{
  "url": "https://openlegislation.uk/eu-regulation-2009-240/introduction",
  "json_url": "https://openlegislation.uk/eu-regulation-2009-240/introduction.json",
  "legislation": "eur/2009/240",
  "legislation_title": "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",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2009-240",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Regulation (EC) No 240/2009\nof 20 March 2009\namending Regulation (EC) No 1282/2006 as regards export licences and export refunds for milk and milk products\nTHE COMMISSION OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Community,\nHaving 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), and in particular Articles 170 and 171 in conjunction with Article 4 thereof,\nWhereas:\n(1)\nArticle 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, the signature and provisional application of which has been approved by Council Decision 2008/805/EC, 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 protection for milk powder in the Dominican Republic, approved by Council Decision 98/486/EC. Article 29(1) of Commission Regulation (EC) No 1282/2006 should be updated accordingly.\n(2)\nArticle 30(1)(b) of Regulation (EC) No 1282/2006 provides that applicants in the second part of 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.\n(3)\nArticle 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 that Regulation, which is also applicable for the management of the cheese quota referred to in Section 2 of Chapter III of that Regulation.\n(4)\nRegulation (EC) No 1282/2006 should therefore be amended accordingly.\n(5)\nIt should be provided for that the amended provisions should not apply on licences that have been issued already.\n(6)\nThe measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,\nHAS ADOPTED THIS REGULATION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 299, 16.11.2007, p. 1."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 289, 30.10.2008, p. 3."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 289, 30.10.2008, p. 1."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "OJ L 218, 6.8.1998, p. 46."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "OJ L 218, 6.8.1998, p. 45."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "OJ L 234, 29.8.2006, p. 4."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2009/240/introduction",
    "retrieved_at": "2026-11-01T14:51:35.981675+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}