Rules for trade across the Green Line in Cyprus

SUMMARY OF:

Regulation (EC) No 1480/2004 laying down specific rules concerning goods arriving from the areas not under the effective control of the Government of Cyprus in the areas in which it exercises effective control

Implementing Regulation (EU) 2023/455 correcting Regulation (EC) No 1480/2004 laying down specific rules concerning goods arriving from the areas not under the effective control of the Government of Cyprus in the areas in which it exercises effective control

WHAT IS THE AIM OF THE REGULATIONS?

Regulation (EC) No 1480/2004, which is adopted in accordance with Regulation (EC) No 866/2004 (the ‘Green Line’ regulation):
- lays down rules on the trade of goods across the Green Line* from the areas of Cyprus not under the effective control of the Government of Cyprus (‘the areas’) to the areas of Cyprus under its effective control;
- provides the necessary authority for independent experts appointed by the European Commission to carry out phytosanitary checks* on all fruits and vegetables grown in the areas.
Regulation (EU) No 2023/455 amends the above regulation to include a provision that experts may inspect potatoes grown from farm-saved seed potatoes in the areas to determine whether they may be traded across the Green Line.

KEY POINTS

Accompanying documents

To be traded across the Green Line, all goods from the areas must be accompanied by a document as set out in Annex I to Regulation (EC) No 1480/2004. This document:

contains details to identify the goods (description, volume, value, item number and quantity, names and addresses of producer, consignor and consignee);
ensures compliance with rules of origin and certifies that the goods originate from the areas;
is issued by the Turkish Cypriot Chamber, which checks that the information is accurate;
is not issued for goods subject to European Union (EU) trade defence measures.

Operators requesting the document must:

submit a written application, as set out in Annex II to the regulation, containing statements from the producer on the origin of the goods and from the consignor on their destination;
keep all relevant documentation for at least 3 years.

The RoC:

informs the Commission if it suspects that rules of origin are being flouted; in such cases, the goods may be traded across the Green Line, but subject to payment of all duties and taxes if the documents are found not to be in order;
levies value added tax on goods from the areas if these are subsequently sent to other EU Member States.

Phytosanitary inspection and reporting

The Commission appoints independent phytosanitary experts. These experts:

inspect all plants, plant products and other objects requiring a phytosanitary certificate, during production, harvesting and marketing;
determine whether the goods are free from EU quarantine pests or whether they comply with thresholds for non-quarantine pests;
verify that potatoes are grown from certified seed potatoes or from farm-saved seed potatoes under expert supervision;
issue a report, as set out in Annex III to the regulation, if satisfied of the consignments’ compliance with the criteria, and attach this to the accompanying document;
seal the lorries or other forms of transport being used to ensure the consignment is not opened until it crosses the Green Line where it is examined by Cypriot authorities.

Food and product safety

Annex IV to the regulation contains a list of Commission decisions which prohibit, on the grounds of food safety, the transport across the Green Line of items such as compound feeding stuffs and feed additives.
Authorities of Cyprus and the Eastern Sovereign Base Area* ensure goods being transported comply with EU health, safety, environmental and consumer protection rules, and the ban on trade in counterfeit and pirated goods.

Communication obligations

The Turkish Cypriot Chamber of Commerce and the Cypriot authorities inform the Commission every month of:

the type, volume and value of goods issued with an accompanying document and traded across the Green Line;
any irregularities discovered and sanctions applied and, in the case of the Cypriot authorities, any tariffs or duties levied on goods subject to export refunds or intervention.

The Cypriot authorities inform the Commission every 3 months of the type, volume and value of goods whose final destination is outside the country.

FROM WHEN DO THE REGULATIONS APPLY?

Regulation (EC) No 1480/2004 has applied since 23 August 2004.
Implementing Regulation (EU) 2023/455 has applied since 6 March 2023.

BACKGROUND

Following the adoption of Regulation (EU) 2016/2031 on protective measures against plant pests (see summary), a far wider variety of fruits and vegetables had to undergo phytosanitary inspection to be able to enter the EU. The same rules need to apply in the areas for the existing trade across the Green Line to continue.

KEY TERMS

Green Line. It is a United Nations-controlled buffer zone which delineates Cyprus's Greek and Turkish communities. It extends roughly 180 kms across the island. Its northern and southern limits are the lines where the two entities stood following the ceasefire of 16 August 1974, as recorded by the United Nations Peacekeeping Force in Cyprus.

Phytosanitary checks. Measures to protect human, animal or plant health.

Eastern Sovereign Base Area. It is an area of Cyprus (formerly a colony of the United Kingdom (UK)) which remains under UK sovereignty for military purposes in accordance with the 1960 treaty of independence signed by the United Kingdom, Greece, Turkey and representatives from the Greek and Turkish Cypriot communities.

MAIN DOCUMENTS

Commission Regulation (EC) No 1480/2004 of 10 August 2004 laying down specific rules concerning goods arriving from the areas not under the effective control of the Government of Cyprus in the areas in which the Government exercises effective control (OJ L 272, 20.8.2004, pp. 3–10).

Successive amendments to Regulation (EC) No 1480/2004 have been incorporated into the original text. This consolidated version is of documentary value only.

Commission Implementing Regulation (EU) 2023/455 of 2 March 2023 correcting Regulation (EC) No 1480/2004 laying down specific rules concerning goods arriving from the areas not under the effective control of the Government of Cyprus in the areas in which the Government exercises effective control (OJ L 67, 3.3.2023, pp. 41–42).