L 234/4 Official Journal of the European Union 29.8.2006 COMMISSION REGULATION (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 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 Articles 26(3), 30(1) and 31(14) thereof, Whereas: Regulation (EC) No 1255/1999 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 174/1999 of 26 January 1999 laying down special detailed rules for the application of Council Regulation (EEC) No 804/68 as regards export licences and export refunds in case of milk and milk products (3). Regulation (EC) No 1741999 has been substantially amended several times. Since further amendments are to be made, Regulation (EC) No 174/1999 should be repealed and replaced by a new regulation in the interest of clarity and efficiency. Under the Agriculture Agreement (°) concluded during the Uruguay Round of the GATT trade negotiations 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 quan- tities which may be exported with a refund. () 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). (® OJ L 20, 27.1.1999, p. 8. Regulation as last amended by Regulation (EC) No 508/2006 (O] L 92, 30.3.2006, p. 10). () O] L 336, 23.12.1994, p. 22. () O] L 336, 23.12.1994, p. 1. (4) Article 5 of Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (°) provides for specific operations and certain quantities below which no export licence is required. Some special provisions should be adopted for the milk and milk products sector in that respect. The tolerance permitted by that Regulation as regards the quantity of goods exported compared with the quantity indicated on the licence should be reduced and, in order to ensure effective controls on limits, there should be no refunds paid on quantities exceeding what is indicated on the licence. The securities to be lodged when licence applications are submitted should be sufficient to prevent speculative applications. 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. Article 4(2) of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products (°) lays down rules for the use of export licences with advance fixing of the refund for the exportation of products with a 12- digit code other than that shown in section 16 of the licence. This provision is applicable in a specific sector only if product categories as referred to in Article 14 of Regulation (EC) No 1291/2000 and product groups as referred to in the second indent of the first subparagraph of Article 4(2) of Regulation (EC) No 800/1999 have been defined. For the milk and milk products sector, product categories are already defined with reference to the categories provided for in the Agriculture Agreement. In the interest of sound management this use of categories should be retained and Article 4(2) of Regulation (EC) No 800/1999 applied on the basis of defined product groups only. (®) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu- lation (EC) No 410/2006 (O] L 71, 10.3.2006, p. 7). (®) OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regu- lation (EC) No 671/2004 (O] L 105, 14.4.2004, p. 5).