ANKARA - Membership of ''Republic of Cyprus'' to the European Union (EU) means violation of the 1960 Guarantee Treaty.
The Opinion of British Professor of International Law M.H. Mendelson on the Application of ''the Republic of Cyprus'' to Join the European Union which was written on September 12, 2001 was published by the Union of Chambers and Commodity Exchanges of Turkey (TOBB).
The study was handed out during the visit of TOBB administration to TRNC last weekend. TOBB Chairman Rifat Hisarcýklýoglu had noted that EU membership of Cyprus would be a violation of international law. ''If 1960 is valid, the state which is accepted as Cyprus can only join an organization which includes Britain, Greece and Turkey. EU commits a crime in respect of international law,'' Hisarcýklýoglu had stated.
In his opinion, Prof. Mendelson elucidates the fact that the Greek Cypriot administration of Southern Cyprus can not become a member of the EU before Turkey and can not even apply to it for membership. He emphasizes that the United Kingdom and Greece, which both have Guarantor status, also have a responsibility to prevent such an application.
In his study, Prof. Mendelson says that ''by Article I(2) of the Treaty of Guarantee, the Republic of Cyprus undertook 'not to participate, in whole or in part, in any political or economic union with any State whatsoever'. Membership of the EU would constitute participation in whole or in part in an economic union, and at least in part in a political union. The conclusion must be, therefore, that this would be contrary to the Treaty of Guarantee. To try and escape this conclusion by arguing that the Treaty prohibits only union with a State, not States in the plural, would not only do violence to the ordinary meaning of the words, their context and their object and purpose; it would also run counter to the express intentions of the Governments who drafted this provision. For, as has been shown, they considered membership of international economic and political organizations specifically in the context of these clauses in the Treaty. By definition, such organizations would comprise other State, in the plural. The drafters were only prepared to relax this ban if the organization was one in which both Greece and Turkey both participated; but such is not the case with the EU. Furthermore, Article I(2) goes on to prohibit, not just participation (in whole or in part) in an economic or political union, but even 'all activity likely to promote, directly or indirectly... union with any other State...' It cannot be gainsaid that membership of Cyprus in the EU is likely to promote, directly or indirectly, union with other States, and most particularly with Greece.''
The opinion says the first article of the treaty of guarantee includes the sentence that political and economic unity cannot be made with international institutions as well, while this limitation is not valid for the institutions of which Turkey and Greece are members together.
EU membership is not possible even within the scope of the exception that 'Republic of Cyprus can be member of an institution, if Greek Cypriot and Turkish Cypriot societies approve and even though Turkey and Greece are not members,' because this representation mechanism is not functioning. Thus, accession of Cyprus to EU will be against international laws.
Prof. Mendelson said in accordance with the second article of the Treaty of Guarantee of 1960 that Greece and Britain were legally obliged to use their veto right to prevent accession of Cyprus to EU until each three guarantor country approves. He said that the treaty was still in force and EU membership of Cyprus meant violation of the treaty.
(GC-ÖÞ) 07.10.2003