4.12.2009 Official Journal of the European Union L 318/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COMMISSION REGULATION (EC) No 1187/2009 of 27 November 2009 laying down special detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (recast) 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 agri- cultural markets and on specific provisions for certain agri- cultural products (Single CMO Regulation) ('), and in particular Articles 161(3), 170 and 171(1) in conjunction with Article 4 thereof, Whereas: (1) Regulation (EC) No 1234/2007 lays down, amongst others, general rules for granting export refunds in the milk and milk products sector, in order, in particular, to permit the monitoring of the value and quantity limits for refunds. Detailed rules for the application of those general rules have been laid down in Commission Regu- lation (EC) No 12822006 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 (2). (2)  Regulation (EC) No 1282/2006 has been substantially amended several times (}). Since further amendments are to be made, it should be recast in the interest of clarity. (3)  Under the Agriculture Agreement () concluded during the Uruguay Round of the GATT trade negotiations OJ L 299, 16.11.2007, p. 1. OJ L 234, 29.8.2006, p. 4. See Annex VIL OJ L 336, 23.12.1994, p. 22. and approved by Council Decision 94/800/EC (°) (here- inafter referred to as the ‘Agriculture Agreement’), export refunds on agricultural products, including milk products, are limited within each 12-month period starting from 1 July 1995 to a maximum quantity and a maximum value. In order to ensure compliance with those limits, the issue of export licences should be monitored and procedures should be adopted for allocating the quantities which may be exported with a refund. For a refund to be granted the products should meet the relevant requirements of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs () and of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (), notably preparation in an approved establishment and compliance with the identification marking requirements specified in Section I of Annex II to Regulation (EC) No 853/2004. In order to ensure effective controls on limits, there should be no refunds paid on quantities exceeding what is indicated on the licence. The term of validity of export licences should be fixed. In order to ensure accurate checking of the products exported and to minimise the risk of speculation, the possibility of changing the product for which a licence has been issued should be restricted. 336, 23.12.1994, p. 1. oJ L 0] L 139, 30.4.2004, p. 1. oJ L 139, 30.4.2004, p. 55.