Commission Regulation (EC) No 230/2004 of 10 February 2004 amending Regulation (EC) No 1972/2003 on transitional measures to be adopted in respect of trade in agricultural products on account of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia
Date: 2004-02-10
Institutions: European Commission
Subjects: Baltic States, Central and Eastern Europe, Cyprus, Malta, accession to the European Union, agricultural product, agricultural trade

11.2.2004

EN

Official Journal of the European Union

L 39/13

COMMISSION REGULATION (EC) No 230/2004

of 10 February 2004

amending Regulation (EC) No 1972/2003 on transitional measures to be adopted in respect of
trade in agricultural products on account of the accession of the Czech Republic, Estonia, Cyprus,
Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

Having regard to the Treaty of Accession of
the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Poland, Slovenia and Slovakia, and in particular Article 2(3)
thereof,

Having regard to the Act of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia, and in particular Article 41, first para-
graph, thereof,

Regulation (EC) No 1972/2003 is amended as follows:

1. Article 4 is amended as follows:

(a) paragraph 4 is replaced by the following:

‘4.
In order to ensure that the charge referred to in
paragraph 1 is correctly applied, the new Member States
shall, without delay, carry out an inventory of stocks
available as at 1 May 2004. To this end, they may use a
system for identifying holders of surplus stocks based on
a risk analysis taking due account in particular of the
following criteria:

Whereas:

(1)

(2)

(3)

(4)

Article 4(4) of Commission Regulation (EC) No 1972/
2003 (1) stipulates that
the new Member States shall
carry out, without delay, an inventory of stocks available
as at 1 May 2004 in order to ensure that the charge to
be imposed on holders of surplus stocks is applied
correctly. In order to facilitate the establishment of an
inventory which comprises a considerable number of
agricultural and non-Annex I products and to tackle
potential risks in an efficient way the new Member
States may use a system of risk analysis for identifying
holders of surplus stocks.

It is necessary to prevent goods which have attracted an
export refund from benefiting from any intervention
measure or aid as laid down in Title I, Chapters II and III
of Council Regulation (EC) No 1255/1999 (2) of 17 May
1999 on the common organisation of the market in
milk and milk products.

Regulation (EC) No 1972/2003 should be amended in
consequence.

— type of activity of the holder,

— capacity of storage facilities,

— level of activity.

The new Member States shall notify the Commission of
the quantity of products in surplus stocks, except of
those quantities in public stocks as referred to in Article
5, by 31 October 2004 at the latest.’;

(b) in the second, third, sixth, ninth and tenth indents of
is replaced by ‘2009 41 and

paragraph 5 ‘2009 40’
2009 49’;

2. the title of Article 8 ‘proof of non-payment of refunds/
production refund’ is replaced by ‘proof of non-payment of
refunds’;

3.

the second sentence is

replaced by the
in Article 9,
following:
‘Any product which attracted an export refund
shall be eligible neither for production refund when used in
the manufacturing of products referred to in Annex I to
Commission Regulation (EC) No. 1722/93 or in Annex I to
Regulation (EC) No 1265/2001 nor for any intervention
measure or aid as laid down in Title I, Chapters II and III of
Regulation (EC) No 1255/1999.’

Article 2

The measures provided for in this Regulation are in
accordance with the opinion of all
the Management
Committees concerned,

This Regulation shall enter into force subject to and on the
date of the entry into force of the Treaty of Accession of the
Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary,
Malta, Poland, Slovenia and Slovakia to the European Union.

(1) OJ L 293, 11.11.2003, p. 3.
(2) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regu-

lation (EC) No 1787/2003 (OJ L 270, 21.10.2003, p. 121).

It shall apply until 30 April 2007.

L 39/14

EN

Official Journal of the European Union

11.2.2004

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 February 2004.

For the Commission

Franz FISCHLER

Member of the Commission