31. 3. 98 Official Journal of the European Communities L 98/11 COMMISSION REGULATION (EC) No 707/98 of 30 March 1998 amending Regulation (EEC) No 3846/87 establishing an agricultural product nomenclature for export refunds THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organisation of the market in milk and milk products ('), as last amended by Regula- tion (EC) No 1587/96 (%), and in particular Article 17(14) thereof, Whereas Commission Regulation (EEC) No 3846/87 (), as last amended by Regulation (EC) No 409/98 (%), estab- lishes an agricultural product nomenclature for export refunds based on the Combined Nomenclature; whereas the footnotes to Sector 9 of the Annex to that Regulation lay down rules to be followed when granting and calcu- lating refunds; whereas there are special rules on the granting and calculation of refunds on the products covered by CN codes 0401 and 0402 where these involve mixtures of products or products containing added matter; whereas, in accordance with note 1 of Chapter 4 of the Combined Nomenclature and the Harmonised System Explanatory Notes, products covered by CN codes 0401 and 0402 cannot comprise mixtures or contain added matter other than that mentioned; Whereas, for the purposes of determining the refund applicable to certain products containing added matter, the fat content by weight is to be calculated exclusive of the weight of non-lactic matter and of added lactic matter not eligible for the refund; whereas that provision may result in some confusion as regards the tariff classification of such products; whereas it should accordingly be deleted; Whereas the refunds on concentrated milk products containing added sugar are calculated in two different ways; whereas, for the sake of harmonising calculations and simplifying the nomenclature, a single method of calculation should be used and footnote 5 should be deleted; whereas the footnotes should be adapted ac- cordingly; Whereas the Management Committee for Milk and Milk Products has not delivered an opinion within the time limit laid down by its chairman, HAS ADOPTED THIS REGULATION: Article 1 Sector 9 of the Annex to Regulation (EEC) No 3846/87 is hereby amended as follows: 1. the particulars relating to CN codes 0401 to 0404 are replaced by those in Annex I hereto; 2. the footnotes are replaced by those in Annex II hereto. Article 2 This Regulation shall enter into force on the day fol- lowing its publication in the Official Journal of the European Communities. It shall apply from 1 April 1998 to licence applications submitted from that date. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 30 March 1998. () () () ) OJ L 148, 28. 6. 1968, p. 13. OJ L 206, 16. 8. 1996, p. 21. OJ L 366, 24. 12. 1987, p. 1. OJ L 55, 25. 2. 1998, p. 1. For the Commission Franz FISCHLER Member of the Commission