Corrigendum to Council Regulation (EC) No 866/2004 of 29 April 2004 on a regime under Article 2 of Protocol 10 to the Act of Accession (OJ L 161, 30.4.2004)
Date: 2004-06-09
Institutions: Council of the European Union
Subjects: Cyprus, accession to the European Union, border control, customs regulations

9.6.2004

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Corrigendum to Council Regulation (EC) No 866/2004 of 29 April 2004 on a regime under Article 2 of Protocol
10 to the Act of Accession

(Official Journal of the European Union L 161 of 30 April 2004)

Regulation (EC) No 866/2004 should read as follows:

COUNCIL REGULATION (EC) No 866/2004

of 29 April 2004

on a regime under Article 2 of Protocol 10 to the Act of Accession

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 Protocol 3 on the Sovereign Base Areas of the
United Kingdom of Great Britain and Northern Ireland in
Cyprus (2) to the said Act of Accession, and in particular Article
6 thereof,

Having regard to the proposal from the Commission, (3)

Whereas:

(1)

(2)

(3)

The European Council has repeatedly underlined its
strong preference for accession by a reunited Cyprus.
Regrettably, a comprehensive settlement has not yet
been reached. In conformity with paragraph 12 of the
conclusions of the European Council in Copenhagen, the
Council on 26 April 2004 outlined its position on the
current situation on the island.

Pending a settlement, the application of the acquis upon
accession has therefore been suspended pursuant
to
Article 1(1) of Protocol 10, in the areas of the Republic
of Cyprus in which the Government of the Republic of
Cyprus does not exercise effective control.

Pursuant to Article 2(1) of Protocol 10, this suspension
makes it necessary to provide for the terms under which
the relevant provisions of EU law shall apply to the line
between the abovementioned areas and those areas in
which the Government of the Republic of Cyprus exer-
cises effective control. In order to ensure the effective-
ness of these rules, their application has to be extended
to the boundary between the areas in which the Govern-
ment of the Republic of Cyprus does not exercise effec-
tive control and the Eastern Sovereign Base Area of the
United Kingdom of Great Britain and Northern Ireland.

(4)

Since the abovementioned line does not constitute an
external border of the EU, special rules concerning the

crossing of goods, services and persons need to be estab-
lished, the prime responsibility for which belongs to the
Republic of Cyprus. As the abovementioned areas are
temporarily outside the customs and fiscal territory of
the Community and outside the area of freedom, justice
and security, the special rules should secure an equiva-
lent standard of protection of the security of the EU
with regard to illegal immigration and threats to public
order, and of its economic interests as far as the move-
ment of goods is concerned. Until sufficient information
is available with regard to the state of animal health in
the movement of animals
the abovementioned areas,
and animal products will be prohibited.

(5)

(6)

Article 3 of Protocol 10 explicitly states that measures
promoting economic development
in the abovemen-
tioned areas are not precluded by the suspension of the
acquis. This regulation is intended to facilitate trade and
other links between the abovementioned areas and those
the Republic of
areas in which the Government of
Cyprus exercises effective control, whilst ensuring that
appropriate standards of protection are maintained as set
out above.

Regarding persons, the policy of the Government of the
Republic of Cyprus currently allows the crossing of the
line by all citizens of the Republic, EU citizens and third-
country nationals who are legally residing in the
northern part of Cyprus, and by all EU citizens and third
country nationals who entered the island through the
Government Controlled Areas.

(7) While taking into account the legitimate concerns of the
Government of the Republic of Cyprus, it is necessary to
enable EU citizens to exercise their rights of free move-
ment within the EU and set the minimum rules for
carrying out checks on persons at the line and to ensure
the effective surveillance of it, in order to combat the
illegal immigration of third country nationals as well as
any threat to public security and public policy. It is also
necessary to define the conditions under which third-
country nationals are allowed to cross the line.

(1) OJ L 236, 23.9.2003, p. 955.
(2) OJ L 236, 23.9.2003, p. 940.
(3) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by the

2003 Act of Accession.

(8)

Regarding checks on persons, this Regulation should not
affect the provisions laid down in Protocol 3, and in par-
ticular Article 8 thereof.

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This Regulation does not affect in any way the mandate
of the United Nations in the buffer zone.

shall also be carried out on vehicles and objects in the posses-
sion of persons crossing the line.

(9)

(10)

Since any change in the policy of the Government of the
Republic of Cyprus with regard to the line may pose
problems of compatibility with the rules established by
this Regulation, such changes should be notified to the
Commission, prior to their entry into force, in order to
allow it to take the appropriate initiatives so as to avoid
inconsistencies.

(11)

The Commission should also be allowed to amend
Annexes I, and II to this Regulation with a view to
responding to changes which may occur and require
immediate action,

HAS ADOPTED THIS REGULATION:

TITLE I

GENERAL PROVISIONS

Article 1

Definitions

All persons shall undergo at least one such check in order

2.
to establish their identity.

Third-country nationals shall only be allowed to cross the

3.
line provided they:

(a) possess either a residence permit issued by the Republic of
Cyprus or a valid travel document and, if required, a valid
visa for the Republic of Cyprus, and

(b) do not
security.

represent a threat

to public policy or public

4.
The line shall be crossed only at crossing points
authorised by the competent authorities of the Republic of
Cyprus. A list of these crossing points is laid down in Annex I.

5.
Checks on persons at the boundary between the Eastern
Sovereign Base Area and the areas not under effective control
of the Government of the Republic of Cyprus shall be carried
out in accordance with Article 5(2) of Protocol 3 to the Act of
Accession.

Article 3

Surveillance of the line

For the purpose of this Regulation the following definitions
shall apply:

1. the term ‘line’ means:

Effective surveillance shall be carried out by the Republic of
Cyprus all along the line, in such a way as to discourage people
from circumventing checks at the crossing points referred to in
Article 2(4).

(a) for the purpose of checks on persons, as defined in
Article 2, the line between the areas under the effective
control of the Government of the Republic of Cyprus
and those areas in which the Government of
the
Republic of Cyprus does not exercise effective control;

(b) for the purpose of checks on goods, as defined in
the line between the areas in which the
Article 4,
Government of the Republic of Cyprus does not exercise
effective control and both those areas in which the
Government of the Republic of Cyprus exercises effec-
tive control and the Eastern Sovereign Base Area of the
United Kingdom of Great Britain and Northern Ireland;

2. the term ‘third-country national’ means any person who is
not a citizen of the Union within the meaning of Article
17(1) of the EC Treaty.

References in this Regulation to areas in which the Government
of the Republic of Cyprus does not exercise effective control
are to areas within the Republic of Cyprus only.

TITLE II

CROSSING OF PERSONS

Article 2

Check on Persons

The Republic of Cyprus shall carry out checks on all
1.
persons crossing the line with the aim to combat illegal immi-
gration of third-country nationals and to detect and prevent
any threat to public security and public policy. Such checks

TITLE III

CROSSING OF GOODS

Article 4

Treatment of goods arriving from the areas not under the
effective control of the Government of the Republic of
Cyprus

1. Without prejudice to Article 6, goods may be introduced
in the areas under the effective control of the Government of
the Republic of Cyprus, on condition that they are wholly
obtained in the areas not under effective control of the Govern-
ment of the Republic of Cyprus or have undergone their last,
substantial, economically justified processing or working in an
undertaking equipped for that purpose in the areas not under
the effective control of the Government of the Republic of
Cyprus within the meaning of Articles 23 and 24 of Council
Regulation (EEC) No 2913/92 (1).

2.
These goods shall not be subject to customs duties or
charges having equivalent effect, nor to a customs declaration,
provided that they are not eligible for export refunds or inter-
In order to ensure effective controls, the
vention measures.
quantities crossing the line shall be registered.

3.
The goods shall cross the line only at the crossing points
listed in Annex I and the crossing points of Pergamos and Stro-
vilia under the authority of the Eastern Sovereign Base Area.

(1) OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive

2004/15/EC (OJ L 52, 21.2.2004, p. 61).

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The goods shall be subject

4.
to the requirements and
undergo the checks as required by Community legislation as set
out in Annex II.

5.
Goods shall be accompanied by a document issued by the
Turkish Cypriot Chamber of Commerce, duly authorised for
that purpose by the Commission in agreement with the
Government of the Republic of Cyprus, or by another body so
authorised in agreement with the latter. The Turkish Cypriot
Chamber of Commerce or other duly authorised body will
maintain records of all such documents issued to enable the
Commission to monitor the type and volume of goods crossing
the line as well as their compliance with the provisions of this
Article.

After the goods have crossed the line into the areas under
6.
the effective control of the Government of the Republic of
Cyprus, the competent authorities of the Republic of Cyprus
shall check the authenticity of the document referred to in
paragraph 5 and whether it corresponds with the consignment.

7.
The Republic of Cyprus shall treat the goods referred to
in paragraph 1 as not being imported within the meaning of
Article 7(1) of Council Directive 77/388/EEC (1) and Article 5
of Council Directive 92/12/EEC (2), provided the goods are
destined for consumption in the Republic of Cyprus.

Article 5

Goods sent to the areas not under the effective control of
the Government of the Republic of Cyprus

1.
Goods which are allowed to cross the line shall not be
subject to export formalities. However, the necessary equivalent
documentation shall be provided,
in full respect of Cypriot
internal legislation, by the authorities of the Republic of Cyprus
upon request.

No export refund shall be paid for agricultural and

2.
processed agricultural goods when crossing the line.

The supply of goods shall not be exempt under Article

3.
15(1) and (2) of Directive 77/388/EEC.

4.
The movement of goods, the removal or export of which
from the customs territory of the Community is prohibited or
subject to authorisation, restrictions, duties or other charges on
export by Community law, shall be prohibited.

Article 6

Paragraph 7 shall not have any effect on the European

8.
Communities' own resources accruing from VAT.

Facilities for persons crossing the line

The movement of

9.
across the line shall be prohibited.

live animals and animal products

10.
The authorities of the Eastern Sovereign Base Area may
maintain the traditional supply of the Turkish Cypriot popula-
tion of the village of Pyla with goods coming from the areas
which are not under the effective control of the Government of
the Republic of Cyprus. They shall strictly supervise the quanti-
ties and nature of the goods in view of their destination.

11.
Goods complying with the conditions set out in para-
graphs 1 to 10 shall have the status of Community goods,
within the meaning of Article 4(7) of Regulation (EEC) No
2913/92.

12.
This Article shall apply immediately as from 1 May
2004 to goods wholly obtained in the areas not under the
effective control of the Government of the Republic of Cyprus
and complying with Annex II. In respect of other goods, the
full implementation of this Article shall be subject to specific
rules that take full account of the particular situation in the
island of Cyprus on the basis of a Commission decision to be
adopted as soon as possible and at
the latest within two
months of the adoption of this Regulation. For such purpose,
the Commission shall be assisted by a Committee and Articles
3 and 7 of Council Decision 1999/468/EC (3) shall apply.

(1) OJ L 76, 23.3.1992, p. 1. Directive as last amended by Regulation

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(2) OJ L 184, 17.7.1999, p. 23.
(3) OJ L 133, 4.6.1969, p. 6. Directive as last amended by Directive

2000/47/EC (OJ L 193, 29.7.2000, p. 73).

Council Directive 69/169/EEC shall not apply, but goods
contained in the personal luggage of persons crossing the line,
including a maximum of 20 cigarettes and 1/4 litre of spirits,
shall be exempt from turnover tax and excise duty provided
they have no commercial character and their total value does
not exceed EUR 30 per person. Exemptions from turnover tax
and excise duty on tobacco products and alcoholic beverages
shall not be granted to persons crossing the line under 17 years
of age.

TITLE IV

SERVICES

Article 7

Taxation

To the extent that services are supplied across the line to and
from persons established or having their permanent address or
usual residence in the areas of the Republic of Cyprus which
are not under the effective control of the Government of the
Republic of Cyprus, these services shall for VAT purposes be
deemed to have been supplied or received by persons estab-
lished or having their permanent address or usual residence in
the areas of the Republic of Cyprus under the effective control
of the Government of the Republic of Cyprus.

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TITLE V

FINAL PROVISIONS

Article 8

Implementation

The authorities of the Republic of Cyprus and the authorities of
the Eastern Sovereign Base Area in Cyprus shall take all appro-
priate measures in order to ensure full compliance with the
provisions of this Regulation and to prevent any circumvention
of them.

Article 9

Adaptation of Annexes

to this Regulation. Prior
the Commission shall consult

The Commission may, in agreement with the Government of
Cyprus amend the Annexes
to
the
amending the Annexes,
Turkish Cypriot Chamber of Commerce or other body duly
authorized by the Government of the Republic of Cyprus as
referred to in Article 4(5), as well as the United Kingdom if the
Sovereign Base Areas are affected. When amending Annex II
the Commission shall follow the appropriate procedure referred
to in the relevant Community legislation relating to the matter
being amended.

Article 10

Change of policy

Any change in the policy of the Government of the Republic
of Cyprus on crossings of persons or goods shall only become
effective after the proposed changes have been notified to the
Commission and the Commission has not objected to these
changes within one month. If appropriate, and after consulta-
tion with the United Kingdom if the Sovereign Base Areas are
affected, the Commission may propose modifications to this
Regulation in order to secure compatibility of national and EU
rules applicable to the line.

Article 11

Review and monitoring of the Regulation

1. Without prejudice to Article 4(12), the Commission shall
report to the Council on an annual basis, starting not later than
one year after the date of entry into force of this Regulation,
on the implementation of the Regulation and the situation
resulting from its application, attaching to this report suitable
proposals for amendments if necessary.

2.
The Commission shall examine in particular the applica-
tion of Article 4 of this Regulation and the patterns of trade
between the areas under the effective control of the Govern-
ment of the Republic of Cyprus and the areas not under its
effective control, including the volume and value of trade and
products traded.

3.
Any Member State may request the Council to invite the
Commission to examine and report back to it within a specified
time frame on any matter of concern arising from the applica-
tion of this Regulation.

4.
In the event of an emergency creating a threat or risk to
public or animal and plant health, the appropriate procedures
as set out in EU legislation in Annex II shall apply. In the event
of other emergencies or where other irregularities or excep-
tional circumstances arise which require immediate action, the
Commission may in consultation with the Government of the
Republic of Cyprus apply forthwith such measures as are
strictly necessary to remedy the situation. The measures taken
shall be referred to the Council within 10 working days. The
Council may, acting by qualified majority vote, amend, modify
or annul the measures taken by the Commission within 21
working days from the date of receipt of notification from the
Commission.

5.
Any Member State may invite the Commission to provide
details of the volume, value and products crossing the line to
the appropriate standing or management committee, provided
it gives one month's notice of its request.

Article 12

Entry into force

This Regulation shall enter into force on the day of accession
of Cyprus to the European Union.

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

Done at Luxembourg, 29 April 2004.

For the Council

The President

M. McDOWELL

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ANNEX I

List of crossing points referred to in Article 2(4)

— Ledra Palace

— Agios Dhometios

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ANNEX II

Requirements and checks referred to in Article 4(4)

— Veterinary, phytosanitary and food safety requirements and checks as set out in measures adopted pursuant to
Article 37 (former Article 43) and/or Article 152(4)(b) of the EC Treaty. In particular, relevant plants, plant products
and other objects shall have undergone phytosanitary checks by duly authorised experts to verify that the provisions
of EU phytosanitary legislation (Council Directive 2000/29/EC (1)) are complied with before they cross the line to the
areas under the effective control of the Republic of Cyprus.

(1) OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2004/31/EC (OJ L 85, 23.3.2004, p. 18).