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[Cyprus Times] Athens' letter to the UN: risk of tension from the Turkish-Cypriot memorandum

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The Turcoli agreement violates Greece's sovereign rights, says Ambassador Permanent Representative Maria Theofili Athens is committed to the peaceful resolution of any issue regarding the maritime zones

Strong warning that any attempt to implement the Turcoli memorandum for hydrocarbon exploration, which would violate sovereign rights will lead to tension and destabilization of the region, Athens sent a letter to the UN, as ERT reports.

The letter, dated November 17, is addressed to the UN General Assembly and was published as an official document on November 23.

It categorically states that Greece considers the second Turkmen memorandum, which, as noted, has no legal effect, to be invalid.

In several parts of the letter it is noted that any attempt to implement the two memoranda will have serious consequences for regional stability in the Mediterranean.

Athens in this letter calls on Libya and Turkey to avoid any action that would violate its ipso facto and ab initio rights to its continental shelf (i.e. the undefined continental shelf) and its sovereign rights in the EEZ it has declared under the Agreement with Egypt.

Special reference is made to the terms of the Political Agreement in Libya recently confirmed by the UNSC and from which the Dbeiba government derives its legitimacy, according to which this government does not have the authority to sign agreements that create problems with other countries and bind Libya, which is of course what has happened with the last Turcolibian Memorandum of 3 October.

In the letter Athens commits itself to the peaceful resolution of any issue concerning maritime delimitation with neighbouring Eastern Mediterranean countries "by peaceful means, in good faith and in accordance with the Law of the Sea".




The text of the letter. Greece would like to draw your attention to an issue with potentially serious consequences for regional stability in the Mediterranean. I refer to the "Memorandum of Understanding between the Government of the Republic of Turkey and the Government of National Unity of the State of Libya on cooperation in the hydrocarbons sector", signed on 3 October 2022.

Greece strongly opposes and protests the conclusion of the aforementioned Memorandum to the extent that it attempts any direct or indirect implementation of the 2019 "Memorandum of Understanding between the Government of the Republic of Turkey and the Government of National Accord of the State of Libya on the Delimitation of Maritime Jurisdiction Areas in the Mediterranean Sea", which was concluded in total violation of international law and in flagrant disregard of the sovereign rights of Greece as well as other coastal states under the law of the sea.

Greece reiterates its position, as stated in my letter to you of 9 December 2019, which is attached to my letter of 14 February 2020 (A/74/706), according to which the 2019 memorandum is null and void and has no legal effect whatsoever

This Greek position was communicated to both the Turkish and Libyan sides through diplomatic notes 772/02.04.04.2020 and 23321/22.05.2020, respectively. Consequently, any actions or activities based on the 2019 Memorandum also lack any legal basis and, moreover, risk exacerbating tensions in the region.

Greece would like to underline that any action to implement the Memorandum signed on 3 October 2022, which violates Greece's sovereign rights, constitutes a violation of international law and a deliberate escalation that undermines stability in the region.

Greece would like to underline that any action to implement the Memorandum signed on 3 October 2022, which violates Greece's sovereign rights, constitutes a violation of international law and a deliberate escalation that undermines stability in the region. In this context, Greece underlines that it has ipso facto and ab initio sovereign rights over its continental shelf, in accordance with the law of the sea, as well as sovereign rights and jurisdiction over its exclusive economic zone, as delimited by the Agreement between the Government of the Hellenic Republic and the Government of the Arab Republic of Egypt on the delimitation of the Exclusive Economic Zone between the two countries, dated 6 August 2020. Furthermore, the conclusion of this Memorandum does not meet the obligation, provided for in the 2020 Roadmap for the preparatory phase of the comprehensive settlement , the outcome of the Libyan Political Dialogue Forum under the auspices of the United Nations, to manage "the foreign policy of the Libyan State in such a way as to maintain friendly and peaceful relations with regional and international partners in accordance with the rules of good neighbourliness and mutual interests" (Article 6, paragraph 9). Greece rejects any act that defies peace and stability in the region, including acts that attempt to distort the political process towards a comprehensive solution for Libya.

The conclusion of this memorandum also disregards paragraph 10 of Article 6 of the Roadmap, according to which the executive authority, during the preparatory stage, shall not consider new or previous agreements or decisions in a manner that would harm the stability of the Libyan state's external relations or impose long-term Therefore, a hydrocarbons cooperation agreement clearly falls within the scope of agreements which the executive authority is precluded from concluding.

The importance of full implementation of the roadmap was reaffirmed by the Security Council in its resolution 2656 (2022) of 28 October 2022. In paragraph 4 of the resolution, the Security Council underlines that the underlying objectives and principles as set out in the Roadmap, in particular Articles 1, 2 and 6, remain relevant to the political process. It should also be underlined that opposition to the legitimacy of the memorandum signed on 3 October 2022 has been strongly voiced by international actors, including States in the region and beyond, as well as by senior officials within Libyan institutions.

In conclusion, Greece would like to stress that it maintains all its rights under international law and calls on Libya and Turkey to respect Greece's sovereign rights and to refrain from any act that violates these rights and destabilizes peace and security in the region.

On this occasion, Greece wishes to reiterate its strong commitment to resolving any delimitation issue with the neighbouring countries of the Eastern Mediterranean by peaceful means, in good faith and in accordance with the Law of the Sea. I would be grateful if this letter could be circulated as a document of the General Assembly, under agenda item 72 (a), and published on the website of the Directorate for Oceans and the Law of the Sea and in the next edition of the Bulletin on the Law of the Sea.

Maria Theofili

Ambassador Permanent Representative"

Source: cnn.gr


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