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Closed crossing at Ledra Street (Photo: Christos Theodorides)
Whether the Ledra Street checkpoint in Nicosia reopens is solely a political decision, though the epidemiological situation looks good in both the north and in the Republic, Professor of Microbiology/Molecular Virology at the University of Nicosia Medical School Dr Petros Karayiannis said on Wednesday.
Speaking to CNA, he said during Tuesday’s teleconference with the bicommunal technical committee on health, the Turkish Cypriots pressed the point of reopening the Ledra Street crossing.
“The security measures in the crossings work normally from both sides. What the Turkish Cypriots have put forward is whether Ledras can reopen. We told them it is a political decision and no longer up to the epidemiological team.
“The epidemiological picture is good from both sides therefore if the two leaders proceed to open Ledras, they will,” he added.
As things stand now with requirements with crossings, tourists are effectively barred from going to the other side, Karayiannis said.
During Tuesday’s meeting, the committee also discussed migrants who arrive to the north and then cross over to the government controlled areas.
According to Karayiannis, Turkish Cypriots said migrants reach the shores in the north and cross using the buffer zone. Migrants who stay in the north are tested for the coronavirus, the committee was told.
As far as smugglers are concerned, “their answer (of the Turkish Cypriots) was they don’t know who smuggles them and if we have any information we should give it to them.”
Karayiannis said the north was making extensive efforts to keep imported cases of the coronavirus under control by expecting a test from all of them.
“At least from category B and C countries, they give them an extra test after they arrive to Cyprus. And in Category C, they give them another test after a 15-day quarantine.”
Turkey is in category B in the north, Karayiannis stipulated. They are asked to do a test before travelling and upon arrival.
Asked if the north has a better epidemiological picture than the government-controlled areas, Karayiannis said “I can’t say it’s better. We have a very good picture but they also have some imported cases which they detect.”
Since ports and airports in the north reopened, about 20,000 tests have been carried out, he added.
The health ministry on Wednesday urged organisers planning social gatherings, including concerts, festivals and weddings from September 1, to hold off for now as a decision on the full lifting of restrictions on such events will not be made until after that.
According to a statement from the ministry of health, citing estimates by the World Health Organisation (WHO) and the European Centre for Disease Prevention and Control (ECDC), the organisation of mass social events without restrictions, at this stage, holds an extremely high risk of Covid transmission.
“Therefore, the holding of such events where many people gather and the observance of hygiene and social distancing is impossible, are prohibited,” a statement said.
The ministry said that based on the recommendations of the ECDC and the WHO, the possible occurrence of cases at large open events makes contact tracing particularly difficult and also makes it harder to control the spread of the virus.
Both agencies, it added, also speak of a high risk of derailment of the situation in countries with a fairly good epidemiological picture, such as Cyprus, given that there is currently no vaccine against Covid-19, nor any drug treatment for its prevention.
“As recommended by the relevant international and European bodies, the possibility of lifting restrictions on mass and social events should be considered after September,” the ministry added.
“Therefore, people are advised not to plan to conduct such events from September 1 as a final decision has not been taken and not heeding decrees on this is a violation,” it warned.
The fact that Cyprus maintains positive epidemiological indicators and the situation in the country is controlled and that so far there have not been any setbacks such as other countries have seen, is due to the fact that Cyprus has followed from the beginning the recommendations of the competent organisations and moved ahead with a targeted and slow lifting of the restrictive measures, the ministry said.
“In order for the good epidemiological picture to be maintained, we all have individual and collective responsibility and we must behave seriously, respecting the rules,” it concluded.
The UK Government has reportedly abandoned hope of striking a Brexit trade deal with the EU.
It comes just days before the end of July when Boris Johnson said he believed an outline agreement could be passed.
But now ministers are working with the assumption that Britain will begin to trade with Europe on World Trade Organisation (WTO) terms when the transition period ends on December 31, according to The Daily Telegraph.
The UK's chief negotiator David Frost and the EU's Michel Barnier began the latest round of talks in London on Monday.
However, neither side is backing down on fishing rights, so-called level playing field guarantees, governance of the deal and the role of the European Court of Justice.
The negotiations are due to finish on Thursday with no expectation of a breakthrough. And there are no more face to face talks scheduled this month, meaning Mr Johnson’s July deadline will have passed.
Senior sources told the Telegraph that there is an assumption "there won't be a deal" but a "basic" agreement could still be struck if the EU yields ground in the autumn.
A senior source told the newspaper: “The Government has been making it clear for a while now that it is prepared for no deal. Britain isn’t going to budge on fundamentals like fishing rights, so it’s all in the hands of the EU.”
Britain is seeking a zero tariff, zero quota trade deal.
But if a deal is not made, trading on WTO terms means tariffs on goods and red tape could lead to delays in the passage of goods entering and leaving the UK.
Mr Johnson had earlier told her the UK was willing to walk out of negotiations if necessary, while diplomats in Brussels insisted that the EU was ready for whatever the outcome of the trade talks may be.
“They are right to work on the basis of no deal [as] we are as well,” a diplomat from an influential member state told the Telegraph.
One UK negotiating team source said: “We wanted to see an agreement this month. It’s clear from the EU side that’s not going to happen.
“No trade deal has to be the working assumption, because that’s what we have to prepare for. But it doesn’t mean it’s what we want or are working to make happen.”
Britain has said repeatedly that it is not asking the EU for a better deal than it has given other nations. But Brussels insists it will only offer a deal with strings attached.
EU negotiators mantain that the real deadline for a deal is the end of October, which would still allow time for member states to ratify the agreement before the end of transition.
One source on the British side said: “There is a chance of a deal, but it will be a basic deal, not a phenomenal deal. We should know by mid-August whether there’s any chance it will happen.
“It all depends on whether the EU wants to step up negotiations over the summer. If it doesn't, then the Government’s view is that it's not interested.”
By Andrea Kallis Parparinou and Demetris Gregoriou
Undoubtedly and unsurprisingly, the COVID-19 pandemic has affected businesses and individuals in a variety of ways. One aspect, which has been discussed to a great extent, is the use of electronic signatures in Cyprus and the legal implications of their use.
As a result of the impact of the COVID-19 pandemic, businesses and individuals have had to seek alternative methods for legally executing documents which were essential for their survival. This was due to the movement restrictions, put in place by governments to combat the deadly virus, substantially limiting the ability of individuals to be physically present for such purposes.
The use of electronic signatures is an acceptable and valid option with legal effect for signing documents in Cyprus (subject to certain exceptions). However, due to the traditional and rather obsolete handwritten ink signature approach in Cyprus, many are unaware of either the existence of electronic signatures, or, the extent to which they are legally valid.
Following the footprint left by the COVID-19 pandemic, our firm has been requested to opine, on numerous occasions, as to the validity and the legal effect of using electronic signatures to sign certain documents in accordance with Cyprus Law.
The three types of electronic signatures
Regulation (EU) No. 910/2014 on electronic identification and trust services for electronic transactions in the internal market (the “EU eIDAS Regulation”), the majority of which has been adopted by and is read in conjunction with Law N. 55(I)/2018 (the “Law”), provides for three types of electronic signatures:
Basic Electronic Signature (BES) – There are no specific requirements for such signatures; they can take the form of a click of an ‘I accept’ box or a typed name or a scanned signature at the end of an email or contract.
Advanced Electronic Signature (AES) – Such signatures must meet certain requirements whereby they can be (a) uniquely linked to the signatory, (b) capable of identifying the signatory, (c) created using means that the signatory can maintain under his/her sole control, and (d) linked to the data to which it relates in such a manner that any subsequent change of the data is detectable.
Qualified Electronic Signature (QES) – These are Advanced Electronic Signatures based on a qualified certificate issued by a Qualified Trust Service Provider (QTSP) and created through a qualified electronic signature creation device. Such a signature provides additional protection controls over an AES as it has the same effect as a handwritten signature. Some may say that it is even better than a handwritten signature due to its high standards of verification.
The EU eIDAS Regulation introduces the use of:
electronic seals which help prevent both intentional and accidental change to the document after it was signed, meaning that all parties remain secure in knowing that what they sign in the present will remain verifiably unchanged also in the future,
electronic time stamps,
electronic documents, and
certificate services for website authentication and electronic identification.
Advantages of an electronic signature
The provisions of the EU eIDAS Regulation are directly applicable to all Member States of the EU, therefore it supersedes any conflicting domestic laws. This allows for the possibility of cross-border signings with no time being spent on printing, signing, posting or combining counterparts.
Additionally, the principle of mutual recognition between Member States of the EU, as laid out in Article 6 of the EU eIDAS Regulation for the purposes of cross-border authentication, means, in general terms, that where an individual or legal entity can be electronically identified in one Member State for an online service, in accordance with the provisions EU eIDAS Regulation on electronic identification, that individual or legal entity will also be recognised in another Member State for that online service.
Furthermore, while the use of electronic signatures is a quicker and more practical option for signing documents, it is also considered to be cheaper and more eco-friendly due to the fact that it supports paperless transition (no printing, filing, shredding).
As a result of the COVID-19 pandemic, many self-employed persons and employees of businesses were forced to work remotely. If, following the pandemic, working from home becomes the new norm, then there may be an inclination towards electronically signing documents remotely and this method may even be preferred over having to travel to and physically attend a document signing.
Admissibility and legal validity of electronic signatures
Pursuant to article 25 of the EU eIDAS Regulation and section 9 of the Law, it is emphasised that an electronic signature will not be denied legal effect and admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form, or, that it does not meet the requirements for qualified electronic signatures which have the equivalent legal effect of a handwritten signature. Thus, where any electronic signature is concerned, other than a qualified electronic signature, in the event of a dispute which is handled by the Courts in Cyprus it will be at the discretion of the Court to decide whether to grant the electronic signature legal effect. This will always be decided on a case-by-case basis and will be dependent on the particular facts of each case. Where a person is claiming that an electronic signature on a document is not genuine, the burden of proof will lie with that person. If the burden of proof shifts to the person relying on the electronic signature, the Court will have to be convinced beyond any doubt that the signature was indeed placed on the document with the intention of being bound to the document.
Next steps for e-signing in Cyprus to become a natural alternative
Cyprus has already begun to implement changes which will bring the country closer to meeting the standards of the European legal framework on electronic signatures. Amendments have been made to the Evidence Law, Cap.9 and to the Companies Law, Cap 113. The Evidence Law, Cap 9 now extends the definition of ‘document’ to include electronic documents bearing electronic signatures, seals, time stamps etc., as defined in the EU eIDAS Regulation, whereas the Companies Law, Cap 113 now provides that every form, certificate, minutes or other document delivered, or sent, to the Registrar of Companies for filing or, issued by the Registrar of Companies, as the case may be, and requiring affirmation, certification or signature, may be signed electronically, to comply with article 27 of the EU eIDAS Regulation.
The impact of the Covid-19 pandemic has resulted in Cyprus, realising both the importance of, and the need for, the use of electronic signatures. Consequently, new reforms on electronic identification, which is the ‘key’ to electronic signatures (QES), have been prepared and presented to the Council of Ministers. The proposed reforms are currently with the Law Office of the Republic for legal review, exemplifying the intention of Cyprus to give full effect to electronic signatures. For now, electronic signatures will last for one year and then, upon the adoption of amendments for electronic identification, they will be valid for three years and can be cancelled at any time.
This identification can be obtained through an individual’s bank, and the bank will be responsible for processing this ‘key’ through the QTSP. Alternatively, it may be applied for directly via the QTSP. The government has already signed a Memorandum of Understanding with commercial banks that will enable and promote electronic signatures in the banking sector.
At present, the sole QTSP currently registered in Cyprus is JCC Payment Services Ltd and, there are just two other Greek Companies, registered in Europe, carrying out activities in Cyprus: Byte Computer ΑΕ and ADACOM S.A. However, with the passing of the new legislation it is likely that these companies will face competition.
Obstacles and complications
As echoed in Article 2 of the EU eIDAS Regulation, in terms of the application of electronic signatures, neither the Law nor the EU eIDAS Regulation cover aspects relating to the conclusion and validity of contracts or other legal or procedural obligations with respect to requirements on form. Equally, they do not affect rules and limits governing the use of documents. Aspects in relation to the conclusion and validity of documents are mainly governed by our Contracts Law, Cap. 149.
To this effect an issue worth considering arises, which is, whether, in the case of contracts or other documents that require witness signing, electronic signatures can be placed in the presence of witnesses. Additionally, can witnessing be done via webcam? This is something which is not currently permitted by law. Such contracts or documents include, among others: property lease agreements exceeding a period of one-year, certain marriage contracts, wills, promissory notes, loan and credit agreements, pledge agreements concerning a pledge over shares of a Cyprus company.
As is usual with the introduction of anything new, implementation of electronic identification and electronic signatures will require an introductory period to allow Cypriot operations to adapt to their use. It will also take time for judicial disputes to emerge on these matters.
Additionally, heavy dependence on electronic means will bring about a higher demand for cyber security which may include a requirement for the use of electronic passports. Steps such as the creation of an electronic passport are likely to meet with resistance from some sectors of society, since, whilst they are superficially equivalent to a biometric identity card, they include continuously updated real data about an individual.
Conclusion
It is clear that certain issues remain to be resolved in order for Cyprus to fully modernise and allow the use of electronic signatures for most, if not all, documents. The recent developments are promising and we have much to look forward to. Passing of the amendments for electronic identification will mark the beginning of a new era and provide the answer to the question in the title of this article.
Andrea Kallis Parparinou is Partner at Elias Neocleous & Co LLC, Demetris Gregoriou is Associate at Elias Neocleous & Co LLC
The Greens have hit out at a “scandal brewing in Paphos”, with roots in the past, concerning land originally earmarked for green areas, which the developer now wants to sell to the Bank of Cyprus to clear debts, they said.
In a long and complicated case, a well-known developer received an urban planning permit for a single development in 2008.
According to the Greens, after 13 years of inactivity, the company is now asking for 20 per cent of the green area that should be for landscaping and public use to be located in the southern part of the development and not in the original portion of 250 hectares, but rather on a piece that the developer wants to sell to Bank of Cyprus.
This would mean that there would be no green area on the ‘united development’ which was what the initial permit was issued for.
“This cannot be done legally as you have to have a percentage of green area evenly distributed on a development so that there are small green areas dotted around and not consolidated into one big piece of land far away, and then sell it,” Greens MP Charalambos Theopemptou told the Cyprus Mail on Tuesday. He said green areas do not belong to the owner of the plot but the government.
“You transfer it, and regulations on green areas are very strict and any change of use has to have the permission of the council of ministers,” he said.
The story behind the move is complicated.
In 2008, town planning issued a permit for a ‘unified development’ where a single piece of land is joined and made up of lots of smaller individual plots, owned by different people to create, in this case, a space of 1,120 hectares.
Although it was originally agricultural land without permission to build, uniting it allowed for a building factor of 6 per cent. This land was then converted into a residential area, increasing the building rates to 60-90 per cent, which at the time was a huge scandal in itself, said the Greens.
“Not only were they not supposed to build on this land but it was considered ‘united land’ and now they are asking, after 13 years of nothing and without fulfilling their obligations, that the 20 per cent green area be ‘moved’ and sold to the bank. This would mean there is no green area here, as required,” they said.
The issue was brought to parliament at the time, and there was a great deal of uproar over the conversion of an agricultural land reclamation area into a residential development area, the Greens noted.
Due to this case, the then government invented the urban term of “unified development” which it introduced in certain minimal areas of Cyprus in the local plans in order to favour specific entrepreneurs, the statement said.
“The urban tricks and alchemies of the late 2000s” were then interrupted by the global real estate crisis, the Greens added.
“The claims and derogations requested by the company smell like a distant scandal. We call on the competent services to reject the requests of the company – with the already obvious concessions – and to demand that it fulfill its obligations,” they concluded.
A proposed bill submitted before Parliament aims to enable Cypriots with no relevant license to rent speedboats – just like tourists are allowed to do, Philenews reported on Wednesday.
The bill, drafted by the Ministry of Transport, provides this amendment temporarily so as to assist speedboat rental companies which have been hit hard by the coronavirus financial consequences. It will be valid only up until May 1, 2021.
The proposed bill effectively takes out the requirements set in the previous amendment of the legislation so that it allows Cypriot holidaymakers to also rent speedboats and scooters without having the necessary permits.
With tourists being the main customers for the above businesses, they will now have to rely on domestic tourism to survive.
Safeguards will be included in the bill to ensure the renting out is safe and controlled.
Global coronavirus infections surged past 15 million on Wednesday, according to a Reuterstally, with the pandemic gathering pace even as countries remain divided in their response to the crisis.
In the United States, which has the highest number of cases in the world with 3.91 million infections, President Donald Trump warned: “It will probably, unfortunately, get worse before it gets better.”
The top five countries with the most cases is rounded out by Brazil, India, Russia and South Africa. But, the Reuters tally shows the disease is accelerating the fastest in the Americas, which account for more than half the world’s infections and half its deaths.
Globally, the rate of new infections shows no sign of slowing, according to the Reuters tally, based on official reports.
After the first COVID-19 case was reported in Wuhan, China, in early January, it took about 15 weeks to reach 2 million cases. By contrast, it took just eight days to climb above 15 million from the 13 million reached on July 13.
Health experts stress that official data almost certainly under reports both infections and deaths, particularly in countries with limited testing capacity.
The official number of coronavirus cases at 15,009,213 is at least triple the number of severe influenza illnesses recorded annually, according to World Health Organisation data, while the death toll of more than 616,000 in seven months is close to the upper range of yearly influenza deaths.
RELAX OR TIGHTEN
With the first wave of the virus still to peak in several countries and a resurgence of case numbers in others, some countries are reintroducing strict social distancing measures while others relax restrictions.
Stung by low approval ratings for his handling of the epidemic and downplaying the risks during the early stages, Trump made a significant shift in rhetoric on Tuesday, encouraging Americans to wear a face mask.
While the epidemic worsened in the United States, Trump’s focus ahead of a presidential election in November has been on reopening the economy, and governors in the hard-hit states of Texas, Florida and Georgia continue to push back hard against calls for stricter restrictions.
In Brazil, more than 2.15 million people have tested positive including President Jair Bolsonaro, and more than 81,000 people have died. While Bolsonaro has played down the outbreak, its scale has made Brazil a prime testing ground for potential vaccines.
India, the only other country with more than 1 million cases, reported almost 40,000 new cases on Wednesday. Having been keen to reopen its economy, India is now facing the twin challenge of combating the pandemic and massive flooding in the country’s northeast.
Two ministers in South Africa’s cabinet were admitted to hospital with COVID-19, as Africa’s most-industrialised country counted a total 372,628 confirmed cases and 5,173 deaths.
Other countries are reintroducing restrictions in response to fresh outbreaks.
In Spain, the number of people allowed on Barcelona’s beaches was limited after crowds flocked to the seaside over the weekend despite advice to stay home.
In Australia, residents of Melbourne, the country’s second biggest city, were ordered to wear masks in public from Wednesday after the country reported a record 501 new cases.
Officials in Canada were closely watching a spike in cases as the economy reopens, attributing the rise in part to large numbers of young people gathering in bars.
China, meanwhile, announced that passengers on inbound flights must provide negative COVID-19 test results before boarding, as authorities seek to reduce the risk of imported cases amid increased international travel.
The Irish government on Tuesday said it was planning to drop a 14-day quarantine requirement for travellers arriving from a “green list” of 15 European countries, including Cyprus.
Ireland, which has one of the lower rates of infection in the European Union with around 5 cases per 100,000 people in the past 14 days, said it had decided to drop the restriction for people coming from countries with a similar or lower rate of infection.
Arrivals into Ireland from Cyprus, Malta, Finland, Norway, Italy, Hungary, Estonia, Latvia, Lithuania, Slovakia, Greece, Greenland, Gibraltar, Monaco, and San Marino will not have to restrict their movements.
Passengers from other countries, including the United States and neighbouring Britain, are asked to restrict their movements for 14 days.
The list will be reviewed on a fortnightly basis, based on advice from officials including public health experts.
As for Cyprus which has recently reviewed its categorisation of countries, category A includes low-risk countries such as Ireland, Austria, Germany, Denmark, Greece, Estonia, Ireland, Latvia, Lithuania, Malta, Hungary, Poland, Slovakia, Slovenia, Finland.
Schengen Zone countries include Switzerland, Iceland, Lichtenstein, Norway and third countries Japan, Canada, New Zealand, South Korea.
Nicosia has warned that the list may be modified at any moment, depending on the Coronavirus situation.
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© Provided by Evening Standard Michel Barnier arrives at Downing Street for the latest round of talks (PA)
© Provided by Evening Standard Frost and Barnier (file photo) (Photo by OLIVIER HOSLET/POOL/AFP via Getty Images) (POOL/AFP via Getty Images)
© Provided by Evening Standard Brexit negotiator, David Frost, Boris Johnson and Michael Gove take part in a video call with EU members (file photo)(10 Downing Street/AFP via Getty)
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© Provided by Evening Standard Michel Barnier arrives at Downing Street for the latest round of talks (PA)![David Frost, Michel Barnier are posing for a picture: Frost and Barnier (file photo) (Photo by OLIVIER HOSLET/POOL/AFP via Getty Images) (POOL/AFP via Getty Images)]({"default":{"load":"default","w":"80","h":"53","src":"//img-s-msn-com.akamaized.net/tenant/amp/entityid/BB139in3.img?h=533&w=799&m=6&q=60&o=f&l=f&x=1207&y=388"},"size3column":{"load":"default","w":"62","h":"42","src":"//img-s-msn-com.akamaized.net/tenant/amp/entityid/BB139in3.img?h=416&w=624&m=6&q=60&o=f&l=f&x=1207&y=388"},"size2column":{"load":"default","w":"62","h":"42","src":"//img-s-msn-com.akamaized.net/tenant/amp/entityid/BB139in3.img?h=416&w=624&m=6&q=60&o=f&l=f&x=1207&y=388"}})
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