Commission Regulation (EC) No 611/2009 of 10 July 2009 correcting Regulation (EC) No 1276/2008 on the monitoring by physical checks of exports of agricultural products receiving refunds or other amounts

11.7.2009 EN Official Journal of the European Union L 180/15
COMMISSION REGULATION (EC) No 611/2009
of 10 July 2009
correcting Regulation (EC) No 1276/2008 on the monitoring by physical checks of exports of agricultural products receiving refunds or other amounts
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1), and in particular Articles 170(c) and 194(a) in conjunction with Article 4 thereof,
Whereas:
(1) Article 11(5) of Commission Regulation (EC) No 1276/2008 (2) and Annex II to that Regulation correspond respectively, according to the correlation table in Annex IX to that Regulation, to Article 3(2) and to Article 1 of Commission Regulation (EC) No 3122/94 of 20 December 1994 laying down criteria for risk analysis as regards agricultural products receiving refunds (3). In particular, point (a) of Article 11(5) of Regulation (EC) No 1276/2008 corresponds to the first indent of Article 3(2) of Regulation (EC) No 3122/94. However, where that first indent of Article 3(2) of Regulation (EC) No 3122/94 refers to criteria set out in the complete second paragraph of Article 1 of that Regulation, Article 11(5)(a) of Regulation (EC) No 1276/2008 refers to only the criteria set out in point 1 of Annex II thereto.
(2) As the notification about risk analysis should cover all relevant risk elements, like it was already set out in Regulation (EC) No 3122/94, the limitation to point 1 of Annex II to Regulation (EC) No 1276/2008 in Article 11(5)(a) of that Regulation should be accordingly corrected.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural markets,