Corrigendum to 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 (OJ L 153, 30.4.2004)
Date: 2004-06-30
Institutions: European Commission
Subjects: accession to the European Union, export, export refund, health control, marketing standard, milk, milk product, transitional period (EU)

L 231/14

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Official Journal of the European Union

30.6.2004

Corrigendum to 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

(Official Journal of the European Union L 153 of 30 April 2004)

Regulation (EC) No 815/2004 should read as follows:

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,

(2)

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, Slov-
enia 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, Slov-
enia and Slovakia, and in particular the first paragraph of
Article 41 thereof,

Whereas:

(1)

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 products (1) 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 lay-
ing down the health rules for the production and placing
on the market of raw milk, heat-treated milk and milk-
based products (2). 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.

(1) OJ L 20, 27.1.1999, p. 8. Regulation as last amended by Regulation

(EC) No 606/2004 (OJ L 97, 1.4.2004, p. 40).

(2) OJ L 268, 14.9.1992, p. 1. Directive as last amended by Regulation

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 Slovakia (3) (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 acces-
sion date, 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 (EC)
No 174/1999 and provide that products which comply
with Article 3 of Decision 2004/280/EC and are auth-
orised 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 accor-
dance 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

(EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(3) OJ L 87, 25.3.2004, p. 60.

30.6.2004

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Official Journal of the European Union

L 231/15

establishments of the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia auth-
orised 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, pro-
vided that they meet the requirements of Article 3(a) and (b) of
Decision 2004/280/EC.

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.

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.

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