Opinion of Advocate General Gulmann delivered on 20 April 1994

1 Original language: Danish.

2 See Regulation (EEC) No 1246/73 of the Council on the conclusion of an Agreement establishing an Association between the European Economic Community and the Republic of Cyprus, to which the text of the Agreement is annexed, OJ 1973 L 133, p. 1).

3 The Association Agreement provides for progressively closer cooperation between the Community and Cyprus. In the first stage, which was originally to terminate in June 1977 but was extended to the end of 1987, a mutual reduction of duties on industrial and agricultural products was to be implemented. An Additional Protocol to the Association Agreement, which entered into force on 1 January 1988, governs the second stage and aims to create a customs union between the Community and Cyprus. The second stage is divided into two phases: the first phase, from 1988 to 1997, involves, inter alia, the further reduction of duties and the abolition of quantitative restrictions.

4 The Protocol was approved by the Community by Council Regulauon (EEC) No 2907/77 on the conclusion of the Additional Protocol to the Agreement establishing an association between the European Economic Community and the Republic of Cyprus (OJ 1977 L 339, p. 1). The Protocol, which is a revised version of the original 1972 Protocol, is an addition to the Association Agreement of 1972.

5 OJ 1977 L 26, p. 20. The directive has been amended several times. Amongst the most significant amendments with regard to the present case are those adopted in Directives 80/392 (OJ 1980 L 100, p. 32) and 85/574 (OJ 1985 L 372, p. 25).

6 Under the main rule in the provision phytosanitary certificates are to be issued by the authorities empowered for this purpose under the International Plant Protection Convention. That part of the provision does not apply to Cyprus, which is not a party to the Plant Protection Convention.

7 In the Commission's opinion on the application by the Republic of Cyprus for membership, Bulletin of the European Communities Supplement 5/93, p. 7, it is stated: The existence of the Greelc and Turkish communities side by side, but differing in language, culture, religion and national traditions, conferred on the young republic a turbulent history, uttered with crises and outbreaks of intercommunal violence, culminating in 1974 in a coup inspired by the supporters of integration with Greece. This resulted in a military intervention by Turkey. The outcome of the crisis of August 1974 and the occupation of part of the territory of Cyprus by the Turkish army was the de facto partition or the island, which ted to large-scale population movements across the cease-6re line and, more especially, from the northern to the southern part of the islancf... In 1992 it seemed at first that the intercommunal negotiations arranged through the good offices of the United Nations Secretary-General might provide the means of gradually hammering out a solution based on a two-community and two-zone federation. The principles of this solution were approved unanimously by the Security Council in April 1992 (Resolution 774/92). The intercommunal discussions that took place in October and November 1992 revealed, however, that a great many points of disagreement remained, including on general principles and institutional aspects of the future federation. The discussions were resumed in the spring of 1993 and although it is hoped that they may lead to a final agreement, the possibility of continuing disagreements can stillnot be ruled out.

8 According to the Commission's opinion on the application by the Republic of Cyprus for membership, p. 11, there is also a Turkish military force some 30000 strong and between 45000 and 50000 Turkish settlers on that part of the island.

9 Security Council Resolutions 353/1974, 354/1974, 355/1974, 357/1974, 358/11974, 360/1974 and 365/1974 and General Assembly Resolution 3212/XXIX.

10 France, the United Kingdom and the Netherlands, which at the material time was also a member of the Security Council, all voted for Resolutions 541 and 550.

11 [1991] ECR I-2917.

12 Besides the United Kingdom the following Member States were mentioned: Belgium, France, Germany, Ireland, Italy and the Netherlands.

13 In the Commission's opinion on the application by the Republic of Cyprus for membership, it is stated on p. 7 that With very rare exceptions neither people nor goods nor services can cross the dividing line (ceasefire line).

14 See the judgments in Case 12/86 Demirel [1987] ECR 3719, at paragraph 24, and Case 104/81 Kupferberg [1982] ECR 3641, especially paragraphs 22 and 23.

15 See the judgments in Case 218/73 Les Rapides Savoyards [1984] ECR 3105 and Case C-12/92 Huygen [1993] ECR I-6381.

16 Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) notwithstanding Security Council Resolution 276 (1970), Advisory Opinion, ICJ Reports 1971.

17 [1984] ECR 3105.

18 The Internationa! Court of Justice held in this connection: As to the general consequences resulting from the illegal presence of South Africa in Namibia, all States should bear in mind that the injured entity is a people which must look to the international community for assistance in its progress towards the goals for which the sacred trust was instituted. (Paragraph 127).

19 Case C-50/90 [1991] ECR 2917.

20 See Directive 93/19/EEC OJ 1993 L 96, p. 33.