Council Regulation (EC) No 293/2005 of 17 February 2005 amending Regulation (EC) No 866/2004 on a regime under Article 2 of Protocol 10 to the Act of Accession as regards agriculture and facilities for persons crossing the line
Date: 2005-02-17
Institutions: Council of the European Union
Subjects: Cyprus, agricultural product, animal product, border control, customs regulations, exemption from customs duties, free movement of persons

23.2.2005

EN

Official Journal of the European Union

L 50/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 293/2005

of 17 February 2005

amending Regulation (EC) No 866/2004 on a regime under Article 2 of Protocol 10 to the Act of
Accession as regards agriculture and facilities for persons crossing the line

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Protocol 10 on Cyprus to the 2003 Act of
Accession (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,

Whereas:

(1)

(2)

(3)

Council Regulation (EC) No 866/2004 (3)
lays down
rules concerning goods, services and persons
special
in which the
crossing the line between the areas
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.

In the light of the experience gained since that Regulation
entered into force, a number of
facilities for persons
crossing the line should be relaxed and the trade in
certain agricultural goods facilitated.

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

HAS ADOPTED THIS REGULATION:

‘2.
The goods referred to in paragraph 1 shall not be
subject
to a customs declaration. They shall not be
subject to customs duties or charges having equivalent
effect, unless they are eligible for export refunds or inter-
vention measures.

By way of derogation from the first subparagraph, the
Commission may,
in accordance with the relevant
management committee procedure established under
the common agricultural policy, determine privileged
conditions and arrangements for access of products
eligible for export refunds or intervention measures.

In order
crossing the line shall be registered.’

to ensure effective controls,

the quantities

(b) Paragraph 9 shall be replaced by the following:

subject

‘9.
The movement across the line of live animals and
animal products which are
to Community
veterinary requirements shall be prohibited. Prohibitions
in respect of specified live animals or animal products
may be lifted by Commission decisions laying down the
conditions applicable for trade adopted in accordance
with the procedure referred to in Article 58(2) of Regu-
lation (EC) No 178/2002 of the European Parliament
and of the Council (*).

___________
(*) OJ L 31, 1.2.2002, p. 1. Regulation as last amended
by Regulation (EC) No 1642/2003 of the European
Parliament and of the Council (OJ L 245, 29.9.2003
p. 4).’;

Article 1

‘Article 6

2. Article 6 shall be replaced by the following:

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

1. Article 4 shall be amended as follows:

(a) Paragraph 2 shall be replaced by the following:

(1) OJ L 236, 23.9.2003, p. 955.
(2) OJ L 236, 23.9.2003, p. 940.
(3) OJ L 161, 30.4.2004, p. 128.

1.
Council Directive 69/169/EEC (*) shall not apply, but
goods contained in the personal luggage of persons crossing
the line shall be exempt from turnover tax and excise duty
provided they have no commercial character and their total
value does not exceed EUR 135 per person.

2.
The quantitative limits for exemptions from turnover
tax and excise duty shall be 40 cigarettes and 1 litre of
spirits for personal consumption.

L 50/2

EN

Official Journal of the European Union

23.2.2005

Exemptions for the goods mentioned in paragraph 2
3.
shall not be granted to persons crossing the line under 17
years of age.

4. Within the quantitative limits set out in paragraph 2,
the value of the goods listed in paragraph 2 shall not be
taken into consideration in determining the exemption
referred to in paragraph 1.

In order to address serious disturbances in a specific
5.
sector of its economy caused by the extensive use of the
facilities by persons crossing the line, the Republic of Cyprus

may, after approval by the Commission, derogate from
Article 6(1) for a period of no longer than three months.

___________
(*) 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).’

Article 2

This Regulation shall enter into force on the third day following
that of
the European
Union.

its publication in the Official

Journal of

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

Done at Brussels, 17 February 2005.

For the Council
The President

J.-C. JUNCKER