Commission Regulation (EC) No 1233/2004 of 2 July 2004 laying down transitional measures for the application of Regulation (EC) No 595/2004 concerning the levy scheme in the milk and milk products sector, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union
Date: 2004-07-02
Institutions: European Commission
Subjects: accession to the European Union, agricultural levy, milk, milk product, transitional period (EU)

3.7.2004

EN

Official Journal of the European Union

L 234/7

COMMISSION REGULATION (EC) No 1233/2004

of 2 July 2004

laying down transitional measures for the application of Regulation (EC) No 595/2004 concerning
the levy scheme in the milk and milk products sector, 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
Community,

establishing the European

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,

the basis of the products marketed, Member States may
fix the quantities of milk equivalent on a flat-rate basis by
reference to the number of dairy cows held by the
producer and on an average milk yield per cow repre-
sentative of the herd. Where at the beginning of the levy
scheme, the high number of small producers lead to
administrative difficulties,
to
it
authorise new Member States, on the basis of a duly
justified request, to use the national average milk yield
instead of the average milk yield per cow representative
of the herd for a limited time period.

should be possible

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,

(4)

Whereas:

(1)

(2)

Transitional measures should be laid down to enable the
Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Malta, Poland, Slovenia and Slovakia (here-
inafter
to apply the levy
scheme provided for in Council Regulation (EC) No
1788/2003 of 29 September 2003 establishing a levy
in the milk and milk products sector (1).

the new Member States)

sector (2) provides

Commission Regulation (EC) No 595/2004 of 30 March
2004 laying down detailed rules for applying Council
Regulation (EC) No 1788/2003 establishing a levy in
that
the milk and milk products
Member States shall adjust the individual reference fat
contents of all producers in case of overrun of
the
national
is appropriate to
provide that the new Member States should adjust the
individual reference fat contents only from the second
12-month period of the application of the levy scheme
in those Member States. This should provide the new
Member States with a sufficient time period in order to
calculate their overrun of
reference fat
content.

reference fat content.

the national

It

the Czech Republic,

the Republic of Estonia,
the Republic of Latvia,
the Republic of Hungary,

reference quantities will
The allocation of
individual
apply only from the period 2005/2006 as
regards
Poland and Slovenia in accordance with the Act of
Accession, as adapted by Council Decision 2004/281/
EC of 22 March 2004 adapting the Act of Accession
the
of
the
Republic of Cyprus,
the
Republic of Lithuania,
Republic of Malta, the Republic of Poland, the Republic
of Slovenia and the Slovak Republic and the adjustments
to the Treaties on which the European Union is founded,
common agricultural
following the
reform of
policy (3). For those two Member States,
the deadline
for the submission of
the report on the system for
administering the national reference quantities, provided
for in Regulation (EC) No 595/2004, should therefore be
postponed until 1 September 2005.

the

(5)

According to the provisions of the Act of Accession, as
adapted by Decision 2004/281/EC, the basis for the indi-
vidual reference quantities for new Member States are
set out in table (f) of Annex I of Regulation (EC) No
1788/2003. Therefore it is not necessary that the new
Member States communicate to the Commission the
division between deliveries and direct sales resulting
from the first individual allocation as provided for in
article 25(1) of Regulation (EC) No 595/2004.

(3)

According to Article 12 of Regulation (EC) No 595/2004
for products marketed other than milk, Member States
shall establish the quantities of milk used for processing.
Where it proves difficult to establish those quantities, on

(6)

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

(1) OJ L 270, 21.10.2003, p. 123.
(2) OJ L 94, 31.3.2004, p. 22.

(3) OJ L 93, 30.3.2004, p. 1.

L 234/8

EN

Official Journal of the European Union

3.7.2004

HAS ADOPTED THIS REGULATION:

Article 1

The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary,
Malta, Poland, Slovenia, and Slovakia shall apply Article 9 of
Regulation (EC) No 595/2004 from the second twelve-month
period of the application of the levy scheme in those Member
States, in accordance with the provisions of Chapter 6.A, point
13 of Annex II of the Act of Accession.

Article 2

By way of derogation from Article 12(2) of Regulation (EC) No
595/2004, the Commission may authorise the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia, and Slovakia, for a period ending 31 March 2007 at
the latest, on the basis of duly justified requests, to use the
national average milk yield instead of the average milk yield per
cow representative of the herd.

Article 3

In the case of Poland and Slovenia, the report provided for in
Article 27(3) of Regulation (EC) No 595/2004 shall be notified
by 1 September 2005 at the latest.

Article 4

The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary,
Malta, Poland, Slovenia, and Slovakia shall not apply Article 25
(1) of Regulation (EC) No 595/2004.

Article 5

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 2 July 2004.

For the Commission

Franz FISCHLER
Member of the Commission