LegalizeCouncil Regulation (EU) No 685/2013 of 15 July 2013 amending 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 those areas 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 No 10 on Cyprus (1) to the 2003 Act of Accession, and in particular Article 2 thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) Council Regulation (EC) No 866/2004 (2) lays down special rules concerning goods, services and persons 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 areas of the Republic of Cyprus in which the Government of the Republic of Cyprus exercises effective control.
(2) 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 has increased, resulting in a rising number of crossings.
(3) 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 those areas through the crossing points referred to 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.
(4) In order to ensure that the goods transported are Union goods, within the meaning of point (18) of Article 4 of Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (3), that the goods taken back into the areas in which the Government of the Republic of Cyprus exercises effective control were taken out of those 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 is with the competent authorities of the Republic of Cyprus, it is necessary to regulate the way in which those 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 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:
Article 1
Regulation (EC) No 866/2004 is amended as follows:
(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. For that purpose the Republic of Cyprus shall collect data and communicate it to the Commission on a monthly basis.’.
Article 2
This Regulation shall enter into force on the twentieth 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.
Done at Brussels, 15 July 2013.
For the Council The President V. JUKNA
(1) OJ L 236, 23.9.2003, p. 955.