24.4.2007 Official Journal of the European Union L 106/31 COMMISSION REGULATION (EC) No 447/2007 of 23 April 2007 amending Regulation (EC) No 1043/2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (!), and in particular the first subparagraph of Article 8(3) thereof, Whereas: (1)  Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (%) has been repealed and replaced by Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (°). It is appropriate to amend several provisions of Commission Regulation (EC) No 1043/2005 (%) which still contain references to Regulation (EC) No 1260/2001, in order to take account of this devel- opment. (2 Article 3 of Regulation (EC) No 10432005 establishes the basic products to which certain agricultural products and products derived from the processing of basic products shall be assimilated for the purposes of granting of export refunds in accordance with that Regu- lation. (3)  The products which are to be assimilated to whole milk powder (Product Group 3) are listed in Article 3(4) of Regulation (EC) No 1043/2005. However, the second subparagraph of Article 3(4) allows the competent authority, on request from the party concerned, to assimilate the products listed in that paragraph to a (") OJ L 318, 20.12.1993, p. 18. Regulation as last amended by Regu- lation (EC) No 2580/2000 (O] L 298, 25.11.2000, p. 5). () O] L 178, 30.6.2001, p. 1. () O] L 58, 28.2.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 247/2007 (O] L 69, 9.3.2007, p. 3). () OJ L 172, 5.7.2005, p. 24. Regulation as last amended by Regu- lation (EC) No 1792/2006 (O] L 362, 20.12.2006, p. 1). combination of skimmed milk powder (Product Group 2), for their non-fat dry matter content, or to butter (Product Group 6), for their milk fat content when deter- mining the refund to be paid. (4 The rapid decrease in refund rates for whole milk powder and skimmed milk powder relative to the refund rate applicable in respect of butter raises the prospect that operators will increasingly request to avail of the provisions of the second subparagraph of Article 3(4) in order to claim refund in respect of the milk fat element of products which in the normal course would have been assimilated to whole milk powder. This prospect risks the payment of higher refund in respect of agricultural products exported in the form of Non Annex I goods than would be applicable in respect of such products exported without further processing and is therefore not consistent with Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organi- sation of the market in milk and milk products (°) and in particular with the second subparagraph of Article 31(1) thereof. (5)  Accordingly, it is appropriate to delete the second sub- paragraph of Article 3(4) of Regulation (EC) No 1043/2005, without prejudice to the possibility of intro- ducing a similar measure if the risk in question ceases to exist. Nevertheless, in circumstances where Commission Regulation (EC) No 61/2007 of 25 January 2007 fixing the export refunds on milk and milk products (6) has reduced to zero, with effect from 26 January 2007, the export refund rate for whole milk powder, some Member States may already have deemed that it was no longer appropriate to agree to new requests from operators to avail of the derogation provided for in the second sub- paragraph of Article 3(4) of Regulation (EC) No 1043/2005. In the interest of harmonising the responses of Member States to the requests received since 26 January 2007 it is useful to establish a specific date after which Member States should not agree to new request for assimilation under that provision. (6)  Article 43 of Regulation (EC) No 1043/2005 provides that, other than for food aid operations, applications for refund certificates are valid only if a security equal to 25 % of the amount applied for has been lodged. This security is lodged so as to guarantee that the holder of the refund certificate applies for refunds equal to the (®) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regu- lation (EC) No 1913/2005 (O] L 307, 25.11.2005, p. 2). () O] L 19, 26.1.2007, p. 8.