Considerations on COM(2004)466 - Special conditions for trade with those areas of Cyprus in which the Government of Cyprus does not exercise effective control - Main contents
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dossier | COM(2004)466 - Special conditions for trade with those areas of Cyprus in which the Government of Cyprus does not exercise effective ... |
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document | COM(2004)466 ![]() |
date | July 7, 2004 |
(2) Pending a settlement, the application of the acquis has been suspended pursuant to Article 1(1) of Protocol No 10 of the Act of Accession 2003 i in the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control, hereafter referred to as 'the Areas'.
(3) Pursuant to Article 3(1) of Protocol No 10, measures to promote the development of the Areas are not precluded by the suspension of the acquis. The development of trade with the Areas would contribute to the process of economic development of the above-mentioned Areas. Special rules to facilitate trade between those areas and Member States other than Cyprus may therefore be devised. They should not undermine the standard of safety protection in the EU, in particular the EC rules on health, safety, environmental and consumer protection and on the prohibition on the bringing in of counterfeit and pirated goods, or lead to unacceptable risks to plant health in the Community and should not harm its economic interests.
(4) The Commission should determine annual tariff quotas for products in such a way as to encourage the development of trade, while avoiding the creation of artificial trade patterns or facilitating fraud.
(5) In the interest of safeguarding Community interests, the measures should in particular be accompanied by provisions allowing for their temporary or permanent withdrawal, in whole or in part, in cases where fraud or other irregularities are suspected or established.
(6) Until adequate veterinary and public health standards are achieved, the movement of animals and animal products should be prohibited.
(7) Entitlement to benefit from these measures is conditional on the involvement of the Turkish Cypriot Chamber of Commerce or any other body duly authorized for that purpose by the Commission, in effective cooperation with the Commission and the customs authorities of the Member States in order to prevent any risk of fraud. This authorisation should be subject to prior written commitments by the authorized body and should be revoked if this body fails to fulfil one or more of these commitments in such a way as to endanger the correct application of this Regulation.
(8) The provisions of this Regulation, in particular when terms taken from the acquis are used should be interpreted in the light of the special circumstances prevailing in the Areas.
(9) Certain provisions of Council Regulation (EEC) No 2913/92 i, Commission Regulation (EEC) No 2454/93 i and Commission Regulation (XX) on the implementation of Article 4 of Council Regulation (EC) No 866/2004 i ought also to apply in the framework of this Regulation.
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(10) These arrangements should be reviewed in light of the experience gained in the implementation of this Regulation.
(11) To the extent that this Regulation does not determine special conditions, the general rules governing the Community's external trade are applicable.
(12) This Regulation is without prejudice to the requirements which have to be fulfilled in order to comply with the international rules on the security and safety of maritime and air transport.
(13) The measures are part of the abovementioned comprehensive proposals in a response to a specific situation in Cyprus. They will not constitute a precedent for the Community's trade policy.