(1)

In order not to exceed the maximum quantities to be exported with an export refund fixed by the Agreement on Agriculture concluded during the Uruguay Round of Multilateral Trade Negotiations (2), the second subparagraph of Article 16(3) of Commission Regulation (EC) No 1282/2006 (3) provides that no refunds shall be granted on the sucrose component of milk products containing added sugar where the refund for the milk part of those products is zero or is not fixed. While there was a genuine risk for exceeding those maximum quantities at the time of the introduction of the provision, such risk no longer exists.

(2)

Commission Regulation (EC) No 61/2007 of 25 January 2007 fixing the export refunds for milk and milk products (4) abolished refunds for whole milk powder and condensed milk, thus triggering the application of the second subparagraph of Article 16(3) of Regulation (EC) No 1282/2006. The abolition of refunds for both milk and sucrose components may result in loss of substantial market shares for milk products containing added sugar. Therefore it is appropriate to reintroduce export refunds for the sucrose component of milk products containing added sugar.

(3)

The second subparagraph of Article 24(1) of Regulation (EC) No 1282/2006 provides that, for export of cheese to the United States under the quotas referred to in Article 23 of that Regulation, section 16 of the export licences shall show the eight-digit product code of the Combined Nomenclature. Experience has shown that after the export licences have been issued, the United States importers may request the supply of another type of cheese of the same product group. In order to allow such flexibility, it is appropriate to adjust Article 24(1) of Regulation (EC) No 1282/2006 accordingly.

(4)

Commission Regulation (EC) No 522/2006 of 30 March 2006 fixing the export refunds for milk and milk products (5) provides that from 31 March 2006 all export refunds are fixed in EUR per 100 kg. The wording of Article 16 of Regulation (EC) No 1282/2006 and Sector 9 of Annex I to Commission Regulation (EEC) No 3846/87 (6) should be adjusted accordingly.

(5)

Regulation (EEC) No 3846/87 and Regulation (EC) No 1282/2006 should be amended accordingly.

(6)

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

1.

Article 16 is amended as follows:

2.

In the second subparagraph of Article 24(1), the following sentence is added:

‘However the licences are also valid for any other code falling under CN code 0406.’