amending Regulation (EC) No 866/2004 on a regime under Article 2 of Protocol 10 to the Act of Accession as regards goods covered by quality schemes for agricultural products and foodstuffs

EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

Council Regulation (EC) No 866/2004 ("the Green Line Regulation") lays down special rules concerning goods, services and persons crossing the line between the areas of the Republic of Cyprus 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.

Regulation (EU) No 1151/2012 of the European Parliament and of the Council lays down a regime on quality schemes for agricultural products and foodstuffs, from which the covered products may benefit when placed in the EU market.

The present amendment establishes the manner in which, pending the reunification of Cyprus, the control mechanism regarding goods covered by Regulation (EU) No 1151/2012 for which the geographical scope includes areas of the Republic of Cyprus where the Government of the Republic of Cyprus does not exercise effective control would be applied in the said areas.

At this stage, the present amendment will only cover Halloumi/Hellim for which the Commission has received an application for the registration as a Protected Designation of Origin. For this purpose, the present amendment takes into account and it is based on the Common Understanding on a temporary solution for Halloumi/Hellim, to be implemented pending the reunification of Cyprus, reached under the guidance of President Juncker during his visit to Cyprus last 16 July 2015. However, the present amendment will equally apply to other possible future applications for the registration of names under Regulation (EU) No 1151/2012 for which the geographical scope includes areas of the Republic of Cyprus where the Government of the Republic of Cyprus does not exercise effective control.

2. RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The Commission has consulted with the Government of the Republic of Cyprus and has received input from numerous stakeholders.

3. LEGAL ELEMENTS OF THE PROPOSAL

The Regulation lies down that, with regard to goods covered by a name registered under Regulation (EU) No 1151/2012 of the European Parliament and of the Council laying down a regime on quality schemes for agricultural products and foodstuffs, and for which the geographical scope includes areas of the Republic of Cyprus where the Government of the Republic of Cyprus does not exercise effective control, a control body pursuant to Article 39(1) of that Regulation for the purpose of carrying out those tasks in the areas of the Republic of Cyprus where the Government of the Republic of Cyprus does not exercise effective control shall perform the tasks foreseen in this Article.

2015/0165 (NLE)

Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 866/2004 on a regime under Article 2 of Protocol 10 to the Act of Accession as regards goods covered by quality schemes for agricultural products and foodstuffs

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Protocol No 10 on Cyprus to the 2003 Act of Accession, and in particular Article 2 thereof,

Having regard to the proposal from the European Commission,

Acting in accordance with a special legislative procedure,