Commission Regulation (EC) No 1493/2004 of 23 August 2004 laying down transitory measures to be adopted on account of the accession of Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovenia and Slovakia in respect of the requirements for the granting of refunds for exports of certain milk or egg products pursuant to Regulation (EC) No 1520/2000
Date: 2004-08-23
Institutions: European Commission
Subjects: accession to the European Union, egg product, export refund, milk product, transitional period (EU)

24.8.2004

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Official Journal of the European Union

L 274/9

COMMISSION REGULATION (EC) No 1493/2004

of 23 August 2004

laying down transitory measures to be adopted on account of the accession of Cyprus, the Czech
Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovenia and Slovakia in respect of the
requirements for the granting of refunds for exports of certain milk or egg products pursuant to
Regulation (EC) No 1520/2000

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,

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)

for

the application of

Article 16(10) of Commission Regulation (EC) No
1520/2000 of 13 July 2000 laying down common
the system of
detailed rules
granting export refunds on certain agricultural products
exported in the form of goods not covered by Annex I to
the Treaty, and the criteria for fixing the amounts of such
refunds (1) provides that, for a refund to be granted on
the products that are indicated in Article 1 of 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
products (2),
of Council Directive
1
89/437/EEC of 20 June 1989 on hygiene and health
problems affecting the production and the placing on
the market of egg products (3), and appear in Annex B
to Regulation (EC) No 1520/2000,
they must be
prepared in accordance with the requirements of those
Directives and carry the required health mark.

or Article

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 (4) (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

(1) OJ L 177, 15.7.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 543/2004 (OJ L 87, 25.3.2004, p. 8).

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

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

(3) OJ L 212, 22.7.1989, p. 87. Directive as last amended by Regulation

(EC) No 806/2003.

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

that Decision, Member States

of the Community veterinary legislation. According to
Article 3 of
shall
authorise trade from 1 May to 31 August 2004 in
milk or egg products which are obtained in estab-
lishments
in the new Member States authorised to
to the Community before the accession date,
export
provided that the products bear the Community export
health mark of
the establishment concerned and are
accompanied by a document which certifies that they
Decision
were
2004/280/EC.

conformity

produced

with

in

(3)

(4)

It is therefore appropriate to derogate from Regulation
(EC) No 1520/2000 and provide that goods 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.

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee on horizontal questions concerning trade in
processed agricultural products not listed in Annex I to
the Treaty,

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation from Article 16(10) of Regulation (EC)
No 1520/2000, goods 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.

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.

L 274/10

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Official Journal of the European Union

24.8.2004

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

Done at Brussels, 23 August 2004.

For the Commission

Olli REHN
Member of the Commission