The Republic of Cyprus became independent on 16 August 1960 through the conclusion of three agreements between Cyprus, Greece, Turkey and the United Kingdom: the founding treaty1, the guarantee contract2 and the Treaty of Alliance (3). this article will not look at the turbulent history of the new Republic, whose structures were literally destroyed by an unenforceable and dysfunctional constitution a few years after its establishment, which eventually led to the Turkish invasion and the continued occupation of a third of its territory.4 This article will instead focus on recent legal developments caused by Turkey`s refusal to recognise the Republic of Cyprus, a Member State of the United Nations and, from May 2004, a member of the European Union, as part of Turkey`s desire to become an EU member state. This cooperation was concluded as part of an «association agreement» signed on 12 September 1963. An important element of the plan was the creation of a «customs union» so that Turkey could negotiate goods and agricultural products with EEC countries without restriction. 28 See art. 300 and 310 CE. Notice 1/94 of 15 November 1994, Community jurisdiction for the conclusion of international agreements on services and intellectual property protection — Article 228, paragraph 6, of the EC Treaty, ECR 1994, p. I-5267, para. 108, in the Common Legal Notice (n 13) 9, para. 21. 32 Rosas, A `The European Union and Mixed Agreements` in Dashwood, A and Hillion, C (eds) The General Law of E.C External Relations (Sweet — Max London London 2000) 211. See Commission services working paper entitled «Reservations and Objections to Joint Agreements» SEC (1998) 2249 of 23 December 1998.Google Scholar 5 Agreement creating an association between the European Economic Community and Turkey, signed on 12 September 1963 in Ankara, .
The conditions for the implementation of the provisions of this agreement in other areas in these areas will be set at a later date, by mutual agreement between the parties. Our last objective is to sign a free trade agreement between the United Kingdom and our country. 2. This stage does not last more than twelve years, subject to exceptions that can be taken by mutual agreement. Exceptions must not impede the final creation of the customs union within a reasonable period of time. The Community, on the one hand, and the Turkish Parliament and the relevant institutions in Turkey, on the other. 3. Each contracting party is required to take the necessary steps to comply with these decisions. In order to achieve the objectives of Article 4, the Association Council, in accordance with the procedure set out in Article 1 of the Provisional Protocol, establishes, before the start of the transition period, the conditions, rules and timetables for the implementation of the provisions relating to the areas covered by the Treaty on the Community to be taken into account; this applies in particular to the areas covered in this title and to any safeguard clause that may be appropriate. The contracting parties agree that the principles set out in the competition, taxation and reconciliation provisions of the part III legislation of the Community Treaty must be made applicable in their relations within the association. 51 art.
5 and 48 CE. See also Dashwood, A `The Attribution of External Relations Competence` in Dashwood, A and Hillion, C (eds) The General Law of E.C. External Relations (Sweet — Maxwell London 2000) 116.Google Scholar Protocols attached to this agreement by the parties are an integral part of this agreement.