Commission Regulation (EC) No 1804/2006 of 7 December 2006 laying down transitional measures to be adopted on account of the accession of Bulgaria and Romania in respect of the reserve drawn up in accordance with Article 46 of Regulation (EC) No 1043/2005
Date: 2006-12-07
Institutions: European Commission
Subjects: Bulgaria, Romania, accession to the European Union, agri-monetary policy, export refund, transitional period (EU)

L 343/64

EN

Official Journal of the European Union

8.12.2006

COMMISSION REGULATION (EC) No 1804/2006

of 7 December 2006

laying down transitional measures to be adopted on account of the accession of Bulgaria and
Romania in respect of the reserve drawn up in accordance with Article 46 of Regulation
(EC) No 1043/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to the Treaty of Accession of Bulgaria and
Romania,

Having regard to the Act of Accession of Bulgaria and Romania,
and in particular the second subparagraph of Article 41 thereof,

Whereas:

(1)

(2)

(3)

regards

Commission Regulation (EC) No 1043/2005 of 30 June
2005 implementing Council Regulation
(EC) No
3448/93 as
the system of 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 amount of such refunds (1)
provides that, other than for certain exemptions,
the
granting of export refunds on goods is conditional on
production of a refund certificate.

Refund certificates are made available to operators in six
tranches over the budget period, with deadlines for appli-
cations applying in respect of each tranche. In circum-
stances where the level of refund certificate applications
for an individual
than the amount
available for that tranche, operators may lodge appli-
cations on a weekly basis for refund certificates to be
issued in respect of any remaining amount available for
that tranche for which refund certificate applications have
not yet been lodged. Refund certificates may only be
issued to applicants established in the Community.

tranche is

less

On the occasion of the forthcoming accession of Bulgaria
and Romania operators in these States will, due to the
combination of
the seasonal holiday period and the
moratorium on the lodging of weekly applications for
refund certificates in the period from 7 January until
21 January (at the latest), have limited opportunity to
apply for refund certificates valid for use in the interval
between accession and early February 2007.

In these circumstances it is appropriate to adopt a special
temporary measure exempting such operators from the
requirement of presenting refund certificates
in the
period from 1 January 2007 to 28 February 2007.

it is appropriate to derogate from Article
Accordingly,
47(2) of Regulation (EC) No 1043/2005 so as
to
enable operators in Bulgaria and Romania to qualify, in
the period from 1 January 2007 to 28 February 2007,
subject to the entry into force of the Act of Accession on
the 1 January 2007, for the exemption provided for by
Article 46 of that Regulation.

For administrative reasons it
the
special measures adopted under this regulation apply
only in respect of qualifying applications submitted in
the budget year ending 15 October 2007.

is appropriate that

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

(5)

(6)

(7)

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation from Article 47 of Regulation (EC) No
1043/2005, for the budgeting year ending 15 October 2007,
the specified limit of EUR 75 000 mentioned in the first sub-
paragraph of paragraph 2 shall not apply to applications from
operators established in Bulgaria or Romania in respect of
exports taking place in the period from 1 January 2007 to
28 February 2007.

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 Bulgaria
and Romania.

(1) OJ L 172, 5.7.2005, p. 24. Regulation as last amended by Regu-

lation (EC) No 1580/2006 (OJ L 291, 21.10.2006, p. 8).

It shall expire on the 16 October 2007.

8.12.2006

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Official Journal of the European Union

L 343/65

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

Done at Brussels, 7 December 2006.

For the Commission

Günter VERHEUGEN
Vice-President