REPUBLIC OF TURKEY
MINISTRY OF FOREIGN AFFAIRS
CIRCULAR NOTE
The Ministry of Foreign Affairs presents its compliments to the Embassies of the Member States of the European Union and has the honour to bring to their attention the following.
As is known, on 3 July 1990 the Greek Cypriot Administration of Southern Cyprus has lodged an application to become a full member of the then European Community, now European Union. On March 6, 1995 the EU Council of Ministers has accepted the Greek Cypriot application and decided to start adhesion negotiations six months after the conclusion of the EU Intergovernmental Conference.
From its inception Turkey and the Turkish Cypriot side have objected to this process on the ground that the Greek Cypriot Administration had no legitimate authority to make such an application on behalf of the whole of Cyprus and that in accordance with the 1959 London and Zurich Agreements and the Treaty of Guarantee of 1960, Cyprus could not apply to join or having applied, to join the EU whilst Turkey is not a member.
To further clarify this matter the Turkish government has obtained legal opinion from a leading international lawyer, Prof.Maurice Mendelson Q.C. from Great Britain, whose text is enclosed herewith. In his legal opinion, Prof.Mendelson confirms the reservations expressed by the Government of Turkey and concludes that the Greek Cypriot Administration cannot become a member of the EU before Turkey and cannot even apply to it for membership.
The Ministry of Foreign Affairs would like to draw the attention of the honorable member states of the EU that the opening of accession negotiations between the EU and the Greek Cypriot Administration, as set forth in the Resolution of 6 March 1995 of the EU Council of Ministers, will be a step in changing the parameters already agreed upon by both sides in Cyprus for a comprehensive settlement and as underlined in the Joint Declaration adopted between Turkey and the Turkish Republic of northern Cyprus on January 20, 1997, would force Turkey and the Turkish Cypriot side to revise their approach towards the UN negotiating process.
At a time when the European Union successfully concluded the Intergovernmental Conference, the Ministry of Foreign Affairs would like to call on the Member States of the European Union to give due consideration to the legal opinion prepared by Prof.Mendelson and invite them to reconsider the provisions of their resolutions of 6 March 1995 and 12 June 1995 regarding the Greek Cypriot application.
The Ministry of Foreign Affairs avails itself of this opportunity to renew to the Embassies of the Member States of the European Union the assurances of its highest consideration.
Ankara, June 30, 1997