Fuel from the north permitted ‘occasionally’ for personal use, president stresses (Update)

It is permissible to fuel up from the north only “occasionally” for personal use, President Nikos Christodoulides stressed on Monday night, urging the public to seek out earlier statements by the European Commission on the Green Line regulations.

“The government implements the regulation in the way it is outlined by the European Union, which has said today that it is permissible (to purchase fuel for personal vehicles) when it happens occasionally.”

European Commission spokesperson Stefan de Keersmaecker had said earlier in a press conference that fuel is among the goods which may be transported via the Green Line, provided that it is for personal use, does not exceed €260 in value, and is contained in the car’s fuel tank or in a portable container with a capacity of no more than 10 litres.

Goods “are considered to be of a non-commercial nature if they are purchased occasionally and consist exclusively of goods for the personal or family use for travellers,” he said responding to a question by the Cyprus News Agency.

Christodoulides zeroed in on the word “occasionally” stressing that otherwise “it becomes a matter of commercial character, creating unwanted competition and many other problems.”

“When some people attempt to exploit this for commercial purposes, they are going outside the scope of the regulation and should be investigated. The Commission’s statement made today, and I urge everyone to look at it, is in full agreement with us,” he concluded.

The past few weeks have been marred with confusion about the regulations, largely brought about by conflicting statements between the customs department and the government.

Last week, the customs department spokesman told the Cyprus Mail that those crossing to the north with the sole purpose of filling up their cars with petrol face a fine of €4 per litre.

The crackdown was not limited to those crossing for commercial purposes – which had been what the government had assured last month – but private cars would also be subject to inspection under an unspecified “reasonable suspicion or any other information”.

This prompted furore from the public and MPs alike, with Greens MP Alexandra Attalides voicing her concern that this could get Cyprus in trouble with the EU, as the regulations over the Green Line were crystal clear.

Referring to the Green Line Regulation, the European Commission spokesman said that the text “stipulates that goods contained in the personal luggage of persons crossing the Green Line are exempt from turnover tax and excise duty and other duties, provided that they are not of a commercial nature and that their total value does not exceed €260 per person”.

Furthermore, he added, goods “are considered to be of a non-commercial nature if they are purchased occasionally and consist exclusively of goods for the personal or family use of travellers”.

“The nature or quantity of the goods must not be such as to suggest that they are imported for commercial purposes,” de Keersmaecker specified.

Fuel, he pointed out, “is considered to fall within this definition, provided of course that it is contained in a normal vehicle petrol tank or contained in a portable container and does not exceed 10 litres.”

A customs department statement on Sunday night sought to reach the same conclusion however made a point of saying “under EU law, fuel is not considered personal luggage.”

It stressed buying petrol in the north will not be penalised provided it is not for commercial purposes.

Nonetheless, it referenced the same points as de Keersmaecker, that exemption from turnover tax and excise duty is granted for fuel contained in fuel tanks transported by private motor vehicles and in a quantity of fuel supplied in a portable container not exceeding 10 litres.

“Exemption from turnover tax and excise duty shall be granted provided that the fuel is not of a commercial nature. Fuel shall be deemed not to be of a commercial nature provided that, inter alia, it is transported occasionally and not on a regular basis.”

“The customs department is the guardian of the purpose for which the Green Line Regulations have been established and faithfully applies their provisions for the sole purpose of combating smuggling, ensuring equal protection and security within the territory of the EU and countering threats to public order and its economic interests,” its statement concluded.