Regulation 2004/866 - Regime under Article 2 of Protocol No 10 of the Act of Accession - Main contents

official title

 

Legal instrument	Regulation
Number legal act	Regulation 2004/866
Original proposal	COM(2004)145
CELEX number i	32004R0866

30.4.2004 EN Official Journal of the European Union L 161/128

COUNCIL REGULATION (EC) No 866/2004 of 29.4.2004 on a regime under Article 2 of Protocol No 10 of the Act of Accession

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Protocol No 10 on Cyprus of 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 founded ¹, and in particular Article 2 thereof,

Having regard to Protocol No 3 on the Sovereign Base Areas of the United Kingdom of Great Britain and Northern Ireland in Cyprus ² of the said Act of Accession, and in particular Article 6 thereof,

Having regard to the proposal from the Commission, ³

OJ L 236, 23.9.2003, p. 955. OJ L 236, 23.9.2003, p. 940. OJ C

Whereas:

• (4) 

  The European Council has repeatedly underlined its strong preference for accession by a

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...

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