Introductory text

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 the first paragraph of Article 41 thereof,

Whereas:

Transitional measures should be adopted in order to avoid the risk of deflection of trade, affecting the common organisation of agricultural markets due to the accession of two new States to the European Union on 1 January 2007.

In accordance with the rules laid down in Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products^f1, products are not entitled to refund unless they have left the customs territory of the Community within 60 days of acceptance of the export declaration. The obligation to leave the customs territory of the Community within 60 days of acceptance of the export declaration is also a primary requirement for releasing the security linked to the licence under Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products^f2. Since the internal borders will be removed upon accession, of Bulgaria and Romania, products exported from the Community of Twenty Five must have left the customs territory of the Community by 31 December 2006 at the latest in all cases, including where the export declaration has been accepted less than 60 days before the date of accession.

Trade deflections liable to disrupt the market organisations often involve products moved artificially with a view to enlargement and do not form part of the normal stocks of the State concerned. Accumulation of such surplus quantities can also give rise to distortion of competition likely to affect the proper functioning of the common market organisation. Surplus stocks may also result from national production. Provisions should, therefore, be made for deterrent charges to be levied on surplus stocks in the new Member States.

Provisions should be taken to prevent operators from circumventing the application of charges on goods in free circulation, laid down in Article 4, by placing goods which have been already released for free circulation in the Community of Twenty-five or in a new Member State before accession under a suspensive regime, either in temporary storage or under one of the treatments or procedures referred to in Article 4(15)(b) and Article 16(b) to (g) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code^f3.

It is necessary to prevent goods in respect of which export refunds were paid before 1 January 2007 from benefiting from a second refund when exported to third countries after 31 December 2006.

The measures provided for in this Regulation are necessary and appropriate and should be applied in uniform fashion.

The measures provided for in this Regulation are in accordance with the opinion of all the Management Committees concerned,

HAS ADOPTED THIS REGULATION: