27. 6. 98 Official Journal of the European Communities L 184/29 COMMISSION REGULATION (EC) No 1353/98 of 26 June 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 707/98 (%), es- tablishes 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 Regulation (EC) No 707/98 amends the method of calculating refunds on certain sweetened condensed milk; whereas calculation is now based on a standard composition of 60 % milk and 40 % sucrose; whereas it transpires that the composition of certain products has been specifically formulated to obtain an abnormally high refund amount; whereas, as a result, the agricultural product refund nomenclature should be adjusted by laying down a minimum sucrose content for the products concerned,; Whereas certain provisions in the footnotes give rise to different interpretations; whereas those provisions should be clarified; 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 Sector 9 of the Annex to Regulation (EEC) No 3846/87 is hereby amended as follows: 1. The particulars relating to CN codes 040299, 0404 90 81 and 0404 90 83 are replaced by those in Annex I hereto. 2. Footnotes 4 and 14 are replaced by the footnotes 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 July 1998. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 26 June 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 98, 31. 3. 1998, p. 11. For the Commission Franz FISCHLER Member of the Commission