Desiring to make provisions to give effect to the Declaration made by the Government of the United Kingdom on the 17th of February, 1959, during the Conference at London, in accordance with the subsequent Declarations made at the Conference by the Foreign Ministers of Greece and Turkey, by the Representative of the Greek Cypriot Community and by the Representative of the Turkish Cypriot Community;
Taking note of the terms of the Treaty of Guarantee signed to-day by the Parties to this Treaty;
Have agreed as follows:—
(2) The Republic of Cyprus shall co-operate fully with the United Kingdom
to ensure the security and effective operation of the military bases situated
in the Akrotiri Sovereign Base Area and the Dhekelia Sovereign Base Area,
and the full enjoyment by the United Kingdom of the rights conferred by
this Treaty.
(2) The international rights and benefits heretofore enjoyed by the
Government of the United Kingdom in virtue of their application to the
territory of the Republic of Cyprus shall henceforth be enjoyed by the
Government of the Republic of Cyprus.
This Treaty shall enter into force on signature by all the Parties to
it.
Small-scale illustrative maps, however, corresponding to Maps A and
B', referred to in Section I of this Annex, are contained in Appendix V
to this Paper as maps numbers 1 and 2.)
2. - a) The land boundaries of the Akrotiri Sovereign Base Area shall be
as defined in the maps, air photographs and description contained in
Schedule A to this Annex.
(b) The land boundaries of the Dhekelia Sovereign Base Area shall be as defined in the maps, air photographs and description contained in Schedule B to this Annex.
3. The maps, air photographs and descriptions in Schedules A and B to
this Annex shall be interpreted in accordance with the Introductory Notes
to those Schedules.
2. The Commission shall be appointed and begin its work immediately upon the entry into force of this Treaty, and shall complete it as soon as possible and in any case within a period of nine months.
3. Subject to paragraph 5 of this Section, the Commission shall adhere strictly to the boundaries provided for in Section 1 of this Annex.
4. Any question as to the correct technical interpretation of the maps, air photographs or descriptions upon which the Commission may be unable to agree may be referred by either the United Kingdom or the Republic of Cyprus for decision to an independent expert to be selected by agreement between the United Kingdom and the Republic of Cyprus. His decision shall be final and binding.
5. The Commission may, if the Commissioners of the United Kingdom and
of the Republic of Cyprus agree, make minor deviations from the boundaries
provided for in Section 1 of this Annex in order to take account of local
administrative conditions and may mark the boundaries accordingly. If the
Commissioners are unable to agree, the boundaries provided for in Section
1 of this Annex shall be marked as the boundaries.
2. The lines for the purposes of paragraph 1 of this Section shall be as follows:—
Line II: From the position on the low-water line Iying in a 1081/2• direction from Point No. 59A/5, as defined in Schedule A to this Annex, in a 1081/2• direction for 7 8 miles; and then in a 136• direction.
Line III: From the position on the low-water line Iying in a 170• direction from Point No. 41B/ 10, as defined in Schedule B to this Annex, in a 170• direction for 3 8 miles; then in a 136• direction for 3 1 miles; and then in a 156• direction.
LineIV: From the position on the low-water line Iying in a 103• direction from Point No. 42B/3, as defined in Schedule B to this Annex, in a 103• direction for O9 miles; then in a 150• direction for 6 3 miles; and then in a 176• direction.
2. For the purposes of this Section, " United Kingdom authorities ",
" authorised service organisations ", " United Kingdom personnel ", "dependents
" and " contractors " have the same meanings as these expressions have
for the purposes of Annex B to this Treaty.
(b) " Authorised service organisation " mean" any one of the organisations listed in the Schedule to this Part of this Annex or a person acting on its behalf;
(c) "United Kingdom authorities " means the United Kingdom Government Departments or other governmental authorities or organisations of the United Kingdom or any one of them or any person acting on behalf of any of them;
(d) (a) " United Kingdom personnel " means—
(ii) persons in the service of or engaged in duties on behalf of any United Kingdom authority duly authorised and identified as such by a United Kingdom authority,
(iii) authorised service organisations of the United Kingdom and persons employed by them;
(e) " United Kingdom property" means property owned by or in the occupation, possession or control of any United Kingdom authority or authorised service organisation;
(f) " Sites " means sites which the Government of the United Kingdom is entitled to use pursuant to Section 1 of Part II of this Annex;
(g) " Installation " includes any building or structure, whether permanent or temporary, and includes any installation whether on land or in the sea;
(h) " Territory " includes the territorial sea adjacent to a territory, and reference to any territory shall be construed accordingly;
(i) the wife or husband of that person,
(ii) any other person wholly or mainly maintained by or in the custody or charge of that person, and
(iii) any other person (not being a national of nor ordinarily resident in the Republic of Cyprus) who is in domestic employment in the household of that person;
(k) "Contractors " means undertakings and persons, and persons employed by undertakings and persons, who execute work or perform services in the Island of Cyprus for United Kingdom authorities under contracts made with those authorities; provided that, except in relation to " United Kingdom property " and for the purposes of Section 7 of Part II of this Annex, this definition shall not apply to undertakings whose ordinary place of business is in, or to persons who ordinarily reside in, or are nationals of, the Republic of Cyprus;
(l) "Sutlers " means persons, not being nationals of the Republic of Cyprus nor ordinarily resident therein, who are licensed by the United Kingdom authorities to accompany their land, sea and air armed services in the Island of Cyprus in order to perform services for members of those services.
Navy, Army and Air Force Institutes (NAAFI)
Army Kinema Corporation (A.K.C.)
Royal Air Force Cinema Corporation (R.A.F.C.C.)
Malcolm Clubs
Services Central Book Depot
British Red Cross Society which includes—
The Order of the Knights of St. John and
The St. Andrew's Ambulance Association
Soldiers', Sailors' and Airmen's Families Association (S.S.A.F.A.)
Council for Voluntary Welfare Work (C.V.W.W.) and its constituent Members—
(a) Young Men's Christian Association (Y.M.C.A.)
(b) Young Women's Christian Association (Y.W.C.A.)
(c) Catholic Women's League Services Club Committee
(d) Salvation Army
(e) Church Army
(f) Church of Scotland Committee on Hut and Canteen Work for Her Majesty's Forces
(g) Methodist and United Board Churches
(h) Toc H
(i) Church of England Soldiers', Sailors' and Airmen's Clubs
(j) Mission to Mediterranean Garrisons
(k) Hibbert Houses
(l) The Lady Lampson Club.
Women's Voluntary Service for Civil Defence (W.V.S.)
Soldiers' and Airmen's Scripture Readers Association
Forces Help Society and Lord Roberts Workshops
The Royal Naval Film Corporation
Royal Naval Lay Readers' Society
British Sailors' Society
Missions to Seamen
2. The Government of the United Kingdom shall have the right to continue to use, without restriction or interference, the Sites in the territory of the Republic of Cyprus listed in Schedule B to this Part of this Annex, but shall terminate the use of those Sites as soon as practicable.
3. The Government of the United Kingdom shall have the right to obtain, after consultation with the Government of the Republic of Cyprus, the use of such additional small Sites as the United Kingdom may, from time to time, consider technically necessary for the efficient use of its base areas and installations in the Island of Cyprus.
4. The enumeration in this Treaty of specific rights to be exercised
within the Sites shall not be interpreted as prejudicing the general right
of use and control to be enjoyed by the Government of the United Kingdom
pursuant to paragraphs l, 2 and 3 of this Section.
2. The United Kingdom authorities shall have the right to guard and defend the Sites and to exclude from them all persons not authorised by those authorities to enter or be present within the Sites. Officials of the Republic of Cyprus in pursuance of their official duties, or private individuals having good reason, may enter the Sites with the consent of the competent United Kingdom authorities, such consent not to be unreasonably withheld.
3. Regularly constituted units or formations of the armed services of the United Kingdom shall have the sole right to police the Sites, including the right to arrest therein any person suspected of having committed an offence. Any such arrests (other than of persons over whom the United Kingdom has the right to exercise exclusive jurisdiction or the primary right to exercise jurisdiction or of whom the United Kingdom has the right to take custody under the provisions of Section 8 of Annex C to this Treaty) shall be immediately notified to the authorities of the Republic of Cyprus and such persons (other than as aforesaid) shall be handed over forthwith to those authorities to be dealt with by the normal processes of law. The United Kingdom authorities may call on the authorities of the Republic of Cyprus to assist them from time to time with the maintenance of order.
4. - a) The United Kingdom authorities may take such measures within
the Sites as they deem necessary to ensure the security of the Sites and
of persons and property in them.
(b) The authorities of the Republic of Cyprus shall, in consultation with the United Kingdom authorities, take such measures outside the Sites as are necessary to ensure the security of the Sites and of persons and property in them; provided that in the event of an immediate threat to that security, the United Kingdom authorities may take precautionary measures outside, but in the immediate and actual vicinity of, the Sites until the authorities of the Republic of Cyprus are able to ensure that security.
5. - a) The United Kingdom authorities may take such steps as are reasonable in the circumstances to prevent injury or damage to, or interference with, United Kingdom personnel, their dependents and United Kingdom property, and to ensure the security of United Kingdom official information.
(b) In this paragraph, " United Kingdom property" shall also include
property owned by or in the occupation, possession or control of any contractor,
being property required for the purposes of a contract with the United
Kingdom authorities.
2. In cases where the United Kingdom authorities have reason to suspect the existence in or near the villages of Pergamos or Akhyritou of apparatus likely to cause interference with nearby installations in the Dhekelia Sovereign Base Area, the authorities of the Republic of Cyprus, at the request of the United Kingdom authorities and in co-operation with those authorities, shall search those villages or their neighbourhood for such apparatus and, when any such apparatus is found, fit such suppressors as may be required to eliminate the interference or take away such apparatus for the purpose of fitting suppressors and return it as soon as possible thereafter. The United Kingdom authorities shall be solely responsible for the fitting of such suppressors.
3. In so far as taking into custody proves absolutely necessary, police
and members of the armed services of the United Kingdom may take into custody
persons who in their presence obstruct or attempt to obstruct the use or
exercise of the facilities and rights accorded to the United Kingdom by
this Treaty, or who damage or remove or attempt to damage or remove United
Kingdom property. The question of jurisdiction in such cases shall be decided
in accordance with the provisions of Section 8 of Annex C to this Treaty.
Persons so taken into custody, if not subject to the jurisdiction of the
United Kingdom service Courts, shall be handed over forthwith to the appropriate
authorities of the Republic of Cyprus to be dealt with by the normal processes
of law.
(b) Except in so far as sub-paragraph (a) otherwise provides, the United Kingdom authorities, authorised service organisations, United Kingdom personnel (not in formed bodies), contractors, cutlers, and the dependents of any of them, shall be given freedom of movement into, out of, and, to the extent permitted by law of the Republic of Cyprus to its citizens, within the territory of the Republic of Cyprus.
2. The United Kingdom authorities shall have the right for United Kingdom military aircraft to fly in the airspace over the territory of the Republic of Cyprus without restriction other than to have due regard for the safety of other aircraft and the safety of life and property in the Republic of Cyprus.
3. The United Kingdom authorities shall have the right, after consultation with the authorities of the Republic of Cyprus, to install, maintain or dismantle in the territory of the Republic of Cyprus such lights and other aids to navigation as the United Kingdom authorities may deem necessary to ensure the proper operation and safety of United Kingdom vessels and military aircraft.
4.-a) If an aircraft, vessel or vehicle which is or has a load or cargo which is United Kingdom property or consigned to United Kingdom authorities or authorised service organisations, is held up or damaged in the territory of the Republic of Cyprus. the United Kingdom authorities and authorised service organisations and persons acting on their behalf, shall have the right to gain access to that aircraft, vessel or vehicle, or to that load or cargo, as the case may be. If such aircraft, vessel or vehicle has been detained by ordinary process of law of the Republic of Cyprus, access whilst such detention continues shall be, if the authorities of the Republic of Cyprus so request, in the presence of Cypriot officials.
(b) In this paragraph, "United Kingdom property" shall also include
property owned by or in the occupation, possession or control of any contractor,
being property required for the purposes of a contract with the United
Kingdom authorities.
2. If port facilities in the Republic become inadequate to meet the needs of the United Kingdom authorities or authorised service organisations, by reason of absence or insufficiency of staff, labour or equipment, the United Kingdom authorities shall have the right in consultation with, or in cases of urgency on notification to, the authorities of the Republic of Cyprus, to provide their own staff, labour and equipment to meet these needs for as long as the deficiency continues.
3. In exercise of the rights of the United Kingdom authorities under
this Section, United Kingdom vessels shall have the right to visit ports
in the Republic of Cyprus and to obtain there provisions, fresh water and
other supplies. Visits by Her Majesty's Ships shall be subject to the customary
international procedures.
2. The authorities of the Republic of Cyprus and the United Kingdom authorities shall consult and co-operate to ensure the effective operation of telecommunications in the Island of Cyprus. The authorities of the Republic of Cyprus and the United Kingdom authorities shall conform with the provisions of the International Telecommunication Convention and the International Radio Regulations, and shall jointly establish a Cyprus Telecommunications Co-ordination Committee to enable mutual radio planning to be effected and a Cyprus Frequency Assignment Committee for the purpose of assigning frequencies which may be mutually agreed.
3. The United Kingdom authorities shall have the right, in respect of their existing and new frequencies in the Republic of Cyprus, to notify them to the International Telecommunication Union and to be internationally responsible for them.
4. The United Kingdom authorities shall have the right to operate exclusively
for their benefit and for the benefit of United Kingdom personnel and their
dependents telegraphic and postal services within the Republic of Cyprus.
The authorities of the Republic of Cyprus shall transfer all telegrams
and other postal material received for United Kingdom personnel under a
British Forces Post Office address to the British Forces Postal Service
at the selected office of exchange.
2. The United Kingdom authorities, authorised service organisations and their contractors shall, so far as is practicable, employ only Cypriot staff and labour in the Island of Cyprus, provided that such staff and labour are available and qualified to do the work. In this regard the United Kingdom authorities, authorised service organisations and their contractors shall as far as possible have regard to the proportionate numbers of the Communities in Cyprus. The above shall not prejudice the right of the United Kingdom authorities, authorised service organisations and their contractors to employ when necessary staff and labour from the British Isles.
3. In so far as shortage or inadequacy of available local labour makes it necessary, the United Kingdom authorities, authorised service organisations and contractors may employ in the territory of the Republic of Cyprus persons not normally resident in the Island of Cyprus. The entry of such persons, save those covered by Annex C to this Treaty, shall be governed by the procedure laid down in the legislation of the Republic of Cyprus for the entry of aliens. It is understood that such procedure shall not be applied in such a manner as to impair the general exercise of the above right.
4. Recruitment of local civilian labour within the territory of the Republic of Cyprus shall be effected with the assistance of the authorities of the Republic of Cyprus through its labour exchanges. The United Kingdom authorities and authorised service organisations shall pay wages and maintain conditions of service which are generally equivalent to those obtaining in similar employment in the Republic of Cyprus. In the territory of the Republic of Cyprus the conditions of employment and work, particularly as regards wages, supplementary payments and conditions for the protection of workers, shall be governed by the general legislation of the Republic of Cyprus.
5. In matters of public health and safety and in matters relating to
the protection of workmen, the United Kingdom authorities and authorised
service organisations shall, except where military necessity makes it impracticable,
arrange that the conditions under which civilians employed by them work
in the Island of Cyprus shall be as favourable as those generally existing
in similar employment in the Republic of Cyprus; in the territory of the
Republic of Cyprus these conditions shall be governed by the general legislation
of the Republic of Cyprus, it being understood that in the application
of this legislation the authorities of the Republic of Cyprus shall take
the necessary measures to ensure that the security and efficient operation
of the installations and equipment of the United Kingdom authorities shall
not be impaired.
other control data, shall be supplied by the United Kingdom authorities to the authorities of the Republic of Cyprus. The rights conferred by this Section shall not extend to areas access to which is generally prohibited by the authorities of the Republic of Cyprus.
2. Subject to the provisions of paragraph 3 of this Section, the United Kingdom authorities and contractors, duly authorised by the United Kingdom authorities, shall have the right within the Sites and the other premises and installations referred to in paragraph 6 of this Section to search for and win by any means water sufficient for their needs and building and construction materials so long as the winning of such materials causes no prejudice to adjacent property. Any archaeological remains and mineral resources, including petroleum, but excluding building and construction materials, which may be discovered during these operations under this Treaty shall remain the property of the Government of the Republic of Cyprus.
3. A Committee consisting of representatives of the United Kingdom authorities and the authorities of the Republic of Cyprus shall be established to keep under continual review the question of such water supplies as may affect both the Akrotiri Sovereign Base Area, the Dhekelia Sovereign Base Area, the Sites and the other premises and installations referred to in paragraph 6 of Section 8 of this Part of this Annex on the one hand, and the Republic of Cyprus on the other, and to make recommendations to the competent authorities as to the means of meeting the needs of the consumers concerned and as to the imposition of any restriction on the abstraction and consumption of water that may be required to ensure that those needs are met and that the water available is fairly distributed.
4. The United Kingdom authorities and authorised service organisations shall have the right to engage or employ contractors, including those from outside the Republic of Cyprus, provided that so far as is practicable without prejudice to the legitimate interests of the United Kingdom preference shall be given to contractors normally residing in the Island of Cyprus.
5. The United Kingdom authorities and authorised service organisations and United Kingdom personnel, contractors, sutlers and the dependents of any of them shall have the right to occupy premises and to reside in the Republic of Cyprus.
6. The following provisions shall apply to the leave camps, groups of
residential buildings, and other installations, together with the related
land and other facilities, referred to in Schedules C and D to this part
of this Annex:—
8. - a) The United Kingdom authorities. authorised service organisations, United Kingdom personnel, contractors, sutlers and the dependents of any of them in the Island of Cyprus may purchase locally goods and commodities necessary for their own use or consumption, and such services as they need, under the conditions generally applicable in the Republic of Cyprus.
(b) It shall be the policy of the United Kingdom authorities and authorised service organisations and their contractors to purchase locally goods and commodities which they require in the Island of Cyprus, if they are available at a suitable price and are of the standard required. In order to avoid such purchases having any adverse effect on the economy of the Republic of Cyprus, its competent authorities shall indicate, when necessary, any articles the purchase of which should be restricted or forbidden.
(c) Subject to the provisions of sub-paragraph (b) above, the authorities of the Republic of Cyprus shall not place any obstacle in the way of the United Kingdom authorities, authorised service organisations and their contractors making such purchases on terms and conditions no less favourable than those available to other non-governmental purchasers.
(d) Nothing in this paragraph confers any exemption from the fiscal regulations generally applicable in the Republic of Cyprus.
9. The authorities of the Republic of Cyprus shall place no restriction on activities in the Republic of Cyprus by the United Kingdom authorities or authorised service organisations designed to promote the welfare of United Kingdom personnel, contractors, cutlers, and the dependents of any of them, including the provision of their own educational and medical facilities.
10. The United Kingdom authorities, personnel and contractors and the dependents of either of them shall be exempt from the operation of any law of the Republic of Cyprus relating to matters of education, although wherever practicable they will take all reasonable steps to ensure the maintenance of educational standards at least as high as those obtaining under the law of the Republic of Cyprus.
11. The authorities of the Republic of Cyprus shall exempt the United Kingdom authorities, personnel and their dependents from the regulations of the Republic of Cyprus relating to matters of health in so far as at least equivalent standards or requirements may be enforced by the United Kingdom authorities. The United Kingdom authorities and the authorities of the Republic of Cyprus shall promptly inform each other of the outbreak or suspected outbreak, development and elimination of an infectious disease, as well as of the measures taken.
12. - a) The United Kingdom authorities, authorised service organisations, contractors and sutlers may in accordance with established practice in the Republic of Cyprus, and without restriction, sell goods to and provide services for United Kingdom personnel, contractors, sutlers and dependents of any of them exclusively. The United Kingdom authorities shall consult with the authorities of the Republic of Cyprus with a view to preventing abuse of the foregoing right.
(b) This paragraph shall not be construed as conferring any right to buy goods free of customs duties or other duties or taxes on those not otherwise entitled.
13. The United Kingdom authorities and authorised service organisations may. if the authorities of the Republic of Cyprus have no objection relating to the internal economy of the Island of Cyprus, sell property, not being immovable property, in the Island which they find to be surplus to their needs.
14. Separate arrangements shall be made at airports and at sea ports
in the Republic of Cyprus to deal with United Kingdom property and property
of United Kingdom personnel, contractors, sutlers and the dependents of
any of them in transit and with customs and immigration control of United
Kingdom personnel, contractors, sutlers and the dependents of any of them.
2. The United Kingdom authorities shall, in the exercise of their rights in accordance with this Annex, at all times have due regard for the interests of the Republic of Cyprus and of its citizens, including in particular the normal rights of private property.
3. The United Kingdom authorities shall be entitled to all the rights and facilities enjoyed by a force of the United Kingdom by virtue of Annex C to this Treaty, and persons who are in the Island of Cyprus in the course of performing official duties, with the authority of the United Kingdom military Commander in the Akrotiri Sovereign Base Area and the Dhekelia Sovereign Base Area, and their dependents, shall be entitled to all the rights and facilities enjoyed by members of a force and their dependents by virtue of that Annex; provided that this paragraph shall not apply to citizens of the Republic of Cyprus.
4. If the armed services of any country within the British Commonwealth of Nations are for the time being stationed with or operating in conjunction with the United Kingdom armed services based on the Akrotiri Sovereign Base Area and the Dhekelia Sovereign Base Area, the authorities, personnel and dependents of those armed services shall receive in all matters dealt with in this Annex the same treatment as that accorded to the United Kingdom authorities, United Kingdom personnel, and their dependents, including the application of the same obligations.
(NOTE.—The detailed plans of each Site and the Map showing the approximate position of each Site, which are referred to in Schedules A, B, C and D, are not printed.
The approximate positions of the Sites are, however, shown on Map number
3 contained in Appendix V to this Paper.)
At Cape Kiti.
At Cape Greco
applies are located as follows:—
A.1 At the port of Limassol.
A.2 At Troodos.
A.3 At Mount Olympus.
A.4 To the north and west of Zyyi.
A.5 At Cape Kiti.
A.6/1 At Cape Greco.
A.6/2 Water supply for Schedule A.6/1.
A.7 At Mount Yaila.
A.8 At Heraklis.
A.9 At the port of Famagusta.
A.10/l At Nicosia Airfield.
A.10/2 Water supply for Schedule A.10/1.
2. The approximate position of these Sites is indicated by numbers A.1
to A.10/2 on the Map annexed to this Part of this Annex. Detailed plans
of each Site are annexed to this Schedule.
B.l/1 At Polemidhia, including small arms range.
B.1/2 Water supply for Schedule B.l/l.
B.2 At disused airfield south of Larnaca.
B.3/1 North of Zyyi.
B.3/2 Water supply for Schedule B.3/1.
B.4 At Famagusta, on the Nicosia road.
B.5 On and to the west of the main Famagusta-Salamis road.
B.6 To the northwest of Nicosia, on the Kyrenia road.
B.7 At Nicosia, in Metokio Street.
B.8 On the coast about 5 miles south of Larnaca.
B.9/1 To the west of Nicosia.
B.9/2 Water supply for Schedule B.9/1.
B.10 On the outskirts of Famagusta, on the Nicosia road.
2. The approximate position of these Sites is indicated by numbers B.1
to B.10 on the Map annexed to this Part of this Annex. Detailed plans of
each Site are annexed to this Schedule.
6 of Section 8 of this Part of this Annex applies are located as
C.1 At Troodos.
C.2/1 On the outskirts of Limassol.
C.2/2 Water supply for Schedule C.2/1.
C.3 Near Paphos, about ~2 mile from the tip of Cape Paphos.
C.4 On the coast near Ayia Irini.
C.5 At Kissousa, about 7 miles north of Episkopi, including the Kissousa water source, the pipeline bringing water to the Akrotiri Sovereign Base Area and the Anoyira tunnel.
C.6 At Limassol, in Paphos Road.
C.7 On the coast, about 3 1/2 miles north of Famagusta.
C.8/1 At Famagusta in Peloponnesus Street.
C.8/2 At Famagusta in Steropis Street.
C.8/3 At Famagusta in Gladstone Street.
2. The appropriate position of these installations and other items is
indicated by numbers C.1 to C.8/3 on the Map annexed to this Part of this
Annex. Detailed plans of each Site are annexed to this Schedule.
D.1/2 On the south-east outskirts of Nicosia.
D.2 At Karaolos, about 3 miles north of Famagusta.
D.3 Near Kalopsidha and Makrasyka, about 6 miles north of Dhekelia, including water sources and the pipeline bringing water to the Dhekelia Sovereign Base Area.
2. -2 a) The Government of the United Kingdom, United Kingdom authorities and authorised service organisations may, with the consent of the Government of the Republic of Cyprus if such consent is required by the law in force at the relevant time, enter into agreements for the use or occupation of immovable property in accordance with the law generally obtaining in the
Republic of Cyprus at the relevant time in respect of such matters, and the authorities of the Republic of Cyprus shall be notified of any such agreement:
Provided that no consent of the Government of the Republic of Cyprus and no notification shall be required in respect of agreements—
(ii) in respect of immovable property situated in the Sites or in the premises and installations referred to in paragraph 6 of Section 8 of Part II of this Annex, or in respect of rights of way, privileges, liberties, easements or other rights or advantages appurtenant to the Sites or to those premises and installations.
3. -2 a) Subject to the provisions of this Part of this Annex and to any existing rights of other parties, immovable property owned by the Government of the United Kingdom, United Kingdom authorities and authorised service organisations immediately before the entry into force of this Treaty shall continue to be so owned.
(b) In respect of any such immovable property the ownership of which was acquired after the 19th of February, 1959, by the Government of the United Kingdom, by United Kingdom authorities, or by authorised service organisations by compulsory purchase or by virtue of a grant made by the Governor of the Colony of Cyprus, the following provisions shall have effect, that is to say—
(ii) the Government of the Republic of Cyprus may, within three months thereafter, by notice in writing to the Government of the United Kingdom, the United Kingdom authority or the authorised service organisation concerned, as the case may be, signify its wish that the ownership of any such property shall vest in the Republic; and upon the giving of such notice, the ownership of the property in question shall be vested in the Republic on payment to the Government of the United Kingdom, the United Kingdom authority or the authorised service organisation concerned, as the case may be, of such amount as shall be sufficient to cover any amount paid or payable by way of compensation or purchase price by the Government of the United Kingdom, the United Kingdom authority or the authorised service organisation concerned for the acquisition of the ownership of such property.
Provided that nothing in this paragraph shall be interpreted to mean that the ownership of any such property not already owned by the Government of the United Kingdom shall vest in such Government except with the consent of the Government of the Republic of Cyprus where that consent is required under the provisions of paragraph 1 of Section 2 of this Part of this Annex.
2. The United Kingdom authorities shall, immediately upon the entry into force of this Treaty, deposit with the Department of Lands and Surveys in Nicosia such particulars and detailed plans of the immovable property involved as are necessary to enable the Government of the Republic of Cyprus to give effect to paragraph 1 of this Section.
3. -2 a) As from the date on which the Government of the United Kingdom, after consultation with the Government of the Republic of Cyprus, obtains the use of any additional Site or right over immovable property, pursuant to paragraph 3 of Section 1 or paragraph 1 of Section 9, respectively, of Part II of this Annex, the provisions of this Section shall apply to that Site or right:
Provided that nothing in this sub-paragraph shall operate to make the provisions of paragraph 1 of this Section applicable to any additional Site or right as aforesaid, unless and until an agreement is reached between the Government of the United Kingdom and the Government of the Republic of Cyprus on the amount of any compensation or annual rent or both to be paid by the former to the latter Government in respect of the use of such additional Site or right.
(b) The United Kingdom authorities shall, by a date to be agreed in respect of the Site or right in question, deposit with the Department of Lands and Surveys particulars and detailed plans of the immovable property involved.
4. Pending the making of such arrangements as may be necessary under
paragraph 1 of this Section in respect of the premises and installations
referred to in paragraph 6 of Section 8 of Part II of this Annex, those
premises and installations shall, for the purposes of paragraph 1 of Section
1 of Part II, be regarded as Sites.
2. Registration shall be effected in the name of such person or authority
as may be designated by the United Kingdom authorities for the purpose
of the registration in question.
2. -2 a) The Government of the United Kingdom will give sympathetic consideration to requests by the Government of the Republic of Cyprus that immovable property owned or occupied by the Government of the United Kingdom or by a United Kingdom authority or by an authorised service organisation, which is required by the Government of the Republic of Cyprus either on its own behalf or on behalf of any other authority for an undertaking of public utility, shall be surrendered in exchange for other immovable property which is considered as equally suitable for the same purpose.
(b) The provisions of this paragraph shall not apply to immovable property
constituting the Sites or the premises and installations referred to in
paragraph 6 of Section 8 of Part II of this Annex, or to rights appertaining
thereto, or to rights conferred by Part II of this Annex.
(b) within three months from the date of the notice, the Government of the Republic of Cyprus shall notify the Government of the United Kingdom, the United Kingdom authority or the authorised service organisation concerned—
(d) if, within three months from the date of the notice given to the Government of the Republic of Cyprus, such Government does not notify the Government of the United Kingdom, the United Kingdom authority or the authorised service organisation concerned that either a person wishes to exercise his right of pre-emption or the Government of the Republic of Cyprus wishes to acquire the property involved, the Government of the United Kingdom, the United Kingdom authority or the authorised service organisation concerned may dispose of such property by public auction or private treaty to any person or body capable by the law of the Republic of Cyprus of owning such property:
2. The Government of the Republic of Cyprus shall give the United Kingdom authorities and authorised service organisations every assistance in effecting a sale for full value of immovable property to which this Section relates and which that Government does not wish to purchase.
3. If in the case referred to in sub-paragraph (c) of paragraph 1 of this Section the person referred to therein or the Government of the Republic of
Cyprus, as the case may be, does not agree to the price proposed by
the Government of the United Kingdom, the United Kingdom authority or the
authorised service organisation concerned, the price payable shall be the
amount which the property might be expected to realise if offered for sale
by a willing vendor to a willing purchaser and shall, failing agreement,
be determined by arbitration in accordance with Section 11 of this Part
of this Annex.
~2 Provided that nothing in this Section shall apply to any building
or other erection or structure or to any fixture which has not been erected
or constructed by the Government of the United Kingdom or a United Kingdom
authority or an authorised service organisation.
(b) buildings and other erections and structures erected in, or constructed on, such immovable property and fixtures affixed to such immovable property or to such buildings, erections and structures by the Government of the United Kingdom, a United Kingdom authority or an authorised service organisation shall revert to the Government of the Republic of Cyprus unless removed before the immovable property in question is vacated;
(c) the Government of the Republic of Cyprus shall pay to the Government of the United Kingdom, the United Kingdom authority or the authorised service organisation concerned the value of anything which reverts to the Government of the Republic of Cyprus under sub paragraph (b) of this paragraph and which, within ten years after the vacation of the immovable property in question, is used by the latter Government or is sold or otherwise disposed of for value by that Government;
(cl) the Government of the United Kingdom shall pay to the Government of the Republic of Cyprus a sum representing any diminution in value of such immovable property which results from the presence on or in it of anything which reverts to the latter Government under sub-paragraph (b) of this paragraph or which results from damage occasioned to that immovable property by the Government of the United Kingdom, a United Kingdom authority or an authorised service organisation while so occupied or used, excluding fair wear and tear, except in so far as such damage has been made good by the Government of the United Kingdom, a United Kingdom authority or an authorised service organisation.
(ii) in relation to anything which is used, sold or otherwise disposed of for value by the Government of the Republic of Cyprus after severance, its market value taking into account the cost of severance and of any reinstatement consequent on severance;
(b) The value referred to in sub-paragraph (d) of paragraph 1 of this Section shall be the amount which the immovable property concerned, in the condition in which it was when first occupied or used by the Government of the United Kingdom, a United Kingdom authority or an authorised service organisation, might be expected to realise if offered for sale on the date of vacation by a willing vendor to a willing purchaser.
3. Any sum payable under the provisions of this Section shall be determined, failing agreement, by arbitration in accordance with Section 11 of this Part of this Annex.
4. The provisions of this Section shall not apply to the immovable property
referred to in Section 5 of this Part of this Annex.
(c) on the vacation of the immovable property concerned when no longer required for the purposes of this Treaty, being immovable property which then reverts to private ownership, the Government of the United Kingdom shall pay to the Government of the Republic of Cyprus, by way of reimbursement of any further expenditure involved in that arrangement, any sum payable under the provisions of paragraph 3 of this Section.
(b)in any other case, a periodic sum equal to the rent which might reasonably be expected to be payable by a tenant in occupation of such immovable property under a lease whereby such tenant undertook to bear the cost of the repairs and insurance and other expenses, if any, necessary to maintain the immovable property concerned in a state to command that rent:
3. The sum referred to in sub-paragraph (c) of paragraph 1 of this Section shall be a sum representing any diminution in the amount which the immovable property concerned might be expected to realise if offered for sale on the date of vacation by a willing vendor to a willing purchaser, being a diminution resulting from—
(b) any damage occasioned to such immovable property by the Government of the United Kingdom, a United Kingdom authority or an authorised service organisation, excluding fair wear and tear, except in so far as such damage has been made good by the Government of the United Kingdom, a United Kingdom authority or an authorised service organisation:
4. -2 a) For the purpose of assessing the sums referred to in paragraphs 2 and 3 of this Section, the immovable property concerned shall be taken to be in the condition in which it was when first occupied or used by the Government of the United Kingdom, at United Kingdom authority, or an authorised service organisation.
(b) Where two or more adjacent immovable properties to which this Section applies belong to the same owner and are simultaneously vacated, as being no longer required for the purposes of this Treaty, any sum payable under the provisions of paragraph 3 of this Section shall be assessed in respect of all such immovable properties taken together.
(c) The sum referred to in paragraph 2 of this Section shall be reviewed at five-yearly intervals, until the immovable property concerned is no longer occupied or used by the Government of the United Kingdom under the arrangement referred to in paragraph 1 of this Section.
5. Any sum payable under the provisions of this Section shall be determined,
failing agreement, by arbitration in accordance with Section 11 of this
Part of this Annex.
(b) The Akamas Range Area
(c) The Lefkoniko Range Area
(d) The Polis Training Area
(e) The Ayios Vasilios Training Area
(f ) The Prastio Training Area.
2. -2 a) The Goshi Range Area may be used as a field firing range.
(b) (i) The Akamas Range Area may be used as a field firing range and for all kinds of engineer training, including the carrying out of demolitions.
(ii) The western part of the land area of the Akamas Range Area and the sea area of that Range Area may be used as a naval bombardment range.
(c) (i) The Lefkoniko Range Area may be used as an artillery range by all types of field artillery.
(ii) Projectiles may only be fired into the inner area of the range area marked C.1 on the Map annexed, but artillery may move and be positioned anywhere in the range area and guns may be fired from anywhere in the inner area* or from the parts of the outer area shaded blue on the Map annexed,
* Note: printed red in Map No. 3 at Appcndix V to this Paper.
the passage of projectiles over occupied buildings being avoided as far as possible.
(d) The Polis Training Area may be used for training in amphibious warfare of all kinds including the landing and embarking of personnel, vehicles, artillery and other weapons, stores and equipment on to and from the beaches in the area and the carrying out of exercises and training in conjunction with such landing and embarking.
(e) The Ayios Vasilios Training Area may be used for practicing the descent of personnel by parachute and the dropping of vehicles, artillery and other weapons, stores or equipment from aircraft. The United Kingdom authorities shall cease to use the Ayios Vasilios Training Area as soon as an alternative area can be found which is fully suitable in the opinion of the United Kingdom authorities. The Republic of Cyprus will co-operate in finding this area and in making it available to the United Kingdom authorities. When the United Kingdom authorities have accepted an alternative area in place of the Ayios Vasilios Training Area, the United Kingdom authorities may use that Training Area in the same manner as the Ayios Vasilios Training Area and this Treaty shall apply to that area and the airspace over it as it applies to the Ayios Vasilios Training Area and the airspace over it.
(f) The Prastio Training Area may be used for the same purposes as the Ayios Vasilios Training Area and may in addition be used for the carrying out of exercises and training in conjunction with the descent of personnel by parachute.
3.—(a) While any range area or training area is being used the personnel and vehicles of the armed services of the United Kingdom shall have freedom of movement within the area but shall not have the right to enter buildings, farmyards and orchards in the area without the consent of the owner or occupier.
(b) Any range area or training area may be used in accordance with paragraph 2 of this Section in conjunction with training exercises conducted pursuant to paragraph 1 of Section 3 of this Part of this Annex.
4. Training areas may be used from time to time. The aggregate period
of use under this Section of a range area in any calendar year may not
exceed—
(iii) in the case of the Akamas Range Area, for naval bombardment, 10 days; and
(iv) in the case of the Lefkoniko Range Area, 45 days.
(b) During a period of use of a range area of which notice has been given under paragraph 1 of this Section the armed services of the United Kingdom shall have the right to exclude and remove therefrom any persons and livestock.
(c) Sub-paragraphs (a) and (b) of this paragraph shall not apply to the outer part of Lefkoniko Range Area.
(d) The armed services of the United Kingdom shall have the right where necessary and if possible in co-operation with the authorities of the Republic of Cyprus to exclude and remove any persons and livestock from a training area or part of a training area while training or exercises are being carried out on it.
(e) The armed services of the United Kingdom while using range areas and training areas shall take all steps necessary to ensure the safety of persons and livestock in them.
6.—(a) The small-arms range at Polemidhia and the Larnaca ground attack range (Sites Nos. 1 and 8 in Schedule B to Part II of this Annex) may be used notwithstanding that projectiles may fall into the areas marked G and X on the Map annexed and referred to respectively in this Part of this Annex as the Polemidhia and Larnaca Range Areas.
(b) The Sites constituting the Polemidhia and Larnaca Ranges may be used at any time but not less than 48 hours' notice of a use which may involve danger to persons or property in the range areas shall be given.
(c) Sub-paragraphs (a), (b) and (e) of paragraph 5 of this Section shall apply to the Polemidhia and Larnaca range areas during a period of use of the range in question of which notice has been given in accordance with sub-paragraph (b) of this paragraph, except that livestock are not required to be excluded from the Polemidhia range area.
(d) The United Kingdom shall have the right to install targets and marker buoys in the sea area of the Larnaca Range Area.
7. The United Kingdom authorities shall give sympathetic consideration
to any suggestions which the authorities of the Republic of Cyprus may
wish to make for an alternative locality for any range area or training
area, and shall transfer the training undertaken to the alternative locality,
provided that in the opinion of the United Kingdom authorities it is suitable.
(b) The three localities within which this training shall take place shall be sufficient in extent to meet the reasonable needs of the United Kingdom in this respect and shall from time to time be specified by agreement between the United Kingdom authorities and the authorities of the Republic of Cyprus.
(c) Different localities may be specified for different periods of the year provided that not less than three localities are available for such training at any time.
(d) Pending agreement under sub-paragraph (b) of this paragraph to specify
other localities, the three localities within which this training shall
take place shall be:—
(ii) The Goshi-Troulli locality;
(iii) The Sotira locality.
3. While carrying out training in any locality specified or to be specified in accordance with paragraph 1 or 2 of this Section. the personnel and vehicles of the armed services of the United Kingdom shall have freedom of movement within the locality but shall not have the right to enter buildings, farmyards or orchards within the locality without the consent of the owner or occupier, or to use tanks or live ammunition.
4. The armed services of the United Kingdom while carrying out training under this Section shall take all reasonable steps to avoid injury and inconvenience to persons and damage to property and shall take precautions against outbreak of fire. So far as possible, villages and land under cultivation shall be avoided.
5. United Kingdom military aircraft operating in conjunction with ground
troops on exercises shall not operate in such a way as to affect other
aircraft using recognised air traffic lanes.
(c) consideration is given to any need of the armed services of the Republic of Cyprus and of the Greek and Turkish contingents as taking part in the tripartite Headquarters established on the territory of the Republic of Cyprus in accordance with the Treaty of Alliance, to use range areas and training areas and to carry out training;
(d) inconvenience caused by training under this Part of this Annex to persons engaged in air and sea navigation, including fishing, is avoided so far as is practicable.
2. Visits and activities under paragraph 1 of this Section shall, save in exceptional circumstances, take place by arrangement with the owners or occupiers of the land concerned.
3. Those visits shall not take place more frequently than is reasonably necessary. Visits in connexion with an exercise under paragraph 1 of Section 3 of this part of this Annex shall take place within a reasonable time before or after the exercise in question, and the authorities of the Republic of Cyprus shall be informed in advance of any such visit of more than 15 persons made before the exercise in question.
SECTION 6
1. -2 a) Notices required by the foregoing provisions of this Part of this Annex shall be given to an authority nominated for the purpose by the authorities of the Republic of Cyprus.
(b) Each notice shall state the intended period of use of the area or locality in question, and indicate the approximate numbers of, times of, movement of, and routes to be used by, men and vehicles who will move from the Akrotiri Sovereign Base Area or the Dhekelia Sovereign Base Area to the area or locality in question in order to use it during that period.
2. Not less than ten days' notice of the use of the Akamas Range Area as a naval bombardment range and not less than forty-eight hours' notice of the use of the Larnaca Range Area as an aircraft ground attack range shall be given to the authorities responsible for the control of sea and air navigation in and over the territory of the Republic of Cyprus.
3. If the authorities of the Republic of Cyprus have been informed that,
in the course of an exercise pursuant to paragraph 1 of Section 3 of this
Part of this Annex, United Kingdom military aircraft are to operate in
conjunction with ground troops, and the aircraft may operate in a manner
which might, but for the provisions of this paragraph, constitute a danger
to air navigation, not less than seven days' notice to that effect, specifying
when and where the aircraft are to operate, shall be given to the authority
responsible for the control of air navigation over the territory of the
Republic of Cyprus.
(b) the airspaces up to a height of 10,000 feet above sea level over the areas marked Y.2 and Y.3 on the Map annexed, at all times;
(c) the airspace up to a height of 75,000 feet above sea level over the area marked Y.4 on the Map annexed, at such times as may be required by the United Kingdom authorities, who shall give 48 hours' notice of such requirement;
(d) the airspace between a height of 4,000 feet and a height of 60,000 feet above sea level over the area marked Z on the Map annexed, at all times.
4. Nothing in this Part of this Annex shall affect any existing internationally
recognised air traffic lane or customary international maritime route.
The United Kingdom shall give sympathetic consideration to proposals by
the Republic of Cyprus that alterations should be made in range areas and
training areas to enable new internationally recognised air traffic lanes
to be established or existing lanes to be modified.
2. A claim for cage to land or to anything growing on land, or to structures or fixtures on land shall not be inadmissible because the armed services of the United Kingdom have a right to enter or make use of that land.
3. No claim shall be admissible in respect of the death of or injury to a person or livestock suffered in an area in which his or their presence is prohibited under this Part of this Annex.
4. No claim shall be admissible in respect of loss of or damage to a vessel or aircraft, or to anything on a vessel or aircraft, or in respect of the death of or personal injury to a person on a vessel or aircraft, suffered while that vessel or aircraft is in a sea area or airspace prohibited to it under this Part of this Annex.
For the purposes of this Section damage to property shall include—
(b) " The present terminal area " means the land coloured red and hatched in blue on the map annexed;
(b) the road which is marked brown on the map annexed shall be regarded as forming part of the joint user area;
(c) the new terminal area shall be regarded as forming part of the joint user area.
3. The United Kingdom authorities shall give sympathetic consideration
to requests by the authorities of the Republic of Cyprus that any part
of the Site, which is required for an extension of the runways or other
facilities in the joint user area, shall be surrendered in exchange for
other land which is considered as equally suitable for the purposes for
which the Site is used.
(b) Notwithstanding the above, the United Kingdom shall, in accordance with Section 3 of this Part of this Annex, have the right to exercise exclusive control in emergency as may be determined by the United Kingdom.
2. The authorities of the Republic of Cyprus shall provide air traffic control within the flight information region administered from Nicosia including the provision of associated navigational aids and including advisory and alerting services, to the standard customary in international civil aviation practice.
3. At the request of the United Kingdom authorities the authorities of the Republic of Cyprus shall make immediately available to the United Kingdom authorities any information received by the authorities of the Republic of Cyprus about the movement of all aircraft within the flight information region administered from Nicosia.
4. The specific rights and responsibilities mentioned in this Section
shall not be exercised in such a manner as to impair the rights and obligations
of the United Kingdom or the Republic of Cyprus contained in other Sections
of this Part of this Annex.
2. In so far as the services established for their own use make this
possible, the United Kingdom authorities shall make available search and
rescue facilities for all civil aircraft within the flight information
region administered from Nicosia and fire and crash services for all aircraft
using Nicosia Airfield.
2. At the request of the authorities of the Republic of Cyprus, the
United Kingdom authorities shall within the Site arrange for such reasonable
control over activities, including the erection of installations, and operation
of radio and electrical equipment, as may be considered necessary by the
authorities of the Republic of Cyprus to ensure the efficient operation
and use of Nicosia Airfield.
(b) The United Kingdom shall bear the cost of services provided by them under Section 5 and Section 9 of this Part of this Annex.
(c) The cost of services provided under Section 7 of this Part of this Annex which are required for both civil and military aircraft shall be shared between the United Kingdom and the Republic of Cyprus in proportion to the degree of use.
(d) The cost of services required only for civil aircraft shall be borne by the Republic of Cyprus and the cost of services required only for United Kingdom military aircraft which are not registered as civil aircraft shall be borne by the United Kingdom.
(e) The United Kingdom authorities shall, for so long as they require the facility to use Tymbou airfield as provided in Section 8 of this Part of this Annex, make a contribution covering the costs of any rental payments or payments for any maintenance undertaken at United Kingdom request made by the authorities of the Republic of Cyprus for land forming part of the runways, taxiways and dispersal areas at Tymbou which is at the date of entry into force of this Treaty in private ownership. The amount of this contribution by the United Kingdom authorities shall be negotiated between the United Kingdom authorities and the authorities of the Republic of Cyprus. The amount of such a contribution, if not agreed, shall be determined as if it were a sum payable under the provisions of paragraph 2 of Section 10 of Part III of this Annex.
(f) The bearing of the cost of constructing, improving or making major alterations to installations provided for the mutual benefit of the authorities of the United Kingdom and the authorities of the Republic of Cyprus and of exercising the control provided for in Section 10 of this Part of this Annex (including payment of any compensation due for any diminution in value of immovable property resulting from the exercise of such control) shall be the subject of special agreement.
(g) Subject to sub-paragraphs (c) and (f) above, no contribution shall b~ made by the Republic of Cyprus to the cost of services provided by the United Kingdom, notwithstanding that those services are available for the use of civil aircraft.
2.—(a) The Republic of Cyprus shall have the right to retain all landing fees and other similar fees charged for the use of the airfield by civil aircraft (including United Kingdom military aircraft registered as civil aircraft).
(b) No landing fees or other similar fees shall be chargeable in respect of United Kingdom military aircraft which are not registered as civil aircraft.
(c) No charge on account of rent shall be payable by either Government to the other in respect of land or other immovable property in the joint user area or provided for the joint use of the authorities of the United Kingdom and of the authorities of the Republic of Cyprus.
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