Commission Regulation (EC) No 1993/2006 of 21 December 2006 laying down transitional measures as regards exports of milk and milk products pursuant to Regulation (EC) No 1282/2006, by reason of the accession of Bulgaria and Romania to the European Union
Date: 2006-12-21
Institutions: European Commission
Subjects: Bulgaria, Romania, accession to the European Union, export, export refund, milk, milk product, transitional period (EU)

30.12.2006 

EN 

Official Journal of the European Union 

L 413/1 

I 

(Acts whose publication is obligatory) 

Commission Regulation (EC) No 1993/2006 

of 21 December 2006 

laying down transitional measures as regards exports of milk and milk products 
pursuant to Regulation (EC) No 1282/2006, by reason of the accession of Bulgaria and 
Romania to the European Union 

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 

Having  regard  to  the  Treaty  of  Accession  of  Bulgaria  and  Romania,  and  in  particular 
Article 4(3) thereof, 

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

Whereas: 

(1) 

(2) 

Article 3(2) of Commission Regulation (EC) No 1282/2006 of 17 August 2006 laying 
down  special  detailed  rules  for  the  application  of  Council  Regulation  (EC) 
No 1255/1999  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 Regulation (EC) No 853/2004 of the European Parliament 
and  the  Council  of  29  April  2004  laying  down  specific  hygiene  rules  for  food  of 
animal origin2. Notably, the products must be prepared in an approved establishment 
and  comply  with  the  health  marking  requirements  specified  in  Articles  4  and  5  of 
Regulation (EC) No 853/2004. 

Commission Decision 2006/…/EC (C(2006) 7028) of 22 December 2006 laying down 
transitional measures for the marketing of certain products of animal origin obtained in 
Bulgaria  and  Romania3  lays  down  measures  to  facilitate  the  transition  from  the 
existing regime in Bulgaria and Romania 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 January to 31 December 2007 in products which are 
obtained  in  establishments  in  Bulgaria  and  Romania  authorised  to  export  milk 

1 
2 

3 

OJ L 234, 29.8.2006, p. 4. 
OJ  L  139,  30.4.2004,  p.  55.  Corrected  version  in  OJ  L  226,  25.6.2004,  p.  22. Regulation  as  last 
amended by Commission Regulation (EC) No 2076/2005 (OJ L 338, 22.12.2005, p. 83). 
Not yet published in the Official Journal. 

 
                                                 
L 413/2 

EN 

Official Journal of the European Union 

30.12.2006 

products to the Community before the accession date, provided that the products bear 
the  Community  export  health  mark  of  the  establishment  concerned  and  are 
accompanied by a document certifying that they have been produced before 1 January 
2007. 

(3) 

It  is  appropriate  to  derogate  from  Regulation  (EC)  No  1282/2006  and  provide  that 
products which comply with Article 3 of Decision 2006/…/EC (C(2006) 7028) and are 
authorised to be traded for the period from 1 January to 31 December 2007 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 3(2) of Regulation (EC) No 1282/2006, products obtained 
before the date of accession in establishments of Bulgaria and Romania authorised to export 
to the Community before the accession date and exported from the Community in the period 
from the accession date to 31 December 2007 are eligible for an export refund, provided that 
they  meet  the  requirements  of  Article  3(a)  of  Decision  2006/…/EC  (C(2006)  7028)  and  are 
accompanied by the document set out in Annex II to Commission Decision 2004/438/EC 4 to 
which the following particulars shall be added: 

‘Produced before 1 January 2007, in conformity with Commission Decision 2006/7028/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 Bulgaria and Romania. 

It shall apply to export declarations accepted from its date of entry into force to 31 December 
2007. 

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

Done at Brussels, 21 December 2006. 

For the Commission 
Mariann FISCHER BOEL 
Member of the Commission 

______ 

4 

OJ L 154, 30.4.2004, p. 72. Corrected version in OJ L 189, 27.5.2004, p. 57.