Foundation Agreement
Annex IV, Attachment 3
Cooperation Agreement between the federal government and the constituent states on police matters
I. Preliminary Provisions
1. – In this Agreement, unless the context otherwise requires -
“Constitution” means the Constitution of the United Cyprus Republic;
“Cooperation Committee” means the Police Cooperation Committee established under article 30 of this Agreement;
“Cyprus” means the United Cyprus Republic;
“Europol” means the European Police Office established by the Convention on the establishment of a European Police Office, signed on 27 July 1995;
“FIU” means the Financial Intelligence Unit established under the Federal Law on the Prevention and Suppression of Money Laundering;
“hot pursuit” means, where a person commits a flagrant offence punishable by imprisonment, the pursuit of such person by a police officer belonging to the Police Force of a constituent state, provided the said pursuit is initiated in the constituent state of the Police Force to which the police officer belongs;
“JIA” means the Joint Investigation Agency established under Article 17 of the Constitution and functioning under the Constitutional Law on the Composition and Functions of the Joint Investigation Agency;
“law-enforcement agencies” means the Police Forces, the FIU and the JIA;
“member of a law-enforcement agency” means any police officer or other person belonging permanently or temporarily to the personnel of a law-enforcement agency and includes persons providing services to such law-enforcement agency under a contract;
“Police Academy” means the Federal Police Academy established under the provisions of the Federal Law on the Federal Police;
“Police Forces” means the Federal Police and the constituent state Police Forces;
“police officer” means any police officer belonging permanently or temporarily to the personnel of a law-enforcement agency.
II. General rules
2.- The law-enforcement agencies shall cooperate in the performance of their respective tasks, in accordance with the provisions of this Agreement.
3.-(1) The law-enforcement agencies shall, in carrying out their respective missions, take every possible steps for the purpose of contributing towards –
a) preventing, combating and detecting crime, maintaining public order and upholding the law, in Cyprus as a whole,
b) preserving public tranquility, and
c) promoting friendship and mutual understanding between all citizens of Cyprus.
(2) Without prejudice to the general application of the provisions of paragraph (1) above, specific modalities for achieving the goals set out in the said paragraph may be agreed within the Cooperation Committee.
4.- All police officers, irrespective of the law-enforcement agency to which they belong, shall contribute at all times and in all circumstances to the protection of life and property of the citizens of Cyprus and to the protection of their rights and freedoms.
5.- The Federal Police, the FIU and the JIA shall carry out their functions and exercise their powers anywhere in Cyprus in a co-operative manner and, in so doing, shall not be in any way hindered or obstructed by the Police Forces or any other authorities of the constituent states.
III. General exchange of information
6.-(1) The law-enforcement agencies shall communicate to each other any information that they possess or acquire, which they consider as potentially relevant to the investigation of an offence which is not within their field of competence or where they consider that the said information may justify the adoption of prevention and/or repression measures, that they are not competent to adopt.
(2) The law-enforcement agencies shall inform each other regularly on the follow-up of the information exchanged under paragraph (1) above.
7.- The law-enforcement agencies shall report to the federal Attorney General and/or to the Attorneys General of the constituent states, any information that they consider relevant to the prosecution of an offence for which the above Independent Officers are competent.
8.-(1) All law enforcement agencies shall make available to each other the Police Stop and Watching List maintained by them.
(2) Details regarding the use of information contained in the Police Stop and Watching List, as well as regarding the cooperation to be established between the law-enforcement agencies with regard to the
collection, evaluation and sharing of relevant information, shall be decided by the Cooperation Committee.
9.-(1) The National Schengen Information System, which is established and maintained by the Federal Police, shall be made available to the Police Forces of the constituent states under conditions which will be fully compatible with the obligations of Cyprus as a member of the European Union and with the aim of the full implementation of the Schengen acquis.
(2) Details regarding the use of information contained in the National Schengen Information System, as well as regarding the cooperation to be established between the law-enforcement agencies with regard to the collection, evaluation and sharing of relevant information, may be decided by the Cooperation Committee, provided that everything that is decided in that respect is fully compatible with the obligations and the aim referred to in paragraph (1).
10.- If any law-enforcement agency omits or refuses, in breach of the provisions of this Agreement, to provide any information that it has in its possession, the matter shall be discussed in the Cooperation Committee upon a request by any other law-enforcement agency. In such case, the law-enforcement agency purported to be in breach of its obligations under this Agreement shall provide to the Cooperation Committee explanations for its conduct. If it is so requested by any member of the Cooperation Committee, the said Committee shall notify the Chief of the relevant law enforcement agency and hear the police officers responsible for the transmission of information in the law-enforcement agency which is purported to be in breach of its obligations.
IV. Assistance upon request
11.-(1) The law enforcement agencies shall afford to, and shall be entitled to receive from, each other within the areas of their competence, upon request, the widest measure of mutual assistance and cooperation in investigations, prosecutions and judicial proceedings.
(2) Mutual assistance and cooperation to be afforded, in accordance with paragraph (1), may be requested for –
a) collecting evidence or taking statements;
b) effecting service of judicial documents;
c) executing arrests;
d) executing searches and seizures;
e) freezing assets;
f) examining objects;
g) visiting and observing sites;
h) providing information, evidentiary items and expert evaluations;
i) examining evidence in the light of information contained in data bases;
j) providing information or certified copies of relevant documents or records;
k) identifying or tracing proceeds of crime, property, instrumentalities or other things for evidential purposes;
l) facilitating the voluntary appearance of witnesses before any court;
m) erecting or placing barriers in or across any public road or public street or in any public place.
(3) Requests of assistance under this article shall be made or confirmed as soon as possible in writing.
(4) Any refusal or failure to provide assistance requested under this article shall, if it is so requested by any law-enforcement agency, be discussed in the Cooperation Committee.
12.– Any assistance requested by the Federal Police, the FIU or by the JIA for executing a search warrant, shall be promptly provided by the Police Force of the constituent state where the search warrant is to be executed.
13.-(1) Any search warrant issued by a court of a constituent state at the request of the police force of the same constituent state for a search in the territory of the other constituent state shall be forwarded to the court of competent jurisdiction of the latter who shall endorse it for execution by the police of that constituent state.
(2) In the case referred to in paragraph (1), at least one member of the requesting Police Force shall be authorised to be present during the execution of the search warrant.
(3) Under this article, the executing Police Force shall be authorised to search the place designated in the search warrant and to seize –
a) anything upon or in respect of which any offence has been or is suspected to have been committed,
b) anything for which there is reasonable ground for believing will afford evidence as to the commission of any offence, and
c) anything for which there is a reasonable ground for believing is intended to be used for the purpose of committing any offence.
(4) When, upon the execution of a search warrant under this article, anything is seized, it shall be brought by the executing Police Force before any judge of its constituent state, whereupon the said judge shall order that such thing be delivered to the requesting Police Force, if he has reasonable grounds to believe that the offence justifying the seizure was committed or was intended to be committed in the requesting Police Force’s constituent state. Such order shall be immediately executed by the executing Police Force.
14.-(1) In the event of a disaster or of a present or imminent serious disturbance of public order, where the competent law-enforcement agency (the requesting agency) does not have sufficient means of action, it shall obtain, upon request, every possible assistance from any other law-enforcement agency. Any such request shall be promptly fulfilled by the requested law enforcement agency.
(2) During any action undertaken for the purpose of providing assistance under paragraph (1) above, the personnel of each law-enforcement agency shall remain under its own command. Any such action shall be coordinated by the requesting agency.
V. Arrests
15. – Every warrant of arrest issued by any competent court in Cyprus shall be notified to all law-enforcement agencies. Every police officer shall be under the obligation to execute such warrant of arrest.
16.-(1) Where a warrant of arrest is executed outside the constituent state where it was issued –
a) the law-enforcement agency which is competent in respect of the offence or offences that the person arrested is suspected of having committed shall be immediately informed of the arrest, and
b) the person arrested shall as soon as practicable after his arrest, and in any event not later than twenty-four hours after his arrest, be brought before the competent court of the constituent state where the arrest was made, if not earlier released.
(2) Such court shall, if satisfied that the person arrested is the person intended to be arrested and that reasonable grounds exist for such arrest, direct his removal in custody to the court that has issued the warrant. In such case –
a) if the person arrested is not in the custody of the law-enforcement agency which has competence in respect of the offence that he is suspected of having committed, the said person shall be delivered to such law-enforcement agency as soon as practicable and, in any event not later than twenty-four hours after he was brought to a court for the first time;
b) the law-enforcement agency which has competence in respect of the offence that the person arrested is suspected of having committed shall, upon the said person having been delivered to it, be obliged to immediately take the said person in custody to the court which issued the warrant.
17.-(1) Where a person is arrested for a flagrant offence punishable with imprisonment, by a police officer who belongs to a law-enforcement agency which has no competence in respect of the said offence, the person arrested shall be delivered, as soon as practicable and, in any event, not later than twelve hours after his arrest, to a law-enforcement agency which has such competence.
(2) The police officer who carried out the arrest referred to in paragraph (1) shall fully cooperate, for the purpose of the investigation and prosecution of the case, with the law-enforcement agency to which the arrested person is delivered.
VI. Hot pursuit
18.-(1) Subject to the provisions of paragraphs (2) and (3), a hot pursuit may be carried out, without any restriction, in any part of the territory of Cyprus.
(2) Where the police officer who carries out the hot pursuit enters the constituent state where he has no jurisdiction, he shall immediately inform his constituent state police operations centre which, in turn, shall immediately inform the police operations centre of the other constituent state. The Police Force of the other constituent state shall strive to join the hot pursuit as soon as possible and assume command of the operation thereafter.
(3)
a) Any person who, as a result of a hot pursuit, is arrested in a constituent state by a police officer (the arresting officer) belonging to the Police Force of the other constituent state, shall be immediately delivered by the arresting officer to the Police Force of the constituent state where the arrest was effected.
b) Such Police Force, in full cooperation with the arresting officer and in the presence of the latter, shall bring the person arrested, as soon as practicable and, in any event, not later than twenty-four hours after his arrest, before the competent court of the constituent state where the arrest was effected.
c) Such court may issue a warrant of arrest and direct that the arrested person be delivered to the Police Force of the constituent state where the alleged offence was committed.
VII. Joint operations
19.- The Police Forces of the constituent states may carry out joint operations when the criminal offence or the threat of an offence in relation to which the operation is carried out has taken place or is developing in both constituent states.
20.- In the event of a joint operation, the direction of the operation shall belong, unless otherwise agreed between the Police Forces involved, to the Police Force which has territorial competence in the area where the operation is carried out.
VIII. Interpol and Europol
21.- The relations of Cyprus with Interpol shall be carried out by or through the Federal Police.
22.-(1) The Cyprus National Central Bureau (NCB) of Interpol shall function within the Federal Police.
(2)
a) Requests for investigation received by the NCB shall be forwarded to the Police Forces of the constituent states when the matter to be investigated falls within their fields of competence.
b) Upon receipt of such request, the Police Forces of the constituent states shall, with due diligence and without delay, investigate the matter and transmit the results of their investigation to the NCB.
(3)
a) The Police Forces of the constituent states may transmit to the NCB requests for investigation.
b) Upon receipt of such requests, the NCB shall forward them without delay to the General Secretariat or to member states of Interpol, as appropriate. Any replies to such requests received by the NCB shall be forwarded, without delay, to the Police Force that formulated the request.
23.-(1) Cyprus shall be represented at the General Assembly of Interpol by the Chief or a senior officer of the Federal Police. The Cooperation Committee shall decide on the officers of other law-enforcement agencies that may accompany the representative of Cyprus, within the limits that may exist as to the size of delegations participating at the General Assembly.
(2) The positions that Cyprus will support in the General Assembly of Interpol shall be decided by the Cooperation Committee, provided that the Cooperation Committee may authorize the members of the delegation of Cyprus to the General Assembly to determine those positions.
24.- The relations of Cyprus with Europol shall be carried out by or through the federal government.
25.-(1) The Cypriot member of the Europol Management Board shall be appointed by the Presidential Council.
(2) The liaison officer(s) of Cyprus in Europol shall belong to the Federal Police or to the federal public service and their posting as liaison officer(s) shall be decided by the Presidential Council.
26.-(1) The European Police Office (EPO) in Cyprus shall be established within the Federal Police.
(2)
a) Requests for information or for investigation received by the EPO shall be forwarded to the Police Forces or other competent authorities of the constituent states when the information to be provided or the matter to be investigated falls within their fields of competence.
b) Upon receipt of such request, the Police Forces or other competent authorities of the constituent states shall, with due diligence and without delay, gather the information or investigate the matter, as the case may be, and transmit the information or the results of the investigation to the EPO.
(3)
a) The Police Forces of the constituent states may transmit to the EPO requests for investigation.
b) Upon receipt of such requests, the EPO shall forward them without delay to Europol. Replies to such requests received by the EPO shall be forwarded, without delay, to the Police Force that formulated the request.
27.-(1) Invitations received from Interpol or Europol for conferences or meetings on a specific subject shall be communicated by the Federal Police to all law-enforcement agencies.
(2) The Cooperation Committee shall decide which law-enforcement agency shall participate on behalf of Cyprus in each conference or meeting, basing its decision on the competences and missions of each law-enforcement agency.
28.-(1) Offers for practical training or training courses received from Interpol and Europol shall be communicated by the Federal Police to all law-enforcement agencies.
2) The Cooperation Committee shall decide on the attribution of such practical training or training courses to each law-enforcement agency, basing its decision on-
a) the relevance of each practical training or training course to the specific duties of each law-enforcement agency, and
b) the relative size of each law-enforcement agency.
IX. Common training
29.- The Police Academy shall provide advanced and specialized training courses for the members of all law-enforcement agencies, including courses to be provided in English, with the aim of promoting common practices and a uniformly high level of training and of contributing towards achieving the goals set out in this Agreement.
Provided it is practically possible, each member of the Police Forces of the constituent states should attend at least one course provided by the Police Academy.
X. Police Cooperation Committee
30.-(1) A Police Cooperation Committee is hereby established, composed of the Heads of the law-enforcement agencies or their representatives.
(2) Any matter relating to cooperation between the law-enforcement agencies may be discussed in, and decided upon by, the Cooperation Committee. The Cooperation Committee shall be competent, in particular, to take decisions on any matter relating to the application of this Agreement.
31.- The Chief of the Federal Police or his representative shall convene and chair the meetings of the Cooperation Committee. He shall convene such meetings as often as he considers necessary and, at any rate, at least once a month. He shall convene a meeting within 48 hours if so requested by two members of the Cooperation Committee.
32.- The Cooperation Committee shall strive to reach decisions by consensus. Where this proves impossible, decisions will be taken, unless otherwise provided in this Agreement, by a majority of the Cooperation Committee’s members.
XI. Final provisions
33.- The federal government and the constituent states may amend this Agreement by consensus.
34.- Any dispute resulting from the application of this Agreement shall be decided by the Supreme Court of Cyprus.
35.- The provisions of this Agreement shall apply mutatis mutandis during the transitional period referred to in Article 40.1 of the Constitution.
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Τετάρτη 10 Ιουνίου 2009
Cooperation Agreement on European Union Affairs
Foundation Agreement
Annex IV, Attachment 2
Cooperation Agreement on European Union Affairs
Article 1 Preliminary provisions
In this Agreement -
“Agreement” refers to the present Cooperation Agreement between the federal government and the constituent states on European Union Affairs
“Constitution” means the Constitution of the United Cyprus Republic;
“Group” means the Coordination Group;
“IMCEUA” means the Inter-Ministerial Committee on European Union Affairs;
“Council” means the Council of the European Union;
“European Union Treaties” means the Treaty on European Union and the Treaties establishing the European Communities in their consolidated version, as well as the Protocols that are annexed thereto; and
“European Union Courts” means the Court of Justice and the Court of First Instance of the European Communities.
Article 2 Scope of Agreement
This Agreement regulates policy formulation, decision-making, representation and legal actions concerning European Union affairs which fall exclusively or predominantly into an area of competence of the constituent states, while providing for consultation in the areas of competence of the federal government.
Article 3 General Rules
1) This Agreement is concluded by virtue of Article 2.2 of the Foundation Agreement and Articles 16.2 and 19.6 of the Constitution.
2) This Agreement is made in full respect of the Foundation Agreement, the Constitution, the European Union Treaties as well as the European Union acquis in general.
3) The federal government and the constituent states shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations of the United Cyprus Republic arising out of European Union membership and shall abstain from any measure which could impede the full and timely fulfilment of these obligations or could jeopardize the capacity of Cyprus as a whole to effectively promote its interests in the European Union.
Article 4 Duty to inform
The federal government shall inform the constituent states without delay on all issues relating to European Union matters. This duty shall include the transmission of:
a) Documents, reports, and notices of the institutions and 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 Court of Justice and the Court of First Instance of the European Communities where Cyprus is one of the parties, as well as the judgments rendered by the Court in such cases;
d) Reports of the Permanent Representation of the United Cyprus Republic to the European Union; and
e) Documents, reports and notices communicated by the federal government to the institutions and organs of the European Union.
Article 5 Decision-making
1) There shall be established a Coordination Group composed of a representative of the two Members of the Presidential Council in charge of Foreign Affairs and European Union Affairs, and a representative of the government of each constituent state, selected according to the Group’s agenda.
2) A member from the Permanent Representation of Cyprus to the European Union may participate in the work of the Group. Such member shall not have the right to vote.
3) Members of the Group may be assisted by officers of any Department or service of the federal or constituent state governments concerned with an item on the Group’s agenda. Such officers shall not have the right to vote.
4) The Department of European Union Affairs shall chair and provide the secretariat of the meetings.
5) Meetings of the Group shall be carried out in principle once a week and at any rate before every session of the Council across all areas of responsibility and jurisdiction, regardless of the specific area of competence concerned.
6) The Minister of European Union Affairs or his/her representative shall refer to the Group without delay any matter which predominantly or exclusively falls within the competence of the constituent states, when so requested by the government of a constituent state. If the group fails to reach a decision any of its members may refer the matter, without delay, to the Supreme Court.
7) In such matters, the Group shall consider opinions of the constituent states given in due time in its decision-making. In case of consistent opinion by both constituent states given in due time in matters referred to in paragraph 6, this opinion shall determine the position of the United Cyprus Republic in negotiations and voting.
8) Upon confirming that the constituent states have received the relevant information, if one of the constituent states does not reply in due time, the opinion of the constituent state that has replied shall determine the position of the United Cyprus Republic. If both constituent states convey their position that they shall not reply to the policy at issue or fail to convey a position, the Minister of European Union Affairs will determine the position of the United Cyprus Republic.
9) In case of persistent inconsistencies between the positions of the constituent states in matters referred to in paragraph 6, a decision with respect to the position of Cyprus shall be taken by the Group.
10) If the coordination carried out by the Group as specified in paragraphs 6 to 9 fails to produce agreement by consensus, the Group shall refer the matter to the Secretariat of the IMCEUA.
11) The IMCEUA shall be composed of four representatives. In addition to the Ministers for European Union Affairs and External Relations, the IMCEUA shall comprise one representative from each constituent state. The IMCEUA shall strive to reach its decisions by consensus. If consensus cannot be achieved, decisions shall be reached by special majority which will include at least one member hailing from each constituent state. The decisions of the IMCEUA shall be final and determine the position of the United Cyprus Republic before the European Union.
12) The federal government may only deviate from this position if there are mandatory reasons with regard to foreign affairs, and provided there is joint prior assent of the federal Ministers for Foreign Affairs and European Union Affairs.
13) In cases when the IMCEUA fails to reach a decision, any of its members may refer the matter, without delay, to the Supreme Court.
14) In case of urgency, the members of the Group and the IMCEUA may consult with each other and strive to arrive at a consensus decision without a formal meeting of the Group and the IMCEUA. In such a case, the decision shall be circulated and be signed.
15) A record of each meeting shall be kept and sent to every member of the Group and IMCEUA.
16) The decisions of the Group and IMCEUA shall determine the position of the representative of Cyprus in the European Union regarding matters which have been duly coordinated in accordance with the provisions of paragraph 6. Copies of the instructions of the Group and IMCEUA shall be delivered to the representatives of the federal government and the constituent states. In formulating the instructions for the respective representatives in European Union institutions and bodies, the IMCEUA shall bear in mind the need for flexibility in order for the United Cyprus Republic to be an active and effective actor within the European Union.
17) If the positions taken by the Group and IMCEUA need to be urgently adapted in the course of a meeting of a European Union institution, the respective representative shall immediately inform the Group. If a revised decision of the Group cannot be obtained in time by consensus and if the IMCEUA cannot decide by special majority which will include one member hailing from each constituent state, the representative of Cyprus shall abstain, except in cases where s/he has received clear freedom from the Group or the IMCEUA to choose the position that will most likely address the general interests of Cyprus in light of the discussions held during the respective decision-making mechanisms. It is understood that in such circumstances the vote given by the representative of Cyprus shall be final.
18) On areas which fall exclusively or predominantly within the competence of the federal government, the Group shall be the forum within which regular consultations with representatives from ministries of the constituent states shall take place in accordance with the provisions of the Federal Law on European Union Affairs.
Article 6 Representation
1) Cyprus may be represented in the Council of the European Union by a Member of either the Presidential Council or a Member of Government of a constituent state.
2) Where the matters to be discussed in the Council are among those mentioned in article 6, the representative of Cyprus in the Council shall be appointed by the Presidential Council upon suggestion of the IMCEUA which will have due regard to the configurations of the Council and to the availability of expertise on each subject. The Presidential Council may also decide that the person representing Cyprus should be assisted by officials of the federal government or of one or both constituent states. In so doing, consideration may be given to the indicative list appearing in the Annex hereto. If the Presidential Council fails to reach a decision, any of its Members may refer the matter, without delay, to the Supreme Court.
3) Representatives of Cyprus in the Council shall be notified to its General Secretariat. Such representatives attending meetings or the Permanent Representative of Cyprus to the European Union or any officer of the Permanent Representation acting under the Permanent Representative’s instructions shall have the exclusive right to make legally binding declarations as mandated.
4) Upon the decision of the Presidential Council that the seat in the Council of the European Union is to be occupied by a member of a constituent state Government, such representation shall ensure equal rotation between the representatives of the constituent states and shall be rotated at equal intervals in accordance with a system designed to take account of the timetable of the European Union’s work.
5) The representation of the federal government and the constituent states shall take place in accordance with the following principles:
a) rotation shall be with a proportion of one member of one constituent state to one member of the other constituent state;
b) representation shall be synchronized with the Council Presidency;
c) due to the more frequent meetings of some Council configurations which is more than once in a half-year, the Minister empowered for that half-year will remain authorised for the different Council meetings of the period;
d) certain Council configurations will meet only irregularly. The Minister empowered for that half-year will be automatically authorised for the following session if no Council meeting has taken place during the half-year.
6) Cyprus shall have one representative throughout the session of the Council who shall be the Minister, or in his/her absence, the Permanent Representative of Cyprus to the European Union or, in the absence of both, any officer of the Permanent Representation acting in accordance with the instructions of the Permanent Representative. The assigned representative shall have the right to vote and shall be the only authorised spokesperson.
7) The Minister appointed to represent Cyprus in a given configuration of the Council shall attend informal Ministerial meetings, which may be called on any matter covered by the said configuration, unless the convening Presidency allows the participation of more than one Minister per Member State.
8) At informal Councils on matters on which the constituent state authorities are empowered to represent the Member State in an official or formal Council, the system of rotation will be the same as for the official Councils.
9) Cyprus will be represented in the Economic and Social Committee according to proportional representation, provided that no less than one third of the seats is attributed to persons hailing from each constituent state. The members of the Economic and Social Committee to be nominated by Cyprus shall be selected by the Presidential Council after consulting with the constituent state authorities.
10) The seats of Cyprus in the Committee of Regions shall be occupied in equal proportion by representatives of the two constituent states. The members of the Committee of Regions are to be nominated by the Presidential Council upon the proposal of each constituent state.
Article 7 Implementation of European Union law
1) The Department of European Union Affairs is entrusted with ensuring coordination of European Union affairs between the federal government and the constituent states, in particular with the obligation to:
a) ensure that European Community law is transposed fully and in time,
b) ensure that the European Union’s acquis is not infringed, and
c) inform the Group and the IMCEUA on the progress of the implementation of the obligations of Cyprus arising out of European Union membership.
2) If a constituent state fails to fulfill the obligations of the United Cyprus Republic vis-à-vis the European Union within its area of competence and the United Cyprus Republic may be held responsible by the Union, the federal government shall, after notification of no less than 90 days (or a shorter period if indispensable according to European Union requirements), take necessary measures after duly informing and consulting with the defaulting constituent state, to be in force until such time as that constituent state discharges its responsibilities.
3) If the United Cyprus Republic is condemned by a judgment of the Court of Justice of the European Communities because one of the constituent states or an authority or body thereof has failed to fulfill the obligations of the United Cyprus Republic vis-à-vis the European Union within its area of competence, the Presidential Council shall invite the said constituent state to proceed, within 90 days, or within a shorter period if indispensable according to the Court’s requirements, to the enforcement of the judgment. If the constituent state does not comply, the Presidential Council shall take the necessary measures in lieu of the defaulting constituent state, to be in force until such time as the constituent state discharges its responsibilities. The federal government can only take such measures if it has taken appropriate measures in order to involve the concerned constituent state in the proceedings before the Court in conformity with Article 8 of this Agreement.
4) Any expenses incurred by, fines imposed on or compensation claimed from the United Cyprus Republic by European Union Courts shall be borne by the federal government or the relevant constituent state which by failing to implement the obligations of Cyprus led to the condemning decision.
Article 8 Legal action in which the United Cyprus Republic is a party
1) The federal government may bring an action before the European Union Courts in areas of competence of the constituent states upon duly informing and consulting the constituent states about its wish to do so.
2) Whenever the federal government is a party to proceedings involving exclusively or predominantly the competences of the constituent states, the competent federal authorities shall take appropriate measures in order to inform and involve the concerned constituent states in the proceedings before the court in a manner compatible with the relevant rules of that court.
3) In case of disagreement whether a proceeding involves exclusively or predominantly the competences of the constituent states, the Group shall decide by consensus. In case of persistent disagreement, the matter may be resolved by the Supreme Court.
Article 9 Action brought before the European Union Courts upon request of the constituent states
1) In case of an illegal act or decision on behalf of, or misuse of power or failure to act by, an institution of the European Union or another Member State concerning matters in the areas of competence of the constituent states, Cyprus shall bring an action before the Court of Justice of the European Communities upon the request of a constituent state or both constituent states. Such request is to be addressed to the IMCEUA and shall include all information relevant to a legal action before the Court of Justice of the European Communities. If the relevant rules of the Court permit direct legal action by the constituent states, constituent states may act freely without any interference from the federal government, provided that full and detailed information is transmitted to the federal government.
2) The request of the constituent states or either of them to the federal government to bring an action before the Court of Justice of the European Communities shall be in the form of a draft application. A Working Group established under the IMCEUA shall work on the issuance of the application. The Working Group shall be chaired by a representative of the Chairperson of the IMCEUA and shall consist of the Attorneys-General of the federal government and the constituent states and/or their representatives as necessary, and, if necessary, of other representatives of the federal government and the constituent states. If the request emanates from one constituent state and provided that the other constituent state does not wish to participate, the Working Group shall comprise only representatives of the requesting constituent state and the federal government.
3) The Working Group shall determine, by consensus, within one week from submission of the draft application to the IMCEUA, whether the case relates to a dispute that falls exclusively or predominantly within the competence of the constituent states.
4) The consensus reached within the Group that the case relates to a dispute which exclusively or predominantly falls within the competence of the constituent states shall be notified to all members of the IMCEUA immediately. If no member of the IMCEUA raises any objections within two working days, this shall be deemed to be an approval of the decision of the Working Group by the IMCEUA.
5) In case a consensus is not reached within the Group, or if one or more members of the IMCEUA object, the matter shall be referred to the IMCEUA, which shall consider the matter within 3 working days.
6) When the matter is referred to the IMCEUA, it will decide by consensus whether the case relates to a dispute which falls exclusively or predominantly within the competence of the constituent states.
7) If the case relates to a dispute which falls exclusively or predominantly within the competence of the constituent states, the application shall be filed without further ado, unless the Ministers of External Affairs and European Union Affairs jointly agree that there are mandatory reasons with regard to foreign affairs not to do so, provided that such reasons cannot be invoked in cases against institutions of the European Union.
8) Upon the filing of the application with the Court of Justice of the European Communities, one representative from the federal government, and one from each of the constituent states concerned shall be designated to participate in and follow up the proceedings. Except when the rules of the Court accept the direct appearance of the constituent states, the federal competent authority shall be responsible for bringing and handling the matter before the Court.
9) The Working Group referred to in paragraph (2) shall be kept informed of all new developments in the proceedings instituted by the federal government.
10) Proceedings may be withdrawn upon the request of the constituent state that initiated the proceedings unless the other constituent state gives, within a period of two weeks, valid reasons for not doing so.
11) The costs of such legal action shall be borne by, and proportionally shared among, the constituent states requesting and intervening in the action.
Article 10 Adaptation and Review
1) This cooperation agreement may be changed, adapted or amended by consensus between the federal government and the governments of the constituent states.
2) It shall be adapted to take account further developments in European integration and shall be reviewed 5 years after its entry into force upon the request of the federal government or either constituent state, unless the parties agree to do so earlier.
Article 11 Presidency
Prior to Cyprus exercising the Presidency of the Council, the Group shall make specific suggestions to the Presidential Council.
Article 12 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.
Article 13 Transitional Period
The provisions of this Agreement shall apply mutatis mutandis during the transitional periods provided for in the Foundation Agreement and the Constitution.
ANNEX
1. General Affairs and External Relations: federal representation only
2. Economic and Financial Affairs: federal with constituent state assistance
3. Justice and Home Affairs: federal with constituent state assistance
4. Employment, Social Policy, Health and Consumer Affairs: constituent state with federal government assistance
5. Competitiveness (Internal Market, Industry and Research): federal with constituent state assistance for the Internal Market; consituent state with federal assistance for Industry and Research.
6. Transport, Telecommunications and Energy: federal with constituent state assistance
7. Agriculture and Fisheries: constituent state with federal government assistance
8. Environment: constituent state with federal government assistance
9. Education, Youth and Culture: constituent state only
Highlighted Issues
Highlighted issues result from the ad hoc drafting committee draft of 2 March 2004.
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Annex IV, Attachment 2
Cooperation Agreement on European Union Affairs
Article 1 Preliminary provisions
In this Agreement -
“Agreement” refers to the present Cooperation Agreement between the federal government and the constituent states on European Union Affairs
“Constitution” means the Constitution of the United Cyprus Republic;
“Group” means the Coordination Group;
“IMCEUA” means the Inter-Ministerial Committee on European Union Affairs;
“Council” means the Council of the European Union;
“European Union Treaties” means the Treaty on European Union and the Treaties establishing the European Communities in their consolidated version, as well as the Protocols that are annexed thereto; and
“European Union Courts” means the Court of Justice and the Court of First Instance of the European Communities.
Article 2 Scope of Agreement
This Agreement regulates policy formulation, decision-making, representation and legal actions concerning European Union affairs which fall exclusively or predominantly into an area of competence of the constituent states, while providing for consultation in the areas of competence of the federal government.
Article 3 General Rules
1) This Agreement is concluded by virtue of Article 2.2 of the Foundation Agreement and Articles 16.2 and 19.6 of the Constitution.
2) This Agreement is made in full respect of the Foundation Agreement, the Constitution, the European Union Treaties as well as the European Union acquis in general.
3) The federal government and the constituent states shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations of the United Cyprus Republic arising out of European Union membership and shall abstain from any measure which could impede the full and timely fulfilment of these obligations or could jeopardize the capacity of Cyprus as a whole to effectively promote its interests in the European Union.
Article 4 Duty to inform
The federal government shall inform the constituent states without delay on all issues relating to European Union matters. This duty shall include the transmission of:
a) Documents, reports, and notices of the institutions and 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 Court of Justice and the Court of First Instance of the European Communities where Cyprus is one of the parties, as well as the judgments rendered by the Court in such cases;
d) Reports of the Permanent Representation of the United Cyprus Republic to the European Union; and
e) Documents, reports and notices communicated by the federal government to the institutions and organs of the European Union.
Article 5 Decision-making
1) There shall be established a Coordination Group composed of a representative of the two Members of the Presidential Council in charge of Foreign Affairs and European Union Affairs, and a representative of the government of each constituent state, selected according to the Group’s agenda.
2) A member from the Permanent Representation of Cyprus to the European Union may participate in the work of the Group. Such member shall not have the right to vote.
3) Members of the Group may be assisted by officers of any Department or service of the federal or constituent state governments concerned with an item on the Group’s agenda. Such officers shall not have the right to vote.
4) The Department of European Union Affairs shall chair and provide the secretariat of the meetings.
5) Meetings of the Group shall be carried out in principle once a week and at any rate before every session of the Council across all areas of responsibility and jurisdiction, regardless of the specific area of competence concerned.
6) The Minister of European Union Affairs or his/her representative shall refer to the Group without delay any matter which predominantly or exclusively falls within the competence of the constituent states, when so requested by the government of a constituent state. If the group fails to reach a decision any of its members may refer the matter, without delay, to the Supreme Court.
7) In such matters, the Group shall consider opinions of the constituent states given in due time in its decision-making. In case of consistent opinion by both constituent states given in due time in matters referred to in paragraph 6, this opinion shall determine the position of the United Cyprus Republic in negotiations and voting.
8) Upon confirming that the constituent states have received the relevant information, if one of the constituent states does not reply in due time, the opinion of the constituent state that has replied shall determine the position of the United Cyprus Republic. If both constituent states convey their position that they shall not reply to the policy at issue or fail to convey a position, the Minister of European Union Affairs will determine the position of the United Cyprus Republic.
9) In case of persistent inconsistencies between the positions of the constituent states in matters referred to in paragraph 6, a decision with respect to the position of Cyprus shall be taken by the Group.
10) If the coordination carried out by the Group as specified in paragraphs 6 to 9 fails to produce agreement by consensus, the Group shall refer the matter to the Secretariat of the IMCEUA.
11) The IMCEUA shall be composed of four representatives. In addition to the Ministers for European Union Affairs and External Relations, the IMCEUA shall comprise one representative from each constituent state. The IMCEUA shall strive to reach its decisions by consensus. If consensus cannot be achieved, decisions shall be reached by special majority which will include at least one member hailing from each constituent state. The decisions of the IMCEUA shall be final and determine the position of the United Cyprus Republic before the European Union.
12) The federal government may only deviate from this position if there are mandatory reasons with regard to foreign affairs, and provided there is joint prior assent of the federal Ministers for Foreign Affairs and European Union Affairs.
13) In cases when the IMCEUA fails to reach a decision, any of its members may refer the matter, without delay, to the Supreme Court.
14) In case of urgency, the members of the Group and the IMCEUA may consult with each other and strive to arrive at a consensus decision without a formal meeting of the Group and the IMCEUA. In such a case, the decision shall be circulated and be signed.
15) A record of each meeting shall be kept and sent to every member of the Group and IMCEUA.
16) The decisions of the Group and IMCEUA shall determine the position of the representative of Cyprus in the European Union regarding matters which have been duly coordinated in accordance with the provisions of paragraph 6. Copies of the instructions of the Group and IMCEUA shall be delivered to the representatives of the federal government and the constituent states. In formulating the instructions for the respective representatives in European Union institutions and bodies, the IMCEUA shall bear in mind the need for flexibility in order for the United Cyprus Republic to be an active and effective actor within the European Union.
17) If the positions taken by the Group and IMCEUA need to be urgently adapted in the course of a meeting of a European Union institution, the respective representative shall immediately inform the Group. If a revised decision of the Group cannot be obtained in time by consensus and if the IMCEUA cannot decide by special majority which will include one member hailing from each constituent state, the representative of Cyprus shall abstain, except in cases where s/he has received clear freedom from the Group or the IMCEUA to choose the position that will most likely address the general interests of Cyprus in light of the discussions held during the respective decision-making mechanisms. It is understood that in such circumstances the vote given by the representative of Cyprus shall be final.
18) On areas which fall exclusively or predominantly within the competence of the federal government, the Group shall be the forum within which regular consultations with representatives from ministries of the constituent states shall take place in accordance with the provisions of the Federal Law on European Union Affairs.
Article 6 Representation
1) Cyprus may be represented in the Council of the European Union by a Member of either the Presidential Council or a Member of Government of a constituent state.
2) Where the matters to be discussed in the Council are among those mentioned in article 6, the representative of Cyprus in the Council shall be appointed by the Presidential Council upon suggestion of the IMCEUA which will have due regard to the configurations of the Council and to the availability of expertise on each subject. The Presidential Council may also decide that the person representing Cyprus should be assisted by officials of the federal government or of one or both constituent states. In so doing, consideration may be given to the indicative list appearing in the Annex hereto. If the Presidential Council fails to reach a decision, any of its Members may refer the matter, without delay, to the Supreme Court.
3) Representatives of Cyprus in the Council shall be notified to its General Secretariat. Such representatives attending meetings or the Permanent Representative of Cyprus to the European Union or any officer of the Permanent Representation acting under the Permanent Representative’s instructions shall have the exclusive right to make legally binding declarations as mandated.
4) Upon the decision of the Presidential Council that the seat in the Council of the European Union is to be occupied by a member of a constituent state Government, such representation shall ensure equal rotation between the representatives of the constituent states and shall be rotated at equal intervals in accordance with a system designed to take account of the timetable of the European Union’s work.
5) The representation of the federal government and the constituent states shall take place in accordance with the following principles:
a) rotation shall be with a proportion of one member of one constituent state to one member of the other constituent state;
b) representation shall be synchronized with the Council Presidency;
c) due to the more frequent meetings of some Council configurations which is more than once in a half-year, the Minister empowered for that half-year will remain authorised for the different Council meetings of the period;
d) certain Council configurations will meet only irregularly. The Minister empowered for that half-year will be automatically authorised for the following session if no Council meeting has taken place during the half-year.
6) Cyprus shall have one representative throughout the session of the Council who shall be the Minister, or in his/her absence, the Permanent Representative of Cyprus to the European Union or, in the absence of both, any officer of the Permanent Representation acting in accordance with the instructions of the Permanent Representative. The assigned representative shall have the right to vote and shall be the only authorised spokesperson.
7) The Minister appointed to represent Cyprus in a given configuration of the Council shall attend informal Ministerial meetings, which may be called on any matter covered by the said configuration, unless the convening Presidency allows the participation of more than one Minister per Member State.
8) At informal Councils on matters on which the constituent state authorities are empowered to represent the Member State in an official or formal Council, the system of rotation will be the same as for the official Councils.
9) Cyprus will be represented in the Economic and Social Committee according to proportional representation, provided that no less than one third of the seats is attributed to persons hailing from each constituent state. The members of the Economic and Social Committee to be nominated by Cyprus shall be selected by the Presidential Council after consulting with the constituent state authorities.
10) The seats of Cyprus in the Committee of Regions shall be occupied in equal proportion by representatives of the two constituent states. The members of the Committee of Regions are to be nominated by the Presidential Council upon the proposal of each constituent state.
Article 7 Implementation of European Union law
1) The Department of European Union Affairs is entrusted with ensuring coordination of European Union affairs between the federal government and the constituent states, in particular with the obligation to:
a) ensure that European Community law is transposed fully and in time,
b) ensure that the European Union’s acquis is not infringed, and
c) inform the Group and the IMCEUA on the progress of the implementation of the obligations of Cyprus arising out of European Union membership.
2) If a constituent state fails to fulfill the obligations of the United Cyprus Republic vis-à-vis the European Union within its area of competence and the United Cyprus Republic may be held responsible by the Union, the federal government shall, after notification of no less than 90 days (or a shorter period if indispensable according to European Union requirements), take necessary measures after duly informing and consulting with the defaulting constituent state, to be in force until such time as that constituent state discharges its responsibilities.
3) If the United Cyprus Republic is condemned by a judgment of the Court of Justice of the European Communities because one of the constituent states or an authority or body thereof has failed to fulfill the obligations of the United Cyprus Republic vis-à-vis the European Union within its area of competence, the Presidential Council shall invite the said constituent state to proceed, within 90 days, or within a shorter period if indispensable according to the Court’s requirements, to the enforcement of the judgment. If the constituent state does not comply, the Presidential Council shall take the necessary measures in lieu of the defaulting constituent state, to be in force until such time as the constituent state discharges its responsibilities. The federal government can only take such measures if it has taken appropriate measures in order to involve the concerned constituent state in the proceedings before the Court in conformity with Article 8 of this Agreement.
4) Any expenses incurred by, fines imposed on or compensation claimed from the United Cyprus Republic by European Union Courts shall be borne by the federal government or the relevant constituent state which by failing to implement the obligations of Cyprus led to the condemning decision.
Article 8 Legal action in which the United Cyprus Republic is a party
1) The federal government may bring an action before the European Union Courts in areas of competence of the constituent states upon duly informing and consulting the constituent states about its wish to do so.
2) Whenever the federal government is a party to proceedings involving exclusively or predominantly the competences of the constituent states, the competent federal authorities shall take appropriate measures in order to inform and involve the concerned constituent states in the proceedings before the court in a manner compatible with the relevant rules of that court.
3) In case of disagreement whether a proceeding involves exclusively or predominantly the competences of the constituent states, the Group shall decide by consensus. In case of persistent disagreement, the matter may be resolved by the Supreme Court.
Article 9 Action brought before the European Union Courts upon request of the constituent states
1) In case of an illegal act or decision on behalf of, or misuse of power or failure to act by, an institution of the European Union or another Member State concerning matters in the areas of competence of the constituent states, Cyprus shall bring an action before the Court of Justice of the European Communities upon the request of a constituent state or both constituent states. Such request is to be addressed to the IMCEUA and shall include all information relevant to a legal action before the Court of Justice of the European Communities. If the relevant rules of the Court permit direct legal action by the constituent states, constituent states may act freely without any interference from the federal government, provided that full and detailed information is transmitted to the federal government.
2) The request of the constituent states or either of them to the federal government to bring an action before the Court of Justice of the European Communities shall be in the form of a draft application. A Working Group established under the IMCEUA shall work on the issuance of the application. The Working Group shall be chaired by a representative of the Chairperson of the IMCEUA and shall consist of the Attorneys-General of the federal government and the constituent states and/or their representatives as necessary, and, if necessary, of other representatives of the federal government and the constituent states. If the request emanates from one constituent state and provided that the other constituent state does not wish to participate, the Working Group shall comprise only representatives of the requesting constituent state and the federal government.
3) The Working Group shall determine, by consensus, within one week from submission of the draft application to the IMCEUA, whether the case relates to a dispute that falls exclusively or predominantly within the competence of the constituent states.
4) The consensus reached within the Group that the case relates to a dispute which exclusively or predominantly falls within the competence of the constituent states shall be notified to all members of the IMCEUA immediately. If no member of the IMCEUA raises any objections within two working days, this shall be deemed to be an approval of the decision of the Working Group by the IMCEUA.
5) In case a consensus is not reached within the Group, or if one or more members of the IMCEUA object, the matter shall be referred to the IMCEUA, which shall consider the matter within 3 working days.
6) When the matter is referred to the IMCEUA, it will decide by consensus whether the case relates to a dispute which falls exclusively or predominantly within the competence of the constituent states.
7) If the case relates to a dispute which falls exclusively or predominantly within the competence of the constituent states, the application shall be filed without further ado, unless the Ministers of External Affairs and European Union Affairs jointly agree that there are mandatory reasons with regard to foreign affairs not to do so, provided that such reasons cannot be invoked in cases against institutions of the European Union.
8) Upon the filing of the application with the Court of Justice of the European Communities, one representative from the federal government, and one from each of the constituent states concerned shall be designated to participate in and follow up the proceedings. Except when the rules of the Court accept the direct appearance of the constituent states, the federal competent authority shall be responsible for bringing and handling the matter before the Court.
9) The Working Group referred to in paragraph (2) shall be kept informed of all new developments in the proceedings instituted by the federal government.
10) Proceedings may be withdrawn upon the request of the constituent state that initiated the proceedings unless the other constituent state gives, within a period of two weeks, valid reasons for not doing so.
11) The costs of such legal action shall be borne by, and proportionally shared among, the constituent states requesting and intervening in the action.
Article 10 Adaptation and Review
1) This cooperation agreement may be changed, adapted or amended by consensus between the federal government and the governments of the constituent states.
2) It shall be adapted to take account further developments in European integration and shall be reviewed 5 years after its entry into force upon the request of the federal government or either constituent state, unless the parties agree to do so earlier.
Article 11 Presidency
Prior to Cyprus exercising the Presidency of the Council, the Group shall make specific suggestions to the Presidential Council.
Article 12 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.
Article 13 Transitional Period
The provisions of this Agreement shall apply mutatis mutandis during the transitional periods provided for in the Foundation Agreement and the Constitution.
ANNEX
1. General Affairs and External Relations: federal representation only
2. Economic and Financial Affairs: federal with constituent state assistance
3. Justice and Home Affairs: federal with constituent state assistance
4. Employment, Social Policy, Health and Consumer Affairs: constituent state with federal government assistance
5. Competitiveness (Internal Market, Industry and Research): federal with constituent state assistance for the Internal Market; consituent state with federal assistance for Industry and Research.
6. Transport, Telecommunications and Energy: federal with constituent state assistance
7. Agriculture and Fisheries: constituent state with federal government assistance
8. Environment: constituent state with federal government assistance
9. Education, Youth and Culture: constituent state only
Highlighted Issues
Highlighted issues result from the ad hoc drafting committee draft of 2 March 2004.
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Cooperation Agreement on External Relations
Foundation Agreement
Annex IV, Attachment 1
Cooperation Agreement on External Relations
The text of this Law is as provisionally agreed between the Parties save for highlighted parts that represent the bridging proposals of the United Nations.
Preliminary Provisions
1. This Cooperation Agreement regulates the participation of constituent states in the formulation and implementation of policy in external relations on matters within their spheres of competence, pursuant to article 2 (2) of the Foundation Agreement, and Part IV of the Constitution.
Interpretation
2. For the purpose of this Agreement;
“Constitution" means the Constitution of the United Cyprus Republic;
"Commercial agreement" means an agreement concluded between a constituent state and authorities of foreign states, their sub-entities or subordinate authorities, pursuant to article 18 (4) and (5) of the Constitution of the United Cyprus Republic, aiming at enhancing import and export trade, developing commerce, including general commercial cooperation, promoting investment and exchanges of industrial products.
"Cultural agreement" means an agreement concluded between a constituent state and authorities of foreign states or their sub-entities or subordinate authorities, pursuant to art. 18 (4) and (5) of the Constitution in the fields of sports, education, arts, literature, music, letters, libraries, museums falling within the competences of the constituent state, cultural institutions, the protection of languages and the protection and promotion of cultural heritage.
"European Treaties" means the Treaty on European Union and the Treaties establishing the European Communities in their consolidated version, as well as the Protocols that are annexed thereto;
“External Relations” means the relations of the United Cyprus Republic and of its constituent states with foreign governments and their sub-entities as is provided for in the Framework Agreement and the Constitution of the United Cyprus Republic.
"Foreign Affairs" means the relations of the United Cyprus Republic with foreign governments and their sub-entities and with intergovernmental and other international organizations and institutions;
“Gazette” means the Federal Official Gazette of the United Cyprus Republic.
“JCER” means the Joint Committee on External Relations
General Principles
3. This Cooperation Agreement is made in full respect of the Constitution, international treaties binding on the United Cyprus Republic, the European Treaties and the European Union acquis in general.
4. The determination of the external relations policy of the United Cyprus Republic shall be made by the Presidential Council and in particular by the Member of the Presidential Council responsible for Foreign Affairs, as is provided for in the Foundation Agreement and in the Constitution of the United Cyprus Republic.
Joint Committee on External Relations
5. There shall be a Joint Committee on External Relations (“JCER”), which shall be a consultative body for external relations matters relating to the competencies of both the federal government and the constituent state, with reference to article 2 of the Foundation Agreement and articles 2, 14, 15 and 18 of the Constitution.
6. The federal government and the constituent states shall refer to the JCER any project regarding matters affecting each other’s competencies.
7. The JCER shall comprise the Member of the Presidential Council responsible for Foreign Affairs, the Member of the Presidential Council responsible for European Union Affairs, the relevant Members of the Presidential Council and of the governments of the constituent states, depending on the subject matter of discussion, provided that the representatives of the constituent state governments shall hail from each constituent state in equal numbers.
8. The JCER may set up ad hoc working groups to deal with specific matters. A working group may be composed of representatives of the authorities represented in the JCER. In cases where a decision needs to be taken, the decision making in the working group shall be the same as in the JCER, on the understanding that if the working group does not reach consensus, the reference shall be to the JCER.
9. (1) In cases in which the JCER needs to be informed, it shall receive all relevant information.
(2) In cases in which the JCER needs to be consulted, the parties represented therein shall strive to reach consensus in the JCER.
10. In cases in which the JCER needs to take a decision, including working out a joint position, the parties represented therein shall reach its decision by consensus in the JCER. If on a particular issue no consensus is reached after one month, any member of the JCER may refer the matter to the Presidential Council for decision.
11. The Presidential Council has the power to order a standstill of any negotiations.
12. The JCER, in the composition of the Member of the Presidential Council responsible for Foreign Affairs, the Member of the Presidential Council responsible for European Union Affairs, and one member of the government of either constituent states, shall issue regulations for the further implementation of this Cooperation Agreement, including the elaboration of its consultation procedures and decision making procedures.
The power of the constituent states to conclude international agreements
13. In the exercise of the powers conferred by Article 18 (3) and (4) of the Constitution, the following procedures shall be observed:
a) The constituent states shall use the channel of the federal Department of Foreign Affairs for contacts at a political level with foreign governments; and
b) The constituent states may have direct contacts with constituent- or sub-entities or subordinate authorities of other states.
14. The constituent states may conclude cultural and commercial agreements with authorities of States that have relations with the United Cyprus Republic, provided that such agreements do not cause prejudice to the United Cyprus Republic, the authority of the federal government, or the other constituent state, and are compatible with the European Union membership of Cyprus.
15. Where a constituent state considers instituting negotiations or taking part in such negotiations with a view of concluding a commercial or cultural agreement it shall consult the JCER. Constituent states shall advise the JCER on the progress and outcome of negotiations carried out with a view of concluding a commercial or cultural agreement. Upon finalization of the draft text of any commercial or cultural agreement the constituent state shall forward such text to the JCER and to the Member of Presidential Council responsible for Foreign Affairs.
16. Such negotiations of a constituent state in a foreign country may be entrusted by that constituent state to the accredited Head of Mission of the United Cyprus Republic to such country. If so requested by the constituent state, the Head of Mission shall give full support to the negotiations.
17. Within one month from the notification to the JCER, the Presidential Council may notify the JCER and the government of the constituent state that there are objections to the conclusion of such agreement based on the incompatibility of the said agreement with the Foundation Agreement, the Constitution, the obligations of Cyprus as a Member of the European Union, this Cooperation Agreement or on mandatory reasons with regard to external relations. The Presidential Council shall then enter into bilateral consultations with the concerned constituent state.
Special ties of Friendship
18. The United Cyprus Republic 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 and Article 18(1) of the Constitution
Compliance with international legal and political obligations
19. The federal government and the constituent states shall take all necessary measures, either legislative, executive or judicial, within their sphere of competence, in order to comply with international legal and political obligations of the United Cyprus Republic.
20. When upon a request by one of its Members, and having examined a report of the Ministry of Foreign Affairs, the Presidential Council ascertains that one of the constituent states has not complied with its relevant obligations, it shall inform the JCER and institute bilateral consultations with the constituent state concerned with the view of achieving such compliance.
21. If no consensus is reached between the Presidential Council and the constituent state concerned, the federal government shall, after notification of no less than one month, take the necessary measures in lieu of the defaulting constituent state, to be in force until such time as the concerned constituent state discharges its responsibilities.
Duty of the Federal Government to Inform and Consult
22. The member of the Presidential Council responsible for Foreign Affairs shall inform the JCER on External Relations matters. The duty to inform includes the transmission of relevant documents and reports. The Member of the Presidential Council responsible for Foreign Affairs shall also forward to the JCER the texts of the international treaties that it concludes.
23. In the exercise of his responsibilities in the field of External Relations, the Member of the Presidential Council responsible for Foreign Affairs shall consult, through the JCER, the constituent states on decisions that affect their competencies prior to any decision or position being taken.
24. For that purpose, the Member of the Presidential Council responsible for Foreign Affairs shall forward, through the JCER, to the governments of the constituent states the draft decision it intends to take, and all necessary supplementary information and explanations. The Member of the Presidential Council responsible for Foreign Affairs shall forward in particular the texts of treaties it intends to conclude with other states and/or with international organizations in the areas of competence of the constituent states.
25. The government of each constituent state shall notify the JCER of its opinion within two weeks from the date the relevant documents are forwarded to it. In urgent and exceptional cases, this period may be reduced by the Member of the Presidential Council responsible for Foreign Affairs as much as the circumstances require.
26. In case the Member of Presidential Council responsible for Foreign Affairs does not agree with the opinion given, he shall provide a written and reasoned decision, which shall be notified to the concerned constituent state through the JCER within two weeks.
International Organizations and International Meetings: Matters affecting the Domestic competencies of the constituent states
27. Regarding the representation of the United Cyprus Republic at international meetings that affect the domestic competencies of the constituent states, the federal government shall refer the matter to the JCER for consultation. The JCER shall strive to reach consensus.
28. As regards international meetings that affect the domestic competencies of the constituent states, the federal government shall ensure for the constituent states, through the JCER, the dissemination of notices of date and agenda of the meetings and the relevant documents.
29. The constituent states shall inform the JCER of their special interest in particular activities or programs of any international organization, and more particularly of their intention to take part in specific meetings with the name of the respective representatives who they wish to be deputed to attend and their draft policy positions or initiatives in general.
30. A constituent state wishing to do so may have a representative included in the delegation of the United Cyprus Republic to such an international meeting, whenever the established format of the meeting so allows. Such representative shall be accredited as part of the delegation of the UCR and shall be under the authority of the Head of Delegation accordingly, and shall be bound by the position of the federal government. He may be in contact with the authorities of his constituent state and shall inform the Head of the Delegation. The constituent state shall be responsible for all expenses of its representatives, while the necessary office facilities of the relevant Mission of the United Cyprus Republic shall be provided free of charge by the federal government.
International Organizations and International Meetings: Commercial or Cultural Matters
31. Regarding the representation of the United Cyprus Republic at international meetings which deal with commercial or cultural matters, the federal government shall refer the matter to the JCER for consultation to work out a joint position.
32. As regards international meetings that deal with cultural or commercial matters, the federal government shall ensure for the constituent states, through the JCER, the dissemination of notices of date and agenda of the meetings and the relevant documents.
33. The constituent states shall inform the JCER of their special interest in particular activities or programs of any international organization, and more particularly of their intention to take part in specific meetings with the name of the respective representatives who they wish to be deputed to attend and their draft policy positions or initiatives in general.
34. A constituent state wishing to do so may have a representative included in the delegation of the United Cyprus Republic to such an international meeting, whenever the established format of the meeting so allows. Such representative shall be accredited as part of the delegation of the UCR and shall be under the authority of the Head of Delegation accordingly, and shall be bound by the position of the federal government. He may be in contact with the authorities of his constituent state and shall inform the Head of the Delegation. The constituent state shall be responsible for all expenses of its representatives, while the necessary office facilities of the relevant Mission of the United Cyprus Republic shall be provided free of charge by the federal government.
Commercial and Cultural Attachés including those of a temporary nature
35. The constituent states may appoint their own commercial and cultural attachés and instruct them directly. Such attachés may also be appointed on a temporary basis. They will be officially accredited by the Head of Mission to the authorities of the receiving State as members of the diplomatic or consular Mission of the United Cyprus Republic as the commercial or cultural attaché of the respective constituent state. Accordingly, unless objected to by the receiving State, they shall have the same rights and obligations as those granted by the receiving State to members of diplomatic and consular missions of equivalent rank.
36 These representatives are subject to the authority of the Head of Mission. Contacts and correspondence with the official authorities of the receiving State shall take place under the authority of the Head of Mission. The commercial and cultural attachés may request the assistance and cooperation of the Head of Mission should official intervention prove necessary or useful in carrying out their duties. The commercial and cultural attachés shall have access to the Mission’s records pertaining to their area of competence.
37. In the absence of commercial and cultural attachés the constituent states may make requests through the JCER any relevant cultural or commercial information from the Missions of the United Cyprus Republic.
38. Commercial and cultural attachés shall carry out their duties within the operating district which is within the jurisdiction of their assigned Mission. The Member of Presidential Council responsible for Foreign Affairs shall inform the constituent state through the JCER in case of a change in jurisdiction.
39. The expenses resulting from the presence of commercial and cultural representatives within a Mission shall be borne by the federal government. The expenses relating to the specific activities of each commercial or cultural representative as well as the remuneration of such representative shall be borne by the constituent state which has appointed him.
Treaties which fall exclusively or predominanty in the competence of the constituent state
40. Treaties to be concluded dealing with matters which domestically fall within the competence of the constituent states shall be referred by the Member of the Presidential Council responsible for Foreign Affairs for consultations to the JCER. The JCER shall strive to reach consensus.
Legal Actions Before International Judicial or Quasi-Judicial Bodies
41. The federal government may bring a legal action before international judicial or quasi-judicial bodies regarding any treaties. When the dispute concerns a matter that is domestically in the competence of the constituent states, the JCER shall be consulted before the action is undertaken. When the dispute concerns cultural or commercial matters, the JCER shall be consulted with a view to reaching a joint position.
42. Whenever the federal government is a party to proceedings involving matters which domestically are within the competence of the constituent state(s), it shall inform the JCER and involve the concerned constituent state(s) in the proceedings before the court in a manner compatible with this Cooperation Agreement and the relevant rules of that court.
43. In case of disagreement whether a proceeding involves matters which are domestically within the competence of the constituent states, the JCER shall decide by consensus. In case of persistent disagreement, the matter may be resolved by the Presidential Council.
44. Any expenses incurred by, fines imposed on or compensation or damages claimed from United Cyprus Republic by any international judicial or quasi judicial body for the reason that United Cyprus Republic has failed to comply with its international obligations shall be borne by the federal government or the relevant constituent state which, by failing to comply with the said obligations led to the condemning decision.
Final Provisions
45. Any dispute resulting from the application of the present Agreement shall be decided by the Supreme Court of Cyprus.
46. This Agreement may be amended at any time by the mutual written consent of the federal government and the constituent states.
47. The provisions of this Agreement shall apply mutatis mutandis during the transitional periods provided for in the Foundation Agreement and the Constitution.
UN bridging proposals
2. "Commercial agreement" means an agreement concluded between a constituent state and authorities of foreign states, their sub-entities or subordinate authorities, pursuant to article 18 (4) and (5) of the Constitution of the United Cyprus Republic, aiming at enhancing import and export trade, developing commerce, including general commercial cooperation, promoting investment and exchanges of industrial products.
GC: delete “promoting investment”
6. The federal government and the constituent states shall refer to the JCER any project regarding matters affecting each other’s competencies.
GC: “may refer”
15. Where a constituent state considers instituting negotiations or taking part in such negotiations with a view of concluding a commercial or cultural agreement it shall consult the JCER. Constituent states shall advise the JCER on the progress and outcome of negotiations carried out with a view of concluding a commercial or cultural agreement. Upon finalization of the draft text of any commercial or cultural agreement the constituent state shall forward such text to the JCER and to the Member of Presidential Council responsible for Foreign Affairs.
Note: Parties had no explicit final position
18. The United Cyprus Republic 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 and Article 18(1) of the Constitution.
GC: delete section.
TC: include section, and add “The constituent states may enter into international agreements with Greece and Turkey in commercial and cultural matters.”
23. In the exercise of his responsibilities in the field of External Relations, the Member of the Presidential Council responsible for Foreign Affairs shall consult, through the JCER, the constituent states on decisions that affect their competencies prior to any decision or position being taken.
TC: “(…) shall consult, through the JCER, the constituent states on decisions that affect their competencies, and shall prior, to any decision or position being taken, work out a joint position”.
40. Treaties to be concluded dealing with matters which domestically fall within the competence of the constituent states shall be referred by the Member of the Presidential Council responsible for Foreign Affairs for consultations to the JCER. The JCER shall strive to reach consensus.
TC: “The JCER shall work out a joint position.” and: “Such treaties require the consent of the constituent state legislatures.” And: “If a constituent state does not consent, the United Cyprus Republic will include a reservation that the treaty does not apply to that constituent state.”
42. Whenever the federal government is a party to proceedings involving matters which domestically are within the competence of the constituent state(s), it shall inform the JCER and involve the concerned constituent state(s) in the proceedings before the court in a manner compatible with this Cooperation Agreement and the relevant rules of that court.
GC: “(…), and involve when possible, the concerned constituent state(s) (…)”
Further issues:
TC: wishes to include: “Constituent states shall have the power to conclude international agreements on matters that [domestically] fall within their competence.” (implies a change to art. 18 of the Constitution)
GC: add:
a) The Members of the Presidential Council shall represent the United Cyprus Republic at international meetings of government ministers unless otherwise provided for by law or agreed between the federal government and constituent states.
b) Any representative of the United Cyprus Republic in international meetings in external relations shall be bound by decisions of the federal government.
TC: leave out.
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Annex IV, Attachment 1
Cooperation Agreement on External Relations
The text of this Law is as provisionally agreed between the Parties save for highlighted parts that represent the bridging proposals of the United Nations.
Preliminary Provisions
1. This Cooperation Agreement regulates the participation of constituent states in the formulation and implementation of policy in external relations on matters within their spheres of competence, pursuant to article 2 (2) of the Foundation Agreement, and Part IV of the Constitution.
Interpretation
2. For the purpose of this Agreement;
“Constitution" means the Constitution of the United Cyprus Republic;
"Commercial agreement" means an agreement concluded between a constituent state and authorities of foreign states, their sub-entities or subordinate authorities, pursuant to article 18 (4) and (5) of the Constitution of the United Cyprus Republic, aiming at enhancing import and export trade, developing commerce, including general commercial cooperation, promoting investment and exchanges of industrial products.
"Cultural agreement" means an agreement concluded between a constituent state and authorities of foreign states or their sub-entities or subordinate authorities, pursuant to art. 18 (4) and (5) of the Constitution in the fields of sports, education, arts, literature, music, letters, libraries, museums falling within the competences of the constituent state, cultural institutions, the protection of languages and the protection and promotion of cultural heritage.
"European Treaties" means the Treaty on European Union and the Treaties establishing the European Communities in their consolidated version, as well as the Protocols that are annexed thereto;
“External Relations” means the relations of the United Cyprus Republic and of its constituent states with foreign governments and their sub-entities as is provided for in the Framework Agreement and the Constitution of the United Cyprus Republic.
"Foreign Affairs" means the relations of the United Cyprus Republic with foreign governments and their sub-entities and with intergovernmental and other international organizations and institutions;
“Gazette” means the Federal Official Gazette of the United Cyprus Republic.
“JCER” means the Joint Committee on External Relations
General Principles
3. This Cooperation Agreement is made in full respect of the Constitution, international treaties binding on the United Cyprus Republic, the European Treaties and the European Union acquis in general.
4. The determination of the external relations policy of the United Cyprus Republic shall be made by the Presidential Council and in particular by the Member of the Presidential Council responsible for Foreign Affairs, as is provided for in the Foundation Agreement and in the Constitution of the United Cyprus Republic.
Joint Committee on External Relations
5. There shall be a Joint Committee on External Relations (“JCER”), which shall be a consultative body for external relations matters relating to the competencies of both the federal government and the constituent state, with reference to article 2 of the Foundation Agreement and articles 2, 14, 15 and 18 of the Constitution.
6. The federal government and the constituent states shall refer to the JCER any project regarding matters affecting each other’s competencies.
7. The JCER shall comprise the Member of the Presidential Council responsible for Foreign Affairs, the Member of the Presidential Council responsible for European Union Affairs, the relevant Members of the Presidential Council and of the governments of the constituent states, depending on the subject matter of discussion, provided that the representatives of the constituent state governments shall hail from each constituent state in equal numbers.
8. The JCER may set up ad hoc working groups to deal with specific matters. A working group may be composed of representatives of the authorities represented in the JCER. In cases where a decision needs to be taken, the decision making in the working group shall be the same as in the JCER, on the understanding that if the working group does not reach consensus, the reference shall be to the JCER.
9. (1) In cases in which the JCER needs to be informed, it shall receive all relevant information.
(2) In cases in which the JCER needs to be consulted, the parties represented therein shall strive to reach consensus in the JCER.
10. In cases in which the JCER needs to take a decision, including working out a joint position, the parties represented therein shall reach its decision by consensus in the JCER. If on a particular issue no consensus is reached after one month, any member of the JCER may refer the matter to the Presidential Council for decision.
11. The Presidential Council has the power to order a standstill of any negotiations.
12. The JCER, in the composition of the Member of the Presidential Council responsible for Foreign Affairs, the Member of the Presidential Council responsible for European Union Affairs, and one member of the government of either constituent states, shall issue regulations for the further implementation of this Cooperation Agreement, including the elaboration of its consultation procedures and decision making procedures.
The power of the constituent states to conclude international agreements
13. In the exercise of the powers conferred by Article 18 (3) and (4) of the Constitution, the following procedures shall be observed:
a) The constituent states shall use the channel of the federal Department of Foreign Affairs for contacts at a political level with foreign governments; and
b) The constituent states may have direct contacts with constituent- or sub-entities or subordinate authorities of other states.
14. The constituent states may conclude cultural and commercial agreements with authorities of States that have relations with the United Cyprus Republic, provided that such agreements do not cause prejudice to the United Cyprus Republic, the authority of the federal government, or the other constituent state, and are compatible with the European Union membership of Cyprus.
15. Where a constituent state considers instituting negotiations or taking part in such negotiations with a view of concluding a commercial or cultural agreement it shall consult the JCER. Constituent states shall advise the JCER on the progress and outcome of negotiations carried out with a view of concluding a commercial or cultural agreement. Upon finalization of the draft text of any commercial or cultural agreement the constituent state shall forward such text to the JCER and to the Member of Presidential Council responsible for Foreign Affairs.
16. Such negotiations of a constituent state in a foreign country may be entrusted by that constituent state to the accredited Head of Mission of the United Cyprus Republic to such country. If so requested by the constituent state, the Head of Mission shall give full support to the negotiations.
17. Within one month from the notification to the JCER, the Presidential Council may notify the JCER and the government of the constituent state that there are objections to the conclusion of such agreement based on the incompatibility of the said agreement with the Foundation Agreement, the Constitution, the obligations of Cyprus as a Member of the European Union, this Cooperation Agreement or on mandatory reasons with regard to external relations. The Presidential Council shall then enter into bilateral consultations with the concerned constituent state.
Special ties of Friendship
18. The United Cyprus Republic 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 and Article 18(1) of the Constitution
Compliance with international legal and political obligations
19. The federal government and the constituent states shall take all necessary measures, either legislative, executive or judicial, within their sphere of competence, in order to comply with international legal and political obligations of the United Cyprus Republic.
20. When upon a request by one of its Members, and having examined a report of the Ministry of Foreign Affairs, the Presidential Council ascertains that one of the constituent states has not complied with its relevant obligations, it shall inform the JCER and institute bilateral consultations with the constituent state concerned with the view of achieving such compliance.
21. If no consensus is reached between the Presidential Council and the constituent state concerned, the federal government shall, after notification of no less than one month, take the necessary measures in lieu of the defaulting constituent state, to be in force until such time as the concerned constituent state discharges its responsibilities.
Duty of the Federal Government to Inform and Consult
22. The member of the Presidential Council responsible for Foreign Affairs shall inform the JCER on External Relations matters. The duty to inform includes the transmission of relevant documents and reports. The Member of the Presidential Council responsible for Foreign Affairs shall also forward to the JCER the texts of the international treaties that it concludes.
23. In the exercise of his responsibilities in the field of External Relations, the Member of the Presidential Council responsible for Foreign Affairs shall consult, through the JCER, the constituent states on decisions that affect their competencies prior to any decision or position being taken.
24. For that purpose, the Member of the Presidential Council responsible for Foreign Affairs shall forward, through the JCER, to the governments of the constituent states the draft decision it intends to take, and all necessary supplementary information and explanations. The Member of the Presidential Council responsible for Foreign Affairs shall forward in particular the texts of treaties it intends to conclude with other states and/or with international organizations in the areas of competence of the constituent states.
25. The government of each constituent state shall notify the JCER of its opinion within two weeks from the date the relevant documents are forwarded to it. In urgent and exceptional cases, this period may be reduced by the Member of the Presidential Council responsible for Foreign Affairs as much as the circumstances require.
26. In case the Member of Presidential Council responsible for Foreign Affairs does not agree with the opinion given, he shall provide a written and reasoned decision, which shall be notified to the concerned constituent state through the JCER within two weeks.
International Organizations and International Meetings: Matters affecting the Domestic competencies of the constituent states
27. Regarding the representation of the United Cyprus Republic at international meetings that affect the domestic competencies of the constituent states, the federal government shall refer the matter to the JCER for consultation. The JCER shall strive to reach consensus.
28. As regards international meetings that affect the domestic competencies of the constituent states, the federal government shall ensure for the constituent states, through the JCER, the dissemination of notices of date and agenda of the meetings and the relevant documents.
29. The constituent states shall inform the JCER of their special interest in particular activities or programs of any international organization, and more particularly of their intention to take part in specific meetings with the name of the respective representatives who they wish to be deputed to attend and their draft policy positions or initiatives in general.
30. A constituent state wishing to do so may have a representative included in the delegation of the United Cyprus Republic to such an international meeting, whenever the established format of the meeting so allows. Such representative shall be accredited as part of the delegation of the UCR and shall be under the authority of the Head of Delegation accordingly, and shall be bound by the position of the federal government. He may be in contact with the authorities of his constituent state and shall inform the Head of the Delegation. The constituent state shall be responsible for all expenses of its representatives, while the necessary office facilities of the relevant Mission of the United Cyprus Republic shall be provided free of charge by the federal government.
International Organizations and International Meetings: Commercial or Cultural Matters
31. Regarding the representation of the United Cyprus Republic at international meetings which deal with commercial or cultural matters, the federal government shall refer the matter to the JCER for consultation to work out a joint position.
32. As regards international meetings that deal with cultural or commercial matters, the federal government shall ensure for the constituent states, through the JCER, the dissemination of notices of date and agenda of the meetings and the relevant documents.
33. The constituent states shall inform the JCER of their special interest in particular activities or programs of any international organization, and more particularly of their intention to take part in specific meetings with the name of the respective representatives who they wish to be deputed to attend and their draft policy positions or initiatives in general.
34. A constituent state wishing to do so may have a representative included in the delegation of the United Cyprus Republic to such an international meeting, whenever the established format of the meeting so allows. Such representative shall be accredited as part of the delegation of the UCR and shall be under the authority of the Head of Delegation accordingly, and shall be bound by the position of the federal government. He may be in contact with the authorities of his constituent state and shall inform the Head of the Delegation. The constituent state shall be responsible for all expenses of its representatives, while the necessary office facilities of the relevant Mission of the United Cyprus Republic shall be provided free of charge by the federal government.
Commercial and Cultural Attachés including those of a temporary nature
35. The constituent states may appoint their own commercial and cultural attachés and instruct them directly. Such attachés may also be appointed on a temporary basis. They will be officially accredited by the Head of Mission to the authorities of the receiving State as members of the diplomatic or consular Mission of the United Cyprus Republic as the commercial or cultural attaché of the respective constituent state. Accordingly, unless objected to by the receiving State, they shall have the same rights and obligations as those granted by the receiving State to members of diplomatic and consular missions of equivalent rank.
36 These representatives are subject to the authority of the Head of Mission. Contacts and correspondence with the official authorities of the receiving State shall take place under the authority of the Head of Mission. The commercial and cultural attachés may request the assistance and cooperation of the Head of Mission should official intervention prove necessary or useful in carrying out their duties. The commercial and cultural attachés shall have access to the Mission’s records pertaining to their area of competence.
37. In the absence of commercial and cultural attachés the constituent states may make requests through the JCER any relevant cultural or commercial information from the Missions of the United Cyprus Republic.
38. Commercial and cultural attachés shall carry out their duties within the operating district which is within the jurisdiction of their assigned Mission. The Member of Presidential Council responsible for Foreign Affairs shall inform the constituent state through the JCER in case of a change in jurisdiction.
39. The expenses resulting from the presence of commercial and cultural representatives within a Mission shall be borne by the federal government. The expenses relating to the specific activities of each commercial or cultural representative as well as the remuneration of such representative shall be borne by the constituent state which has appointed him.
Treaties which fall exclusively or predominanty in the competence of the constituent state
40. Treaties to be concluded dealing with matters which domestically fall within the competence of the constituent states shall be referred by the Member of the Presidential Council responsible for Foreign Affairs for consultations to the JCER. The JCER shall strive to reach consensus.
Legal Actions Before International Judicial or Quasi-Judicial Bodies
41. The federal government may bring a legal action before international judicial or quasi-judicial bodies regarding any treaties. When the dispute concerns a matter that is domestically in the competence of the constituent states, the JCER shall be consulted before the action is undertaken. When the dispute concerns cultural or commercial matters, the JCER shall be consulted with a view to reaching a joint position.
42. Whenever the federal government is a party to proceedings involving matters which domestically are within the competence of the constituent state(s), it shall inform the JCER and involve the concerned constituent state(s) in the proceedings before the court in a manner compatible with this Cooperation Agreement and the relevant rules of that court.
43. In case of disagreement whether a proceeding involves matters which are domestically within the competence of the constituent states, the JCER shall decide by consensus. In case of persistent disagreement, the matter may be resolved by the Presidential Council.
44. Any expenses incurred by, fines imposed on or compensation or damages claimed from United Cyprus Republic by any international judicial or quasi judicial body for the reason that United Cyprus Republic has failed to comply with its international obligations shall be borne by the federal government or the relevant constituent state which, by failing to comply with the said obligations led to the condemning decision.
Final Provisions
45. Any dispute resulting from the application of the present Agreement shall be decided by the Supreme Court of Cyprus.
46. This Agreement may be amended at any time by the mutual written consent of the federal government and the constituent states.
47. The provisions of this Agreement shall apply mutatis mutandis during the transitional periods provided for in the Foundation Agreement and the Constitution.
UN bridging proposals
2. "Commercial agreement" means an agreement concluded between a constituent state and authorities of foreign states, their sub-entities or subordinate authorities, pursuant to article 18 (4) and (5) of the Constitution of the United Cyprus Republic, aiming at enhancing import and export trade, developing commerce, including general commercial cooperation, promoting investment and exchanges of industrial products.
GC: delete “promoting investment”
6. The federal government and the constituent states shall refer to the JCER any project regarding matters affecting each other’s competencies.
GC: “may refer”
15. Where a constituent state considers instituting negotiations or taking part in such negotiations with a view of concluding a commercial or cultural agreement it shall consult the JCER. Constituent states shall advise the JCER on the progress and outcome of negotiations carried out with a view of concluding a commercial or cultural agreement. Upon finalization of the draft text of any commercial or cultural agreement the constituent state shall forward such text to the JCER and to the Member of Presidential Council responsible for Foreign Affairs.
Note: Parties had no explicit final position
18. The United Cyprus Republic 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 and Article 18(1) of the Constitution.
GC: delete section.
TC: include section, and add “The constituent states may enter into international agreements with Greece and Turkey in commercial and cultural matters.”
23. In the exercise of his responsibilities in the field of External Relations, the Member of the Presidential Council responsible for Foreign Affairs shall consult, through the JCER, the constituent states on decisions that affect their competencies prior to any decision or position being taken.
TC: “(…) shall consult, through the JCER, the constituent states on decisions that affect their competencies, and shall prior, to any decision or position being taken, work out a joint position”.
40. Treaties to be concluded dealing with matters which domestically fall within the competence of the constituent states shall be referred by the Member of the Presidential Council responsible for Foreign Affairs for consultations to the JCER. The JCER shall strive to reach consensus.
TC: “The JCER shall work out a joint position.” and: “Such treaties require the consent of the constituent state legislatures.” And: “If a constituent state does not consent, the United Cyprus Republic will include a reservation that the treaty does not apply to that constituent state.”
42. Whenever the federal government is a party to proceedings involving matters which domestically are within the competence of the constituent state(s), it shall inform the JCER and involve the concerned constituent state(s) in the proceedings before the court in a manner compatible with this Cooperation Agreement and the relevant rules of that court.
GC: “(…), and involve when possible, the concerned constituent state(s) (…)”
Further issues:
TC: wishes to include: “Constituent states shall have the power to conclude international agreements on matters that [domestically] fall within their competence.” (implies a change to art. 18 of the Constitution)
GC: add:
a) The Members of the Presidential Council shall represent the United Cyprus Republic at international meetings of government ministers unless otherwise provided for by law or agreed between the federal government and constituent states.
b) Any representative of the United Cyprus Republic in international meetings in external relations shall be bound by decisions of the federal government.
TC: leave out.
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LIST OF AIRCRAFT EXEMPTED FROM ARTICLE 97
SCHEDULE I
(Article 98)
LIST OF AIRCRAFT EXEMPTED FROM ARTICLE 97
The aircraft specified in the Annex of Directive 92/14/EEC of 2 March 1989 on the limitation of the operation of aeroplanes covered by Part II Chapter 1 Volume 1 of Annex 16 to the Convention on international Civil Aviation, second edition (1988), as amended from time to time, are exempted from Article 109. This list shall not include any other aircraft other than those exempted by the EU.
SCHEDULE II
(Article 80)
LIST OF GROUNDHANDLING SERVICES
1. Groundhandling services shall include -
(a) administrative ground handling services and the supervision of ground handling services;
(b) services for passengers;
(c) baggage handling;
(d) cargo handling;
(e) ramp handling;
(f) cleaning and tidying of the aircraft;
(g) replenishment with fuel and oils;
(h) aircraft maintenance;
(i) flight operations and crew administration;
(ι) ground transport;
(j) catering.
2. The administrative groundhandling services and supervision of groundhandling services shall comprise -
(a) the representation and liaison with local authorities or any other entity, the remittance of payments for the account of the user of the airport and the provision of places for the latter’s representatives;
(b) the inspection of loading, messages and telecommunication;
(c) the dispatching, storage and administration of cargoes;
(d) any and all other supervisory services before, during and after the flight, as well as all other administrative services requested by the air carrier;
3. Services to passengers shall include every type of service during departure, arrival, transit, or transfer, in particular check-in and the inspection of travel documents, baggage check-in and transport to the baggage claim area.
4. Baggage handling shall comprise the handling of baggage the baggage sorting area, the sorting of baggage, their preparation for departure, loading on the vehicles or devices that transport them from the aircraft to the sorting area and the baggage claim area and vice-versa, as well as the corresponding unloading operations.
5. Cargo handling shall comprise -
(a) as regards cargo in general, the physical handling of outgoing, transiting and incoming cargo, the dispatching of the relevant documentation and customs formalities, and security measures agreed by and between the parties or required by the circumstances;
(b) in particular as regards the post, the physical handling of incoming and outgoing post, the dispatching of the relevant documentation, and customs formalities, and security measures agreed by and between the parties or required by the circumstances.
6. The runway services shall include -
(a) the guidance of the aircraft upon arrival and departure, insofar as the said service is not provided by the air traffic control service;
(b) assistance for the aircraft during parking and the availability of the appropriate means and resources provided for that purpose, insofar as the said service is not provided by the air traffic control service;
(c) communication between aircraft and the provider of runway services, insofar as the said service is not provided by the air traffic control service;
(d) the loading and unloading of the aircraft, including the availability and use of appropriate means and resources, as well as the transport of passengers and crew between the aircraft and the terminal, as well as the transport of baggage between aircraft and terminal;
(e) the availability and use of appropriate means and resources upon starting the engines of the aircraft;
(f) the movement of the aircraft upon arrival and departure, as well as the availability and use of appropriate means and resources;
(g) the transport, loading and unloading of food and beverages to and from the aircraft.
7. The cleaning and tidying of the aircraft shall include -
(a) the external and internal cleaning of the aircraft, the cleaning and tidying of the sanitary and water supply facilities;
(b) the cooling and heating of the cabin, removal of snow from and defrosting of the aircraft;
(c) the rearrangement of the cabin with appropriate equipment, and the storage of said equipment.
8. The replenishment with fuel and oils shall include -
(a) organisation and performance of replenishment and cleaning of fuel, including storage, and quantitative and qualitative inspection;
(b) lubrication and replenishment with other fluids.
9. Aircraft maintenance shall comprise -
(a) the regular tasks before the flight;
(b) such particular tasks as are requested by the user of the aerodrome;
(c) the availability and use of spare parts and appropriate equipment;
(d) the securing of an appropriate apron and/or hangar for the performance of the maintenance operations.
10. The flight operations and crew administration shall comprise -
(a) the preparation of the flight in the airport of departure or any other point;
(b) services during flight, including, where necessary, change of course;
(c) services after the flight;
(d) crew management.
11. Ground transport shall comprise -
(a) the organisation and carrying out of transport of passengers, crew, baggage and cargo between different terminals in the same airport, but excluding the same transport between the aircraft and any other point within the perimeter of the same airport;
(b) any particular transport requested by the user of the aerodrome.
12. The catering shall include -
(a) liasing with suppliers and administrators;
(b) the storage of food, beverages and equipment for their preparation and consumption;
(c) the cleaning of the said equipment;
(d) the preparation and delivery of food and beverages and the relevant equipment.
SCHEDULE III
(Article 148)
EUROCONTROL STANDARDS
1. Eurocontrol standard for On-Line Data Interchange (OLDI), edition 2.2 (Eurocontrol document reference DPS. ET1. ST06-STD).
2. Eurocontrol standard for Air Traffic Services Data Exchange Presentation (ADEXP), edition 2.0 (Eurocontrol document reference DPS.ET1.ST09-STD).
3. Eurocontrol standard for Flight Data Exchange – Interface Control Document (FDE-ICD), edition 1.0 (Eurocontrol document reference COM.ET1.ST12-STD).
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(Article 98)
LIST OF AIRCRAFT EXEMPTED FROM ARTICLE 97
The aircraft specified in the Annex of Directive 92/14/EEC of 2 March 1989 on the limitation of the operation of aeroplanes covered by Part II Chapter 1 Volume 1 of Annex 16 to the Convention on international Civil Aviation, second edition (1988), as amended from time to time, are exempted from Article 109. This list shall not include any other aircraft other than those exempted by the EU.
SCHEDULE II
(Article 80)
LIST OF GROUNDHANDLING SERVICES
1. Groundhandling services shall include -
(a) administrative ground handling services and the supervision of ground handling services;
(b) services for passengers;
(c) baggage handling;
(d) cargo handling;
(e) ramp handling;
(f) cleaning and tidying of the aircraft;
(g) replenishment with fuel and oils;
(h) aircraft maintenance;
(i) flight operations and crew administration;
(ι) ground transport;
(j) catering.
2. The administrative groundhandling services and supervision of groundhandling services shall comprise -
(a) the representation and liaison with local authorities or any other entity, the remittance of payments for the account of the user of the airport and the provision of places for the latter’s representatives;
(b) the inspection of loading, messages and telecommunication;
(c) the dispatching, storage and administration of cargoes;
(d) any and all other supervisory services before, during and after the flight, as well as all other administrative services requested by the air carrier;
3. Services to passengers shall include every type of service during departure, arrival, transit, or transfer, in particular check-in and the inspection of travel documents, baggage check-in and transport to the baggage claim area.
4. Baggage handling shall comprise the handling of baggage the baggage sorting area, the sorting of baggage, their preparation for departure, loading on the vehicles or devices that transport them from the aircraft to the sorting area and the baggage claim area and vice-versa, as well as the corresponding unloading operations.
5. Cargo handling shall comprise -
(a) as regards cargo in general, the physical handling of outgoing, transiting and incoming cargo, the dispatching of the relevant documentation and customs formalities, and security measures agreed by and between the parties or required by the circumstances;
(b) in particular as regards the post, the physical handling of incoming and outgoing post, the dispatching of the relevant documentation, and customs formalities, and security measures agreed by and between the parties or required by the circumstances.
6. The runway services shall include -
(a) the guidance of the aircraft upon arrival and departure, insofar as the said service is not provided by the air traffic control service;
(b) assistance for the aircraft during parking and the availability of the appropriate means and resources provided for that purpose, insofar as the said service is not provided by the air traffic control service;
(c) communication between aircraft and the provider of runway services, insofar as the said service is not provided by the air traffic control service;
(d) the loading and unloading of the aircraft, including the availability and use of appropriate means and resources, as well as the transport of passengers and crew between the aircraft and the terminal, as well as the transport of baggage between aircraft and terminal;
(e) the availability and use of appropriate means and resources upon starting the engines of the aircraft;
(f) the movement of the aircraft upon arrival and departure, as well as the availability and use of appropriate means and resources;
(g) the transport, loading and unloading of food and beverages to and from the aircraft.
7. The cleaning and tidying of the aircraft shall include -
(a) the external and internal cleaning of the aircraft, the cleaning and tidying of the sanitary and water supply facilities;
(b) the cooling and heating of the cabin, removal of snow from and defrosting of the aircraft;
(c) the rearrangement of the cabin with appropriate equipment, and the storage of said equipment.
8. The replenishment with fuel and oils shall include -
(a) organisation and performance of replenishment and cleaning of fuel, including storage, and quantitative and qualitative inspection;
(b) lubrication and replenishment with other fluids.
9. Aircraft maintenance shall comprise -
(a) the regular tasks before the flight;
(b) such particular tasks as are requested by the user of the aerodrome;
(c) the availability and use of spare parts and appropriate equipment;
(d) the securing of an appropriate apron and/or hangar for the performance of the maintenance operations.
10. The flight operations and crew administration shall comprise -
(a) the preparation of the flight in the airport of departure or any other point;
(b) services during flight, including, where necessary, change of course;
(c) services after the flight;
(d) crew management.
11. Ground transport shall comprise -
(a) the organisation and carrying out of transport of passengers, crew, baggage and cargo between different terminals in the same airport, but excluding the same transport between the aircraft and any other point within the perimeter of the same airport;
(b) any particular transport requested by the user of the aerodrome.
12. The catering shall include -
(a) liasing with suppliers and administrators;
(b) the storage of food, beverages and equipment for their preparation and consumption;
(c) the cleaning of the said equipment;
(d) the preparation and delivery of food and beverages and the relevant equipment.
SCHEDULE III
(Article 148)
EUROCONTROL STANDARDS
1. Eurocontrol standard for On-Line Data Interchange (OLDI), edition 2.2 (Eurocontrol document reference DPS. ET1. ST06-STD).
2. Eurocontrol standard for Air Traffic Services Data Exchange Presentation (ADEXP), edition 2.0 (Eurocontrol document reference DPS.ET1.ST09-STD).
3. Eurocontrol standard for Flight Data Exchange – Interface Control Document (FDE-ICD), edition 1.0 (Eurocontrol document reference COM.ET1.ST12-STD).
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Federal law on the Application of Certain Federal Laws Transposing the European Union Acquis
Foundation Agreement
Annex III, Attachment 3, Law 2
Federal law on the Application of Certain Federal Laws
Transposing the European Union Acquis
Short Title
1. Federal law on the Application of Certain Federal Laws Transposing the European Union Acquis.
Interpretations
2. In this Law, unless the context otherwise requires -
“Suspension of the application of the acquis” shall mean, according to Protocol No. 10 on Cyprus of the Act of Accession, the entire non-application of the acquis of the European Union in the territory administered by the Turkish Cypriot constituent state.
“Decision to withdraw the suspension of the acquis” shall mean any decision of the Council of the European Union to withdraw, in part or in whole, the suspension of the application of the acquis in the territory administered by the Turkish Cypriot constituent state.
“Transitional arrangement” shall mean any arrangement contained in a decision to withdraw the suspension of the acquis, which will provide for the application of certain aspects of the acquis in the territory administered by the Turkish Cypriot constituent State only after a period of time, and in steps or in stages.
“Eligible laws and regulations” shall mean federal laws and regulations forming part of the Foundation Agreement, or provisions thereof, as listed in the Annex of this law.
“territory administered by the Turkish Cypriot constituent state” shall mean the territory of the Turkish Cypriot constituent state and those territories temporarily administered by the Turkish Cypriot State in accordance with Annex VI of the Foundation agreement.
Suspension of the application of federal laws in the Turkish Cypriot constituent state
3. (1) Provisions of eligible laws or regulations which transpose corresponding provisions of the acquis whose application is suspended shall not be applicable in the territory administered by the Turkish Cypriot constituent state as long as no decision to withdraw the suspension of the acquis has been taken, however not exceeding the relevant maximum period set out in the Annex.
(2) If an eligible law or regulation contains specific arrangements as to their applicability to the territory administered by the Turkish Cypriot constituent state, the relevant provisions to which the arrangement relate remain applicable throughout the United Cyprus Republic.
Transitional arrangements
4. (1) When the suspension of the acquis is withdrawn, the provisions of corresponding eligible laws and regulations shall thereafter apply throughout the United Cyprus Republic.
(2) If the decision to withdraw the suspension of the acquis contains a transitional arrangement, the provisions of corresponding eligible laws and regulations shall apply to the territory administered by the Turkish Cypriot constituent state in accordance with the transitional measures specified therein.
ANNEX
List of eligible federal laws and regulations
I. Public procurement
1. Federal Law on the Coordination of Procedures for the Award of Public Supply Contracts, Public Service Contracts and Public Works Contracts
2. Federal Law on the Coordinated Procurement Procedures for the Award of Contracts (Supply, Works, Services) of Entities Operating in the Water, Energy, Transport and Telecommunications Sectors
not exceeding two years after the entry into force of the Foundation Agreement.
II. Banking services
1. Federal Law on Banking
not exceeding two years after the entry into force of the Foundation Agreement.
III. Insurance services
1. Federal Law on Insurance Services
2. Federal Law on Third Party Insurance for Motor Vehicles
3. Federal Law on Compulsory Insurance for Employers' Liability
not exceeding two years after the entry into force of the Foundation Agreement.
IV. Securities services
1. Federal Law on Insider Dealing, Market Manipulation (Market Abuse) and Related Issues
2. Federal Law of Public Offer and Prospectus
3. Federal Law on Investment Advisory Firms (IAF)
4. Federal Law on Public offering for the acquisition or purchase of securities and mergers of listed companies
5. Federal Law on the Cyprus Securities and Exchange Commission
6. Settlement Finality in Payment Systems & Security Settlement Systems
7. Federal Law on Investment Firms
8. Federal Law on the Open-Ended Undertakings for Collective Investment in Transferable Securities (UCITS) and Related Issues
not exceeding two years after the entry into force of the Foundation Agreement.
V. Intellectual and industrial property
1. Federal Law on Copyright including Regulations
2. Federal Law on the Legal Protection of Topographies of Semiconductor Products.
3. Federal Law on Trade Marks
4. Federal Law on Patent
5. Federal Law on the Legal Protection of Designs
6. Federal Law on the Designation of Origin and Geographical Indications of Agricultural Products and Foodstuffs
7. Federal Law on the Control of the Movement of Goods which Infringe Intellectual Property Rights
not exceeding one year after the entry into force of the Foundation Agreement.
VI. Competition
1. Federal Law on Control of Concentration of Undertakings
2. Federal Law on the Protection of Competition
not exceeding three years after the entry into force of the Foundation Agreement.
VII. Agriculture
1. Federal law on the agricultural payments agency
not exceeding two years after the entry into force of the Foundation Agreement.
VIII. Data protection
1. Federal Law on Protection of Personal Data
Not exceeding two years after the entry into force of the Foundation Agreement.
VIIIX. Telecommunications
1. Federal Law on Radio Communications
2. Federal Law on the Regulations of Electronic Communication and Postal Services
Not exceeding one year after the entry into force of the Foundation Agreement.
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Annex III, Attachment 3, Law 2
Federal law on the Application of Certain Federal Laws
Transposing the European Union Acquis
Short Title
1. Federal law on the Application of Certain Federal Laws Transposing the European Union Acquis.
Interpretations
2. In this Law, unless the context otherwise requires -
“Suspension of the application of the acquis” shall mean, according to Protocol No. 10 on Cyprus of the Act of Accession, the entire non-application of the acquis of the European Union in the territory administered by the Turkish Cypriot constituent state.
“Decision to withdraw the suspension of the acquis” shall mean any decision of the Council of the European Union to withdraw, in part or in whole, the suspension of the application of the acquis in the territory administered by the Turkish Cypriot constituent state.
“Transitional arrangement” shall mean any arrangement contained in a decision to withdraw the suspension of the acquis, which will provide for the application of certain aspects of the acquis in the territory administered by the Turkish Cypriot constituent State only after a period of time, and in steps or in stages.
“Eligible laws and regulations” shall mean federal laws and regulations forming part of the Foundation Agreement, or provisions thereof, as listed in the Annex of this law.
“territory administered by the Turkish Cypriot constituent state” shall mean the territory of the Turkish Cypriot constituent state and those territories temporarily administered by the Turkish Cypriot State in accordance with Annex VI of the Foundation agreement.
Suspension of the application of federal laws in the Turkish Cypriot constituent state
3. (1) Provisions of eligible laws or regulations which transpose corresponding provisions of the acquis whose application is suspended shall not be applicable in the territory administered by the Turkish Cypriot constituent state as long as no decision to withdraw the suspension of the acquis has been taken, however not exceeding the relevant maximum period set out in the Annex.
(2) If an eligible law or regulation contains specific arrangements as to their applicability to the territory administered by the Turkish Cypriot constituent state, the relevant provisions to which the arrangement relate remain applicable throughout the United Cyprus Republic.
Transitional arrangements
4. (1) When the suspension of the acquis is withdrawn, the provisions of corresponding eligible laws and regulations shall thereafter apply throughout the United Cyprus Republic.
(2) If the decision to withdraw the suspension of the acquis contains a transitional arrangement, the provisions of corresponding eligible laws and regulations shall apply to the territory administered by the Turkish Cypriot constituent state in accordance with the transitional measures specified therein.
ANNEX
List of eligible federal laws and regulations
I. Public procurement
1. Federal Law on the Coordination of Procedures for the Award of Public Supply Contracts, Public Service Contracts and Public Works Contracts
2. Federal Law on the Coordinated Procurement Procedures for the Award of Contracts (Supply, Works, Services) of Entities Operating in the Water, Energy, Transport and Telecommunications Sectors
not exceeding two years after the entry into force of the Foundation Agreement.
II. Banking services
1. Federal Law on Banking
not exceeding two years after the entry into force of the Foundation Agreement.
III. Insurance services
1. Federal Law on Insurance Services
2. Federal Law on Third Party Insurance for Motor Vehicles
3. Federal Law on Compulsory Insurance for Employers' Liability
not exceeding two years after the entry into force of the Foundation Agreement.
IV. Securities services
1. Federal Law on Insider Dealing, Market Manipulation (Market Abuse) and Related Issues
2. Federal Law of Public Offer and Prospectus
3. Federal Law on Investment Advisory Firms (IAF)
4. Federal Law on Public offering for the acquisition or purchase of securities and mergers of listed companies
5. Federal Law on the Cyprus Securities and Exchange Commission
6. Settlement Finality in Payment Systems & Security Settlement Systems
7. Federal Law on Investment Firms
8. Federal Law on the Open-Ended Undertakings for Collective Investment in Transferable Securities (UCITS) and Related Issues
not exceeding two years after the entry into force of the Foundation Agreement.
V. Intellectual and industrial property
1. Federal Law on Copyright including Regulations
2. Federal Law on the Legal Protection of Topographies of Semiconductor Products.
3. Federal Law on Trade Marks
4. Federal Law on Patent
5. Federal Law on the Legal Protection of Designs
6. Federal Law on the Designation of Origin and Geographical Indications of Agricultural Products and Foodstuffs
7. Federal Law on the Control of the Movement of Goods which Infringe Intellectual Property Rights
not exceeding one year after the entry into force of the Foundation Agreement.
VI. Competition
1. Federal Law on Control of Concentration of Undertakings
2. Federal Law on the Protection of Competition
not exceeding three years after the entry into force of the Foundation Agreement.
VII. Agriculture
1. Federal law on the agricultural payments agency
not exceeding two years after the entry into force of the Foundation Agreement.
VIII. Data protection
1. Federal Law on Protection of Personal Data
Not exceeding two years after the entry into force of the Foundation Agreement.
VIIIX. Telecommunications
1. Federal Law on Radio Communications
2. Federal Law on the Regulations of Electronic Communication and Postal Services
Not exceeding one year after the entry into force of the Foundation Agreement.
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Federal Law on Conduct of European Union Affairs
Foundation Agreement
Annex III, Attachment 3
The text of this Law is as provisionally agreed between the Parties save for highlighted parts that represent the bridging proposals of the United Nations.
A Law to make provision for the rules and procedures to be followed by the federal public authorities in conducting European Union Affairs.
It is hereby provided as follows:
Section 1 Short title
This Law may be cited as the “Federal Law on European Union Affairs”.
Section 2 Interpretation
In this Law –
“Committee” means the Ministerial Committee of European Affairs established by virtue of section 6;
“Council” means the Council of the European Union;
“Group” means the Coordination Group established by virtue of article 5 of the Cooperation Agreement between the Federal Government and the Constituent States in European Union Affairs;
“member of the Committee” means a member of the Committee or his/her representative, where such representative is appointed by virtue of section 6;
“Minister of European Union Affairs” means the Member of the Presidential Council responsible for the federal Department, having, for the time being, responsibility in respect of European Union Affairs;
“Minister of Foreign Affairs” means the Member of the Presidential Council responsible for the federal Department, having, for the time being, responsibility in respect of Foreign Affairs.
Section 3 Election of representatives of Cyprus to the European Parliament
1) In accordance with the Protocol to the Treaty of Accession of Cyprus, the representatives of Cyprus in the European Parliament, shall be elected on a proportional basis. The constituent states shall be the electoral precincts; each constituent state shall elect no less than one third of the representatives of Cyprus in the European Parliament.
2) All citizens of the United Cyprus Republic and other European Union Member States shall, in acordance with Article 3 of the Council Directive 93/109/EC of 6 December 1993, exercise their right to vote and to stand as candidates at their place of permanent residence in Cyprus.
Section 4 Position of Cyprus determined by the federal government
In respect of European Union matters which fall, exclusively or predominantly, into an area of competence of the federal government, the federal government shall determine the position that Cyprus adopts within the institutions and organs of the Union.
Section 5 Duty to inform Members of the Presidential Council
The Department of European Union Affairs shall inform the Members of the Presidential Council without delay on all issues relating to European Union affairs in their respective areas of competence. This duty shall include the transmission of:
a) the agenda of the meetings of the Committee;
b) the agenda of the meetings of the Group, irrespective of whether the group meets under its consultative capacity or as a decision making body;
c) The agenda of the meetings of the IMCEUA ;
d) documents, reports and notices of the institutions and organs of the European Union;
e) documents, reports and notices on informal meetings at ministerial level;
f) documents and information on cases pending before the Court of Justice and the Court of First Instance of the European Communities where Cyprus is one of the parties, as well as judgments rendered by these Courts in such cases;
g) reports prepared by the Permanent Representation of Cyprus to the European Union;
h) documents, reports and notices communicated by the federal government to the institutions and organs of the European Union; and
i) instructions and, wherever possible, draft instructions to the representatives of Cyprus in the Council of the European Union or in any of the said Council’s preparatory bodies, on the position to be supported by Cyprus, where such position is to be determined in accordance with subsections (1) and (2) of section 9.
Section 6 Departmental Committee of European Affairs
1) A Departmental Committee of European Affairs is hereby established.
2) The Committee is composed, in addition to the Minister of European Union Affairs, who presides over it, of the Minister of Foreign Affairs and of one or two other members, who are appointed by the Presidential Council from among its own members, according to the agenda of the Committee.
Section 7 Participation of public officers in meetings of the Committee
Each member of the Committee may be represented by an officer of his/her Department and may be assisted by officers of any Department or public body concerned with an item on the Committee’s agenda.
Section 8 Meetings of the Committee
1) The Committee meets as often as necessary and, in any case, at least once every two weeks and at any rate before any session of the Council.
2) The meetings of the Committee are convened by the Minister of European Union Affairs. The Minister of European Union Affairs shall promptly convene a meeting of the Committee when so requested by any Member of the Presidential Council.
Section 9 Determination of the position of Cyprus
1) Without prejudice to the provisions of subsection (3) and of sections 10 to 12 and 15, the position of Cyprus in the matters referred to in section 4 shall be decided by the Minister of European Union Affairs, acting in person or through officers of his/her department, who shall be acting under and in accordance with his/her instructions.
2) In determining the position of Cyprus as provided in subsection (1), the Minister of European Union Affairs shall request in due time the opinion of-
a) the federal authorities or public bodies, which are competent in respect of the matter under consideration; and
b) the constituent states, in accordance with the provisions of section 13.
The Minister of European Union Affairs shall take into account such opinions given in due time.
3) The Minister of European Union Affairs may refer to the Committee any matter referred to in section 4. S/he shall refer to the Committee promptly any such matter, when so requested by another Member of the Presidential Council.
Section 10 Decision-making process within the Committee
If, in a given case –
a) consensus is achieved among the members of the Committee, the case is forwarded by the Committee to the Presidential Council for decision;
b) consensus is not achieved in time among the members of the Committee, the case is forwarded by the Committee to the Presidential Council for decision, with a report mentioning the discordant views and, where possible, solutions suggested to overcome them.
Section 11 Procedure in case of urgency
In case of urgency, the members of the Committee may consult with each other and achieve consensus without a formal meeting of the Committee. In such case, the decision shall be circulated and be signed.
Section 12 Presidential Council may delegate power to take decisions
The Presidential Council may delegate to the Committee the power to take final decisions on any of the matters referred to in section 4.
Section 13 Consultation of constituent states
In matters referred to in section 4, the constituent states shall be consulted as follows:
a) All matters for which the position of Cyprus is to be determined in accordance with the provisions of sections 9, 10 and 12, shall be included, under the heading “For Consultation”, on the agenda of a meeting of the Group to be held prior to the date on which such position has to be determined. Due notice of such meeting shall be given to the constituent state by the Department of European Union Affairs. The representatives of each constituent state shall be given the opportunity, if present, to express their opinion on the subjects appearing on the agenda.
b) In case of urgency, the constituent states may be consulted without a formal meeting of the Group.
Section 14 Procedure if a position decided by the Minister needs to be urgently adapted
When the position of Cyprus is decided in accordance with the provisions of subsections (1) and (2) of section 9, and it needs to be urgently adapted in the course of a meeting of a European Union institution or organ, the respective representative of Cyprus shall immediately inform the Minister of European Union Affairs or a competent officer of the Department of European Union Affairs. If a revised decision cannot be obtained in time, the representative of Cyprus shall abstain, except in cases where s/he has received from the Minister of European Union Affairs and the Minister of Foreign Affairs or an officer of their respective Departments acting under and in accordance with their instructions, clear freedom to choose the position that will more likely address the general interests of Cyprus. In such circumstances, the vote given by the Cyprus representative shall be final.
Section 15 Procedure if a position decided by the Presidential Council or the Group needs to be urgently adapted
When the position of Cyprus is decided by the Presidential Council or, upon delegation, by the Committee, and it needs to be urgently adapted in the course of a meeting of a European Union institution or organ, the respective representative of Cyprus shall immediately inform the members of the Committee. If a consensus among the members of the Committee cannot be obtained in time on the position to be adopted, the representative of Cyprus shall abstain, except in cases where s/he has received from the Presidential Council or, upon delegation, from the Committee, clear freedom to choose the position that will more likely address the general interests of Cyprus. In such circumstances, the vote given by the Cyprus representative shall be final.
Section 16 Representative of Cyprus in the Council of the European Union
1) By virtue of Article 19.3 of the Constitution and in compliance with Article 203, paragraph 1, of the Treaty establishing the European Community, Cyprus shall be represented in the Council by a Member of the Presidential Council, where the matters to be discussed in the Council are among those mentioned in section 4.
2) Such representative shall be appointed by the Presidential Council.
3) The representatives of Cyprus in the Council shall be notified to the said Council’s Secretariat General. Such representatives attending meetings of the Council or, in their absence, the Permanent Representative of Cyprus to the European Union or any officer of the Permanent Representation acting under and in accordance with the Permanent Representative’s instructions, shall have the exclusive right to make legally binding declarations as mandated.
Section 17 Appointment of Member of the Commission
1) With due regard to Article 214 of the Treaty establishing the European Community, and in concert with the Governments of the Member States of the European Union, the Presidential Council shall indicate the name of the Cypriot nominee for appointment as Member of the Commission.
2) In so doing, the Presidential Council shall nominate persons from both constituent states in the proportion of two to one between the Greek Cypriot State and the Turkish Cypriot State respectively. The second Commissioner to be indicated by Cyprus shall not hail from the same constituent state as the first. Thereafter, no more than two consecutive Commissioners shall hail from the same constituent state.
Section 18 Appointment of Judges, Advocates-General and Members of the Court of Auditors
1) The procedure and proportion provided for in section 17 shall apply, with due regard to Articles 223 and 225 of the Treaty establishing the European Community, for the appointment of Judges and Advocates-General at the Court of Justice of the European Communities and the Court of First Instance of the European Communities and, with due regard to Article 247 of the same Treaty, for the appointment of the Members of the Court of Auditors of the European Communities. A Judge hailing from the Turkish Cypriot State shall, on a rotational basis, occupy the seat of Cyprus in each of the three Courts, with the Court of Auditors being last.
2) The Presidential Council shall suggest candidates for the Court of Justice of the European Communities and the Court of First Instance of the European Communities. The candidates for Judgeship shall meet the requirements for appointment set out in Articles 223 and 225 of the Treaty establishing the European Community. Each constituent state shall send a list of their nominations for Judgeship and for the post of Advocate-General to the Presidential Council.
Section 19 Department of European Union Affairs
1) The Department of European Union Affairs shall be composed of no less than eighty percent (80%) federal public officers and up to twenty per cent (20%) public officers seconded from time to time, in equal numbers, from the constituent states.
2) The authority of the Minister of European Union Affairs shall extend to all those on secondment at the Department from the federal government and the constituent states.
Section 20 Coordination of federal and constituent state public authorities
Subject to the provisions of the Cooperation Agreement between the Federal Government and the Constituent States on European Union Affairs, the Department of European Union Affairs shall coordinate the work of the public authorities and public bodies of the federal government and the constituent states in dealing with European Union matters.
Section 21 Permanent representation of Cyprus to the European Union
1) Postings to the Permanent Representation of Cyprus to the European Union shall be decided by the Presidential Council.
2) The Permanent Representation of Cyprus to the European Union shall comprise, in addition to members of the diplomatic service, public officers of the Department of European Union Affairs, as well as of other departments. It shall also comprise public officers from the constituent states, on secondment, in similar numbers from each constituent state.
3) Subject to the provisions of the Federal Law on External Relations, the Permanent Representative of Cyprus to the European Union shall be designated among the public officers of the Department of Foreign Affairs. S/he shall not hail from the same constituent state as the Minister of Foreign Affairs.
4) The Deputy Permanent Representative of Cyprus to the European Union shall be designated among the public officers of the Department of European Union Affairs. S/he shall not hail from the same constituent state as the Minister of European Union Affairs.
5) The Ambassador of Cyprus to the Political and Security Committee shall be designated among the public officers of the Department of Foreign Affairs.
6) When a change in the composition of the Presidential Council leads, by virtue of subsections (3) and (4), to a need to change the persons appointed as Permanent Representative and Deputy Permanent Representative of Cyprus to the European Union, the transfers thus required shall take place within a period of six months from the date of change in the composition of the Presidential Council.
7) Subject to the provisions of the Federal Law on External Relations, the Permanent Representation of Cyprus to the European Union shall receive instructions from the Minister of European Union Affairs and the Presidential Council in accordance with the provisions of this Law.
Section 22 Regulations
The Presidential Council may make regulations to be published in the Gazette for the better application of the provisions of this Law.
Section 23 Transitional provision
The provisions of this Law shall apply mutatis mutandis during the transitional periods provided for in the Foundation Agreement.
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Annex III, Attachment 3
The text of this Law is as provisionally agreed between the Parties save for highlighted parts that represent the bridging proposals of the United Nations.
A Law to make provision for the rules and procedures to be followed by the federal public authorities in conducting European Union Affairs.
It is hereby provided as follows:
Section 1 Short title
This Law may be cited as the “Federal Law on European Union Affairs”.
Section 2 Interpretation
In this Law –
“Committee” means the Ministerial Committee of European Affairs established by virtue of section 6;
“Council” means the Council of the European Union;
“Group” means the Coordination Group established by virtue of article 5 of the Cooperation Agreement between the Federal Government and the Constituent States in European Union Affairs;
“member of the Committee” means a member of the Committee or his/her representative, where such representative is appointed by virtue of section 6;
“Minister of European Union Affairs” means the Member of the Presidential Council responsible for the federal Department, having, for the time being, responsibility in respect of European Union Affairs;
“Minister of Foreign Affairs” means the Member of the Presidential Council responsible for the federal Department, having, for the time being, responsibility in respect of Foreign Affairs.
Section 3 Election of representatives of Cyprus to the European Parliament
1) In accordance with the Protocol to the Treaty of Accession of Cyprus, the representatives of Cyprus in the European Parliament, shall be elected on a proportional basis. The constituent states shall be the electoral precincts; each constituent state shall elect no less than one third of the representatives of Cyprus in the European Parliament.
2) All citizens of the United Cyprus Republic and other European Union Member States shall, in acordance with Article 3 of the Council Directive 93/109/EC of 6 December 1993, exercise their right to vote and to stand as candidates at their place of permanent residence in Cyprus.
Section 4 Position of Cyprus determined by the federal government
In respect of European Union matters which fall, exclusively or predominantly, into an area of competence of the federal government, the federal government shall determine the position that Cyprus adopts within the institutions and organs of the Union.
Section 5 Duty to inform Members of the Presidential Council
The Department of European Union Affairs shall inform the Members of the Presidential Council without delay on all issues relating to European Union affairs in their respective areas of competence. This duty shall include the transmission of:
a) the agenda of the meetings of the Committee;
b) the agenda of the meetings of the Group, irrespective of whether the group meets under its consultative capacity or as a decision making body;
c) The agenda of the meetings of the IMCEUA ;
d) documents, reports and notices of the institutions and organs of the European Union;
e) documents, reports and notices on informal meetings at ministerial level;
f) documents and information on cases pending before the Court of Justice and the Court of First Instance of the European Communities where Cyprus is one of the parties, as well as judgments rendered by these Courts in such cases;
g) reports prepared by the Permanent Representation of Cyprus to the European Union;
h) documents, reports and notices communicated by the federal government to the institutions and organs of the European Union; and
i) instructions and, wherever possible, draft instructions to the representatives of Cyprus in the Council of the European Union or in any of the said Council’s preparatory bodies, on the position to be supported by Cyprus, where such position is to be determined in accordance with subsections (1) and (2) of section 9.
Section 6 Departmental Committee of European Affairs
1) A Departmental Committee of European Affairs is hereby established.
2) The Committee is composed, in addition to the Minister of European Union Affairs, who presides over it, of the Minister of Foreign Affairs and of one or two other members, who are appointed by the Presidential Council from among its own members, according to the agenda of the Committee.
Section 7 Participation of public officers in meetings of the Committee
Each member of the Committee may be represented by an officer of his/her Department and may be assisted by officers of any Department or public body concerned with an item on the Committee’s agenda.
Section 8 Meetings of the Committee
1) The Committee meets as often as necessary and, in any case, at least once every two weeks and at any rate before any session of the Council.
2) The meetings of the Committee are convened by the Minister of European Union Affairs. The Minister of European Union Affairs shall promptly convene a meeting of the Committee when so requested by any Member of the Presidential Council.
Section 9 Determination of the position of Cyprus
1) Without prejudice to the provisions of subsection (3) and of sections 10 to 12 and 15, the position of Cyprus in the matters referred to in section 4 shall be decided by the Minister of European Union Affairs, acting in person or through officers of his/her department, who shall be acting under and in accordance with his/her instructions.
2) In determining the position of Cyprus as provided in subsection (1), the Minister of European Union Affairs shall request in due time the opinion of-
a) the federal authorities or public bodies, which are competent in respect of the matter under consideration; and
b) the constituent states, in accordance with the provisions of section 13.
The Minister of European Union Affairs shall take into account such opinions given in due time.
3) The Minister of European Union Affairs may refer to the Committee any matter referred to in section 4. S/he shall refer to the Committee promptly any such matter, when so requested by another Member of the Presidential Council.
Section 10 Decision-making process within the Committee
If, in a given case –
a) consensus is achieved among the members of the Committee, the case is forwarded by the Committee to the Presidential Council for decision;
b) consensus is not achieved in time among the members of the Committee, the case is forwarded by the Committee to the Presidential Council for decision, with a report mentioning the discordant views and, where possible, solutions suggested to overcome them.
Section 11 Procedure in case of urgency
In case of urgency, the members of the Committee may consult with each other and achieve consensus without a formal meeting of the Committee. In such case, the decision shall be circulated and be signed.
Section 12 Presidential Council may delegate power to take decisions
The Presidential Council may delegate to the Committee the power to take final decisions on any of the matters referred to in section 4.
Section 13 Consultation of constituent states
In matters referred to in section 4, the constituent states shall be consulted as follows:
a) All matters for which the position of Cyprus is to be determined in accordance with the provisions of sections 9, 10 and 12, shall be included, under the heading “For Consultation”, on the agenda of a meeting of the Group to be held prior to the date on which such position has to be determined. Due notice of such meeting shall be given to the constituent state by the Department of European Union Affairs. The representatives of each constituent state shall be given the opportunity, if present, to express their opinion on the subjects appearing on the agenda.
b) In case of urgency, the constituent states may be consulted without a formal meeting of the Group.
Section 14 Procedure if a position decided by the Minister needs to be urgently adapted
When the position of Cyprus is decided in accordance with the provisions of subsections (1) and (2) of section 9, and it needs to be urgently adapted in the course of a meeting of a European Union institution or organ, the respective representative of Cyprus shall immediately inform the Minister of European Union Affairs or a competent officer of the Department of European Union Affairs. If a revised decision cannot be obtained in time, the representative of Cyprus shall abstain, except in cases where s/he has received from the Minister of European Union Affairs and the Minister of Foreign Affairs or an officer of their respective Departments acting under and in accordance with their instructions, clear freedom to choose the position that will more likely address the general interests of Cyprus. In such circumstances, the vote given by the Cyprus representative shall be final.
Section 15 Procedure if a position decided by the Presidential Council or the Group needs to be urgently adapted
When the position of Cyprus is decided by the Presidential Council or, upon delegation, by the Committee, and it needs to be urgently adapted in the course of a meeting of a European Union institution or organ, the respective representative of Cyprus shall immediately inform the members of the Committee. If a consensus among the members of the Committee cannot be obtained in time on the position to be adopted, the representative of Cyprus shall abstain, except in cases where s/he has received from the Presidential Council or, upon delegation, from the Committee, clear freedom to choose the position that will more likely address the general interests of Cyprus. In such circumstances, the vote given by the Cyprus representative shall be final.
Section 16 Representative of Cyprus in the Council of the European Union
1) By virtue of Article 19.3 of the Constitution and in compliance with Article 203, paragraph 1, of the Treaty establishing the European Community, Cyprus shall be represented in the Council by a Member of the Presidential Council, where the matters to be discussed in the Council are among those mentioned in section 4.
2) Such representative shall be appointed by the Presidential Council.
3) The representatives of Cyprus in the Council shall be notified to the said Council’s Secretariat General. Such representatives attending meetings of the Council or, in their absence, the Permanent Representative of Cyprus to the European Union or any officer of the Permanent Representation acting under and in accordance with the Permanent Representative’s instructions, shall have the exclusive right to make legally binding declarations as mandated.
Section 17 Appointment of Member of the Commission
1) With due regard to Article 214 of the Treaty establishing the European Community, and in concert with the Governments of the Member States of the European Union, the Presidential Council shall indicate the name of the Cypriot nominee for appointment as Member of the Commission.
2) In so doing, the Presidential Council shall nominate persons from both constituent states in the proportion of two to one between the Greek Cypriot State and the Turkish Cypriot State respectively. The second Commissioner to be indicated by Cyprus shall not hail from the same constituent state as the first. Thereafter, no more than two consecutive Commissioners shall hail from the same constituent state.
Section 18 Appointment of Judges, Advocates-General and Members of the Court of Auditors
1) The procedure and proportion provided for in section 17 shall apply, with due regard to Articles 223 and 225 of the Treaty establishing the European Community, for the appointment of Judges and Advocates-General at the Court of Justice of the European Communities and the Court of First Instance of the European Communities and, with due regard to Article 247 of the same Treaty, for the appointment of the Members of the Court of Auditors of the European Communities. A Judge hailing from the Turkish Cypriot State shall, on a rotational basis, occupy the seat of Cyprus in each of the three Courts, with the Court of Auditors being last.
2) The Presidential Council shall suggest candidates for the Court of Justice of the European Communities and the Court of First Instance of the European Communities. The candidates for Judgeship shall meet the requirements for appointment set out in Articles 223 and 225 of the Treaty establishing the European Community. Each constituent state shall send a list of their nominations for Judgeship and for the post of Advocate-General to the Presidential Council.
Section 19 Department of European Union Affairs
1) The Department of European Union Affairs shall be composed of no less than eighty percent (80%) federal public officers and up to twenty per cent (20%) public officers seconded from time to time, in equal numbers, from the constituent states.
2) The authority of the Minister of European Union Affairs shall extend to all those on secondment at the Department from the federal government and the constituent states.
Section 20 Coordination of federal and constituent state public authorities
Subject to the provisions of the Cooperation Agreement between the Federal Government and the Constituent States on European Union Affairs, the Department of European Union Affairs shall coordinate the work of the public authorities and public bodies of the federal government and the constituent states in dealing with European Union matters.
Section 21 Permanent representation of Cyprus to the European Union
1) Postings to the Permanent Representation of Cyprus to the European Union shall be decided by the Presidential Council.
2) The Permanent Representation of Cyprus to the European Union shall comprise, in addition to members of the diplomatic service, public officers of the Department of European Union Affairs, as well as of other departments. It shall also comprise public officers from the constituent states, on secondment, in similar numbers from each constituent state.
3) Subject to the provisions of the Federal Law on External Relations, the Permanent Representative of Cyprus to the European Union shall be designated among the public officers of the Department of Foreign Affairs. S/he shall not hail from the same constituent state as the Minister of Foreign Affairs.
4) The Deputy Permanent Representative of Cyprus to the European Union shall be designated among the public officers of the Department of European Union Affairs. S/he shall not hail from the same constituent state as the Minister of European Union Affairs.
5) The Ambassador of Cyprus to the Political and Security Committee shall be designated among the public officers of the Department of Foreign Affairs.
6) When a change in the composition of the Presidential Council leads, by virtue of subsections (3) and (4), to a need to change the persons appointed as Permanent Representative and Deputy Permanent Representative of Cyprus to the European Union, the transfers thus required shall take place within a period of six months from the date of change in the composition of the Presidential Council.
7) Subject to the provisions of the Federal Law on External Relations, the Permanent Representation of Cyprus to the European Union shall receive instructions from the Minister of European Union Affairs and the Presidential Council in accordance with the provisions of this Law.
Section 22 Regulations
The Presidential Council may make regulations to be published in the Gazette for the better application of the provisions of this Law.
Section 23 Transitional provision
The provisions of this Law shall apply mutatis mutandis during the transitional periods provided for in the Foundation Agreement.
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