L 270/4 Official Journal of the European Communities 7.10.98 COMMISSION REGULATION (EC) No 2138/98 of 6 October 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 1353/98 (*), 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 on milk and milk products; whereas, under those rules, milk products containing permeate are not eligible for a refund; whereas it should be specified that that rule also applies to products consisting solely of permeate; Whereas, to avoid problems in trade, the obligation to declare the actual content of added substances which are ineligible for the grant of a refund during customs formalities should be replaced by the obligation to declare a maximum content of such added substances; Whereas 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 In Sector 9 of the Annex to Regulation (EEC) No 3846/ 87, footnotes 1, 2, 4, 8, 10, 13 and 14 are hereby replaced by the footnotes listed in the Annex to this Regulation. Article 2 This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 October 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 184, 27. 6. 1998, p. 29. For the Commission Franz FISCHLER Member of the Commission