Proposal for a COUNCIL REGULATION amending Council Regulation (EC) No 866/2004 on a regime under Article 2 of Protocol 10 to the Act of Accession as regards goods which are taken out of the areas under the effective control of the Government of the Republic of Cyprus and taken back into them after passing through the areas not under the effective control of the Government of the Republic of Cyprus
Date: 2013-05-13
Institutions: European Commission
Subjects: Cyprus, border control, carriage of goods, customs inspection

EUROPEAN 
COMMISSION 

Brussels, 13.5.2013  
COM(2013) 274 final 

2013/0147 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 866/2004 on a regime under Article 2 of Protocol 
10 to the Act of Accession as regards goods which are taken out of the areas under the 
effective control of the Government of the Republic of Cyprus and taken back into them 
after passing through the areas not under the effective control of the Government of the 
Republic of Cyprus 

EN 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

By Regulation No 866/2004 (hereinafter "the Green line regulation"), the Council established 
a  regime  under  Article  2  of  Protocol  10  to  the  Act  of  Accession  2003  which  provides  for 
special rules concerning goods, services and persons crossing the line between those areas of 
the Republic of Cyprus in which the 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.  

Annex I to the Green Line Regulation provides a  list of approved crossing points. Over the 
years, the increasing number of approved crossing points has resulted in a rising number of 
crossings.  

The present amendment purports to regulate the movement of goods which are taken out of 
the areas under the effective control of the Government of the Republic of Cyprus and taken 
back into them through the crossing points mentioned in Annex I after having passed through 
the areas not under the effective control of the Government of the Republic of Cyprus. The 
amendment  aims  in  particular  to  enable  farmers  from  the  remote  Kato  Pyrgos  area  to  bring 
their products to the market in Nicosia in much less time than before the opening of the Kato 
Pyrgos-Karavostasi crossing point.  

2. 

LEGAL ELEMENTS OF THE PROPOSAL 

The present amendment lays down provisions applying to goods taken out of the areas under 
the effective control of the Government of the Republic of Cyprus and taken back into them 
after  passing  through  the  areas  not  under  the  effective  control  of  the  Government  of  the 
Republic of Cyprus.  

The responsibility for checks at the crossing points rests with the authorities of the Republic 
of  Cyprus.  This  amendment  regulates  the  way  in  which  these  checks  are  to  be  carried  out, 
which  documents  are  to  be  presented  and  the  time  span  allowed  between  the  moment  the 
goods are taken out of the areas in which the Government of the Republic of Cyprus exercises 
effective control and the moment where they are taken back into them 

The  provisions  of  this  Regulation  ensure  a  high  level  of  protection  of  human  and  animal 
health by prohibiting the movement of live animals and by laying down requirements for the 
allowed  movement  of  animal  products.  They  also  define  the  measures  that  the  competent 
authorities  of  the  Republic  of  Cyprus  should  take  when,  on  the  basis  of  the  relevant 
information  at  their  disposal  and  taking  account  of  the  need  to  ensure  a  high  level  of 
protection  of  human  and  animal  health,  they  consider  that  the  time  span  mentioned  in  the 
previous recital has been considerably exceeded. 

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2013/0147 (NLE) 

Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EC) No 866/2004 on a regime under Article 2 of Protocol 
10 to the Act of Accession as regards goods which are taken out of the areas under the 
effective control of the Government of the Republic of Cyprus and taken back into them 
after passing through the areas not under the effective control of the Government of the 
Republic of Cyprus 

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 founded1, and in particular Article 2 thereof, 
Having regard to the proposal from the European Commission2, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Council  Regulation  (EC)  No  866/20043  lays  down  special  rules  concerning  goods, 
services and persons crossing the line between the areas in which the Government of 
the  Republic  of  Cyprus  does  not  exercise  effective  control  and  those  areas  of  the 
Republic  of  Cyprus  in  which  the  Government  of  the  Republic  of  Cyprus  exercises 
effective control. 

Annex I to Regulation (EC) No 866/2004 provides a list of approved crossing points 
between  the  areas  in  which  the  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.  Over  the  years,  the  number  of  approved  crossing 
points increased, resulting in a rising number of crossings. 

In order to ease the life of citizens living in remote areas of Cyprus, it is necessary to 
regulate the movement of goods taken out of the areas under the effective control of 
the  Government  of  the  Republic  of  Cyprus  and  taken  back  into  them  through  the 
crossing points mentioned in Annex I to Regulation (EC) No 866/2004, after passing 
through  the  areas  in  which  the  Government  of  the  Republic  of  Cyprus  does  not 
exercise effective control. 

In  order  to  ensure  that  the  goods  transported  are  Union  goods,  that  the  goods  taken 
back  into  the  areas  in  which  the  Government  of  the  Republic  of  Cyprus  exercises 
effective  control  were  taken  out  of  these  areas  and  that  a  high  level  of  protection  of 
human and animal health is maintained, in so far as the responsibility for checks at the 
crossing  points  rests  with  the  competent  authorities  of  the  Republic  of  Cyprus,  it  is 
necessary  to  regulate  the  way  in  which  these  checks  are  to  be  carried  out,  which 

1 
2 
3 

OJ L 236, 23.9.2003, p. 955. 
COM(2013)… 
OJ L 161, 30.4.2004, p. 128. 

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documents  are  to  be  presented  and  the  time  span  allowed  between  the  moment  the 
goods are taken out of the areas in which the Government of the Republic of Cyprus 
exercises effective control, and the moment they are taken back into those areas.  

(5) 

Strict  criteria  should  be  foreseen  for  the  movement  of  goods  provided  for  in  this 
Regulation in order to ensure a high level of protection of human and animal health. In 
particular,  to  that  end,  the  movement  of  live  animals  should  be  prohibited  and  the 
movement  of  animal  products  should  be  submitted  to  clear  rules,  including  the 
requirement  that  the  movement  through  the  areas,  subject  to  a  certain  margin  of 
flexibility,  should  be  limited  to  the  time  necessary  for  the  transportation  distance 
concerned. 

(6) 

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

HAS ADOPTED THIS REGULATION: 

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

(1) 

The following Article 5a is inserted in Title III:  

Article 1 

"Article 5a 

Treatment of goods which are taken out of the areas under the effective control of the 
Government of the Republic of Cyprus and taken back into them after passing through 
the areas not under the effective control of the Government of the Republic of Cyprus. 

(1)  Without prejudice to Articles 4, 4a and 6, Union goods may be taken out of the 
areas under the effective control of the Government of the Republic of Cyprus 
and  taken  back  into  them  after  passing  through  the  areas  of  the  Republic  of 
Cyprus  not  under  the  effective  control  of  the  Government  of  the  Republic  of 
Cyprus, subject to the following requirements: 

(a)  Whoever transports those goods shall present to the competent authorities 
of  the  Republic  of  Cyprus  appropriate  documentation  to  establish  that 
they are Union goods at the crossing point where the goods are taken out 
of  the  areas  under  the  effective  control  of  the  Government  of  the 
Republic  of  Cyprus.  That  documentation  shall  include  an  invoice,  a 
transport  document  or  an  equivalent  document.  In  cases  where  it  is  not 
possible  to  present  such  documentation,  because  the  goods  are  of  the 
production of the person transporting them, a declaration that the goods 
are  Union  goods  shall  be  presented  to  the  competent  authorities  of  the 
Republic of Cyprus. 

(b)  Except when the goods are destined for personal use, the documentation 
accompanying them shall contain at least the full name and address of the 
consignor,  or  the  declarant  where  consignor  and  declarant  are  not  the 
same,  the  quantity  and  kind  as  well  as  the  marks  and  numbers  of  the 
packages,  a  description  of  the  goods,  the  gross  mass  in  kilograms  and, 
where necessary, the container numbers.  

(c)  Whoever transports these goods shall designate the crossing point which 
is  intended  to  be  used  for  taking  them  back  into  the  areas  under  the 
effective control of the Government of the Republic of Cyprus and shall 
inform thereof the competent authorities of the Republic of Cyprus at the 

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crossing  point  where  the  goods  are  taken  out  of  the  areas  under  the 
effective control of the Government of the Republic of Cyprus. 

(d)  When considered necessary by the competent authorities of the Republic 
of  Cyprus,  consignments  or  means  of  transport  shall  be  sealed  at  the 
crossing  point  where  the  goods  are  taken  out  of  the  areas  under  the 
effective control of the Government of the Republic of Cyprus. 

(e)  When the goods are taken back into the areas under the effective control 
of  the  Government  of  the  Republic  of  Cyprus  after  passing  through  the 
areas not under the effective control of the Government of the Republic 
of Cyprus, whoever transports these goods shall present to the competent 
authorities  of  the  Republic  of  Cyprus  at  the  crossing  point  where  the 
goods  are  taken  back  into  the  areas  under  the  effective  control  of  the 
Government of the Republic of Cyprus the same documentation as used 
at the crossing point where the goods were taken out of the areas under 
the effective control of the Government of the Republic of Cyprus. 

(f)  The  goods  shall  be  taken  out  and  taken  back  into  the  areas  under 
effective  control  of  the  Government  of  the  Republic  of  Cyprus  at  the 
crossing  points  listed  in  Annex  I  and  within  a  reasonable  time  span 
determined by the competent authorities of the Republic of Cyprus taking 
into  account  the  acceptable  total  time  of  transportation,  considering  the 
total transportation distance.  

(g)  The  competent  authorities  of  the  Republic  of  Cyprus  shall  check  the 
documentation and if appropriate the goods and their seals, whether the 
goods  taken  back  into  the  areas  under  the  effective  control  of  the 
Government of the Republic of Cyprus correspond to the documentation 
used  at  the  crossing  point  where  the  goods  were  taken  out  of  the  areas 
under the effective control of the Government of the Republic of Cyprus 
and whether the requirements in point (f) were respected.  

(h) 

In case of failure to comply with the requirements in points (a) to (g) the 
goods  shall  not  be  allowed  to  be  taken  back  into  to  the  areas  under  the 
effective control of the Government of the Republic of Cyprus unless an 
assessment  of  the  risk  involved  has  been  carried  out  and  effective, 
proportionate  and  targeted  measures  based  upon  this  assessment  have 
been  adopted.  Those  goods  shall  be  subject  to  confiscation  by  the 
customs authorities of the Republic of Cyprus 

(2) 

In accordance with Article 4(9), the return of live animals which are subject to 
Union veterinary requirements shall be prohibited.  

(3)  Consignments  of  animal  products  which  are  subject  to  Union  veterinary 
requirements  may  be  taken  out  of  the  areas under the  effective control  of the 
Government  of  the  Republic  of  Cyprus  and  be  taken  back  into  them  after 
passing through the areas not under the effective control of the Government of 
the Republic of Cyprus. 

The  competent  authorities  of  the  Republic  of  Cyprus  shall  ensure  that 
consignments of animal products are not allowed to return to the areas in which 
the  Government  of  the  Republic  of  Cyprus  exercises  effective  control  where 
the total time of transportation considerably exceeds the acceptable total time 
of  transportation,  considering  the  total  transportation  distance,  unless  the 

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competent  veterinary  authority  has  carried  out  an  assessment  of  the  risks  to 
animal and public health  and has  adopted effective, proportional and targeted 
measures based on that assessment. 

The  Republic  of  Cyprus  shall  regularly  and  as  necessary  inform  the 
Commission  of  any  non-compliance  with  provisions  of  this  paragraph  and  of 
any measures taken to address it.  

(4)  The  goods  referred  to  in  the  paragraphs  1  to  3  shall  not  be  subject  to  further 

customs formalities.  

The  competent  customs  authorities  of  the  Republic  of  Cyprus  may  however 
perform  effective  risk  analysis  and  customs  security  checks  according  to  the 
applicable  legal  provisions,  on  the  basis  of  the  documentation  concerning  the 
goods being transported;  

The  crossing  points  listed  in  Annex  I  shall  be  fully  equipped,  staffed  and  in 
every other way prepared to enforce the provisions in paragraphs 1 to 3." 

(2) In Article 11, paragraph 2 is replaced by the following:  

"2. The Commission shall monitor the application of Articles 4 and 5a of this Regulation and 
the patterns of trade between the areas under the effective control of the Government of the 
Republic  of  Cyprus  and  the  areas  not  under  its  effective  control,  including  the  volume  and 
value  of  trade  and  products  traded.  The  Republic  of  Cyprus  shall  collect  data  and 
communicate it to the Commission for this purpose on a monthly basis."  

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 2  

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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