Considerations on COM(2004)145 - Regime under Article 2 of Protocol No.10 of the Act of Accession - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2004)145 - Regime under Article 2 of Protocol No.10 of the Act of Accession. |
|---|---|
| document | COM(2004)145  |
| date | April 29, 2004 |
reunited Cyprus. Regrettably, a comprehensive settlement has not yet been reached. In conformity with paragraph 12 of the conclusions of the European Council in Copenhagen, the Council on 26 April 2004 outlined its position on the current situation on the island.
(5) Pending a settlement, the application of the acquis upon accession has therefore been suspended pursuant to Article 1(1) of Protocol No 10, in the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control.
(6) Pursuant to Article 2(1) of Protocol No 10, this suspension makes it necessary to provide for the terms under which the relevant provisions of EU law shall apply to the line between the abovementioned areas and those areas in which the Government of the Republic of Cyprus exercises effective control. In order to ensure the effectiveness of these rules, their application has to be extended to the boundary between the areas in which the Government of the Republic of Cyprus does not exercise effective control and the Eastern Sovereign Base Area of the United Kingdom of Great Britain and Northern Ireland.
(7) Since the abovementioned line does not constitute an external border of the EU, special rules concerning the crossing of goods, services and persons need to be established, the prime responsibility for which belongs to the Republic of Cyprus. As the abovementioned areas are temporarily outside the customs and fiscal territory of the Community and outside the area of freedom, justice and security, the special rules should secure an equivalent standard of protection of the security of the EU with regard to illegal immigration and threats to public order, and of its economic interests as far as the movement of goods is concerned. Until sufficient information is available with regard to the state of animal health in the abovementioned areas, the movement of animals and animal products will be prohibited.
(8) Article 3 of Protocol No 10 explicitly states that measures promoting economic development in the abovementioned areas are not precluded by the suspension of the acquis. This regulation is intended to facilitate trade and other links between the abovementioned areas and those areas in which the Government of the Republic of Cyprus exercises effective control, whilst ensuring that appropriate standards of protection are maintained as set out above.
(9) Regarding persons, the policy of the Government of the Republic of Cyprus currently allows the crossing of the line by all citizens of the Republic, EU citizens and third country nationals who are legally residing in the northern part of Cyprus, and by all EU citizens and third country nationals who entered the island through the Government Controlled Areas.
(7) While taking into account the legitimate concerns of the Government of the Republic of Cyprus, it is necessary to enable EU citizens to exercise their rights of free movement within the EU and set the minimum rules for carrying out checks on persons at the line and to ensure the effective surveillance of it, in order to combat the illegal immigration of third country nationals as well as any threat to public security and public policy. It is also necessary to define the conditions under which third country nationals are allowed to cross the line.
(8) Regarding checks on persons, this Regulation should not affect the provisions laid down in Protocol No 3, and in particular Article 8 thereof.
(9) This Regulation does not affect in any way the mandate of the United Nations in the buffer zone.
(10) Since any change in the policy of the Government of the Republic of Cyprus with regard to the line may pose problems of compatibility with the rules established by this Regulation, such changes should be notified to the Commission, prior to their entry into force, in order to allow it to take the appropriate initiatives so as to avoid inconsistencies.
(11) The Commission should also be allowed to amend Annexes I, and II to this Regulation with a view to responding to changes which may occur and require immediate action.