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The Customs Department on Monday issued extensive clarification on what conditions that apply and why on importation of fuel from the north.
Those crossing back from the north with filled up tanks could theoretically face a fine of €4/litre, a customs department official told Cyprus Mail on Thursday–if the act was proven to be a systematic attempt at dodging costs in the south.
However, an exemption on import duties is granted on the condition that the fuel is not intended for re-sale and is not of a commercial nature. The fuel is considered non-commercial provided that, among other things, it is transported occasionally.
The announcement makes reference to provisions of the Green Line Regulation (EC no. 866/2004) in relation to the movement of goods through approved crossing points from the north into the Republic of Cyprus.
It is emphasized that EU legislation quoted on media regarding import duty exemptions from “third countries to an EU member state” (articles 6 and 11 of Directive 74/2007 of the Council of Europe), do not apply in this case, as the Republic of Cyprus considers the whole island to be a single country and the north cannot be endorsed as a ‘third country’ state.
Rather the whole island is considered an EU member state, however, EU regulation is suspended in the north where the RoC government does not exercise control, according to protocol no. 10 of the 2003 Act of Accession.
“The Customs Department is the custodian of the purpose for which the Green Line Regulation [was] established and faithfully implements its provisions for the […] purpose of combating smuggling, ensuring equal protection and security on EU territory, dealing with threats to [its] public order and [safeguarding its] economic interest,” the announcement states.
“Given that the [Green Line] is not an external EU border it is necessary to establish special rules for the passage of goods, services and persons through the line [..] and the main authority for the adoption of said rules belongs to the Republic of Cyprus,” the statement continues, adding,
“The above-mentioned areas are temporarily outside [of] the customs and fiscal territory of the [EU] outside the free zone, [outside of] justice and security [and therefore] specific rules should ensure an equivalent level of protection of EU security in relation to illegal immigration, threats to public order, and to its economic interests, in relation to the circulation of goods.”
“Furthermore, in accordance with the preamble of the Green Line Regulation, the regulation aims to facilitate trade and other links between the [north] and the areas under […] control of the […] Republic […], while ensuring appropriate levels of protection,” the statement concludes.
It is further clarified that the Regulation in its definitions in article 1 provides reference to “areas that are outside the effective control of the government of the Republic of Cyprus” and reference to “areas within the Republic of Cyprus” only.
Regarding the crossing and control of persons, the Regulation, in article 2, provides that “the Republic […] shall carry out checks on all persons who cross the line, with the aim of combating illegal immigration of third country nationals and identifying [and] preventing threats to public safety and order. These controls also govern vehicles and items in the possession of persons crossing the line.”
According to Article 6, Par. 1 of the Green Line Regulation (Council Directive 69/169/EEC of May 28, 1969; and Regulation EEC No 918/83 of the Council of 28 March 1983) goods contained in the personal luggage of persons crossing the line are exempt from tax and duties provided that they are non-commercial and their total value does not exceed €260 per person.
The announcement also notes that, according to EU law, fuel is not considered personal luggage.
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Dave
Moira And Dave
“I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant.”
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