Federal Law on the Maritime Areas of Cyprus

Foundation Agreement
Annex III, Attachment 11, Law 47
Federal Law on the Maritime Areas of Cyprus

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.

It is hereby provided as follows:

Short title

1. This Law may be cited as the Federal Law on the Maritime Areas of Cyprus.

Interpretation

2. (1) In this Law, unless the context otherwise requires

"competent authority" means the Member of the Presidential Council heading the Department having the responsibility for maritime affairs;

"contiguous zone" has the meaning assigned to it in the Convention.

"Convention" means the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982;

"Cyprus" means the United Cyprus Republic;

"exclusive economic zone (EEZ)" has the meaning assigned to it in the Convention;

"Gazette" means the federal official Gazette;

"mile" means an international nautical mile of 1,852 metres:

"territorial sea" means that part of the sea adjacent to the coast of Cyprus;

"ship" includes every description of vessel used in navigation not propelled by oars.

(2) Terms not otherwise defined in this section shall be construed in accordance with the Convention, and in the case of any conflict between this Law and the Convention, the Convention shall prevail.

Breadth of the territorial sea

3. The territorial sea extends within a limit of twelve miles of the coast of Cyprus, measured from the straight base lines joining appropriate points.

Passage of ships carrying dangerous substances

4. Passage through the territorial sea of warships or nuclear powered ships or ships carrying nuclear or other inherently dangerous or noxious substances shall be subject to the prior notification to the competent authority and consent by such authority.

Establishment and Limit of the contiguous zone

5. Upon the proposal of the competent authority, the Federal Parliament may, in accordance with the procedure set out in Article 25 of the Constitution of Cyprus, adopt a law for the establishment of a contiguous zone extending to a limit up to 24 nautical miles from the baselines from which the territorial sea is measured.

Establishment and limits of exclusive economic zone

6.Upon the proposal of the competent authority, the Federal Parliament may, in accordance with the procedure set out in Article 25 of the Constitution of Cyprus, adopt a law for the establishment of an exclusive economic zone.

Regulations

7. The Presidential Council may make Regulations to be published in the Gazette for the better carrying out of the provisions of this Law.

UN Bridging Proposal
The proposal is a balance. The GC proposal calculated the breadth of the territorial sea by measuring from the straight base line. The TC proposal preferred the low water mark as the starting point for the calculation. The UN proposal adopts the straight base line. In addition, section 4 envisages warships passing through the territorial sea only with consent in light of Article 8(4) of the Foundation Agreement; again a part of the GC proposal.
In return, the TC proposal suggested that now was not the time to unilaterally declare a contiguous zone and an exclusive economic zone, as proposed by the GC. The UN proposal adopts the text of the TC proposal.