Særlige betingelser for handel med Cypern

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Proposal for a

(presented by the Commission)

Proposal for a

THE COUNCIL OF THE EUROPEAN UNION,

1. The European Council has repeatedly underlined its strong preference for accession by a reunited Cyprus. As yet a comprehensive settlement has not been reached. Having in mind that the Turkish Cypriot community in the referendum on a comprehensive settlement of the Cyprus problem as proposed by the UN Secretary General has expressed its clear desire for a future within the European Union, the Council on 26 April 2004 expressed its determination to put an end to the isolation of the Turkish Cypriot community and to facilitate the reunification of Cyprus by encouraging the economic development of the Turkish Cypriot community. The Council invited the Commission to bring forward comprehensive proposals to this end.
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 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, Commission Regulation (EEC) No 2454/93 and Commission Regulation (XX) on the implementation of Article 4 of Council Regulation (EC) No 866/2004 ought also to apply in the framework of this Regulation.
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,

HAS ADOPTED THIS REGULATION:

1. to carry out controls as necessary to ascertain that the specifications given by the requesting operator on the application form as referred to in Article 2 (3) are accurate;
2. to issue the accompanying document and to certify unambiguously that the goods to which it relates originate in the areas as defined in Article 1(1) of Protocol No 10 of the Act of Accession 2003 according to Articles 23 and 24 of Council Regulation (EEC) No 2913/92 and its implementing provisions;
3. to send to the Commission specimen impressions of the stamps used for the issue of the accompanying document;
4. to undertake to keep available for at least three years the application form for the accompanying document and all supporting documents;
5. to co-operate with the Commission and the competent authorities of the Member States as to the verification of the authenticity and correctness of the accompanying document as well as to prevent any risk of fraud or other irregularities;
6. to carry out on its own initiative or at the request of the Commission or the administration of a Member State, appropriate enquiries when any information appears to indicate that the provisions of this Regulation are being contravened;
7. to accept checks, audits or investigations on the spot within the body and facilitate those checks, audits or investigations in the premises of operators having requested the establishment of an accompanying document as to the validity of such document;
8. to communicate to the Commission on a monthly basis the type, the volume and the value of goods for which it has issued accompanying documents, and details of any irregularities discovered and any sanctions applied.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, […]

• Commission Decision 2002/80/EC, as last amended by Decision 2004/429/EC, imposing special conditions on the import of figs, hazelnuts and pistachios and certain products derived thereof originating in or consigned from Turkey
• Commission Decision 2002/79/EC, as last amended by 2004/429/EC, imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from China
• Commission Decision 2000/49/EC, as last amended by 2004/429/EC, imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from Egypt
• Commission Decision 2003/493/EC, as last amended by 2004/428/EC, imposing special conditions on the import Brazil nuts in shell originating in or consigned from Brazil
• Commission Decisions 1997/830/EC, as last amended by 2004/429/EC imposing special conditions on the import of pistachios and certain products derived from pistachios originating in or consigned from Iran
• Commission Decision 2004/92/EC of 21 January 2004 on emergency measures regarding chilli and chilli products

Proposal for a

THE COUNCIL OF THE EUROPEAN UNION,

1. The European Council has repeatedly underlined its strong preference for accession by a reunited Cyprus. As yet, a comprehensive settlement has not been reached.
2. The Council of 26 April 2004, considering that the Turkish Cypriot community has expressed their clear desire for a future within the European Union, recommended that the funds earmarked for the northern part of Cyprus in the event of a settlement should be used to put an end to the isolation of that community and to facilitate the reunification of Cyprus by encouraging the economic development of the Turkish Cypriot community, with particular emphasis on the economic integration of the island and on improving contact between the two communities and with the EU.
3. Following the accession of Cyprus, the application of the acquis is suspended pursuant to Article 1 (1) of Protocol No 10 of the Act of Accession 2003 in the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control (hereafter "the Areas").
4. Pursuant to Article 3 (1) of Protocol No 10, nothing in this Protocol shall preclude measures with a view to promoting the economic development of the Areas.
5. With a view to allocating the financial support in the most efficient and rapid way, it is desirable to provide that assistance can be supplied directly to the beneficiaries.
6. In accordance with Article 2 of Council Decision 1999/468 laying down the procedures for the exercise of implementing powers conferred on the Commission, measures for the implementation of this Regulation should be adopted by use of the advisory procedure provided in Article 3 of that Decision.
7. Implementing this Regulation contributes, as set out above, to the achievement of Community objectives, but the Treaty does not provide, for the adoption of this Regulation, powers other than those referred to in Article 308,

HAS ADOPTED THIS REGULATION:

1. The Community shall provide assistance to the Turkish Cypriot community with particular emphasis on economic development, on the economic integration of the island and on improving contacts between the two communities and with the EU in order to facilitate the reunification of Cyprus.
2. Assistance shall benefit inter alia local authorities, cooperatives and representatives of the civil society, in particular organisations of the social partners, business support organisations, public agencies, public administrations, local or traditional communities, associations, foundations, non-profit organisations, non-governmental organisations, and natural and legal persons.

• progressive alignment with and preparation for implementation of the acquis communautaire
• the promotion of social and economic development including restructuring, in particular concerning rural development, human resources development and regional development
• the development and restructuring of infrastructure, in particular in the areas of energy and transport, the environment, telecommunications and water supply
• reconciliation, confidence building measures, and support to civil society
• bringing the Turkish Cypriot community closer to the Union, through inter alia information of the European Union’s political and legal order, promotion of people to people contacts and scholarships for studies in Member States other than Cyprus.

1. The Commission shall be responsible for administering the assistance.

1. The Commission shall be assisted by the Committee provided for in Article 9 (1) of Council Regulation (EEC) No 3906/89, composed of representatives of the Member States and chaired by a representative of the Commission.
2. The Committee shall give its opinion on draft financing decisions, where they are in excess of € 5 million. The Commission may approve, without seeking the opinion of the Committee, financing decisions on supporting activities falling under Article 4 (3) of this Regulation, and amendments to financing decisions complying with the objective of the programme and not exceeding 15 % of the financial envelope.
3. Where, in accordance with paragraph 3, the Committee is not consulted on financing decisions, the Commission shall inform it no later than one week after the decision is taken.
4. For the purposes of this Regulation, the advisory procedure laid down in Article 3 of Decision 1999/468/EC shall apply, in compliance with Article 7 (3) thereof.

1. Assistance under this Regulation may, inter alia, finance procurement contracts, grants, including interest rate subsidies, special loans, loan guarantees and financial assistance.
2. Assistance may be financed in full by the budget where it is justified and necessary to achieve the objectives of this Regulation
3. Assistance may also be used to cover in particular the costs for supporting activities such as preliminary and comparative studies, training, activities linked to preparing, appraising, managing, implementing, monitoring, controlling and evaluation of assistance, activities linked to information and visibility purposes as well as costs for supporting staff, renting of premises and supply of equipment.

Article 5
Implementation of Assistance

4. Actions under this regulation shall be implemented according to the rules set down in Title IV of part 2 of Council Regulation 1605/2002. All individual legal commitments relating to assistance under this Regulation shall be concluded no later than three years following the date of the budgetary commitment.
5. The Commission may, within the limits established in Article 54 of Regulation 1605/2002, decide to entrust tasks of public authority, and in particular implementation tasks, to the bodies listed in Article 54 (2) of this Regulation. The selection criteria for the bodies listed in Article 54 (2) c) are the following:

• internationally recognized standing,
• compliance with internationally recognized systems of management and control, and
• supervision by a public authority of a Member State or by an international organisation/institution.

1. Actions under this Regulation may be implemented by shared management according to the rules set down in Title I and II of part 2 of Council Regulation 1605/2002.

Article 6
Protection of Community’s financial interests

2. The Commission shall ensure that, when actions financed under this Regulation are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Council Regulations (EC, Euratom) No 2988/95 and (Euratom, EC) No 2185/96, and with Regulation (EC) No 1073/1999 of the European Parliament and of the Council.
3. For the Community actions financed under this Regulation, the notion of irregularity referred to in Article 1, paragraph 2 of Regulation (EC, Euratom) No 2988/95 shall mean any infringement of a provision of Community law or any breach of a contractual obligation resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the Communities or budgets managed by them, by an unjustified item of expenditure.
4. Any agreements with the beneficiaries must expressly provide for the Commission and the Court of Auditors to have the power of audit, on the basis of documents and on the spot, over all contractors and subcontractors who have received Community funds. Those agreements shall also expressly authorise the Commission to carry out on-the-spot checks and inspections in accordance with the procedural provisions of Council Regulation (EC, Euratom) No 2185/96.
5. All contracts resulting from the implementation of assistance shall ensure the right of the Commission and the Court of Auditors as provided for in paragraph 3, during and after the implementation of contracts.

Article 7
Participation in tenders and contracts

6. Participation in the award of procurement or grant contracts financed under this Regulation shall be open to

• all natural or legal persons of Member States of the European Union, including those residing or established in the Areas,
• all natural or legal persons who are nationals of, or legally established on the territory of another Member State of the European Economic Area,
• all natural or legal persons who are nationals of, or legally established on the territory of Candidate Countries for Accession to the European Union.

1. Participation in the award of procurement or grant contracts financed under this Regulation shall be open to all natural or legal persons who are nationals of, or legally established on the territory of, any other country than those referred to in paragraph 1 in cases where reciprocal access to their external assistance has been established.
2. Participation in the award of procurement or grant contracts financed under this Regulation shall be open to international organisations.
3. All supplies and materials purchased under a contract financed under this Regulation must originate from the Community, the Areas or a country eligible according to paragraphs (1) to (2) above.
4. The Commission may, in duly substantiated cases and on a case-by-case basis, authorise the participation of natural and legal persons from other countries or the use of supplies and materials of different origin.

This regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,