Introductory text

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

On 18 June 2019, the Council recalled and reaffirmed previous Council and European Council conclusions, including the European Council conclusions of 22 March 2018 strongly condemning Turkey's continued illegal actions in the Eastern Mediterranean and the Aegean Sea. The Council expressed serious concerns over Turkey's illegal drilling activities in the Eastern Mediterranean and deplored that Turkey had not yet responded to the Union's repeated calls to cease such activities. It also invited the Commission and the European External Action Service (EEAS) to submit options for appropriate measures without delay.

On 20 June 2019, the European Council recalled and reaffirmed previous Council and European Council conclusions strongly condemning Turkey's continued illegal actions in the Eastern Mediterranean and the Aegean Sea. Moreover, it endorsed the invitation to the Commission and to the EEAS to submit options for appropriate measures without delay, including targeted measures.

On 15 July 2019, the Council adopted conclusions in which it deplored that, despite the Union's repeated calls to cease its illegal activities in the Eastern Mediterranean, Turkey had continued its drilling operations west of Cyprus and had launched a second drilling operation northeast of Cyprus within Cypriot territorial waters. It reiterated the serious immediate negative impact that such illegal actions have across the range of EU-Turkey relations and called again on Turkey to refrain from such actions, act in a spirit of good neighbourliness and respect the sovereignty and sovereign rights of Cyprus in accordance with international law. The Council, welcoming the invitation by the Government of Cyprus to negotiate with Turkey, noted that the delimitation of exclusive economic zones and of the continental shelf should be addressed through dialogue and negotiation in good faith, in full respect of international law and in accordance with the principle of good neighbourly relations.

Moreover, in the light of Turkey's continued and new illegal drilling activities, the Council decided to suspend negotiations on the Comprehensive Air Transport Agreement and agreed not to hold the Association Council and further meetings of the EU-Turkey high‐level dialogues for the time being. In addition, the Council endorsed the Commission's proposal to reduce the pre-accession assistance to Turkey for 2020 and invited the European Investment Bank to review its lending activities in Turkey, notably with regard to sovereign-backed lending.

Furthermore, those conclusions underlined that the Council remained seized of the matter and invited the High Representative of the Union for Foreign Affairs and Security Policy (the 'High Representative') and the Commission to continue work on options for targeted measures in the light of Turkey's continued drilling activities in the Eastern Mediterranean.

On 14 October 2019, in the light of Turkey's continued illegal drilling activities in the Eastern Mediterranean, the Council reaffirmed its full solidarity with Cyprus with regard to the respect of its sovereignty and sovereign rights in accordance with international law. It recalled its conclusions of 15 July 2019, in particular that the delimitation of exclusive economic zones and of the continental shelf should be addressed through dialogue and negotiation in good faith, in full respect of international law and in accordance with the principle of good neighbourly relations.

Moreover, the Council agreed to put in place a framework for restrictive measures targeting natural and legal persons responsible for or involved in the illegal drilling activity of hydrocarbons in the Eastern Mediterranean and invited the High Representative and the Commission to swiftly present proposals to that effect.

On 18 October 2019, the European Council endorsed the Council conclusions of 14 October 2019 on Turkey's illegal drilling activities in Cyprus' exclusive economic zone and reaffirmed its solidarity with Cyprus and stated that it will remain seized of the matter.

The above-mentioned drilling activities infringe the sovereignty or sovereign rights and jurisdiction of the Republic of Cyprus in its territorial sea, exclusive economic zone and continental shelf and, when such activities are carried out in areas where the exclusive economic zone and continental shelf have not been delimited under international law with a State having an opposite coast, they jeopardise or hamper the reaching of a delimitation agreement. These actions are contrary to the principles of the United Nations Charter, including the peaceful resolution of disputes, and pose a threat to the interests and security of the Union.

In that context, targeted restrictive measures should be imposed on natural or legal persons, entities or bodies responsible for, involved in, including by planning, preparing, for example by means of seismic surveys, participating in, directing, or assisting, drilling activities in relation to hydrocarbon exploration and production, or hydrocarbon extraction resulting from such activities, or providing financial, technical or material support for such activities, which have not been authorised by the Republic of Cyprus, within its territorial sea or in its exclusive economic zone or on its continental shelf. This includes, in cases where the exclusive economic zone or continental shelf has not been delimited in accordance with international law with a State having an opposite coast, activities which may jeopardise or hamper the reaching of a delimitation agreement.

This Decision should not impede the delivery and facilitation of delivery of humanitarian aid. This Decision should be amended in order to include a derogation as appropriate, if it appears that the application of restrictive measures against a designated person or entity could impede the delivery of humanitarian aid.

Further Union action is needed in order to implement certain measures,

HAS ADOPTED THIS DECISION: