1.   The accompanying document referred to in Article 4(5) of Council Regulation (EC) No 866/2004 shall fulfil the following conditions:

The accompanying document shall be made out on forms corresponding to the specimen given in Annex I.

2.   Operators requesting an accompanying document shall submit a written application to the issuing bodies referred to above. This application shall contain the following information:

The application form shall be made out on forms corresponding to the specimen given in Annex II.

3.   The bodies mentioned in paragraph 1(2) shall forward to the Commission, the Government of Cyprus, and the authorities of the Eastern Sovereign Base Area the names and titles of the persons entrusted to sign the documents as well as a specimen of their signature and the stamp used.

4.   The authorities of the Republic of Cyprus shall inform the Commission services of cases of reasonable doubt as to the compliance of the goods with the origin criteria. In such cases, the authorities of the Republic of Cyprus shall allow the goods to cross the line under the conditions set out in Article 4(2) of Council Regulation (EC) No 866/2004, subject to any precautionary measures judged necessary while awaiting the results of subsequent verification.

If it is established that the documents have been issued without the conditions having been properly fulfilled, all duties and taxes due on the release for free circulation of the goods into the customs territory of the Community shall be due, at the rate applicable to third countries in the absence of any preferential treatment. The provisions concerning the incurrence of a customs debt and its recovery shall apply mutatis mutandis.

1.   Where goods consist of plants, plant products and other objects covered by Part B of Annex V to Directive 2000/29/EC, independent phytosanitary experts appointed by the Commission and operating in coordination with the Turkish Cypriot Chamber of Commerce for the implementation of Regulation (EC) No 866/2004, shall inspect the goods at the stage of production and again at harvest and at stage of marketing.

In the case of potatoes, the above experts shall verify that the potatoes in the consignment were grown directly from seed potatoes certified in one of the Member States or from seed potatoes certified in any other country for which the entry into the Community of potatoes intended for planting is not prohibited pursuant to Annex III to Directive 2000/29/EC.

In the case of citrus fruits, the above experts shall verify that the fruits have been found to be free from leaves and peduncles and bear the appropriate origin mark.

2.   If the above experts, to the best of their knowledge and as far as can be determined, establish that the relevant plants, plant products or other objects in the consignment comply with the relevant requirements and checks as set out in Annex II of Regulation (EC) No 866/2004 as well as with the provisions of the second and third subparagraph of paragraph 1, they shall report their findings, using the model form of ‘Report of phytosanitary inspection’ under Annex III to this Regulation. The ‘Report of phytosanitary inspection’ shall be added as a supplement to the accompanying document as referred to in Article 2.

The experts shall not issue ‘Reports of phytosanitary inspection’ in respect of plants intended for planting, including tubers of Solanum tuberosum (L.) intended for planting.

3.   They shall consequently seal the lorries or other means of transport in such a way as to prevent any opening of the consignment until it crosses the line. No commodities covered by the provisions of this Article shall be moved across the line unless the said report form is filled in completely and duly signed by at least one of the above mentioned phytosanitary experts.

4.   Upon arrival in the areas in which the Government of the Republic of Cyprus exercises effective control, the competent authorities shall examine the consignment. Where applicable, the ‘Report of phytosanitary inspection’ shall be replaced by a plant passport, issued in conformity with the provisions of Commission Directives 92/105/EEC (3) and 93/51/EEC (4).

5.   If the consignment consists of or contains potato lots, an appropriate part of these lots shall be examined in respect of Ralstonia solanacearum (Smith) Yabuuchi et al. and Clavibacter michiganensis ssp. sepedonicus (Spieckermann et Kotthoff) Davis et al., in accordance with the Community established methods for the detection and diagnosis of those harmful organisms.

1.   For food safety reasons the movement across the line of compound feedings stuffs, feed additives, pre-mixtures, or all feedings stuffs containing products of animal origin and any product falling under the Commission Decisions listed in Annex IV as well as similar decisions adopted in the future shall be prohibited. Articles 6, 7 and 18 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (5) shall apply mutatis mutandis.

2.   The authorities of the Republic of Cyprus and the authorities of the Eastern Sovereign Base Area shall ensure that goods crossing the line comply with the EC rules on health, safety, environmental and consumer protection and on the prohibition on the bringing in of counterfeit and pirated goods.

1.   The Turkish Cypriot Chamber of Commerce or another body authorised pursuant to Article 4(5) of Regulation (EC) No 866/2004 shall communicate to the Commission on a monthly basis the type, volume, and value of goods for which it has issued the documents referred to in Article 2(1), and details of any irregularities discovered and any sanctions applied.

2.   The authorities of the Republic of Cyprus, in accordance with Article 4(2) and (3) of Regulation (EC) No 866/2004, shall communicate to the Commission on a monthly basis the type, volume and the value of goods that have, according to the declarations contained in the documents referred to in Article 2(1), crossed the line, details of any irregularities discovered and any sanctions applied, and details of any tariffs or duties levied on goods subject to export refunds or intervention measures.

3.   The authorities of the Republic of Cyprus shall communicate to the Commission every three months the type, the volume, and the value of goods the final destination of which had not been the Republic of Cyprus according to the declarations contained in the documents referred to in Article 2(1). Goods having a Member State other than Cyprus as their final destination shall be separately mentioned.

1.   Any natural or legal person shall have a right of access to documents of the Translation Centre for the bodies of the European Union (the Centre) subject to the principles, conditions and limits laid down in Regulation (EC) No 1049/2001 and in accordance with the provisions of this decision.

2.   Documents in the Centre’s possession for translation purposes only are not held by the Centre within the meaning of Article 2(3) of Regulation (EC) No 1049/2001.

1.   All applications for access to a document shall be sent to the Centre via its website (www.cdt.eu.int), by e-mail (cdt@cdt.eu.int), by mail (Translation Centre for the Bodies of the European Union, Bâtiment Nouvel Hémicycle, 1 rue du Fort Thüngen, L-1499 Luxembourg), or by fax ((352) 421711 220). The Centre shall reply to initial and confirmatory access applications within 15 working days from the date of registration of the application. In the case of complex or bulky applications, the deadline may be extended by 15 working days. Reasons must be given for any extension of the deadline and be notified to the applicant in advance.

2.   If an application is not sufficiently precise, as referred to in Article 6(2) of Regulation (EC) No 1049/2001, the Centre shall ask the applicant to provide further information to help identify the documents requested; the deadline for reply shall run only from the date on which the Centre is in receipt of such information.

3.   Any decision which is even partly negative shall state the reason for the refusal based on one of the exceptions listed in Article 4 of Regulation (EC) No 1049/2001 and shall inform the applicant of the remedies open to it.

1.   Once the application has been registered, an acknowledgement of receipt shall be sent to the applicant, unless a reply is sent immediately. The acknowledgement of receipt and the reply shall be sent in writing, where appropriate in electronic form.

2.   Subject to the provisions of Article 9 of this decision, the Administration Department shall have the power to decide on the action to be taken with regard to initial applications. To that end, a member of staff shall be assigned to process applications for access and to coordinate replies.

The applicant shall be informed of the outcome of its application.

Any reply which is even partly negative shall inform the applicant of its right to submit, within 15 working days from receipt of the reply, a confirmatory application to the Centre.

3.   In the event of a total or partial refusal, the applicant may, within 15 working days of receiving the Centre’s reply, make a confirmatory application asking the Centre to reconsider its position.

4.   Failure by the Centre to reply within the prescribed time-limit shall entitle the applicant to make a confirmatory application.

1.   The Director of the Centre shall decide on confirmatory applications. He shall inform the Centre’s Management Board of his decision.

2.   The decision shall be notified to the applicant in writing, where appropriate in electronic form, informing the applicant of its right to bring an action before the Court of First Instance or to lodge a complaint with the European Ombudsman.

1.   Where the Centre receives an application for access to a document which it holds but which originates from a third party, the Centre shall examine whether one of the exceptions provided for under Article 4 of Regulation (EC) No 1049/2001 applies.

2.   If, after examination, the Centre considers that access to the document requested must be refused by reason of one of the exceptions provided for in Article 4 of Regulation (EC) No 1049/2001, the negative answer shall be sent to the applicant without consultation of the third-party author.

3.   Subject to the provisions of paragraph 4 of this Article, the Centre shall grant the application without consulting the third-party author where:

In all other cases, the third-party author shall be consulted.

4.   If an application for access concerns a document originating from a Member State, the Centre shall consult the originator subject to the provisions of paragraph 3(a) of this Article.

5.   The third party consulted shall have not less than five working days in which to reply, or enough time to allow the Centre to meet its own time limits for replying. If no reply is received within the prescribed period, or if the third party cannot be found or identified, the Centre shall decide in accordance with the rules on exceptions stated in Article 4 of Regulation (EC) No 1049/2001, taking account of the legitimate interests of the third party on the basis of the information at its disposal.

6.   If the Centre intends to give access to a document against the explicit opinion of the author, it shall inform the author of its intention to disclose the document after a period of 10 working days and shall draw the author’s attention to the remedies open to it to oppose such disclosure.

1.   Documents shall be sent by mail, fax or, if available, by e-mail. If documents are voluminous or unwieldy, the applicant may be asked to consult the documents on the spot. This consultation shall be free of charge.

2.   If the document has been published, the reply shall consist of references to the publication and/or the place where the document is available and, where appropriate, the address of the document on the website www.cdt.eu.int.

3.   If the volume of the documents requested exceeds 20 pages, the applicant may be charged a fee of EUR 0,10 per page, plus delivery charge. The amount of this fee may be amended by the Centre’s Director. The charges for other media shall be decided individually, but shall not exceed a reasonable amount.

1.   To make citizens’ rights under Regulation (EC) No 1049/2001 effective, the Centre shall provide public access to a register of documents. Access to the register shall be provided in electronic form.

2.   The register shall contain the title of the document (in the languages in which it is available), including, where applicable, other useful references, an indication of its author and the date of its creation or adoption.

3.   A help page (in all official languages) shall inform the public how the document can be obtained. If the document is published, there shall be a link to the original text.

1.   This article applies only to documents drawn up or received after the date of implementation of Regulation (EC) No 1049/2001.

2.   The following documents shall be automatically provided on request and, as far as possible, made directly accessible in electronic form: