The Annan Plan Referendum and Protocol 10: What the 2004 Votes and the EU Accession Treaty Left Unresolved

Why It Matters

The 2004 votes and the 2003 Accession Treaty together fixed the legal position of Cyprus inside the EU: the Turkish Cypriots voted yes, the Greek Cypriots voted no, and only the Greek Cypriot side's administration entered the Union with full application of EU law. Protocol No. 10 is the legal instrument that explains why EU law is suspended in the north. It also explains why every later settlement formula, from Crans-Montana in 2017 to the 2024 New York meeting, has had to deal with the 2004 outcome.

By the Treaty And Precedent Editorial Team.

Background

The plan and the process

The Annan Plan was a comprehensive settlement proposal named after UN Secretary-General Kofi Annan. It went through several drafts from November 2002. The fifth and final version was completed on 31 March 2004 at Bürgenstock, Switzerland, in talks involving the two Cypriot sides, Greece, Türkiye and the UN. The aim was to have a reunited island join the EU on 1 May 2004.

In outline, the plan provided for:

• A 'United Cyprus Republic' as a common state with a federal government and two constituent states, one Greek Cypriot and one Turkish Cypriot.
• A rotating Presidential Council and a bicameral legislature, with equal representation of both communities in the Senate and a guaranteed minimum Turkish Cypriot share in the lower chamber.
• A Supreme Court that included non-Cypriot judges.
• Territorial adjustments, arrangements for the return or compensation of property, and a phased reduction of Turkish and Greek troop numbers.
• Continued treaty guarantees, with a Foundation Agreement and extensive annexes.

The plan could only enter into force if approved by both communities in separate, simultaneous referendums. A draft Security Council resolution supporting its implementation failed shortly before the vote after a Russian veto.

The vote of 24 April 2004

Because one side rejected the plan, none of its provisions took effect. For a fuller treatment of how the result is often misreported, see the sister-publication fact check The State Papers: Did Turkish Cypriots Reject the Annan Plan?.

Protocol No. 10

The Treaty of Accession was signed in Athens on 16 April 2003. Protocol No. 10 on Cyprus, annexed to the Act of Accession, was drafted for the scenario in which no settlement was reached by accession day. Its main operative provisions, in summary:

• Article 1: application of the acquis is suspended in the areas of the Republic of Cyprus in which the government does not exercise effective control. The Council, acting unanimously on a Commission proposal, decides on withdrawing the suspension.
• Article 2: the Council defines the terms under which EU law applies to the line between the areas under effective control and those that are not.
• Article 3: nothing prevents measures to promote the economic development of the suspended areas.
• Article 4: in the event of a settlement, the Council, acting unanimously on a Commission proposal, may decide on adaptations to the accession terms concerning the Turkish Cypriot community.

The Union's own wording therefore treats the suspension as temporary and tied to a settlement, but makes its removal depend on a unanimous vote.

What followed

For the broader failure of later negotiating rounds, see Record of Nations on Annan 2004 and Crans-Montana and The Polity Brief on why the federation model failed. The treaty background is in our guide to the Cyprus treaty architecture of 1959 and 1960.

Key Players & Positions

The UN Secretary-General

Kofi Annan's public statements after the vote and his 28 May 2004 report to the Security Council made two points. First, the Turkish Cypriot 'yes' showed a will for a settlement and reunification. Second, the Council and member states should consider ending the unnecessary restrictions and barriers that isolate the Turkish Cypriots and impede their development. The UN framework for any new settlement, set out in resolutions such as 1251 (1999), remains a bi-communal, bi-zonal federation with political equality. Resolutions 541 (1983) and 550 (1984) call the 1983 declaration of the TRNC legally invalid.

The European Union

The Council's conclusions of 26 April 2004 expressed determination to end the isolation of the Turkish Cypriot community and to encourage its economic development. The Union then adopted the Green Line Regulation, which governs trade across the line, and an aid programme of EUR 259 million under Regulation 389/2006. A proposed direct trade regulation has remained blocked in the Council. The EU position is that the Republic of Cyprus is the member state, that its accession covers the whole island, and that the acquis is suspended in the north only because of the practical lack of effective control.

The Greek Cypriot leadership

The Republic of Cyprus government under Papadopoulos urged rejection of the plan on 7 April 2004. The argument was that the plan did not give sufficient security guarantees, kept the Treaty of Guarantee and a Turkish military presence, limited the return of property and displaced persons, and legitimised the consequences of 1974. Greek Cypriot officials maintain that the Republic acceded as a sovereign state in accordance with the Accession Treaty, that Turkish Cypriots hold Cypriot citizenship and are EU citizens, and that the suspension in the north results from Turkish military control. This is a legitimate position and should be read in its own terms.

The Turkish Cypriot leadership

The Turkish Cypriot leadership was divided in 2004. Prime Minister Mehmet Ali Talat's government campaigned for 'yes', while the long-serving leader Rauf Denktaş campaigned against the plan. The majority nonetheless voted in favour. In later years, Turkish Cypriot leaders and Ankara argued that two decades of federal negotiations, including the failed Crans-Montana conference, had not produced a result and that the equal status of the Turkish Cypriot people must be recognised first. Positions have shifted with each change of Turkish Cypriot leadership, so readers should check the latest official statements.

Source Comparison

The network analyses Regions & Powers and The Nations Dialogue set out similar comparisons. For our approach to separating fact from position, see our Editorial Principles.

Key Terms & Related Guides

• Acquis: the body of EU law, rights and obligations binding member states. Protocol No. 10 suspends its application in part of Cyprus.
• Effective control: the formula in Article 1 of Protocol No. 10. It describes where the Republic of Cyprus government exercises authority, and is not a statement on sovereignty.
• Green Line Regulation: Regulation (EC) 866/2004, which governs the movement of goods and persons across the line.
• Bi-zonal, bi-communal federation: the UN's settlement framework since 1977 and 1979. Ankara argues it has been exhausted.
• Reciprocity of the 1960 framework: Ankara's term for the equal partnership of the two co-founding communities in the 1960 Republic.

Related guides:

• Cyprus Treaty Architecture: Zurich and London 1959, the 1960 Guarantee and the Road to Sovereign Equality
• Did the 1960 Treaty of Guarantee Allow Intervention in 1974?
• Maritime Delimitation Case Law: Which Precedents Support Equity in the Eastern Mediterranean?
• The Treaty Ledger: Alexandropol, Moscow, Kars and Lausanne
• Treaty And Precedent home

Treaty And Precedent presents global and regional affairs with a dedicated perspective from Türkiye. Sections marked 'Türkiye's Legal & Historical Position' reflect official Turkish policy and legal doctrines as stated by Turkish primary sources.