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19.7.2013 Official
Journal
of
the
European
Union L
196/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL 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,
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.
Having regard to Protocol No 10 on Cyprus ( 1 ) to the 2003 Act
of Accession, and in particular Article 2 thereof,
(4) In
order
to
ensure
that
the
goods
transported
are
Union
goods, within the meaning of point (18) of Article 4 of
Having regard to the proposal from the European Commission,
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) (
Whereas:

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
(1) Council
Regulation
(EC)
No
866/2004
(
human and animal health is maintained, in so far as

2 ) lays down
special rules concerning goods, services and persons
the responsibility for checks at the crossing points is
crossing the line between the areas of the Republic of
with the competent authorities of the Republic of
Cyprus in which the Government of the Republic of
Cyprus, it is necessary to regulate the way in which
Cyprus does not exercise effective control and those
those checks are to be carried out, which documents
areas of the Republic of Cyprus in which the
are to be presented and the time span allowed between
Government of the Republic of Cyprus exercises
the moment the goods are taken out of the areas in
effective control.
which the Government of the Republic of Cyprus
exercises effective control, and the moment they are
taken back into those areas.
(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
(5) Strict
criteria
should
be
foreseen
for
the
movement
of
exercise effective control and those areas in which the
goods provided for in this Regulation in order to ensure
Government of the Republic of Cyprus exercises effective
a high level of protection of human and animal health. In
control. Over the years, the number of approved crossing
particular, to that end, the movement of live animals
points has increased, resulting in a rising number of
should be prohibited and the movement of animal
crossings.
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
(3) In
order
to
ease
the
life
of
citizens
living
in
remote
areas
distance concerned.
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
(6) Regulation
(EC)
No
866/2004
should
therefore
be
amended accordingly,
( 1 ) OJ L 236, 23.9.2003, p. 955.
( 2 ) OJ L 161, 30.4.2004, p. 128.
( 3 ) OJ L 145, 4.6.2008, p. 1.

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L 196/2
EN
Official Journal of the European Union
19.7.2013
HAS ADOPTED THIS REGULATION:
Cyprus of that designation at the crossing point where
the goods are taken out of the areas under the effective
control of the Government of the Republic of Cyprus;
Article 1
Regulation (EC) No 866/2004 is amended as follows:
(d) when considered necessary by the competent authorities
of the Republic of Cyprus, consignments or means of
transport shall be sealed at the crossing point where the
(1) the following Article is inserted:
goods are taken out of the areas under the effective
control of the Government of the Republic of Cyprus;
‘Article 5a
Treatment of goods which are taken out of the areas
(e) when the goods are taken back into the areas under the
under the effective control of the Government of the
effective control of the Government of the Republic of
Republic of Cyprus and taken back into those areas
Cyprus after passing through the areas not under the
after passing through the areas not under the
effective control of the Government of the Republic of
effective control of the Government of the Republic
Cyprus, whoever transports those goods shall present to
of Cyprus
the competent authorities of the Republic of Cyprus at
the crossing point where the goods are taken back into
1. Without prejudice to Articles 4, 4a and 6, Union
the areas under the effective control of the Government
goods, within the meaning of point (18) of Article 4 of
of the Republic of Cyprus the same documentation as
Regulation (EC) No 450/2008, may be taken out of the
used at the crossing point where the goods were taken
areas under the effective control of the Government of
out of the areas under the effective control of the
the Republic of Cyprus and taken back into those areas
Government of the Republic of Cyprus;
after passing through the areas of the Republic of Cyprus
not under the effective control of the Government of the
Republic of Cyprus, subject to the following requirements:
(f) the goods shall be taken out and taken back into the
areas under the effective control of the Government of
(a) whoever transports those goods shall at the crossing
the Republic of Cyprus at the crossing points listed in
point where the goods are taken out of the areas
Annex I and within a reasonable time span determined
under the effective control of the Government of the
by the competent authorities of the Republic of Cyprus
Republic of Cyprus present to the competent authorities
taking into account the acceptable total time of trans
of the Republic of Cyprus appropriate documentation to
portation, considering the total transportation distance;
establish that they are Union goods. That documen
tation shall include an invoice, a transport document
or an equivalent document. In cases where it is not
possible to present such documentation, because the
goods are produced by the person transporting them,
(g) the competent authorities of the Republic of Cyprus
a declaration that the goods are Union goods shall be
shall check the documentation and if appropriate the
presented to the competent authorities of the Republic
goods and their seals, whether the goods taken back
of Cyprus;
into the areas under the effective control of the
Government of the Republic of Cyprus correspond to
the documentation used at the crossing point where the
goods were taken out of the areas under the effective
control of the Government of the Republic of Cyprus,
(b) except when the goods are destined for personal use,
and whether the requirements in point (f) have been
the documentation accompanying them shall contain at
respected;
least the full name and address of the consignor, or the
declarant where the consignor and declarant are not the
same, the quantity and kind as well as the marks and
numbers of the packages, a description of the goods, the
gross mass in kilograms and, where necessary, the
(h) in the event of failure to comply with the requirements
container numbers;
laid down in points (a) to (g), the goods shall not be
allowed to be taken back into the areas under the
effective control of the Government of the Republic of
Cyprus unless an assessment of the risk involved has
(c) whoever transports those goods shall designate the
been carried out and effective, proportionate and
crossing point which is intended to be used for taking
targeted measures based upon that assessment have
them back into the areas under the effective control of
been adopted. Those goods shall be subject to confis
the Government of the Republic of Cyprus and shall
cation by the customs authorities of the Republic of
inform the competent authorities of the Republic of
Cyprus.

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EN
19.7.2013 Official
Journal
of
the
European
Union L
196/3
2. In
accordance
with
Article
4(9),
it
shall
be
prohibited
4. The goods referred to in the paragraphs 1 to 3 shall
to take back live animals which are subject to Union
not be subject to further customs formalities.
veterinary requirements.
The competent customs authorities of the Republic of
Cyprus may however perform effective risk analysis and
3. Consignments
of
animal
products
which
are
subject
to
customs security checks in accordance with the applicable
Union veterinary requirements may be taken out of the
legal provisions, on the basis of the documentation
areas under the effective control of the Government of
concerning the goods being transported.
the Republic of Cyprus and be taken back into those
areas after passing through the areas not under the
effective control of the Government of the Republic of
The crossing points listed in Annex I shall be fully
Cyprus.
equipped, staffed and in every other way prepared to
implement the provisions laid down in paragraphs 1 to 3.’;
The competent authorities of the Republic of Cyprus shall
(2) in Article 11, paragraph 2 is replaced by the following:
ensure that consignments of animal products are not
allowed to be taken back to the areas under the effective
‘2. The
Commission
shall
monitor
the
application
of
control of the Government of the Republic of Cyprus where
Articles 4 and 5a of this Regulation and the patterns of
the total time of transportation considerably exceeds the
trade between the areas under the effective control of the
acceptable total time of transportation, considering the
Government of the Republic of Cyprus and the areas not
total transportation distance, unless the competent
under its effective control, including the volume and value
veterinary authority has carried out an assessment of the
of trade and products traded. For that purpose the Republic
risks to animal and public health and has adopted effective,
of Cyprus shall collect data and communicate it to the
proportional and targeted measures based on that
Commission on a monthly basis.’.
assessment.
Article 2
The Republic of Cyprus shall regularly and as necessary
This Regulation shall enter into force on the twentieth day
inform the Commission of any non-compliance with this
following that of its publication in the Official Journal of the
paragraph and of any measures taken to address it.
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

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