30.4.2008 Official Journal of the European Union L 11617 COMMISSION REGULATION (EC) No 386/2008 of 29 April 2008 fixing the export refunds on milk and milk products THE COMMISSION OF THE EUROPEAN COMMUNITIES Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products ('), and in particular Article 31(3) thereof, Whereas: (1)  Article 31(1) of Regulation (EC) No 1255/1999 provides that the difference between prices on the world market for the products listed in Article 1 of that Regulation and prices for those products on the Community market may be covered by an export refund. (2)  Given the present situation on the market in milk and milk products, no export refunds should therefore be fixed. (3)  The Agreement on Trade, Development and Cooperation between the European Community and its Member States (TDCA), of the one part, and the Republic of South Africa, of the other part, approved by Council Decision 2004/441[EC (%) entered into force on 1 May 2004. In the context of negotiations on accelerated trade liberal- isation of cheeses between the European Community and South Africa, it has been convened that the cheese traded by both parties should not benefit from any export refunds. (4)  The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, HAS ADOPTED THIS REGULATION: Article 1 No export refunds as provided for in Article 31 of Regulation (EC) No 1255/1999 shall be granted on the products set out in the Annex to this Regulation. Article 2 This Regulation shall enter into force on the day of its publi- cation 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, 29 April 2008. () OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regu- lation (EC) No 1152/2007 (O] L 258, 4.10.2007, p. 3). Regulation (EQ) No 1255/1999 will be replaced by Regulation (EC) No 1234/2007 (O] L 299, 16.11.2007, p. 1) as from 1 July 2008. For the Commission Jean-Luc DEMARTY Director-General for Agriculture and Rural Development () O] L 127, 29.4.2004, p. 109.