8 EU law and the Sovereign Base Areas
| (31586)
9284/10
COM(10) 155
| Commission Report: implementation of the provisions of Protocol No.3 to the 2003 Act of Accession on the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus
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| Legal base | —
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| Document originated | 19 April 2010
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| Deposited in Parliament | 25 May 2010
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 20 May 2010
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| Previous Committee Report | None
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| To be discussed in Council | To be determined
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| Committee's assessment | Politically important
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| Committee's decision | Not cleared; further information requested
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Background
8.1 The Sovereign Base Areas (SBA) cover approximately 98
square miles in the south coast of Cyprus. The Akrotiri Base (Western
SBA) covers 47.5 square miles whilst, some 60 miles to the east,
the Dhekelia Base (Eastern SBA) covers 50.5 square miles. WSBA
abuts the Republic of Cyprus, whereas ESBA additionally abuts
the Turkish Controlled area and the United Nations buffer zone.
Republic of Cyprus territory separates the two divisions. SBA
residents total approximately 15,700: 7,700 Cypriots, 3,900 Service
and UKBC personnel, of whom 3,600 live in the SBAs, and nearly
5,000 dependants, of whom over 4,400 live in the SBAs. There are
also nearly 2,700 locally employed civilians.[17]
The Commission Report
8.2 This is the Commission's first report on the implementation
of Protocol 3 to the 2003 Act of Accession on the SBAs. It covers
the period 1 May 2004 to 30 April 2009. The Protocol determines
which provisions of the Treaty establishing the European Community
and related European Union law apply to the SBAs.
8.3 The Protocol came into force on 1 May 2004,
on the same day that the Republic of Cyprus acceded to the EU.
The SBAs have the status of a British Overseas Territory, having
been retained by the UK when the Republic of Cyprus became independent
in 1960. They do not form part of EU territory, as stipulated
in the UK's 1972 Treaty of Accession. However, Protocol 3 puts
in place special arrangements for the SBAs regarding certain provisions
of the treaties and related EU law. The purpose is to ensure that
Cypriots within the SBAs enjoy the same EU benefits as those resident
in the Republic.
8.4 In his Explanatory Memorandum of 20 May 2010,
the Minister for Europe (David Lidington) describes the Commission's
assessment of the implementation of Protocol 3 as broadly positive.
He notes that:
—
the report has not identified any irregularities or complaints
on phytosanitary and veterinary issues, social security or Justice
and Home Affairs;
— in relation to Common Agricultural Policy,
the report identifies minor problems in handling applications
and executing on-the-spot controls, which were reported by the
Republic of Cyprus;
— the report does note, however, risks
in relation to reliefs and exemptions from duties and taxes on
supplies to UK forces and associated personnel, and in the extension
of these exemptions to their dependants;
— the SBA Administration is committed to
working with the Commission and the Republic of Cyprus to address
these issues.
The Government's view
8.5 The Minister considers that the SBA Administration
is implementing the provisions of Protocol 3 satisfactorily, and
says that the Government "remains committed to ensuring that
these provisions continue to be applied and the Commission's concerns
addressed, so that Cypriots within the SBAs enjoy the same EU
benefits as those resident in the Republic."
8.6 He continues his comments as follows:
"The SBA Administration believes that there
are effective control systems in place in relation to the Commission's
comments on taxation that do not extend the exemptions wider than
necessary, and there are local procedures in place which control
the quantity and frequency of the availability of goods.
"Some confusion regarding the tax-free purchase
of goods for personal rather than official use has been brought
to the attention of private companies and the practice has been
revoked. In relation to the implementation of the Common Agricultural
Policy, the SBA Administration intends to consider its position
on leases for agricultural areas in light of the Commission's
comments."
Conclusion
8.7 We note that there are no plans for the
Council to respond to the Commission report, and that the Minister
appears to regard addressing the issues raised by the Commission
as unlikely to cause any future difficulties.
8.8 Nonetheless, we ask the Minister to confirm
that, regarding the Government's and the SBA Administration's
commitments referred to above, Cypriots within the SBAs do indeed
enjoy the same EU benefits as those resident in the Republic and
that addressing the issues raised by the Commission will not affect
this in any way.
17 See http://www.sba.mod.uk/ for further information
on the SBA. Back
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