Commission Regulation (EC) No 240/2009 of 20 March 2009 amending Regulation (EC) No 1282/2006 as regards export licences and export refunds for milk and milk products
Date: 2006-03-20
Institutions: European Commission
Subjects: export refund, milk, milk product

21.3.2009

EN

Official Journal of the European Union

L 75/3

COMMISSION REGULATION (EC) No 240/2009

of 20 March 2009

amending Regulation (EC) No 1282/2006 as regards export licences and export refunds for milk and
milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Articles 170 and 171 in conjunction with Article 4 thereof,

Whereas:

(1)

(2)

(3)

Article 16 and Appendix 2 of Annex III to the Economic
Partnership Agreement between the Cariforum States, of
the one part, and the European Community and its
Member States, of the other part (2), the signature and
provisional application of which has been approved by
Council Decision 2008/805/EC (3), provide for the tariff
quota of milk powder previously contained in the
Memorandum of Understanding between the European
Community and the Dominican Republic on import
the Dominican
powder
protection
Republic (4),
Decision
by
98/486/EC (5). Article 29(1) of Commission Regulation
(EC) No 1282/2006 (6) should be updated accordingly.

in
Council

for milk

approved

that applicants

in the second part of

Article 30(1)(b) of Regulation (EC) No 1282/2006
provides
the
quota have to prove that they have been engaged in
trade with third countries. It appears that this condition
can be interpreted in different ways. It should therefore
be clarified by specifying that trade with third countries
has to be proven by presentation of the relevant customs
documents.

Article 30(3) of Regulation (EC) No 1282/2006 provides
for a security of EUR 15 per 100 kilograms. With a view
on harmonisation and simplification it is appropriate to
align it to the general level, as provided for in Article 10
of
the
that Regulation, which is also applicable for
management of the cheese quota referred to in Section
2 of Chapter III of that Regulation.

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 289, 30.10.2008, p. 3.
(3) OJ L 289, 30.10.2008, p. 1.
(4) OJ L 218, 6.8.1998, p. 46.
(5) OJ L 218, 6.8.1998, p. 45.
(6) OJ L 234, 29.8.2006, p. 4.

(4)

(5)

(6)

Regulation (EC) No 1282/2006 should therefore be
amended accordingly.

It should be provided for that the amended provisions
should not apply on licences that have been issued
already.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1282/2006 is amended as follows:

1. Paragraph 1 of Article 29 is replaced by the following:

‘1.
The presentation to the competent authorities of the
Dominican Republic of a certified copy of the export licence
issued in accordance with this Section and a duly endorsed
copy of the export declaration for each consignment shall be
required for exports to the Dominican Republic of milk
powder under the quota provided for in Appendix 2 of
Annex III to the Economic Partnership Agreement between
the Cariforum States and the European Community and its
Member States (*), the signature and provisional application
of which has been approved by Council Decision
2008/805/EC (**).

___________

(*) OJ L 289, 30.10.2008, p. 3.
(**) OJ L 289, 30.10.2008, p. 1.’

2. Article 30 is amended as follows:

(a)

In paragraph 1 the following subparagraph is added:

‘Proof of trade, as provided for in point (b) of the first
subparagraph, shall be furnished exclusively either by
the customs documents of release for free
means of
circulation, duly endorsed by the customs authorities
and containing a reference to the applicant concerned
as being the consignee, or by means of the customs
document of exportation duly endorsed by the customs
authorities.’

L 75/4

EN

Official Journal of the European Union

21.3.2009

(b) In the second subparagraph of paragraph 3, point (a) is

replaced by the following:

‘(a) lodge a security in accordance with Article 10;’.

Article 2

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Union.

It shall apply to licence applications lodged as from 1 April
2009.

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

Done at Brussels, 20 March 2009.

For the Commission

Mariann FISCHER BOEL
Member of the Commission