Judgment_paragraph 4 · Republic of Poland v European Commission (C-336/09 P)

4Points 1 and 2 in Chapter 4 (headed “Agriculture”) of Annex IV to the Act of Accession which relates to the list referred to in Article 22 thereof provide:1. Public stocks held at the date of accession by the new Member States and resulting from their market-support policy shall be taken over by the Community at the value resulting from the application of Article 8 of Council Regulation (EEC) No 1883/78 [of 2 August 1978] laying down general rules for the financing of interventions by the European Agricultural Guidance and Guarantee Fund, “Guarantee” Section [(OJ 1978 L 216, p. 1)]. The said stocks shall be taken over only on condition that public intervention for the products in question is provided for in the Community rules and that the stocks meet the Community intervention requirements.2. Any stock of product, private as well as public, in free circulation at the date of accession within the territory of the new Member States exceeding the quantity which could be regarded as constituting a normal carryover of stock must be eliminated at the expense of the new Member States.’