11.11.2003 Official Journal of the European Union L 293/3 COMMISSION REGULATION (EC) No 1972/2003 of 10 November 2003 on transitional measures to be adopted in respect of trade in agricultural products on account of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia THE COMMISSION OF THE EUROPEAN COMMUNITIES, (3)  Trade deflections liable to disrupt the market organisa- 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 Article 41, first para- graph, thereof, Whereas: (1)  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 10 new States to the European Union on 1 May 2004. (2)  In accordance with the rules set out 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 (!), as last amended by Regulation (EC) No 500/2003 (3), 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 agri- cultural products (%), as last amended by Regulation (EC) No 325/2003 (*. Since the internal borders will be removed upon accession, products exported from the Community of Fifteen must have left the customs terri- tory of the Community by 30 April 2004 at the latest in all cases, including where the export declaration has been accepted less than 60 days before the date of acces- sion. 1 () OJ L 102, 17.4.1999, p. 11. () OJ L 74, 20.3.2003, p. 19. () OJ L 152, 24.6.2000, p. 1. () OJ L 47,21.2.2003, p. 21. tions often involve products moved artificially with a view to enlargement and do not form part of the normal stocks of the State concerned. 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. (4) It is necessary to prevent goods in respect of which export refunds were paid before 1 May 2004 from bene- fiting from a second refund when exported to third countries after 30 April 2004. (5)  The measures provided for in this Regulation are neces- sary and appropriate and should be applied in uniform fashion. (6)  The measures provided for in this Regulation are in accordance with the opinion of all the Management Committees concerned, HAS ADOPTED THIS REGULATION: Atrticle 1 Definitions For the purposes of this Regulation: (a) ‘Community of Fifteen’ means the Community as consti- tuted on 30 April 2004; (b) ‘new Member States’ means the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia; (c) ‘enlarged Community’ means the Community as constituted on 1 May 2004; (d) ‘products’ means agricultural products and/or goods not included in Annex I of the EC Treaty; (e) ‘production refund’ means the refund granted pursuant to Article 7 of Council Regulation (EEC) No 1766/92 () or Article 7 of Council Regulation (EC) No 3072/95 (°) or Atrticle 7 of Council Regulation (EC) No 1260/2001 (’). L 181, 1.7.1992, p. 21. () O] (% OJ L 329, 30.12.1995, p. 18. () OJL 178, 30.6.2001, p. 1.