ANKARA - The final plan for Cyprus presented by United Nations (U.N.) Secretary General Kofi Annan to parties on March 31 was distributed to deputies from Justice and Development Party (AK Party), sources said on Tuesday.
The booklet entitled ''Cyprus Notes Towards Solution'' was distributed to AK Party deputies before the meeting of the AK Party at parliament.
Below listed changes and annexes in the plan which were mentioned in the booklet:
1- One of the ''Main Articles'' of the final Annan plan said, ''the federal government and the constituent states shall fully respect and not infringe upon the powers and functions of each other. There shall be no hierarchy between federal and constituent state laws. Any act in contravention of the Constitution shall be null and void.''
2- The plan states that the current balance between Turkey and Greece is not in the East Mediterranean but in ''Cyprus.''
3- The plan said, ''to preserve its identity, Cyprus may adopt specified non-discriminatory safeguard measures in conformity with the acquis communautaire in respect of immigration of Greek and Turkish nationals.''
4- The report says, ''in addition, for a transitional period of 19 years or until Turkey's accession to the European Union, whichever is earlier, Cyprus may limit the right of Greek nationals to reside in Cyprus if their number has reached 5 percent of the number of resident Cypriot citizens holding Greek Cypriot internal constituent state citizenship status, or the right of Turkish nationals to reside in Cyprus if their number has reached 5 percent of the number of resident Cypriot citizens holding Turkish Cypriot internal constituent state citizenship status.''
5- The report also notes, ''in addition, for a transitional period a constituent state may, pursuant to Constitutional Law, limit the establishment of residence by persons hailing from the other constituent state. To this effect, it may establish a moratorium until the end of the fifth year after entry into force of the Foundation Agreement, after which limitations are permissible if the number of residents hailing from the other constituent state has reached 6 percent of the population of a village or municipality between the 6th and 9th years and 12 percent between the 10th and 14th years and 18 percent of the population of the relevant constituent state thereafter, until the 19th year or Turkey's accession to the European Union, whichever is earlier. After the second year, no such limitations shall apply to former inhabitants over the age of 65 accompanied by a spouse or sibling, nor to former inhabitants of specified villages.''
6- The report says ''the Senate shall be composed of an equal number of Greek Cypriots and Turkish Cypriots.'' This means that 24 Turkish Cypriots and 24 Greek Cypriots will constitute the Senate.
7- The report says, ''the Presidential Council shall be elected on a single list by special majority in the Senate and approved by majority in the Chamber of Deputies for a five year term. It shall comprise six voting members, and additional non-voting members should Parliament so decide. The composition of the Presidential Council shall be proportional to the number of persons holding the internal constituent state citizenship status of each constituent state, though no less than one third of the voting members and one-third of any non-voting members of the Council must come from each constituent state. Two members of the Council, not hailing from the same constituent state, shall be elected by the Council on a single list; and they shall rotate in the exercise of the offices of the President and Vice-President of the Council every twenty calendar months. The first President of the Council in each term shall be the member hailing from the more populous constituent state. The Vice-President shall accompany the President to meetings of the European Council. All members of the Presidential Council shall be elected by Parliament for a fixed five-year term on a single list by special majority.''
8- The plan says, 'the federal institutions shall be in place upon entry into force of the Foundation Agreement, and shall evolve in their operation during transitional periods. At the federal level, the office of Head of State shall be vested in a Co-Presidency. The federal government shall be composed of a Council of Ministers of six members (three Greek Cypriots, three Turkish Cypriots). Delegates from each constituent state parliament shall sit in the transitional federal Parliament (24 Greek Cypriots, 24 Turkish Cypriots) and in the European Parliament (four Greek Cypriots, two Turkish Cypriots).''
9- The plan states, 'there shall be general elections at constituent, federal and European Union level on 13 June 2004, after which the constituent state and federal governments shall operate regularly, though the office of President and Vice-President at the federal level shall rotate every 10 months during the first term of the Presidential Council.'' Then, they shall rotate every 20 months.
10- The report says, ''Greek and Turkish contingents shall be permitted to be stationed under the Treaty of Alliance in the Greek Cypriot State and the Turkish Cypriot State respectively as follows:
a- Each contingent not to exceed 6,000 all ranks, until 2011
b- each contingent not to exceed 3,000 all ranks thereafter until 2018 or the European Union accession of Turkey, whichever is sooner; and
c- the Greek contingent not to exceed 950 all ranks and the Turkish contingent not to exceed 650 all ranks thereafter, subject to three-yearly review with the objective of total withdrawal.''
Two sides should agree on withdrawal of soldiers at the end of this review. The former plan foresaw ending presence of Turkish soldiers in the island after Turkey became a full member of the European Union.
11- The plan says 'areas subject to territorial adjustment which are legally part of the Greek Cypriot State upon entry into force of this Agreement, shall be administered during an interim period by the Turkish Cypriot State. Administration shall be transferred under the supervision of the United Nations to the Greek Cypriot State in six phases over a 42 month period, beginning 104 days after entry into force of this Agreement with the transfer of administration of largely uninhabited areas contiguous with the remainder of the Greek Cypriot State. United Nations supervision of activities related to territorial transfer shall be enhanced in the last months before handover of specified areas as outlined in the Agreement.''
12- The plan notes, ''this Agreement shall enter into force upon approval by each side at separate simultaneous referenda conducted in accordance with the Agreement and the signature by Greece, Turkey and the United Kingdom of the Treaty on matters related to the new state of affairs in Cyprus.''
13- All agreements binding United Cyprus Republic will be above federal or constituent state laws.
14- The plan says, ''all weapons, except licensed sporting guns, shall be prohibited and the supply of weapons other than in accordance with licensing law shall be an offence carrying a mandatory sentence of a minimum of three years in prison.''
15- ''9 May Day of Europe'' is added to official holidays of the United Cyprus Republic.
16- The plan says, ''each constituent state shall determine and observe its own holidays in addition to those of the United Cyprus Republic. Such holidays shall respect the spirit of the Foundation Agreement and the new relationship between Greek Cypriots and Turkish Cypriots.''
17- European Convention for the Protection of Human Rights and Fundamental Freedoms and its Additional Protocols are added to the plan.
18- The report says, ''residents of the village of Korucam shall enjoy equal treatment to long-term residents of the Turkish Cypriot State with regard to sale and purchase of properties located within the Turkish Cypriot State and the 1960 boundaries of the village of Korucam.''
19- Fisheries and agriculture are given under authority of constituent states although ''water resources'' is among duties of the federal government.
20- The plan says ''commercial relations'' cover economic investments and financial assistance in the chapter which tells that constituent states can appoint representatives to foreign countries and make separate agreements.
21- The plan notes, ''obligations of the United Cyprus Republic arising out of European Union membership shall be implemented by the federal or constituent state authority which enjoys legislative competence for the subject matter to which an obligation pertains.''
22- The plan says, ''where the acquis communautaire prescribes the creation of coordination or cooperation bodies, such bodies shall be established by Cooperation Agreements.''
23- EU's joint agreements re also included among agreements to be approved by the United Cyprus Republic.
24- The plan says, ''the Central Bank of Cyprus shall issue currency, define and implement monetary policy and regulate and supervise credit institutions. The Central Bank shall be independent from other arms of the federal government and operate in accordance with European Union requirements. The organs of the Central Bank shall be the Governor and the Deputy-Governor, the Board of Directors and the Monetary Policy Committee. The Board of Directors shall consist of five members, including the Governor and Deputy Governor, with at least two members hailing from each constituent state. One member may be a non-Cypriot.''
25- Members of the Supreme Court of Cyprus will serve for nine years. And, this final plan enables re-election of the members.
26- The plan says, ''until such time as the newly elected federal Parliament shall have elected a Presidential Council, the office of the Head of State shall be vested in the Co-Presidency. The Co-Presidents shall be the persons whose names are communicated to the Secretary-General of the United Nations no later than two days after successful referenda or, in the absence of such communication, the head of government of the relevant constituent state. The Co-Presidents shall alternate every calendar month.''
27- The plan states, ''until such time as the newly elected federal Parliament shall have elected a Presidential Council, the Council of Ministers shall act as the Government of the United Cyprus Republic. Upon entry into force of the Foundation Agreement, the members of the Council of Ministers shall be those persons whose names were communicated to the Secretary-General of the United Nations no later than two days after successful referenda.''
28- The plan says, ''the Greek Cypriot members of the Council of Ministers shall head the departments of European Affairs, Finance and Justice and Home Affairs. The Turkish Cypriot members of the Council of Ministers shall head the departments of Communications and Natural Resources, Foreign Affairs and Defense, and Trade and Economy.''
29- The plan notes, ''the transitional independent officers of the United Cyprus Republic shall serve until the Presidential Council shall have appointed the independent officers in accordance with this Constitution but no longer than 31 July 2004.''
30- The report states, ''the transitional Attorney-General of the United Cyprus Republic shall be the Attorney-General of the Turkish Cypriot State and the transitional Deputy Attorney-General of the United Cyprus Republic shall be the Deputy Attorney-General of the Greek Cypriot State. In the exercise of their functions under this Constitution, they shall act in consensus.''
31- Any person holding any public office whatsoever in any authority in Cyprus immediately prior to the coming into being of the new state of affairs is a member of the public service of the United Cyprus Republic.
32- The constituent states are authorized to sign agreements on commercial and cultural issues. Taking into consideration relations between Turkish Cypriot side and Turkey, investments and financial agreements are also added to this authority.
33- Each constituent state may apply to the Council of Ministers and the Presidential Council to object to agreements signed by the other constituent state.
34- The Federal Parliament shall, upon request of sixteen members from one of its Chambers, review any of the laws attached to the Foundation Agreement with regard to their compatibility with the Main Articles of the Foundation Agreement and this Constitution.
35- A comprehensive change was made to property regime upon demands of Turkish Cypriot side. Accordingly, the Greek Cypriots can reinstate one-third of the value and one-third of the area of their total property ownership, and to receive full and effective compensation for the remaining two-thirds. Despite opposition of the Turkish Cypriot side, the plan fully recognized the right to property of the Greek Cypriots residing in Karpaz.
36- Municipality properties are added to the list of properties which aren't considered public property.
37- The United Nations will rule territory which will not be transferred to other side without causing any problems for daily life of the local people.
38- The Cyprus Property Board will develop a comprehensive plan for housing in the island in cooperation with international agencies and constituent states. This plan will have been completed by August 31, 2004. The plan will be presented to the Presidential Council.
(BRC-AÖ) 06.04.2004