(1)

In accordance with Article 162(1) of Regulation (EC) No 1234/2007 the difference between the prices in world trade and in the Community may be covered for certain milk products by export refunds to the extent necessary to enable those products to be exported within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.

(2)

Commission Regulation (EC) No 580/2004 (2) has laid down the rules for the tender procedure concerning export refunds for the skimmed milk powder falling under code ex ex 0402 10 19 9000, the natural butter in blocks falling under the code ex ex 0405 10 19 9700, the butteroil in containers falling under the code ex ex 0405 90 10 9000. Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products (3) repeals Regulation (EC) No 580/2004 as from 1 July 2008.

(3)

In accordance with Article 2(1) of Regulation (EC) No 1454/2007 a standing invitation to tender should be opened concerning the products covered by Article 1(1) of that Regulation. Since Regulation (EC) No 1454/2007 does not contain all the specific rules for the dairy sector included so far in Regulation (EC) No 580/2004, it is necessary to establish those rules from the date of repeal of that Regulation. For practical reasons and for sake of clarity and simplification, it is appropriate to provide for one single Regulation containing also the specific provisions of Commission Regulation (EC) No 581/2004 of 26 March 2004 opening a standing invitation to tender for export refunds concerning certain types of butter (4) and of Commission Regulation (EC) No 582/2004 of 26 March 2004 opening a standing invitation to tender for export refunds concerning skimmed milk powder (5).

(4)

Commission Regulation (EC) No 1282/2006 of 17 August 2006 laying down special detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards export licences and export refunds for milk and milk products (6), applies to all export licences and export refunds in the dairy sector. Licences issued in the context of the tender to be opened by this Regulation relate to specific products, it is therefore appropriate to lay down specific rules derogating from the general rules on export licences provided for in Regulation (EC) No 1282/2006. Article 7 of Regulation (EC) No 1454/2007 provides for licences to be issued by the national authorities within five working days following the entry into force of the Commission's Decision fixing a maximum refund and lays down that the licence has to become valid on its actual day of issue. It is appropriate therefore to fix a validity period differently from that provided for in Article 8 of Regulation (EC) No 1282/2006 in order to ensure an equal period for all licences issued.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,

(a)

natural butter in blocks of at least 20 kilograms net weight falling under product code ex ex 0405 10 19 9700;

(b)

butteroil in containers of at least 20 kilograms net weight falling under product code ex ex 0405 90 10 9000;

(c)

skimmed milk powder in bags of at least 25 kilograms net weight and containing no more than 0,5 % by weight of added non-lactic matter falling under product code ex ex 0402 10 19 9000.

(a)

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

(b)

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

(c)

European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar.