Commission Regulation (EC) No 815/2004 of 29 April 2004 laying down transitional measures as regards exports of milk and milk products pursuant to Regulation (EC) No 174/1999, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union
Date: 2004-04-29
Institutions: European Commission
Subjects: accession to the European Union, export, export refund, health control, marketing standard, milk, milk product, transitional period (EU)

30.4.2004 

EN 

Official Journal of the European Union 

L 153/17 

COMMISSION REGULATION (EC) No 815/2004 

of 29 April 2004 

laying down transitional measures as regards exports of milk and milk products 
pursuant to Regulation (EC) No 174/1999, 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, 

Having regard to the Treaty establishing the European Community, 

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  the  first 
paragraph of Article 41 thereof, 

Whereas: 

(1) 

(2) 

Article 1(4) of Commission Regulation (EC) No 174/1999 of 26 January 1999 laying 
down special detailed rules for the application of Council Regulation (EEC) No 804/68 
as  regards  export  licences  and  export  refunds  in  the  case  of  milk  and  milk  products1 
provides that, for a refund to be granted, the products must meet the requirements laid 
down  in  Council  Directive  92/46/EEC  of  16  June  1992  laying  down  the  health  rules 
for  the  production  and  placing  on  the  market  of  raw  milk,  heat-treated  milk  and 
milk-based  products2.  Notably,  the  products  must  be  prepared  in  an  approved 
establishment and  comply with the health  marking requirements specified  in point A 
of Chapter IV of Annex C to that Directive. 

Commission  Decision  2004/280/EC  of  19  March  2004  laying  down  transitional 
measures for the marketing of certain products of animal origin obtained in the Czech 
Republic,  Estonia,  Cyprus,  Latvia,  Lithuania,  Hungary,  Malta,  Poland,  Slovenia  and 
Slovakia3  (hereinafter  “the  new  Member  States”)  lays  down  transitional  measures  to 
facilitate  the  transition  from  the  existing  regime  in  the  new  Member  States  to  that 
resulting  from  the  application  of  the  Community  veterinary  legislation.  According  to 
Article  3  of  that  Decision,  Member  States  shall  authorise  trade  from  1  May  to 
31 August 2004 in products which are obtained in establishments in the new Member 
States authorised to export milk products to the Community before the accession date, 

1 

2 

3 

OJ  L  20,  27.1.1999,  p.  8.  Regulation  last  amended  by  Regulation  (EC)  No  597/2004  (OJ  L  94, 
31.3.2004, p. 42). 
OJ L 268, 14.9.1992, p. 1. Directive amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, 
p. 1). 
OJ L 87, 25.3.2004, p. 60. 

 
                                                 
provided  that  the  products  bear  the  Community  export  health  mark  of  the 
establishment concerned and are accompanied by a document which certifies that they 
were produced in conformity with Decision 2004/280/EC. 

(3) 

It is therefore appropriate to derogate from Regulation (CE) No 174/1999 and provide 
that  products  which  comply  with  Article  3  of  Decision  2004/280/EC  and  are 
authorised to be traded for the period from 1 May to 31 August 2004 should be eligible 
for an export refund. 

(4) 

The measures provided for in this Regulation are in accordance with the opinion of the 
Management Committee for Milk and Milk Products, 

HAS ADOPTED THIS REGULATION: 

Article 1 

By way of derogation from Article 1(4) of Regulation (EC) No 174/1999, products obtained 
before the date of accession in establishments of the Czech Republic, Estonia, Cyprus, Latvia, 
Lithuania,  Hungary,  Malta,  Poland,  Slovenia  and  Slovakia  authorised  to  export  to  the 
Community before the accession date and exported from the Community in the period from 
the accession date to 31 August 2004 are eligible for an export refund, provided that they meet 
the requirements of Article 3(a) and (b) of Decision 2004/280/EC. 

The document referred to in Article 3(b) of that Decision shall be as set out in Article 5(8) of 
Directive 92/46/EEC. 

Article 2 

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. 

It  shall  apply  to  export  declarations  accepted  from  the  date  of  the  entry  into  force  of  this 
Regulation to 31 August 2004. 

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

Done at Brussels, 29 April 2004. 

For the Commission 
Franz FISCHLER 
Member of the Commission 

2