Council Regulation (EC) No 587/2008 of 16 June 2008 amending Regulation (EC) No 866/2004 on a regime under Article 2 of Protocol 10 to the Act of Accession concerning rules on goods, services and persons crossing the Green Line in Cyprus
Date: 2008-06-16
Institutions: Council of the European Union
Subjects: Cyprus, accession to the European Union, border control, customs inspection, internal border of the EU, tax exemption, temporary admission

24.6.2008

EN

Official Journal of the European Union

L 163/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COUNCIL REGULATION (EC) No 587/2008

of 16 June 2008

amending Regulation (EC) No 866/2004 on a regime under Article 2 of Protocol 10 to the Act of
Accession concerning rules on goods, services and persons crossing the Green Line in Cyprus

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Protocol No 10 on Cyprus (1) to the 2003 Act
of Accession, and in particular Article 2 thereof,

Having regard to Protocol No 3 on the Sovereign Base Areas of
the United Kingdom of Great Britain and Northern Ireland in
Cyprus (2) to the 2003 Act of Accession, 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
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
in which the
areas of
exercises
Government of
effective control.

the Republic of Cyprus

the Republic of Cyprus

Trade and economic interaction on the island need to be
enhanced in the light of experience gained since Regu-
lation (EC) No 866/2004 including
the previous
amendment entered into force.

To that end, the duties on agricultural products originat-
ing in the areas of the Republic of Cyprus in which the
Government of the Republic of Cyprus does not exercise

(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. Corrected by OJ L 206, 9.6.2004,
p. 51. Regulation as last amended by Commission Regulation (EC)
No 1283/2005 (OJ L 203, 4.8.2005, p. 8).

effective control should be generally removed. To allow
for
in Regulation (EC)
No 866/2004 needs to be strengthened.

safeguard clause

that,

the

(4)

(5)

(6)

the Republic of Cyprus

The temporary introduction of goods from the areas of
the Republic of Cyprus in which the Government of the
Republic of Cyprus does not exercise effective control
into the areas of the Republic of Cyprus in which the
Government of the Republic of Cyprus exercises effective
control should be regulated,
in order to encourage the
provision of services by companies established in the
areas of
in which the
the Republic of Cyprus does not
Government of
exercise effective control across the line and in order to
facilitate participation by those companies in trade fairs
or similar events in areas of the Republic of Cyprus in
which the Government of
the Republic of Cyprus
exercises effective control. Furthermore, goods destined
to be repaired in the areas of the Republic of Cyprus
in which the Government of the Republic of Cyprus
exercises effective control should be allowed to cross
the line.

Reasonable evidence should be provided that the intro-
duction of such goods is effected on a temporary basis.
The customs authorities of the Republic of Cyprus or the
authorities of the Eastern Sovereign Base Area may ask
for a guarantee to cover any potential customs or fiscal
debts if certain temporarily introduced goods are not
the Republic of Cyprus in
returned to the areas of
which the Government of the Republic of Cyprus does
not exercise effective control.

the Republic of Cyprus

In connection with persons crossing the line from the
areas of
in which the
Government of
the Republic of Cyprus does not
exercise effective control into the areas of the Republic
of Cyprus in which that Government exercises effective
control, it should be clarified that their personal effects
shall be considered to have been declared for temporary
introduction. The same should apply to means of
transport.

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EN

Official Journal of the European Union

24.6.2008

(7)

The total value of goods contained in the personal
luggage of persons crossing the line from the areas of
the Republic of Cyprus in which the Government of the
Republic of Cyprus does not exercise effective control
into the areas of the Republic of Cyprus in which that
Government exercises effective control needs
to be
substantially increased so as to encourage economic
development in the areas of the Republic of Cyprus in
which the Government of the Republic of Cyprus does
not exercise effective control.

(d) goods destined to be repaired;

(e) goods to be exhibited or used at a public event.

The goods

2.
introduced for a period of up to six months.

referred to in paragraph 1 may be

(8)

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

The goods referred to in paragraph 1 do not need to

3.
fulfil the conditions laid down in Article 4(1).

HAS ADOPTED THIS REGULATION:

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

Article 1

1.

in Article 4, paragraph 2 shall be replaced by the following:

‘2.
The goods referred to in paragraph 1 shall not be
subject to a customs declaration. They shall not be subject
In
to customs duties or charges having equivalent effect.
order to ensure effective controls, the quantities crossing
the line shall be registered.’;

If

the goods referred to in paragraph 1, are not
4.
returned to the areas of the Republic of Cyprus in which
the Government of the Republic of Cyprus does not exercise
effective control on the expiry of the period of temporary
introduction provided for under paragraph 2, they shall be
subject to confiscation by the customs authorities of the
Republic of Cyprus.

In the event of

the temporary introduction of

the
5.
goods referred to in points (a) and (b) of paragraph 1 of
this Article, Articles 229, 232, 579 and 581 of Commission
Regulation (EEC) No 2454/93 (*)
apply mutatis
mutandis.

shall

2. the following Article shall be inserted:

In the event of the temporary introduction of the goods
referred to in points (c), (d) and (e) of paragraph 1 of this
Article, the following procedure shall be followed:

‘Article 4a

Temporary introduction of goods

to
1. With the exception of goods which are subject
the following
veterinary and phytosanitary requirements,
goods may be temporarily introduced from the areas of
the Republic of Cyprus in which the Government of the
Republic of Cyprus does not exercise effective control into
the
in which the
the Republic of Cyprus
Government of the Republic of Cyprus exercises effective
control:

areas of

(a)

the personal
reasonably required for
sport purposes;

effects of persons

crossing the
the journey and goods

line
for

(b) means of transport;

(c) professional equipment;

(a)

the goods shall be accompanied by a declaration by the
person introducing them stating the purpose of
the
temporary introduction and supporting documentation,
as appropriate, providing reasonable evidence that the
the three categories listed in
goods fall
points (c), (d) and (e) of paragraph 1 of this Article;

into one of

(b) the goods shall be registered by the customs authorities
of the Republic of Cyprus or by the authorities of the
Eastern Sovereign Base Area when they enter and leave
the Republic of Cyprus in which the
the areas of
Government of
exercises
effective control or the Eastern Sovereign Base Area;

the Republic of Cyprus

(c)

the customs authorities of the Republic of Cyprus and
the authorities of the Eastern Sovereign Base Area may
make the temporary introduction of the goods condi-
tional upon the provision of a guarantee in order to
ensure that any customs or fiscal debt which may be
incurred in respect of those goods will be paid.

24.6.2008

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Official Journal of the European Union

L 163/3

The Commission may

in
6.
accordance with the procedure referred to in Article 4(12).

specific

adopt

rules

___________
(*) Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation
of Council Regulation (EEC) No 2913/92 establishing
the Community Customs Code (OJ L 253, 11.10.1993,
p. 1). Regulation as last amended by Regulation (EC)
No 214/2007 (OJ L 62, 1.3.2007, p. 6).’

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

___________
(*) OJ L 133, 4.6.1969, p. 6. Directive as last amended by
Council Directive 2007/74/EC (OJ L 346, 29.12.2007,
p. 6).

(**) OJ L 105, 23.4.1983, p. 1. Regulation as last amended
by Regulation (EC) No 274/2008 (OJ L 85, 27.3.2008,
p. 1).’

3. In Article 6, paragraph 1 and paragraph 2 shall be replaced

by the following:

4.

in Article 11(4), the second sentence shall be replaced by the
following:

‘1.
Council Directive 69/169/EEC of 28 May 1969 on the
harmonisation of provisions laid down by Law, Regulation
or Administrative Action relating to exemption from
turnover tax and excise duty on imports in international
travel (*) and Regulation (EEC) No 918/83 of 28 March
1983 setting up a Community system of
from
customs duty (**) shall not apply, but goods contained in
the personal
luggage of persons crossing the line shall be
exempt from turnover tax and excise duty as well as from
other duties provided they have no commercial character
and their total value does not exceed EUR 260 per person.

reliefs

‘In the event of other emergencies, in particular those caused
by irregularities, trade distortions or fraud, or where other
exceptional circumstances arise which require immediate
action,
in consultation with the
Government of
the Republic of Cyprus, apply forthwith
such measures as are strictly necessary to remedy the
situation.’

the Commission may,

Article 2

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 Luxembourg, 16 June 2008.

For the Council
The President

D. RUPEL