Introductory text

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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^f1, and in particular Article 31(3)(b) and (14) thereof,

Whereas:

Article 1(1) of Commission Regulation (EC) No 581/2004^f2 and Article 1(1) of Commission Regulation (EC) No 582/2004^f3 open a permanent invitation to tender to determine export refunds on certain dairy products to destinations excluding certain third countries and territories.

To avoid misinterpretation of the status of those destinations, it is appropriate to distinguish between third 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 for exports refunds concerning skimmed milk powder^f4 has provided for one single tender application period per month in the last quarter of 2007.

Since that situation of the market is likely to remain, and with a view to avoid unnecessary administrative procedures and charges it is appropriate to definitely adopt this frequency on a permanent base as from January 2008.

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 accordance with the opinion of the Management Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION: