TURKISH CYPRIOT COMMUNITY NEEDS TO DEVELOP A PROGRAM TO PREPARE FOR THE ADAPTION OF THE ACQUIS COMMUNAUTAIRE
A short while ago, a statement by Prime Minister Ferdi Sabit Soyer was comprehended as though “12 chapters will be negotiated between EU and TRNC”. The statement was perceived as though “European Union is opening 12 chapters of the Acquis Communautaire for negotiations with TRNC and thus the recognition of the TRNC is not far away”. This was in public agenda for a long period of time.
The negotiations of the 12 chapters cannot be at the same status of countries whose candidateship had been approved. EU has already made clear more than once that, “TRNC” was not a collocutor. North Cyprus is referred to by the EU as;” those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control.” The sole aim of the work being done in this respect with the Turkish Cypriot community is for "Preparation of legal texts aligned with the Acquis communautaire for the purpose of these being immediately applicable upon the entry into force of a comprehensive settlement of the Cyprus problem.
We, the Cyprus EU Association feel that it is a necessity to share the developments in this subject matter with our community.
“The application of the Acquis shall be suspended in those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control.” pursuant to Protocol 10 of the Accession Treaty of 16 April 2003, of 10 new countries. This Treaty which enabled accession of Republic of Cyprus to the EU was signed by Turkey too. In the event of a solution, the withdrawal of the suspension was also acknowledged in Protocol 10.
Council of the European Union, 2 days after the referendums held on 24th April 2004, which did not bring about a settlement, decided that the “259 million Euros earmarked for the Turkish Cypriot community in the event of a settlement, should be used to facilitate the reunification of Cyprus by encouraging the economic development of the Turkish Cypriot community, with particular emphasis on the economic integration of the island and on improving contact between the two communities and with the EU” which has been reiterated so many times.
Following several consultations in line with these principles EU set 5 main objectives; Objective 1: Developing and restructuring of infrastructure, Objective 2: Promoting social and economic development, Objective 3: Fostering reconciliation, confidence building measures, and support to civil society, Objective 4: Bringing the Turkish Cypriot community closer to the European Union, Objective 5: Preparing the Turkish Cypriot community to introduce and implement the Acquis Communautaire (TAIEX).
Objective 5 is about preparing the Turkish Cypriot community to introduce and implement the Acquis which will be implemented by the TAIEX (Technical Assistance Information Exchange Instrument). TAIEX provides short-term technical assistance and advice in the field of approximation, application and enforcement of the Acquis Communautaire. The service operates by means of providing thorough information on legislative topics, delivering expertise on draft legislation or enabling experts to share best practices. The goal set by the Commission to TAIEX is “to provide assistance in the preparation of legal texts aligned with the Acquis Communautaire for the purpose of these being immediately applicable upon the entry into force of a comprehensive settlement of the Cyprus problem; and to prepare for the implementation of the Acquis Communautaire in view of the withdrawal of its suspension in accordance with Protocol No 10 to the Act of Accession.”
In principle, the TAIEX instrument is largely a demand driven programme based on requests from beneficiaries. In documents (Summary Project Fiche – 2006) of the Commission on the work of the TAIEX since 2004, it was noted that: while the Turkish Cypriot community will be able to benefit from assistance given, however currently administrative capacity is low throughout the community, knowledge of the Acquis is very limited, therefore absorption capacity is similarly limited.
According to the official communiqué by the EU Commission upon the news that “12 chapters to be negotiated with “TRNC”, it is stated that it is proposed by the EU that the Turkish Cypriot community develop a program to prepare for the adoption of the Acquis (PFAA), to meet the obligations once the suspension of the Acquis is lifted upon reunification; the Turkish Cypriot community should be prepared and be ready to apply the Acquis.
Extensive preliminary work is required to develop policies, legal frame and the implementation of the Acquis. This will exert great pressure on the absorption capacity of the Turkish Cypriot community thus, a strategic approach is needed. Consequently it was decided to concentrate on the following Chapters:
Free movement of Capital; Public Procurement; Company Law; Competition Policy; Financial Services; Agriculture and Rural Development; Food Safety; Veterinary and Phytosanitary Policy; Transport Policy; Statistics; Social Policy and Employment; Environment; Consumer and Health Protection. In addition to these 12 chapters, 14 other Acquis chapters are eligible for consideration within this program.
Cyprus EU Association welcomes the call by the EU to the Turkish Cypriot community administration to continue harmonisation with EU Acquis and to prepare a program for this purpose. It is our desire that a sincere cooperation with the TAİEX instrument is shown and the Turkish Cypriot legislations covered by the aforesaid 12 + 14 chapters are harmonised with the Acquis Communautaire; and the programmes and the progress achieved so far are shared with the community.
We shall pursue the progress on this issue. We believe that should the necessary emphasis is shown, Turkish Cypriot community will be closer to the EU and the social, economic and legal differences between the north Cyprus, south Cyprus and EU seen as stumbling blocks for a political settlement will be eliminated. Such an exercise will hasten an early settlement in Cyprus.
Ali Erel
President