Commission Regulation (EC) No 1208/2007 of 16 October 2007 derogating from Regulation (EC) No 800/1999 as regards the determination of the refund rate for milk and milk products in the case of supplies as referred to in Articles 36 and 44 of that Regulation and carried out from 1 to 14 June 2007
Date: 2007-10-16
Institutions: European Commission
Subjects: derogation from EU law, export refund, milk, milk product

17.10.2007

EN

Official Journal of the European Union

L 272/29

COMMISSION REGULATION (EC) No 1208/2007

of 16 October 2007

derogating from Regulation (EC) No 800/1999 as regards the determination of the refund rate for
milk and milk products in the case of supplies as referred to in Articles 36 and 44 of that
Regulation and carried out from 1 to 14 June 2007

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), and in particular Article 31(14) thereof,

Whereas:

(1)

(2)

As from 15 June 2007, Commission Regulation (EC) No
660/2007 of 14 June 2007 fixing the export refunds for
milk and milk products (2) no longer provides for export
refunds on milk and milk products, including products
supplied as
referred to in Articles 36 and 44 of
Commission Regulation (EC) No 800/1999 of 15 April
1999 laying down common detailed rules for the appli-
cation of the system of export refunds on agricultural
products (3).

In accordance with Article 37 of Regulation (EC) No
800/1999, Member States may authorise exporters to
follow a procedure whereby the last day of the month
is used to determine the rate of refund applicable to
supplies as referred to in Articles 36 and 44 of that
Regulation loaded each month.
therefore not
possible to determine the rate of refund applicable to
supplies of milk and milk products carried out under
that procedure from 1 to 14 June 2007.

is

It

Entitlement to the refund on supplies carried out under
the procedure provided for in Article 37 of Regulation
(EC) No 800/1999, before the date of the entry into
force of Regulation (EC) No 660/2007, should not be
affected. In order to determine that refund, it is therefore
necessary to set the date to be used for that purpose, by
way of derogation from Article 37(2) of Regulation (EC)
No 800/1999.

(4)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation from Article 37(2) of Regulation (EC) No
800/1999, the date 14 June 2007 shall be used to determine
the rate of refund applicable to milk and milk products in the
case of supplies as referred to in Article 36(1)(a) and (c) and in
Article 44(1)(a) and (b) of that Regulation and carried out from
1 to 14 June 2007 in accordance with the procedure provided
for in Article 37 of that Regulation.

Article 2

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

It shall apply from 1 June 2007.

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

Done at Brussels, 16 October 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regu-

lation (EC) No 1152/2007 (OJ L 258, 4.10.2007, p. 1).

(2) OJ L 155, 15.6.2007, p. 26.
(3) OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regu-

lation (EC) No 1001/2007 (OJ L 226, 30.8.2007, p. 9).