Commission Regulation (EC) No 288/2007 of 16 March 2007 laying down transitional measures to be adopted on account of the accession of Bulgaria and Romania in respect of the requirements for the granting of export refunds on certain milk and egg products pursuant to Regulation (EC) No 1043/2005
Date: 2007-03-16
Institutions: European Commission
Subjects: Bulgaria, Romania, agri-monetary policy, egg product, export refund, milk product, transitional period (EU)

17.3.2007

EN

Official Journal of the European Union

L 78/15

COMMISSION REGULATION (EC) No 288/2007

of 16 March 2007

laying down transitional measures to be adopted on account of the accession of Bulgaria and
Romania in respect of the requirements for the granting of export refunds on certain milk and
egg products pursuant to Regulation (EC) No 1043/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 first paragraph of Article 41 thereof,

Whereas:

(1)

(2)

Article 52(4) of Commission Regulation (EC) No
1043/2005 of 30 June 2005 implementing Council
Regulation (EC) No 3448/93 as regards 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 the granting of a refund on
certain milk and egg based goods is conditional on
them meeting the relevant requirements of Regulation
(EC) No 852/2004 of the European Parliament and of
the Council of 29 April 2004 on the hygiene of food-
stuffs (2) and Regulation (EC) No 853/2004 of
the
European Parliament and the Council of 29 April 2004
laying down specific rules on the hygiene of
food-
stuffs (3). In particular, the goods must, under Articles 4
and 5 of Regulation (EC) No 853/2004, be prepared in
an approved establishment and comply with specific
health marking requirements.

for

Commission Decision 2007/30/EC of 22 December
2006 laying down transitional measures
the
marketing of certain products of animal origin obtained
in Bulgaria and Romania (4)
lays down measures to
facilitate the transition from the existing regime in
those States to that resulting from the application of
Community veterinary legislation. According to Article
that Decision, Member States are to authorise
3 of
from 1 January to 31 December 2007 in
trade
products which are obtained in establishments
in
Bulgaria and Romania authorised to export milk or egg

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

lation (EC) No 1792/2006 (OJ L 362, 20.12.2006, p. 1).

(2) OJ L 139, 30.4.2004, p. 1. Corrected by OJ L 226, 25.6.2004, p. 3.
(3) OJ L 139, 30.4.2004, p. 55. Corrected by OJ L 226, 25.6.2004,
p. 22. Regulation as last amended by Council Regulation (EC)
No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(4) OJ L 8, 13.1.2007, p. 59.

products to the Community before the date of accession,
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 2007/30/EC.

It is therefore appropriate to derogate from Article 52(4)
of Regulation (EC) No 1043/2005, without prejudice to
the application of the other provisions of that Regulation,
and provide that goods which comply with Article 3 of
Decision 2007/30/EC and are authorised to be traded for
the period from 1 January to 31 December 2007 should
be eligible for an export refund.

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,

(3)

(4)

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation from Article 52(4) of Regulation (EC)
No 1043/2005, goods obtained before the date of accession
in Bulgaria and Romania authorised to
in establishments
export to the Community before the date of accession and
exported from the Community in the period from the
accession date to 31 December 2007 shall be eligible for an
export refund, provided that they meet the requirements of
Article 3(a) and (b) of Decision 2007/30/EC.

Article 2

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

It shall apply to export declarations accepted from 1 January to
31 December 2007.

L 78/16

EN

Official Journal of the European Union

17.3.2007

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

Done at Brussels, 16 March 2007.

For the Commission

Günter VERHEUGEN
Vice-President