Commission Regulation (EC) No 1624/2005 of 4 October 2005 derogating from Council Regulation (EC) No 866/2004 as regards citrus fruit crossing the line in Cyprus
Date: 2005-10-04
Institutions: European Commission
Subjects: Cyprus, citrus fruit, customs regulations, derogation from EU law

5.10.2005

EN

Official Journal of the European Union

L 259/17

COMMISSION REGULATION (EC) No 1624/2005

of 4 October 2005

derogating from Council Regulation (EC) No 866/2004 as regards citrus fruit crossing the line in
Cyprus

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 866/2004 of 29
April 2004 on a regime under Article 2 of Protocol No 10 of
the Act of Accession (1), and in particular Article 4(2), second
subparagraph, thereof,

Whereas:

of

and

1996

Regulation

introducing

Commission

28 October

Council Regulation (EC) No 2200/96 of 28 October
1996 on the common organisation of the market in
fruit and vegetables (3), Council Regulation (EC) No
2202/96
a
Community aid scheme for producers of certain citrus
fruits (4)
(EC) No
2111/2003 of 1 December 2003 laying down detailed
rules for the application of Council Regulation (EC) No
2202/96 introducing a Community aid scheme for
producers of certain citrus fruits (5) provide for checks
to ensure compliance with Community rules in the
fruit and vegetable sectors. Pursuant to those Regulations,
the Government of the Republic of Cyprus should ensure
through appropriate checks that products covered by this
Regulation are not subject to export refunds and inter-
vention measures.

(1)

(2)

(3)

Article 4(2), first subparagraph, of Regulation (EC) No
866/2004 provides
that goods which are wholly
obtained in the areas of the Republic of Cyprus not
under the effective control of the Government of the
last,
Republic of Cyprus or have undergone
substantial, economically justified processing or working
in an undertaking equipped for that purpose in those
areas are not subject
to customs duties or charges
having equivalent effect when they are introduced in
the areas under the effective control of the Government
of the Republic of Cyprus, unless they are of a kind
eligible for export refunds or intervention measures.

their

Article 4(2) of Regulation (EC) No 866/2004 was
amended by Council Regulation (EC) No 293/2005 (2)
to extend the access to the abovementioned duty-free
regime, on a case-by-case basis, to certain products of
a kind eligible
intervention
measures, provided that conditions and arrangements
for that access ensure that the financial interests of the
Community can be effectively protected.

refunds or

export

for

Facilitating the movement of citrus fruit would contribute
to the process of economic development of the areas not
under the effective control of the Government of the
Republic of Cyprus,
amongst
economic operators in Cyprus in marketing citrus fruit
produced in those areas on the Community market.

given the

interest

(1) OJ L 161, 30.4.2004, p. 128. Regulation as

amended by
Commission Regulation (EC) No 1283/2005 (OJ L 203, 4.8.2005,
p. 8).

(2) OJ L 50, 23.2.2005, p. 1.

(5)

(6)

Since the level of refunds paid for the export from the
Community of citrus fruits is low, the risk of fraud under
the measures provided for in this Regulation is limited.
The Government of
the Republic of Cyprus should,
nevertheless, ensure that the rule of Community origin
as set out in the second indent of Article 35(9) of Regu-
lation (EC) No 2200/96 and in Article 11(2) of
Commission Regulation (EC) No 800/1999 of 15 April
1999 laying down common detailed rules for the appli-
cation of the system of export refunds on agricultural
products (6) is complied with.

In accordance with Article 8 of Commission Regulation
(EC) No 1480/2004 of 10 August 2004 laying down
specific rules concerning goods arriving from the areas
not under the effective control of the Government of
Cyprus in the areas in which the Government exercises
effective control (7),
the Turkish Cypriot Chamber of
the Republic of
Commerce and the authorities of
Cyprus have to communicate to the Commission the
information enabling the Commission to monitor the
trade flows across the ‘green line’.

(7)

it does not appear necessary to establish
Accordingly,
the duty-free access of citrus
further conditions for
the effective
fruits obtained in the areas not under
control of the Government of the Republic of Cyprus.

(3) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by
Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003,
p. 64).

(4) OJ L 297, 21.11.1996, p. 49. Regulation as last amended by the

2003 Act of Accession.
(5) OJ L 317, 2.12.2003, p. 5.
(6) OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regu-

lation (EC) No 671/2004 (OJ L 105, 14.4.2004, p. 5).

(7) OJ L 272, 20.8.2004, p. 3.

L 259/18

EN

Official Journal of the European Union

5.10.2005

(8)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Fresh Fruit and Vegetables,

line within the meaning of
CN code 0805 shall not be subject
charges having equivalent effect.

that Regulation falling within
to customs duties or

HAS ADOPTED THIS REGULATION:

Article 1

Article 2

By way of derogation from the first subparagraph of Article
4(2) of Regulation (EC) No 866/2004, citrus fruit crossing the

This Regulation shall enter into force on the third day following
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, 4 October 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission