# EUR-Lex - 52013PC0274 - EN

*|*

# 52013PC0274

**Proposal for a COUNCIL REGULATION amending Council Regulation (EC) No 866/2004 on a regime under Article 2 of Protocol 10 to the Act of Accession as regards goods which are taken out of the areas under the effective control of the Government of the Republic of Cyprus and taken back into them after passing through the areas not under the effective control of the Government of the Republic of Cyprus /* COM/2013/0274 final - 2013/0147 (NLE) */**

			*

			*

EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

By Regulation No 866/2004 (hereinafter
"the Green line regulation"), the Council established a regime under
Article 2 of Protocol 10 to the Act of Accession 2003 which provides for
special rules concerning goods, services and persons crossing the line between
those areas of the Republic of Cyprus in which the Government of the Republic
of Cyprus does not exercise effective control and those areas in which the
Government of the Republic of Cyprus exercises effective control.

Annex I to the Green Line Regulation
provides a list of approved crossing points. Over the years, the increasing
number of approved crossing points has resulted in a rising number of
crossings.

The present amendment purports to regulate
the movement of goods which are taken out of the areas under the effective
control of the Government of the Republic of Cyprus and taken back into them through
the crossing points mentioned in Annex I after having passed through the areas
not under the effective control of the Government of the Republic of Cyprus.
The amendment aims in particular to enable farmers from the remote Kato Pyrgos
area to bring their products to the market in Nicosia in much less time than
before the opening of the Kato Pyrgos-Karavostasi crossing point.

2.           LEGAL ELEMENTS OF THE
PROPOSAL

The present amendment lays down provisions
applying to goods taken out of the areas under the
effective control of the Government of the Republic of Cyprus and taken back
into them after passing through the areas not under the effective control of
the Government of the Republic of Cyprus.

The responsibility for checks at the
crossing points rests with the authorities of the Republic of Cyprus. This amendment regulates the way in which these checks are to be carried out, which
documents are to be presented and the time span allowed between the moment the
goods are taken out of the areas in which the Government of the Republic of Cyprus exercises effective control and the moment where they are taken back
into them

The provisions of this Regulation ensure a
high level of protection of human and animal health by prohibiting the movement
of live animals and by laying down requirements for the allowed movement of animal products. They also define
the measures that the competent authorities of the Republic of Cyprus should take when, on the basis of the relevant information at their disposal and taking
account of the need to ensure a high level of protection of human and animal
health, they consider that the time span mentioned in the previous recital has
been considerably exceeded.

2013/0147 (NLE)

Proposal for a

COUNCIL REGULATION

amending Council Regulation (EC) No
866/2004 on a regime under Article 2 of Protocol 10 to the Act of Accession as
regards goods which are taken out of the areas under the effective control of
the Government of the Republic of Cyprus and taken back into them after passing
through the areas not under the effective control of the Government of the
Republic of Cyprus

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Protocol 10 on Cyprus to
the Act concerning the conditions of accession of the
Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic
of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic
and the adjustments to the Treaties on which the European Union is founded[1], and in particular Article 2 thereof,

Having regard to the proposal from the European
Commission[2],

Whereas:

(1)       Council
Regulation (EC) No 866/2004[3]
lays down special rules concerning goods, services and persons crossing the
line between the areas in which the Government of the Republic of Cyprus does not exercise effective control and those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus exercises effective control.

(2)       Annex I to Regulation (EC)
No 866/2004 provides a list of approved crossing points between the areas in
which the Government of the Republic of Cyprus does not exercise effective
control and those areas in which the Government of the Republic of Cyprus exercises effective control. Over the years, the number of approved crossing points
increased, resulting in a rising number of crossings.

(3)       In order to ease the life
of citizens living in remote areas of Cyprus, it is necessary to regulate the
movement of goods taken out of the areas under the effective control of the
Government of the Republic of Cyprus and taken back into them through the
crossing points mentioned in Annex I to Regulation (EC) No 866/2004, after
passing through the areas in which the Government of the Republic of Cyprus
does not exercise effective control.

(4)       In order to ensure that
the goods transported are Union goods, that the goods taken back into the areas
in which the Government of the Republic of Cyprus exercises effective control
were taken out of these areas and that a high level of protection of human and
animal health is maintained, in so far as the responsibility for checks at the
crossing points rests with the competent authorities of the Republic of Cyprus,
it is necessary to regulate the way in which these checks are to be carried
out, which documents are to be presented and the time span allowed between the
moment the goods are taken out of the areas in which the Government of the
Republic of Cyprus exercises effective control, and the moment they are taken
back into those areas.

(5)       Strict criteria should be
foreseen for the movement of goods provided for in this Regulation in order to
ensure a high level of protection of human and animal health. In particular, to
that end, the movement of live animals should be prohibited and the movement of
animal products should be submitted to clear rules, including the requirement
that the movement through the areas, subject to a certain margin of
flexibility, should be limited to the time necessary for the transportation
distance concerned.

(6)       Regulation (EC) No
866/2004 should therefore be amended accordingly

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 866/2004 is amended as
follows:

(1)
The following Article 5a is inserted in Title III:

"Article 5a

Treatment of goods which are taken out
of the areas under the effective control of the Government of the Republic of
Cyprus and taken back into them after passing through the areas not under the
effective control of the Government of the Republic of Cyprus.

(1)
Without prejudice to Articles 4, 4a and 6, Union
goods may be taken out of the areas under the effective control of the
Government of the Republic of Cyprus and taken back into them after passing
through the areas of the Republic of Cyprus not under the effective control of
the Government of the Republic of Cyprus, subject to the following
requirements:

(a)
Whoever transports those goods shall present to
the competent authorities of the Republic of Cyprus appropriate documentation to
establish that they are Union goods at the crossing point where the goods are taken
out of the areas under the effective control of the Government of the Republic of Cyprus. That documentation shall include an invoice, a transport document or
an equivalent document. In cases where it is not possible to present such
documentation, because the goods are of the production of the person transporting
them, a declaration that the goods are Union goods shall be presented to the
competent authorities of the Republic of Cyprus.

(b)
Except when the goods are destined for personal
use, the documentation accompanying them shall contain at least the full name
and address of the consignor, or the declarant where consignor and declarant
are not the same, the quantity and kind as well as the marks and numbers of the
packages, a description of the goods, the gross mass in kilograms and, where
necessary, the container numbers.

(c)
Whoever transports these goods shall designate
the crossing point which is intended to be used for taking them back into the
areas under the effective control of the Government of the Republic of Cyprus and
shall inform thereof the competent authorities of the Republic of Cyprus at the
crossing point where the goods are taken out of the areas under the effective
control of the Government of the Republic of Cyprus.

(d)
When considered necessary by the competent
authorities of the Republic of Cyprus, consignments or means of transport shall
be sealed at the crossing point where the goods are taken out of the areas
under the effective control of the Government of the Republic of Cyprus.

(e)
When the goods are taken back into the areas
under the effective control of the Government of the Republic of Cyprus after
passing through the areas not under the effective control of the Government of
the Republic of Cyprus, whoever transports these goods shall present to the
competent authorities of the Republic of Cyprus at the crossing point where the
goods are taken back into the areas under the effective control of the
Government of the Republic of Cyprus the same documentation as used at the
crossing point where the goods were taken out of the areas under the effective control
of the Government of the Republic of Cyprus.

(f)
The goods shall be taken out and taken back into
the areas under effective control of the Government of the Republic of Cyprus
at the crossing points listed in Annex I and within a reasonable time span
determined by the competent authorities of the Republic of Cyprus taking into account the acceptable total
time of transportation, considering the total transportation distance.

(g)
The competent authorities of the Republic of
Cyprus shall check the documentation and if appropriate the goods and their
seals, whether the goods taken back into the areas under the effective control
of the Government of the Republic of Cyprus correspond to the documentation
used at the crossing point where the goods were taken out of the areas under
the effective control of the Government of the Republic of Cyprus and whether
the requirements in point (f) were respected.

(h)
In case of failure to comply with the requirements
in points (a) to (g) the goods shall not be allowed to be taken back into to
the areas under the effective control of the Government of the Republic of
Cyprus unless an assessment of the risk involved has been carried out and
effective, proportionate and targeted measures based upon this assessment have been
adopted. Those goods shall be subject to confiscation by the customs
authorities of the Republic of Cyprus

(2)
In accordance with Article 4(9), the return of
live animals which are subject to Union veterinary requirements shall be
prohibited.

(3)
Consignments of animal products which are
subject to Union veterinary requirements may be taken out
of the areas under the effective control of the Government of the Republic of Cyprus and be taken back into them after passing through the areas not under the
effective control of the Government of the Republic of Cyprus.

The competent authorities of the Republic of
Cyprus shall ensure that consignments of animal products are not allowed to
return to the areas in which the Government of the Republic of Cyprus exercises
effective control where the total time of transportation considerably exceeds
the acceptable total time of transportation, considering the total
transportation distance, unless the competent veterinary authority has carried
out an assessment of the risks to animal and public health and has adopted
effective, proportional and targeted measures based on that assessment.

The Republic of Cyprus shall regularly and as
necessary inform the Commission of any non-compliance with provisions of this
paragraph and of any measures taken to address it.

(4)
The goods referred to in the paragraphs 1 to 3 shall
not be subject to further customs formalities.

The competent customs authorities of the
Republic of Cyprus may however perform effective risk analysis and customs security
checks according to the applicable legal provisions, on the basis of the
documentation concerning the goods being transported;

The crossing points listed in Annex I shall be fully
equipped, staffed and in every other way prepared to enforce the provisions in
paragraphs 1 to 3."

(2) In Article 11,
paragraph 2 is replaced by the following:

"2. The Commission shall monitor the
application of Articles 4 and 5a of this Regulation and the patterns of trade
between the areas under the effective control of the Government of the Republic of Cyprus and the areas not under its effective control, including the volume
and value of trade and products traded. The Republic of Cyprus shall collect
data and communicate it to the Commission for this purpose on a monthly
basis."

Article 2

This Regulation shall enter into force on
the twentieth day following that of its publication in the Official Journal
of the European Union.

This Regulation shall be binding
in its entirety and directly applicable in all Member States.

Done at Brussels,

For
the Council

The
President

[1]               OJ L 236, 23.9.2003, p. 955.

[2]               COM(2013)...

[3]               OJ L 161, 30.4.2004, p. 128.