Cypriot government has legal obligation to survey Green Line

by Athena Arsalidou

Nicosia, (CNA) – The European Commission has called upon the Republic of Cyprus to take all necessary measures to combat illegal immigration through the Green Line, between the government controlled areas and Turkish occupied areas of Cyprus.

In an interview with CNA Head of Unit Turkish Cypriot Taskforce at the DG Enlargement of the European Commission Andrew Rasbash has said that the Republic of Cyprus has the legal obligation to survey the Green Line so to discourage illegal migration.

He reminded that in its annual reports on the Green Line Regulation the European Commission expresses its concern for the high number of illegal immigrants crossing the Green Line every year and urges the authorities of the Republic of Cyprus to take concrete steps “without delay”.

In his interview with CNA, the EU official also referred to three issues, which the Commission intends to address by the planned revision of the Green Line Regulation regarding trade.

The Green Line Regulation defines the terms under which the provisions of the EU law apply to the movement of goods, services and persons across the line between the areas of the Republic of Cyprus in which the Government of the Republic does not exercise effective control and the areas in which it does.

Illegal immigration
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The EU official referred to Cyprus’ legal obligation to survey the Green Line, thus combating illegal immigration.

“Article 3 of the Green Line Regulation provides that ”effective surveillance shall be carried out by the Republic of Cyprus all along the line, in such a way as to discourage people from circumventing checks at the crossing points”, Rasbash told CNA.

“In other words, the Republic of Cyprus has a legal obligation to effectively survey the Green Line”, he added.

The EU official said that the legal obligation of the Republic of Cyprus is to survey the Green Line between the crossing points so as to have the effect of discouraging illegal migration.

He indicated that the Green Line Regulation does not mandate how this should be done.

Asked whether any measures taken by the Republic of Cyprus could lead to the conclusion that the Green Line constitutes an external border, he said:

“In any case, the Green Line Regulation clearly confirms in its recital 7 that the Green Line does not constitute an external border of the EU”.

Although he reassured that the Green Line does not constitute an external border of the EU, he said that the rules concerning the crossing of the Green Line by persons are similar to those applying at the external frontiers of the EU.

“The Republic of Cyprus is responsible for enforcing these rules, together with the authorities of the UK Sovereign Base Areas. The Commission is required to monitor and report to EU Member States on the implementation of the Regulation”, he added.

Regarding the European Union’s contribution in combating illegal immigration, Rasbash told CNA that as the Green Line does not constitute an external border the operational and financial means of the EU (e.g. the FRONTEX Agency or the External Border Fund) could not be deployed at the Green Line.

The EU official was also asked what could happen if the Cypriot government does not take stricter measures at the Green Line.

“The Commission is tasked with monitoring the implementation by Member States of their obligations under EU law. There is a standard and well-used set of procedures available to allow the Commission to carry out this task”, he said.

Asked about the illegal sea route between the Turkish occupied port of Famagusta and Latakia, Syria and whether the EU can exert any pressure on Syria to stop the illegal routes, Rasbash said that one important element of the Global Approach on Migration is the cooperation with countries of origin and transit and namely the involvement of countries of transit in the fight against illegal immigration.

Rasbash replied negatively when asked whether Cyprus can ask for an exemption from the EU immigration/asylum law to discourage illegal immigration until a Cyprus settlement has been reached.

Trade
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The EU official told CNA the Commission intends to address three issues by the planned revision of the Green Line Regulation.

The first issue is the lifting of remaining duties on agricultural products.

“This is not only relevant for wholly obtained products, such as tomatoes, olives, etc., but also for processed goods such as olive oil or Turkish Delights. So far, for instance, traders had to pay duties on the sugar contained in the latter product”, he said.

Secondly, transparent rules for the temporary introduction of goods are created.

“The Commission’s aim is to help Turkish Cypriot companies to provide services in the government-controlled areas by allowing the temporary introduction of equipment. Furthermore, it will be much easier to expose Turkish Cypriot goods at trade fairs in the government-controlled areas or to repair machines there. Turkish Cypriot companies will have the right to introduce these goods temporarily”, Rasbash told CNA.

He named as third issue the Commission’s intention to increase the 135-euro limit allowing persons crossing from the southern to the northern part of the island to do shopping at Turkish Cypriot shops and bring back the goods free of import duties and taxes.

“The increase is meant to give a push to Turkish Cypriot small shop keepers”, he noted.

Asked by CNA when will the above new rules be implemented, he said that the Commission intends to present the proposal early during the Slovenian Presidency to the Council.

“In order to get adopted, all EU Member States need to give their approval”, he concluded.