Proposal for a Council Regulation on special conditions for trade with those areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control
Date: 2004-07-07
Institutions: European Commission
Subjects: Cyprus, accession to the European Union, tariff preference, tariff quota, trading operation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.7.2004 
COM(2004) 466 final 

2004/0148 (ACC) 

Proposal for a 

COUNCIL REGULATION 

on special conditions for trade with those areas of the Republic of Cyprus  
in which the Government of the Republic of Cyprus does not exercise effective control 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  European  Council  has  repeatedly  underlined  its  strong  preference  for  accession  by  a 
reunited Cyprus. As yet a comprehensive settlement has not been reached. 

“The  Comprehensive  Settlement  of  the  Cyprus  Problem”  as  finalised  by  UN  Secretary-
General  Kofi  Annan  was  approved  by  the  Turkish  Cypriot  electorate  at  the  separate 
simultaneous  referenda  on  24  April  2004.  In  view  of  the  Turkish  Cypriot  vote  the  UN 
Secretary-General,  reporting  on  his  mission  of  good  offices  in  Cyprus1,  expressed  his  hope 
that  the  Members  of  the  UN  Security  Council  “can  give  a  strong  lead  to  all  States  to 
cooperate  both  bilaterally  and  in  international  bodies  to  eliminate  unnecessary  restrictions 
and  barriers  that  have  the  effect  of  isolating  the  Turkish  Cypriots  and  impeding  their 
development” (para. 93). 

Following the outcome of the referenda the Council stated on 26 April 2004:  

“The  Turkish  Cypriot  community  have  expressed  their  clear  desire  for  a  future  within  the 
European  Union.  The  Council  is  determined  to  put  an  end  to  the  isolation  of  the  Turkish 
Cypriot community and to facilitate the reunification of Cyprus by encouraging the economic 
development of the Turkish Cypriot community. The Council invited the Commission to bring 
forward  comprehensive  proposals  to  this  end,  with  particular  emphasis  on  the  economic 
integration of the island and on improving contact between the two communities and with the 
EU.” 

The  attached  draft  proposal  for  a  Council  Regulation  takes  up  the  invitation  of  the  Council 
and  puts  forward  an  important  measure  for  putting  an  end  to  the  economic  isolation  of  the 
Turkish Cypriot community as it facilitates trade between the northern part of Cyprus and the 
EU Customs Territory.  

The draft proposal offers a preferential regime for products entering the Customs Territory of 
the EU and contains inter alia detailed rules concerning the documents which would certify 
the origin of goods and which would be issued by the Turkish Cypriot Chamber of Commerce 
or another duly authorised body, phytosanitary inspection, food and product safety, taxation 
issues,  communication  obligations,  and  safeguard  measures  in  the  event  of  ineffective 
cooperation, irregularities or fraud. It is proposed that the preferential regime take the form of 
a  tariff  quota  system  which  should  be  established  with  a  view  to  encouraging  economic 
development while avoiding the creation of artificial trade patterns or facilitating fraud. 

It should be noted that this Regulation covers trade and not other issues such as transport. This 
Regulation  is  therefore  without  prejudice  to  the  requirements  which  have  to  be  fulfilled  in 
order  to  comply  with  the  international  rules  on  security  and  safety  of  maritime  and  air 
transport. Moreover to the extent that special conditions are not determined, the general rules 
governing  the  Community’s  external  trade  are  applicable,  including  for  example  Council 
Regulation  (EEC)  No  339/93  concerning  controls  of  imported  goods  for  the  purpose  of 
ensuring product safety. 

1 

Report  of  the  Secretary-General  on  his  mission  of  good  offices  in  Cyprus  of  28  May  2004, 
UN Doc S/2004/437. 

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The  legal  basis  for  this  Regulation  can  only  be  Article  133  EC.  Cyprus  in  its  full  territory 
became a Member State on 1 May 2004. However, the acquis is suspended in the areas not 
under effective control of the Government of the Republic of Cyprus (the “Areas”) according 
to  Article  1(1)  of  Protocol  10  of  the  Act  of  Accession.  This  means  inter  alia  that  the 
Community's  customs  code  which  defines  the  EC  customs  territory  is  not  applicable  in  the 
“Areas”.  Consequently,  trade  with  the  Areas  follows  the  rules  applicable  to  third  countries. 
This situation is not unique. There are other territories of the EU which are not included in the 
EC  customs  territory.  For  Ceuta,  Melilla  and  Gibraltar,  apart  from  special  rules,  trade  rules 
based  on  Article  133  EC  exist,  whilst  for  Büsingen,  Campione  d'Italia  and  Helgoland  the 
relevant third country rules apply generally. 

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2004/0148 (ACC) 

Proposal for a 

COUNCIL REGULATION 

on special conditions for trade with those areas of the Republic of Cyprus  
in which the Government of the Republic of Cyprus does not exercise effective control 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article133 thereof, 

Having regard to the proposal from the Commission,2 

Whereas: 

(1) 

(2) 

(3) 

The European Council has repeatedly underlined its strong preference for accession by 
a reunited Cyprus. As yet a comprehensive settlement has not been reached. Having in 
mind  that  the  Turkish  Cypriot  community  in  the  referendum  on  a  comprehensive 
settlement  of  the  Cyprus  problem  as  proposed  by  the  UN  Secretary  General  has 
expressed its clear desire for a future within  the  European Union, the Council on 26 
April  2004  expressed  its  determination  to  put  an  end  to  the  isolation  of  the  Turkish 
Cypriot  community  and  to  facilitate  the  reunification  of  Cyprus  by  encouraging  the 
economic  development  of  the  Turkish  Cypriot  community.  The  Council  invited  the 
Commission to bring forward comprehensive proposals to this end. 

Pending  a  settlement,  the  application  of  the  acquis  has  been  suspended  pursuant  to 
Article  1(1)  of  Protocol  No  10  of  the  Act  of  Accession  20033  in  the  areas  of  the 
Republic  of  Cyprus  in  which  the  Government  of  the  Republic  of  Cyprus  does  not 
exercise effective control, hereafter referred to as “the Areas”. 

Pursuant to Article 3(1) of Protocol No 10, measures to promote the development of 
the Areas are not precluded by the suspension of the acquis. The development of trade 
with the Areas would contribute to the process of economic development of the above-
mentioned  Areas.  Special  rules  to  facilitate  trade  between  those  areas  and  Member 
States  other  than  Cyprus  may  therefore  be  devised.  They  should  not  undermine  the 
standard  of  safety  protection  in  the  EU,  in  particular  the  EC  rules  on  health,  safety, 
environmental  and  consumer  protection  and  on  the  prohibition  on  the  bringing  in  of 
counterfeit  and  pirated  goods,  or  lead  to  unacceptable  risks  to  plant  health  in  the 
Community and should not harm its economic interests. 

2 
3 

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

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

The Commission should determine annual tariff quotas for products in such a way as 
to encourage the development of trade, while avoiding the creation of artificial trade 
patterns or facilitating fraud. 

In the interest of safeguarding Community interests, the measures should in particular 
be accompanied by provisions allowing for their temporary or permanent withdrawal, 
in  whole  or  in  part,  in  cases  where  fraud  or  other  irregularities  are  suspected  or 
established. 

Until adequate veterinary and public health standards are achieved, the movement of 
animals and animal products should be prohibited. 

Entitlement  to  benefit  from  these  measures  is  conditional  on  the  involvement  of  the 
Turkish  Cypriot  Chamber  of  Commerce  or  any  other  body  duly  authorized  for  that 
purpose  by  the  Commission,  in  effective  cooperation  with  the  Commission  and  the 
customs  authorities  of  the  Member  States  in  order  to  prevent  any  risk  of  fraud.  This 
authorisation should be subject to prior written commitments by the authorized body 
and should be revoked if this body fails to fulfil one or more of these commitments in 
such a way as to endanger the correct application of this Regulation. 

The provisions of this Regulation, in particular when terms taken from the acquis are 
used  should  be  interpreted  in  the  light  of  the  special  circumstances  prevailing  in  the 
Areas. 

Certain provisions of Council Regulation (EEC) No 2913/924, Commission Regulation 
(EEC)  No  2454/935  and  Commission  Regulation  (XX)  on  the  implementation  of 
Article  4  of  Council  Regulation  (EC)  No  866/20046  ought  also  to  apply  in  the 
framework of this Regulation. 

(10)  These  arrangements  should  be  reviewed  in  light  of  the  experience  gained  in  the 

implementation of this Regulation. 

(11)  To  the  extent  that  this  Regulation  does  not  determine  special  conditions,  the  general 

rules governing the Community’s external trade are applicable.  

(12)  This Regulation is without prejudice to the requirements which have to be fulfilled in 
order to comply with the international rules on the security and safety of maritime and 
air transport.  

(13)  The measures are part of the abovementioned comprehensive proposals in a response 
to  a  specific  situation  in  Cyprus.  They  will  not  constitute  a  precedent  for  the 
Community’s trade policy, 

4 
5 
6 

OJ L 302, 19.10.1992, p. 1. 
OJ L 253, 11.10.1993, p. 1. 
OJ L […], […], p. […]. 

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HAS ADOPTED THIS REGULATION: 

1. 

2. 

3. 

4. 

5. 

6. 

Article 1 
Treatment of goods arriving from the Areas 

Products that, within the meaning of Articles 23 and 24 of Council Regulation (EEC) 
No  2913/92, originate  in  the  Areas and are transported directly  there  from,  may  be 
released  for  free  circulation  into  the  customs  territory  of  the  Community  with 
exemption  from  customs  duties  and  charges  having  equivalent  effect  within  the 
limits of annual tariff quotas fixed in accordance with Article 4, provided that they 
are accompanied by the document referred to in Article 2(2) and provided that they 
are not eligible for export refunds or intervention measures. This is without prejudice 
to indirect taxes due on importation. 

By derogation from the above, the Commission may, in accordance with the relevant 
management committee procedure established under the common agriculture policy, 
determine  preferential  conditions  and  modalities  of  access  for  products  eligible  for 
export refunds or intervention measures. 

The entry into the Community of live animals and animal products which are subject 
to  Community  legislation  on  veterinary  requirements  from  the  Areas  shall  be 
prohibited  until  an  adequate  veterinary  and  public  health  standard  can  be  ensured. 
The  lifting  of  this  prohibition  shall  require  the  adoption  of  Commission  decisions 
pursuant to Article 58 of Regulation (EC) No 178/2002 of the European Parliament 
and the Council7 laying down the conditions applicable for trade. 

For food safety reasons, the entry into the Community of feedingstuff from the Areas 
shall be prohibited. 

For food safety  reasons, the entry into the Community via the Areas of  goods of a 
type falling under the Commission Decisions listed in Annex IV shall be prohibited. 
The  same  shall  apply  to  goods  covered  by  similar  decisions  adopted  in  future 
safeguard  measures  under  Directive  93/43/EC8  or  Regulation  178/2002/EC.  For 
other  foodstuffs  the  testing  and  checks  of  food  safety  requirements  as  set  out  in 
measures adopted under Article 95 of the EC Treaty shall be fully observed. 

The  entry  into  the  Community  of  goods  which  are  subject  to  EU  trade  defence 
measures, including goods incorporating materials subject to such measures, shall be 
prohibited.  This  is  without  prejudice  to  the  application  of  the  Community's  anti-
dumping, anti-subsidy, safeguard or other trade defence instruments. 

7 
8 

OJ L 31, 1.2.2002, p. 1. 
OJ L 175, 19.7.1993, p. 1. 

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1. 

2. 

3. 

4. 

1. 

1. 

Article 2 
Conditions for special treatment 

The arrangements referred to in Article 1 shall be conditional on no new or increased 
duties  or  charges  having  equivalent  effect,  no  new  quantitative  restrictions  or 
measures  having  equivalent  effect,  nor  any  other  restrictions,  being  applied  in  the 
Areas on the entry of goods of Community origin from the day of entry into force of 
this Regulation. 

The Turkish Cypriot Chamber of Commerce or another body duly authorised for that 
purpose  by  the  Commission  in  conformity  with  Article  5,  shall  issue  an 
accompanying document certifying that the goods referred to in Article 1(1) originate 
in the Areas within the meaning of Articles 23 and 24 of Council Regulation (EEC) 
No 2913/92. The accompanying document shall be made out on forms corresponding 
to the specimen given in Annex I. 

Operators  who  wish  to  request  an  accompanying  document  shall  submit  a  written 
application  to  the  issuing  bodies  referred  to  above.  The  application  form  shall  be 
made out on forms corresponding to the specimen given in Annex II. 

The  Turkish  Cypriot  Chamber  of  Commerce  or  another  body  duly  authorized  shall 
communicate to the Commission on a monthly basis the type, volume, and value of 
goods for which it has issued the documents referred to in Article 2 (2), and details of 
any irregularities discovered and any sanctions applied. 

Article 3 
Rules of origin 

The  origin  of  any  product  to  which  this  Regulation  applies  shall  be  determined  in 
accordance with the provisions in force in the Community concerning the definition 
of non preferential origin. 

Article 4 
Tariff Quotas 

The  Commission  shall,  in  accordance  with  the  procedure  set  out  by  Article  248  of 
Council  Regulation  (EEC)  No  2913/92,  determine  the  annual  tariff  quotas  for 
products referred to in Article 1 (1) in such a way as to encourage the development 
of trade, while avoiding the creation of artificial trade patterns or facilitating fraud. 
When  defining  categories  of  products  and  the  levels  of  tariff  quotas  for  such 
categories, the Commission shall collect and take into account information from the 
Turkish Cypriot Chamber of Commerce or other appropriate bodies on the existing 
production  capacities  and  their  potential  growth,  traditional  consumption  patterns 
and any other relevant data. 

2. 

The tariff quotas shall be managed by the Commission in accordance with Articles 
308a to 308c of Regulation (EEC) No 2454/93.  

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Article 5 
Authorisation 

1. 

The authorisation referred to in Article 2 (2) shall be in particular subject to the prior 
written  commitment  by  the  Turkish  Cypriot  Chamber  of  Commerce  or  any  other 
duly authorised body to apply correctly, and supervise the correct application by the 
requesting  operators,  the  Community  legislation  concerning  the  definition  of  non 
preferential origin according to Articles 23 and 24 of Council Regulation (EEC) No 
2913/92 and its implementing provisions, including the commitments, inter alia:  

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

to carry out controls as necessary to ascertain that the specifications given by 
the requesting operator on the application form as referred to in  Article 2 (3) 
are accurate; 

to  issue  the  accompanying  document  and  to  certify  unambiguously  that  the 
goods  to  which  it  relates  originate  in  the  areas  as  defined  in  Article  1(1)  of 
Protocol No 10 of the Act of Accession 2003 according to Articles 23 and 24 
of Council Regulation (EEC) No 2913/92 and its implementing provisions; 

to  send  to  the  Commission  specimen  impressions  of  the  stamps  used  for  the 
issue of the accompanying document; 

to undertake to keep available for at least three years the application form for 
the accompanying document and all supporting documents; 

to  co-operate  with  the  Commission  and  the  competent  authorities  of  the 
Member States as to the verification of the authenticity and correctness of the 
accompanying  document  as  well  as  to  prevent  any  risk  of  fraud  or  other 
irregularities; 

to  carry  out  on  its  own  initiative  or  at  the  request  of  the  Commission  or  the 
administration of a Member State, appropriate enquiries when any information 
appears  to  indicate  that  the  provisions  of  this  Regulation  are  being 
contravened;  

to  accept  checks,  audits  or  investigations  on  the  spot  within  the  body  and 
facilitate  those  checks,  audits  or  investigations  in  the  premises  of  operators 
having  requested  the  establishment  of  an  accompanying  document  as  to  the 
validity of such document; 

(h) 

to  communicate  to  the  Commission  on  a  monthly  basis  the  type,  the  volume 
and the value of goods for which it has issued accompanying documents, and 
details of any irregularities discovered and any sanctions applied. 

2. 

Where the authorised body fails to fulfil this commitment, and this failing is such as 
to endanger the correct application of this Regulation, the Commission shall revoke 
the authorisation.  

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1. 

2. 

3. 

4. 

Article 6 
Phytosanitary Inspection and Reporting 

Where the goods consist of plants, plant products and other objects covered by Part B 
of  Annex V  to  Council  Directive  2000/29/EC9,  independent  phytosanitary  experts 
appointed by the Commission and operating in coordination with the Turkish Cypriot 
Chamber of Commerce or any other duly authorised body, shall inspect the goods at 
the  stage  of  production  and  again  at  harvest  and  at  the  stage  of  preparation  for 
marketing.  

In  the  case  of  potatoes,  the  above  experts  shall  verify  that  the  potatoes  in  the 
consignment were grown directly from seed potatoes certified in one of the Member 
States or  from seed  potatoes certified  in any other country  for which the entry into 
the Community of potatoes intended for planting is not prohibited pursuant to Annex 
III to Directive 2000/29/EC. 

In  the  case  of  citrus  fruits,  the  above  experts  shall  verify  that  the  fruits  have  been 
found to be free from leaves and peduncles and bear the appropriate origin mark. 

If the above experts, to the best of their knowledge and as far as can be determined, 
establish that the relevant plants, plant products or other objects in the consignment 
are  considered  to  be  free  from  the  harmful  organisms  in  Annex  I  and,  where 
applicable,  Annex II  to  Directive  2000/29/EC  as  amended,  and  comply  with  the 
provisions  of  the  second  and  third  subparagraph  of  paragraph  1,  they  shall  report 
their  findings,  using  the  model  form  of  “Report  of  Phytosanitary  inspection”  under 
Annex III. The “Report of Phytosanitary inspection” shall be added as a supplement 
to the accompanying document as referred to in Article 2 (2).  

The experts shall not issue “Reports of Phytosanitary inspection” in respect of plants 
intended  for  planting,  including  tubers  of  Solanum  tuberosum  (L.)  intended  for 
planting.  

The  experts  shall  seal  or  close  the  packaging  of  the  consignment  or  the  means  of 
transport used for the consignment in such a way that the products concerned cannot 
cause  infestation  or  infection  during  their  transport  and  that  their  identity  remains 
unchanged. No commodities covered by the provisions of this Article shall be moved 
to  the  customs  territory  of  the  Community  unless  the  said  report  form  is  filled  in 
completely  and  duly  signed  by  at  least  one  of  the  above  mentioned  phytosanitary 
experts.  

Upon  arrival  in  the  customs  territory  of  the  Community,  the  competent  authorities 
shall  examine  the  consignment.  Where  applicable,  the  report  of  Phytosanitary 
inspection  shall  be  replaced  by  a  plant  passport,  issued  in  conformity  with  the 
provisions of Commission Directives 92/105/EEC10 and 93/51/EEC11. 

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10 
11 

OJ L 169, 19.7.2000, p. 1. 
OJ L 4, 8.1.1993, p. 22. 
OJ L 205, 17.8.1993, p. 24. 

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5. 

1. 

2. 

3. 

If the consignment consists of or contains potato lots, an appropriate part of these lots 
shall be examined in respect of Ralstonia solanacearum (Smith) Yabuuchi et al. and 
Clavibacter michiganensis ssp. sepedonicus (Spieckermann et Kotthoff) Davis et al., 
in  accordance  with  the  Community  established  methods  for  the  detection  and 
diagnosis of those harmful organisms. 

Article 7 
Temporary suspension 

Without prejudice to the Commission’s power to revoke the authorisation referred to 
in  Article  5  (2),  the  Commission  may  temporarily  suspend  the  special arrangement 
provided for in this Regulation, where it has made a finding, on the basis of objective 
information, allowing the presumption of irregularities or fraud. 

For the purpose of this Article a finding of irregularities or fraud may be made, inter 
alia, where there is a rapid increase, without satisfactory explanation, in the entry of 
goods originating in the Areas in the customs territory of the Community exceeding 
the  usual  level  of  production  capacity  of  the  Areas  that  is  linked  to  objective 
information concerning irregularities or fraud. 

The  application  of  a  temporary  suspension  shall  be  subject  to  the  following 
conditions: 

(a)  When  the  Commission  has  made  a  finding,  on  the  basis  of  objective 
information, of the irregularities or fraud, it shall without undue delay inform 
the Customs Code Committee instituted by Article 247 of Council Regulation 
(EEC) No 2913/92 of its findings together with the objective information. 

(b)  Temporary suspensions under this Article shall be limited to that necessary to 
protect  the  financial  interests  of  the  Community.  They  shall  not  exceed  a 
period of six months, which may be renewed as appropriate. 

4. 

The Commission shall publish a notice to economic operators in the Official Journal 
of the European Union. The notice to economic operators should indicate that there 
is a finding, on the basis of objective information, of the irregularities or fraud. 

Article 8 
Implementing Rules 

The Commission may adopt implementing rules in accordance with the procedure set out in 
Article 4 (12), last sentence of Council Regulation (EC) No 866/2004; with regard to Article 
4, 5 and 7 implementing provisions may be adopted in accordance with the procedures set out 
in Council Regulation (EEC) 2913/92.  

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Article 9 
Review, Monitoring and Cooperation 

1. 

2. 

3. 

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. 

The  Commission  shall  examine  in  particular  the  patterns  of  the  trade  which  will 
develop under this Regulation, including the volume and value of trade and products 
traded. 

The  Member  States  and  the  Commission  shall  closely  cooperate  to  ensure 
compliance with this Regulation. 

Article 10 
Entry into force 

This Regulation shall enter into force on the 10th 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 
[…] 

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ANNEX I 

Specimen of the accompanying document referred to in Article 2(2) 

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ACCOMPANYING DOCUMENT UNDER 

COUNCIL REGULATION No XXX 

ORIGINAL 

No:  00001 

Producer  (Name,  or  name 
of firm, and full address): 

Consignor  (Name,  or  name 
of firm, and full address): 

Consignee  (Name,  or  name 
of firm, and full address): 
Description  of  goods,  item  number,  marks  numbers,  number 
and  kind  of  packages  (for  goods  not  packed  indicate  number 
or ‘in bulk’): 

Volume/Quantity  Transaction Value
Net  weight  (kg) 
/other  units  of 
measure 

Certification of the Turkish Cypriot Chamber of Commerce 

It is hereby certified, on the basis of controls carried out, that the above-mentioned goods originate, within the meaning 
of Articles 23 and 24 of Council Regulation (EEC) No 2913/93, in the areas as defined in Article 1 (1) of Protocol No. 
10 of the Act of Accession 2003, and that the specifications given by the producer are accurate. 

Date 

Authorised signature 
and stamp 

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ANNEX II 

Specimen of the application form referred to in Article 2(3) 

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APPLICATION FORM UNDER 

COUNCIL REGULATION No XXX 

APPLICATION 

No:  00001 

Producer  (Name,  or  name 
of firm, and full address): 

Consignor  (Name,  or  name 
of firm, and full address): 

Consignee  (Name,  or  name 
of firm, and full address): 
Description  of  goods,  item  number,  marks  numbers,  number 
and  kind  of  packages  (for  goods  not  packed  indicate  number 
or ‘in bulk’): 

Volume/Quantity  Transaction Value
Net  weight  (kg) 
/other  units  of 
measure 

Declaration by the Producer 

I, the undersigned,  
-  declare  that  the  goods  described  above  originate,  within  the  meaning  of  Articles  23  and  24  of  Council  Regulation 
(EEC) No 2913/93, in the areas as defined in Article 1 (1) of Protocol No. 10 of the Act of Accession 2003, 
- declare that the particulars given in this application are correct, 
- declare that I keep available for control purposes for a time period of at least three years all accounts concerning 
the production (including the purchase of raw materials) and the sale of the goods,  
-  accept  that  controls  can  be  made  at  any  reasonable  time  by  the  Turkish  Cypriot  Chamber  of  Commerce,  by  the 
phytosanitary experts under Council Regulation (EC) XXX/2004 or by the Commission services. 

Date 
Application by Consignor 

Signature 

I, the undersigned, apply for the issue of an accompanying document under Council Regulation (EC) XXX 

Date 

Signature 

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ANNEX III 

Model of the “Report of Phytosanitary inspection” referred to in Article 6(2) 

1. Report of Phytosanitary inspection under Council Regulation xxx/2004 

Number  

2. Name, or name of firm, and full address of consignor  3. Name, or name of firm, and full address of consignee 

4.  Registration  number  of  producer 
phytosanitary experts) and place of production 

(with 

the 

5. Name and full address of packing station 

6.  Description  of  consignment  (distinguishing  marks; 
name of produce; botanical name) 

7. Quantity declared 

8. Mean of conveyance 

9.  Post-harvest  treatment  (Treatment;  Active  ingredient; 
Concentration; Temperature) 

10. The undersigning phytosanitary expert under Council Regulation (EC) xxx/2004, having 

– 

inspected the above mentioned produce according to appropriate procedures, at the stage of production and again 
at harvest and at the stage of preparation for marketing 

–  witnessed the loading of the mean of conveyance and sealed it when loading was finished, 

hereby concludes that to the best of his knowledge and as far as can be determined the goods  

–  are considered to conform with the current phytosanitary regulations of the EU and in particular  

–  are  considered  to  be  free  from  the  harmful  organisms  in  Annex  I  and,  where  applicable,  Annex II  to  Directive 

2000/29/EC, as amended, 

– 

– 

in the case of potatoes, that the potatoes in the consignment were grown directly from seed potatoes certified in 
one  of  the  Member  States  or  from  seed  potatoes  certified  in  any  other  country  for  which  the  entry  into  the 
Community of potatoes intended for planting is not prohibited pursuant to Annex III to Directive 2000/29/EC, 

in  the  case  of  citrus  fruits,  that  the  fruits  have  been  found  to  be  free  from  leaves  and  peduncles  and  bear  the 
appropriate origin mark. 

Name and signature of the phytosanitary expert(s) Place and date of issue 

(1) ……………………. 

(2) (optional co-signing expert) 

EN 

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ANNEX IV 

List of Commission Decisions referred to in Article 1 (5) 

–  Commission  Decision  2002/80/EC,  as  last  amended  by  Decision  2004/429/EC,  imposing 
special  conditions  on  the  import  of  figs,  hazelnuts  and  pistachios  and  certain  products 
derived thereof originating in or consigned from Turkey 

–  Commission  Decision  2002/79/EC,  as  last  amended  by  2004/429/EC,  imposing  special 
conditions on the import of peanuts and certain products derived from peanuts originating 
in or consigned from China 

–  Commission  Decision  2000/49/EC,  as  last  amended  by  2004/429/EC,  imposing  special 
conditions on the import of peanuts and certain products derived from peanuts originating 
in or consigned from Egypt 

–  Commission  Decision  2003/493/EC,  as  last  amended  by  2004/428/EC,  imposing  special 

conditions on the import Brazil nuts in shell originating in or consigned from Brazil 

–  Commission  Decisions  1997/830/EC,  as  last  amended  by  2004/429/EC  imposing  special 
conditions  on  the  import  of  pistachios  and  certain  products  derived  from  pistachios 
originating in or consigned from Iran 

–  Commission Decision 2004/92/EC of 21 January 2004 on emergency measures regarding 

chilli and chilli products 

EN 

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   EN