Commission Regulation (EC) No 634/2004 of 5 April 2004 laying down transitional measures for the application of Council Regulation (EC) No 2202/96 and Regulation (EC) No 2111/2003 by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union
Date: 2004-04-05
Institutions: European Commission
Subjects: Cyprus, Czechia, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, accession to the European Union, transitional period (EU)

6.4.2004

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Official Journal of the European Union

L 100/19

COMMISSION REGULATION (EC) No 634/2004

of 5 April 2004

laying down transitional measures for the application of Council Regulation (EC) No 2202/96 and
Regulation (EC) No 2111/2003 by reason of the accession of the Czech Republic, Estonia, Cyprus,
Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union

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, the Republic of Estonia, the Republic of Cyprus, the
Republic of Latvia, the Republic of Lithuania, the Republic of
Hungary, the Republic of Malta, the Republic of Poland, the
Republic of Slovenia and the Slovak Republic, and in particular
Article 2(3) thereof,

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

Whereas:

(1)

(2)

Transitional measures should be adopted to allow produ-
cers and processors in the Czech Republic, Estonia,
Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia (hereafter
‘the new Member
States’)
from Council Regulation (EC) No
2202/96 of 28 October 1996 introducing a Community
aid scheme for producers of certain citrus fruits (1).

to benefit

The mechanism for calculating compliance with the
national and Community processing thresholds provided
for in Article 5 of Regulation (EC) No 2202/96 and
Article 37 of Commission Regulation (EC) No 2111/
2003 of 1 December 2003 laying down detailed rules
for the application of Council Regulation (EC) No 2202/
96 introducing a Community aid scheme for producers
of certain citrus fruits (2) does not immediately apply to
the new Member States. Transitional measures for its
application should therefore be laid down. For the first
marketing year of application, for which there are no
data for calculation,
the aid should be paid in full.
However, as a precautionary measure, a prior reduction
should be made, to be reimbursed if there is no overrun
at
the marketing year. For subsequent
marketing years, provision should be made for the
gradual application of the system for examining compli-
ance with the threshold.

the end of

(3)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Fresh Fruit and Vegetables,

(1) OJ L 297, 21.11.1996, p. 49. Regulation as last amended by Regu-

lation (EC) No 2699/2000 (OJ L 311, 12.12.2000, p. 9).

(2) OJ L 317, 2.12.2003, p. 5.

For the 2004/05 marketing year,
for the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia (hereafter ‘the new Member States’) only,
the amount of aid fixed in Article 3(2) of Regulation (EC) No
2202/96 and indicated in Tables 1, 2 and 3 in Annex I to that
regulation shall be fixed as indicated in Tables 1, 2 and 3 in the
Annex to this Regulation, respectively.

Article 2

1. Where the examination of compliance with the proces-
sing threshold for the purpose of fixing the aid for the 2005/
06 marketing year shows that the Community threshold has
not been exceeded, an additional amount equal to 25 % of the
aid provided for in Article 3(2) of Regulation (EC) No 2202/96
shall be paid in all the new Member States after the end of the
2004/05 marketing year.

2. Where the examination of compliance with the proces-
sing threshold for the purpose of fixing the aid for the 2005/
06 marketing year shows that the Community threshold has
been exceeded,
in those new Member States in which the
threshold has not been exceeded or in which the threshold has
been exceeded by less than 25 %, an additional amount shall be
paid after the end of the 2004/05 marketing year.

The additional amount referred to in the first subparagraph
shall be based on the amount by which the national threshold
concerned has been exceeded, up to a maximum of 25 % of
the aid fixed in Article 3(2) of Regulation (EC) No 2202/96.

Article 3

In examining compliance with the national processing thresh-
olds for oranges,
lemons and grapefruit and for the product
group comprising mandarins, clementines and satsumas, for
the new Member States only, the calculation shall be based:

(a) for the 2005/06 marketing year, on a comparison between
the national processing threshold and the quantities
processed with aid during the marketing year or equivalent
period preceding that marketing year;

(b) for the 2006/07 marketing year, on a comparison between
the national processing threshold and the average quantities
processed with aid during the two marketing years or
equivalent periods preceding that marketing year;

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Official Journal of the European Union

6.4.2004

The amount obtained when examining compliance with the national processing threshold for each of the
products concerned shall be added to the amounts for all the other Member States for the purposes of
examining compliance with the Community threshold.

Article 4

This Regulation shall enter into force subject to and on the date of entry into force of the Treaty of Acces-
sion of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the
Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the
Republic of Slovenia and the Slovak Republic.

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

Done at Brussels, 5 April 2004.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Union

L 100/21

Amounts of aid provided for in Article 3(2) of Regulation (EC) No 2202/96 tor the 2004/05 marketing year, for
the new Member States only

ANNEX

TABLE 1

(EUR/100 kg)

2004/05 marketing
year

6,82

6,82

7,35

6,82

6,82

6,82

TABLE 2

(EUR/100 kg)

2004/05 marketing
year

7,85

7,85

8,45

7,85

7,85

7,85

TABLE 3

(EUR/100 kg)

2004/05 marketing
year

6,14

6,14

6,61

6,14

6,14

6,14

Lemons

Grapefruit

Oranges

Mandarins

Clementines

Satsumas

Lemons

Grapefruit

Oranges

Mandarins

Clementines

Satsumas

Lemons

Grapefruit

Oranges

Mandarins

Clementines

Satsumas