ANNEX
References in this Protocol to Directives and Regulations shall be interpreted as
references to those Directives and Regulations as amended or substituted from
time to time and their implementing acts.
PART ONE
1.
Council Regulation (EEC) No 2913/92 of 12 October 1992 estab-
lishing the Community Customs Code of which Article 3(2) shall be
replaced by the following:
‘2.
The following territories situated outside the territory of the
Member States shall, taking the conventions and treaties
applicable to them into account, be considered to be part of
the customs territory of the Community:
(a) FRANCE
The territory of the principality of Monaco as defined in the
Customs Convention signed in Paris on 18 May 1963 (Official
Journal of the French Republic of 27 September 1963, p.
8679)
(b) CYPRUS
The territory of the United Kingdom Sovereign Base Areas of
Akrotiri and Dhekelia as defined in the Treaty concerning the
Establishment of the Republic of Cyprus, signed in Nicosia on
16 August 1960 (United Kingdom Treaty Series No 4 (1961)
Cmnd. 1252)’;
2.
Council Regulation (EEC) No 2658/87 of 23 July 1987 on the
tariff and statistical nomenclature and on the Common Customs Tariff;
3.
Council Regulation (EEC) No 918/83 of 28 March 1983 setting
up a Community system of reliefs from customs duty;
4.
Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying
down provisions for the implementation of Council Regulation (EEC)
No 2913/92 establishing the Community Customs Code;
5.
Council Regulation (EEC) No 3677/90 of 13 December 1990
laying down measures to be taken to discourage the diversion of
certain substances to the illicit manufacture of narcotic drugs and
psychotropic substances;
6.
Council Directive 92/109/EEC of 14 December 1992 on the
manufacture and the placing on the market of certain substances
used in the illicit manufacture of narcotic drugs and psychotropic
substances;
7.
Council Regulation (EEC) No 3911/92 of 9 December 1992 on
the export of cultural goods;
8.
Council Regulation (EC) No 3295/94 of 22 December 1994
laying down measures concerning the entry into the Community and
the export and re-export from the Community of goods infringing
certain intellectual property rights;
9.
Commission Regulation (EC) No 1367/95 of 16 June 1995 laying
down provisions for the implementation of Council Regulation (EC) No
3295/94 laying down measures concerning the entry into the
Community and the export and re-export from the Community of
goods infringing certain intellectual property rights;
10.
Council Regulation (EC) No 1334/2000 of 22 June 2000 setting
up a Community regime for the control of exports of dual-use items
and technology.
PART TWO
1.
Sixth Council Directive 77/388/EEC of 17 May 1977 on the
harmonisation of the laws of the Member States relating to turnover
taxes — Common system of value added tax: uniform basis of
assessment of which:
(a) Article 3(4), first subparagraph, shall be replaced by the following:
‘By way of derogation from paragraph 1, in view of:
— the conventions and treaties which the Principality of Monaco
and the Isle of Man have concluded respectively with the
French Republic and the United Kingdom of Great Britain
and Northern Ireland,
— the Treaty concerning the Establishment of the Republic of
Cyprus,
the Principality of Monaco, the Isle of Man and the United
Kingdom Sovereign Base Areas of Akrotiri and Dhekelia shall not
be treated for the purpose of the application of this Directive as
third territories.’
(b) Article 3(4), second subparagraph, shall be amended by the
addition of a third indent as follows:
‘— the United Kingdom Sovereign Base Areas of Akrotiri and
Dhekelia are treated as transactions originating in or
intended for the Republic of Cyprus.’
2.
Council Directive 92/12/EEC of 25 February 1992 on the general
arrangements for products subject to excise duty and on the holding,
movement and monitoring of such products: Article 2(4) shall be
amended by the addition of a fifth indent as follows:
‘— the United Kingdom Sovereign Base Areas of Akrotiri and
Dhekelia are treated as transactions originating in or intended
for the Republic of Cyprus.’
PART THREE
1.
Article 135 of Council Regulation (EEC) No 918/83 of 28 March
1983 setting up a Community system of reliefs from customs duty
shall be amended by the addition of a new point (d), as follows:
‘(d) by the United Kingdom of the reliefs on importations of goods for
the use of its forces or the civilian staff accompanying them or for
supplying their messes or canteens resulting from the Treaty of
Establishment concerning the Republic of Cyprus, dated 16 August
1960.’
EN
942
Official Journal of the European Union
23.9.2003
2.
Sixth Council Directive 77/388/EEC of 17 May 1977 on the
harmonisation of the laws of the Member States relating to turnover
taxes — Common system of value added tax: uniform basis of
assessment, shall be amended:
(a) by the insertion of a fourth indent in Article 14(1)(g), as follows:
‘— the exemptions set out in the third indent shall extend to
imports by and supplies of goods and services to the forces
of the United Kingdom stationed in the island of Cyprus
pursuant to the Treaty of Establishment concerning the
Republic of Cyprus, dated 16 August 1960, which are for
the use of the forces or the civilian staff accompanying them
or for supplying their messes or canteens.’
(b) by the replacement of Article 17(3)(b) with the following:
‘(b) transactions which are exempt under Article 14(1)(g) and (i)
and under Articles 15, and 16(1)(B) and (C), and paragraph 2’.
3.
Article 23(1), first subparagraph, of Council Directive 92/12/EEC
of 25 February 1992 on the general arrangements for products subject
to excise duty and on the holding, movement and monitoring of such
products shall be amended by the addition of a new indent, as follows:
‘— for the armed forces of the United Kingdom stationed in the island
of Cyprus pursuant to the Treaty of Establishment concerning the
Republic of Cyprus dated 16 August 1960, for the use of those
forces, for the civilian staff accompanying them or for supplying
their messes or canteens’.
PART FOUR
1.
In this Protocol:
(a) ‘external borders of the Sovereign Base Areas’ means their sea
boundaries and their airports and seaports, but not their land or
sea boundaries with the Republic of Cyprus;
(b) ‘crossing points’ shall mean any crossing point authorised by the
competent authorities of the United Kingdom for the crossing of
external borders.
2.
The United Kingdom shall only allow the external borders of the
Sovereign Base Areas to be crossed at crossing points.
3. (a) Nationals of third countries shall only be permitted to cross the
external borders of the Sovereign Base Areas if —
(i) they possess a valid travel document;
(ii) they are in possession of a valid visa for the Republic of
Cyprus, if required;
(iii) they are engaged in defence-related activity or are the family
member of a person who is engaged in such activity; and
(iv) they are not a threat to national security.
(b) The United Kingdom may only derogate from these conditions
on humanitarian grounds, on grounds of national interest or in
order to comply with its international obligations.
(c) For the purpose of the undertaking in letter (a)(ii) members of a
force, civilian component and dependants, as defined in Annex
C to the Treaty of Establishment, shall be treated as not
requiring a visa for the Republic of Cyprus.
4.
The United Kingdom shall carry out checks on persons crossing
the external borders of the Sovereign Base Areas. These checks shall
include the verification of travel documents. All persons shall undergo
at least one such check in order to establish their identity.
5.
The competent authorities of the United Kingdom shall use
mobile units to carry out external border surveillance between
border crossing points and at crossing points outside of normal
opening hours. This surveillance shall be carried out in such a way
as to discourage people from circumventing the checks at crossing
points. The competent authorities of the United Kingdom shall
deploy enough suitably qualified officers to carry out checks and
surveillance along the external borders of the Sovereign Base Areas.
6.
The United Kingdom authorities shall maintain constant close
cooperation with the authorities of the Republic of Cyprus with a
view to the effective implementation of checks and surveillance.
7. (a) An applicant for asylum who first entered the island of Cyprus
from outside the European Community by one of the Sovereign
Base Areas shall be taken back or readmitted to the Sovereign
Base Areas at the request of the Member State of the European
Community in whose territory the applicant is present.
(b) The Republic of Cyprus, bearing in mind humanitarian
considerations, shall work with the United Kingdom with a
view to devising practical ways and means of respecting the
rights and satisfying the needs of asylum seekers and illegal
migrants in the Sovereign Base Areas, in accordance with the
relevant Sovereign Base Area Administration legislation.
EN
23.9.2003
Official Journal of the European Union
943