11.1.2008 Official Journal of the European Union L 81 | (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 14/2008 of 17 December 2007 amending Regulation (EEC) No 386/90 on the monitoring carried out at the time of export of agricultural products receiving refunds or other amounts THE COUNCIL OF THE EUROPEAN UNION, principle of shared management, those Member States applying risk analysis in conformity with Community law should have the opportunity to apply the minimum checking rate on a national level, rather than Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, Having regard to the proposal from the Commission, on the level of the customs office of export. Having regard to the Opinion of the European Parliament, 3) Regulation (EEC) No 386/90 should therefore be Whereas: amended accordingly, (1) Since the entry into force of Council Regulation (EEC) HAS ADOPTED THIS REGULATION: No 386/90 (') a number of Member States have reor- ganised their customs services leading to a significant Aticle 1 reduction in the number of customs offices. The intro- In Article 3(2) of Regulation (EEC) No 386/90 the following duction of customs export procedures processed electro- subparagraph shall be added: nically with centralised control has reduced the relevance of the customs office of export as the basis for the application of checking rates. ‘Where the Member State applies the second subparagraph, it may also choose to replace the rate of 5% per customs office by a rate of 5% for its entire territory. The Member State shall notify the Commission before it applies or ceases to apply this subparagraph.’ (2)  Moreover, the use of risk management techniques including risk analysis should lead to a spread of physical checks amongst all exporters. However, the efficient allocation of checks to the sectors or exporters Wher.e they should be Pri.oritised is hindered by the Article 2 requirement to apply minimum checking rates at the level of the customs office of export. Therefore, in the This Regulation shall enter into force on the 20th day following interests of efficiency and simplicity and according to the its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 17 December 2007. For the Council The President J. SILVA (') OJ L 42, 16.2.1990, p. 6. Regulation as last amended by Regulation (EC) No 163/94 (O] L 24, 29.1.1994, p. 2).