As regards Cyprus, Council Regulation (EC) No 866/2004 (12) provides for specific rules that apply to the line between the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus exercises effective control and those areas in which it does not exercise effective control. Although that line does not constitute an external border, a situation where a third country or a hostile non-state actor encourages or facilitates the movement of third-country nationals or stateless persons to cross that line should be considered as instrumentalisation, if all the other elements of instrumentalisation are present.
12. Council Regulation (EC) No 866/2004 of 29 April 2004 on a regime under Article 2 of Protocol No 10 of the Act of Accession (OJ L 161, 30.4.2004, p. 128). ↩︎