CELEX: 32004R0815
Language: en
Date: 2004-04-29
Title: Commission Regulation (EC) No 815/2004 of 29 April 2004 laying down transitional measures as regards exports of milk and milk products pursuant to Regulation (EC) No 174/1999, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union

30.4.2004              EN                  Official Journal of the European Union               L 153/17
                        COMMISSION REGULATION (EC) No 815/2004
                                              of 29 April 2004
      laying down transitional measures as regards exports of milk and milk products
     pursuant to Regulation (EC) No 174/1999, 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 establishing the European Community,
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)      Article 1(4) of Commission Regulation (EC) No 174/1999 of 26 January 1999 laying
         down special detailed rules for the application of Council Regulation (EEC) No 804/68
         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 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 products2. Notably, the products must be prepared in an approved
         establishment and comply with the health marking requirements specified in point A
         of Chapter IV of Annex C to that Directive.
(2)      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
         Slovakia3 (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 of the Community veterinary legislation. According to
         Article 3 of that Decision, Member States shall authorise trade from 1 May to
         31 August 2004 in products which are obtained in establishments in the new Member
         States authorised to export milk products to the Community before the accession date,
1
         OJ L 20, 27.1.1999, p. 8. Regulation last amended by Regulation (EC) No 597/2004 (OJ L 94,
         31.3.2004, p. 42).
2
         OJ L 268, 14.9.1992, p. 1. Directive amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003,
         p. 1).
3
         OJ L 87, 25.3.2004, p. 60.
 ---pagebreak---         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 2004/280/EC.
(3)     It is therefore appropriate to derogate from Regulation (CE) No 174/1999 and provide
        that products 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.
(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 1(4) of Regulation (EC) No 174/1999, products 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.
The document referred to in Article 3(b) of that Decision shall be as set out in Article 5(8) of
Directive 92/46/EEC.
                                             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.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 April 2004.
                                              For the Commission
                                              Franz FISCHLER
                                              Member of the Commission
                                                 2