L 105/10 Official Journal of the European Union 21.4.2011 COMMISSION IMPLEMENTING REGULATION (EU) No 400/2011 of 20 April 2011 fixing the export refunds on milk and milk products THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, 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 Article 164(2) and Article 170, in conjunction with Article 4, thereof, Whereas: (1)  Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products listed in Part XVI of Annex I to that Regulation and prices for those products on the Union market may be covered by an export refund. (2)  Given the present situation on the market in milk and milk products, export refunds should be fixed in accordance with the rules and certain criteria provided for in Articles 162, 163, 164, 167 and 169 of Regu- lation (EC) No 1234/2007. (3)  Article 164(1) of Regulation (EC) No 1234/2007 provides that export refunds may vary according to des- tination, especially where the world market situation, the specific requirements of certain markets or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary. (4)  Refunds should be granted only on products that comply with the requirements of Commission Regulation (EC) No 11872009 of 27 November 2009 laying down special detailed rules for the application of Council Regu- lation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (). (5)  The currently applicable refunds have been fixed by Commission Regulation (EU) No 44/2011 (}). Since new refunds should be fixed, that Regulation should therefore be repealed. (6)  The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets, HAS ADOPTED THIS REGULATION: Article 1 Export refunds as provided for in Article 164 of Regulation (EC) No 1234/2007 shall be granted on the products and for the amounts set out in the Annex to this Regulation, subject to the conditions provided for in Article 3 of Regulation (EC) No 1187/2009. Article 2 Regulation (EU) No 44/2011 is hereby repealed. Article 3 This Regulation shall enter into force on 21 April 2011. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 April 2011. () O] L 299, 16.11.2007, p. 1. For the Commission, On behalf of the President, José Manuel SILVA RODRIGUEZ Director-General for Agriculture and Rural Development () O] L 318, 4.12.2009, p. 1. () OJ L 18, 21.1.2011, p. 10.