaty of Establishment
iii. Bearing in mind and respecting the demilitarization of Cyprus
iv. 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
v. 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
vi. 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
vii. 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}
viii. Underlining that accession to the European Union shall benefit
Greek Cypriots and Turkish Cypriots alike and promote development to
help reduce economic disparities
ix. 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
x. Taking into account the special relations of Greek Cypriots and
Turkish Cypriots with Greece and Turkey respectively
xi. 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
xii. Wishing to accord, to the extent compatible with the European
Union membership of Cyprus, similar rights for Greek and Turkish
nationals vis-`-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:
a. 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}
b. The right of Cypriot citizens to reside in a {component state} of
which they do not hold internal {component state} citizenship
status, if
i) The number of such residents has reached one third of the total
population of a municipality or village; or
ii) 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;
c. 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}
d. 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.
PARAGRAPH REQUESTED TO BE INCLUDED IN THE CONCLUSIONS OF THE
COPENHAGEN EUROPEAN COUNCIL
The European Union undertakes to adopt special measures, including
financial aid, to contribute to the alignment of Turkish Cypriot
legislation to the acquis, to the enhancement of administrative
capacity in the Turkish Cypriot {component state}, and to the
narrowing of economic disparities within Cyprus.
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