Turkey 's relations with the European Union are based on two main documents. One of them is the Ankara Agreement of 1964 and its additional protocols; the others are the conditions laid down in the documents that have led to the beginning of the “open ended” accession negotiations. The membership of the Greek Cypriot Republic in the European Union has in the opinion of Turkey materialized in violation of the treaties that established the Republic of Cyprus . Therefore, while accepting the application of the Ankara Agreement to the Greek Cypriot Republic as a member of the European Union, the Turkish Government does not feel itself obliged to recognize the Greek Cypriot Republic as the Republic of Cyprus . There are a number of reasons justifying Turkey 's policy in this regard: In the first place there is a dispute in the Island recognized by the UN Security Council in its Resolution of March 4, 1964 as threatening international peace and security. Since that day the Security Council is maintaining a peace-keeping force (UNFICYP) in the Island that can be accepted as evidence of its perception of the dangerous situation as still prevailing in Cyprus . Greek Cypriots are a party to the current dispute and the efforts the United Nations Secretary General to end the dispute have failed to produce any result. The Greek Cypriot rejection of the Annan proposals which were supported by the Turkish side demonstrated that it was the Greek Cypriots that did not want to see an end to the dispute except on their own terms.

Despite the fact that she is involved in the current dispute in Cyprus as a Guarantor Power, Turkey has never-the-less accepted the extension of the Ankara Agreement to the Greek Cypriots as they are members of the EU while unable to extend recognition as representative of the whole island. This extension is basically confined to free circulation of industrial products and processed agricultural goods under the 1995 Customs Union Protocol which is an annex to the Ankara Agreement which directs the association relations between Turkey and the European Union until accession negotiations are completed and Turkey accepts all EU acquis if and when it becomes a full member. Nothing in the Ankara Agreement or the protocols attached to it obliges Turkey to open its sea and airports to the vessels of a Government with which it has an internationally recognized dispute even if that Government is a member of the European Union. It is therefore quite legitimate for Turkey not to mix the implementation of the Ankara Agreement with the accession negotiations.

If the European Union or any member of the Union considers Turkey's refusal to open its ports to Greek Cypriot vessels as a violation of the Ankara Agreement and its protocols they have two avenues to follow for the resolution of ensuing dispute. They can use the Settlement of the Disputes clause in the Customs Union Protocol. However, the disputes that come under that clause refer only to restrictions imposed on the importation of goods subject to free circulation; which is not the case. If the Union or any other member think that opening of the ports is covered by the Customs Union and as Turkey does not accept this interpretation the issue could be brought to the Association Council where parties may attempt to find a solution under Article 25 of the Ankara Agreement that foresees also third party arbitration.

It would be improper for the European Union countries to make themselves a party to the current dispute in Cyprus by black-mailing Turkey with threats of suspension, delaying or vetoing the continuation of the accession negotiations which is now in progress.