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

Article 1

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.

Article 2

Accompanying document

The accompanying document referred to in Article 4(5) of Council Regulation (EC) No 866/2004 shall fulfil the following conditions:

(a) a description of the goods; (b) the item number, marks and numbers of goods, if any; (c) the number and kind of packages; (d) the volume and value of the goods; (e) the name and the address of the producer of the goods; (f) the name and the address of the consignor and the consignee;

The accompanying document shall be made out on forms corresponding to the specimen given in Annex I.

Operators requesting an accompanying document shall submit a written application to the issuing bodies referred to above. This application shall contain the following information:

(a) declares that the goods concerned originate in the areas as defined in Article 1(1) of Protocol No 10 of the Act of Accession 2003; (b) undertakes to keep available for control purposes for a time period of at least three years from the date of application all accounts concerning the production (including the purchase of raw materials) and the sale of the goods and to accept that controls can be made at any reasonable time by the bodies mentioned in paragraph 1 or by the Commission services;

The application form shall be made out on forms corresponding to the specimen given in Annex II.

If it is established that the documents have been issued without the conditions having been properly fulfilled, all duties and taxes due on the release for free circulation of the goods into the customs territory of the Community shall be due, at the rate applicable to third countries in the absence of any preferential treatment. The provisions concerning the incurrence of a customs debt and its recovery shall apply mutatis mutandis.

Article 3

Phytosanitary inspection and reporting

Independent phytosanitary experts appointed by the Commission, deployed under the Technical Assistance and Information Exchange instrument (TAIEX), and operating in coordination with the Turkish Cypriot Chamber of Commerce for the implementation of Regulation (EC) No 866/2004 (‘the experts’), shall inspect all goods consisting of plants, plant products and other objects listed in Part A and Part B of Annex XI to Commission Implementing Regulation (EU) 2019/2072 (¹) at the stages of production, of harvest and of marketing, to ascertain that they:

(a) are free from the Union quarantine pests listed in Annex II to Regulation (EU) 2019/2072;

(b) comply with the thresholds for the presence of Union regulated non-quarantine pests listed in Annex IV to Regulation (EU) 2019/2072;

(c) comply with the requirements for introduction into the Union set out in Annex VII to that Regulation; and

(d) comply with the measures to prevent the presence of regulated non-quarantine pests on specific plants for planting set out in Annex V to Regulation (EU) 2019/2072. Where relevant, they shall also inspect all plants, plant products and other objects listed in Annex XII to Implementing Regulation (EU) 2019/2072, to ascertain that they are free from the respective protected zone quarantine pests listed in Annex III to that Regulation.

If the 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 comply with the requirements of paragraphs 1 and 2 and with the relevant requirements and checks as set out in Annex II to Regulation (EC) No 866/2004, they shall:

(a) establish a report of their findings, filled in completely and duly signed by at least one of the experts, using the form provided for in Annex III to this Regulation; and

(b) add that report, as a supplement, to the accompanying document referred to in Article 2 of this Regulation.

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.

Commodities covered by this Article may only be moved across the line if points (a) and (b) of paragraph 3 are fulfilled.

Article 4

Food and product safety, counterfeit and pirated goods

Article 5

Trade defence measures

No accompanying document shall be issued for goods which are subject to EU trade defence measures, including goods incorporating materials subject to such measures. This is without prejudice to the application of the Community's anti-dumping, anti-subsidy, safeguard or other trade defence instruments.

Article 6

VAT

In the event of goods originating in the Areas being transferred to other Member States, their previous entry into the areas under the effective control of the Government shall be treated as having been an importation of goods in accordance with Article 7 of Council Directive 77/388/EEC (⁴) for which the owner of the goods or any other person designated or accepted as being liable by the Government of the Republic of Cyprus shall be liable for the payment of import VAT in accordance with Article 21(4) of that Directive.

Article 7

Emergencies

Other emergencies in the meaning of Article 11(4) of Regulation (EC) No 866/2004 shall include any situation or circumstance which may give rise to or threatens to give rise to serious and enduring economic damage to a region of the Republic of Cyprus or any situation or circumstance which is posing or threatens to pose a risk to the functioning of the Internal Market, in particular where such threat arises by the non-application in the Areas of import duties equivalent to those established under the Common Customs Tariff on raw materials used in the processing of goods.

Article 8

Communication obligations

Article 9

Entry into force

This Regulation shall enter into force on the third 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.

ANNEX I

ANNEX II

ANNEX III

Model of the ‘Report of phytosanitary inspection’ referred to in Article 3(2)

ANNEX IV

List of Commission Decisions referred to in Article 4(1)

— 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 of 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