Commission Regulation (EC) No 1543/2007 of 20 December 2007 amending Regulation (EC) No 581/2004 opening a standing invitation to tender for export refunds concerning certain types of butter and Regulation (EC) No 582/2004 opening a standing invitation to tender for exports refunds concerning skimmed milk powder
Date: 2007-12-20
Institutions: European Commission
Subjects: award of contract, butter, export refund, skimmed milk powder

L 337/62

EN

Official Journal of the European Union

21.12.2007

COMMISSION REGULATION (EC) No 1543/2007

of 20 December 2007

amending Regulation (EC) No 581/2004 opening a standing invitation to tender for export refunds
concerning certain types of butter and Regulation (EC) No 582/2004 opening a standing invitation
to tender for exports refunds concerning skimmed milk powder

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

this frequency on a permanent base as from

adopt
January 2008.

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(3)(b) and (14)
thereof,

(5)

(6)

Whereas:

It is therefore necessary to amend Regulations (EC) No
581/2004 and (EC) No 582/2004 accordingly.

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

(1)

(2)

(3)

Article 1(1) of Commission Regulation (EC) No
581/2004 (2) and Article 1(1) of Commission Regulation
(EC) No 582/2004 (3) open a permanent invitation to
tender to determine export refunds on certain dairy
third
to
products
countries and territories.

destinations

excluding

certain

To avoid misinterpretation of the status of those desti-
it is appropriate to distinguish between third
nations,
countries and territories of European Union Member
States not forming part of the customs territory of the
Community.

Article 2(2) of Regulation (EC) No 581/2004 and Article
2(2) of Regulation (EC) No 582/2004 lay down the
application period for tender export refund certificates
for butter and skimmed milk powder accordingly.
Given the situation on the market for milk and milk
products, Commission Regulation (EC) No 1119/2007
of 27 September 2007 derogating from Regulation
(EC) No 581/2004 opening a standing invitation to
tender for export refunds concerning certain types of
butter and from Regulation (EC) No 582/2004 opening
a standing invitation to tender
refunds
concerning skimmed milk powder (4) has provided for
one single tender application period per month in the
last quarter of 2007.

for exports

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 581/2004 is amended as follows:

1.

in Article 1(1) the second subparagraph is replaced by the
following:

‘The products referred to in the first subparagraph are
the
intended for
following countries and territories:

all destinations

export

except

for

(a)

third countries: Andorra,
the Holy See (Vatican City
State), Liechtenstein and the United States of America;

(b) territories of EU Member States not forming part of the
customs territory of the Community: Gibraltar, Ceuta,
Melilla,
the Communes of Livigno and Campione
d’Italia, Heligoland, Greenland, the Faeroe Islands and
the Republic of Cyprus in which the
the areas of
the Republic of Cyprus does not
Government of
exercise effective control.’;

(4)

Since that situation of the market is likely to remain, and
administrative
with a
is appropriate to definitely
procedures and charges it

view to avoid unnecessary

(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. 3). Regulation
(EC) No 1255/1999 will be replaced by Regulation (EC) No
1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 July 2008.
(2) OJ L 90, 27.3.2004, p. 64. Regulation as last amended by Regu-

lation (EC) No 276/2007 (OJ L 76, 16.3.2007, p. 16).

(3) OJ L 90, 27.3.2004, p. 67. Regulation as last amended by Regu-

lation (EC) No 276/2007.
(4) OJ L 253, 28.9.2007, p. 23.

2.

in Article 2 paragraph 2 is replaced by the following:

Each tendering period shall begin at 13.00 (Brussels
the month with the

‘2.
time) on the second Tuesday of
following exceptions:

(a)

in August it shall begin at 13.00 (Brussels time) on the
third Tuesday;

21.12.2007

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Official Journal of the European Union

L 337/63

(b) in December it shall begin at 13.00 (Brussels time) on

the first Tuesday.

Government of
exercise effective control.

the Republic of Cyprus does not

If Tuesday is a public holiday, the period shall begin at
13.00 (Brussels time) on the following working day.

___________
(*) OJ L 366, 24.12.1987, p. 1.’;

Each tendering period shall end at 13.00 (Brussels time) on
the
following
exceptions:

the month with the

third Tuesday of

(a)

in August it shall end at 13.00 (Brussels time) on the
fourth Tuesday;

(b) in December it shall end at 13.00 (Brussels time) on the

second Tuesday.

If Tuesday is a public holiday the period shall end at 13.00
(Brussels time) on the previous working day.’

2.

in Article 2 paragraph 2 is replaced by the following:

Each tendering period shall begin at 13.00 (Brussels
the month with the

‘2.
time) on the second Tuesday of
following exceptions:

(a)

in August it shall begin at 13.00 (Brussels time) on the
third Tuesday;

(b) in December it shall begin at 13.00 (Brussels time) on

the first Tuesday.

Article 2

If Tuesday is a public holiday, the period shall begin at
13.00 (Brussels time) on the following working day.

Regulation (EC) No 582/2004 is amended as follows:

1.

in Article 1 paragraph 1 is replaced by the following:

‘1.
A permanent tender is opened in order to determine
the export refund on skimmed milk powder referred to in
Section 9 of Annex I to Commission Regulation (EEC) No
3846/87 (*) in bags of at least 25 kilograms net weight and
containing no more than 0,5 % by weight of added non-
code
lactic
ex 0402 10 19 9000, intended for export to all destinations
except the following countries and territories:

product

matter

falling

under

(a)

the Holy See (Vatican City
third countries: Andorra,
State), Liechtenstein and the United States of America;

(b) territories of EU Member States not forming part of the
customs territory of the Community: Gibraltar, Ceuta,
Melilla,
the Communes of Livigno and Campione
d’Italia, Heligoland, Greenland, the Faeroe Islands and
the Republic of Cyprus in which the
the areas of

Each tendering period shall end at 13.00 (Brussels time) on
the
following
exceptions:

the month with the

third Tuesday of

(a)

in August it shall end at 13.00 (Brussels time) on the
fourth Tuesday;

(b) in December it shall end at 13.00 (Brussels time) on the

second Tuesday.

If Tuesday is a public holiday the period shall end at 13.00
(Brussels time) on the previous working day.’

Article 3

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

It shall apply from 1 January 2008.

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

Done at Brussels, 20 December 2007.

For the Commission

Mariann FISCHER BOEL
Member of the Commission