Commission Regulation (EEC) No 4128/87 of 9 December 1987 laying down conditions for the entry of flue-cured Virginia type, light air-cured Burley type (including Burley hybrids), light air-cured Maryland type and fire-cured tobacco, falling within subheadings 2401 10 10 to 2401 10 49 and 2401 20 10 to 2401 20 49 of the combined nomenclature

COMMISSION REGULATION  (EEC) N° 4128/87
of 9 December 1987
laying down conditions for the entry of flue-cured Virginia  type, light air-cured Burley type (including Burley hybrids), light air-cured Maryland type and  fire-cured tobacco, falling within subheadings 2401 10 10 to 2401 10 49 and 2401 20 10 to 2401 20  49 of the combined nomenclature
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) N° 2658/87 of 23 July 1987 on the tariff and statistical  nomenclature and on the Common Customs Tariff (1), and in particular Article 11 thereof;
Whereas Council Regulation (EEC) N° 950/68 of 28 June 1968 on the Common Customs Tariff (2), as  last amended by Regulation (EEC) N° 3529/87 (3), established the Common Customs Tariff on the basis  of the nomenclature of the Convention of 15 December 1950 concerning the nomenclature to be used  for the classification of goods in customs tariffs;
Whereas on the basis of Council Regulation (EEC) N° 97/69 of 16 January 1969 on measures to be  taken for the uniform application of the nomenclature of the Common Customs Tariff (4), as last  amended by Regulation (EEC) N° 2055/84 (5), Commission Regulation (EEC) N° 3035/79 (6), as last  amended by Regulation (EEC) N° 2946/86 (7), laid down conditions for the entry of flue-cured  Virginia type, light air-cured Burley type (including Burley hybrids), light air-cured Maryland  type and fire-cured tobacco, falling within subheading 24.01 A of the Common Customs Tariff;
Whereas Regulation (EEC) N° 2658/87 has repealed and replaced, on the one hand, Regulation (EEC) N°  950/68 in adopting the new tariff and statistical nomenclature (combined nomenclature) based on the  International Convention on the Harmonized Commodity Description and Coding System and, on the  other hand, Regulation (EEC) No
97/69; whereas it is consequently appropriate, for reasons  of clarity, to replace Regulation (EEC) N° 3035/79 by a new regulation taking over the new  nomenclature as well as the new legal base; whereas, for the same reasons, it is appropriate to  incorporate in this new text all the amendments made to date;
Whereas Regulation (EEC) N° 2658/87 refers in subheadings 2401 10 10 to 2401 10 49 and 2401 20 10  to 2401 20 49 of the combined nomenclature to flue-cured Virginia type and light air-cured Burley  type (including Burley hybrids), light air-cured Maryland type and fire-cured tobacco; whereas  entry under this subheading is subject to conditions laid down in the relevant Community  provisions; whereas, in order to ensure uniform application of the nomenclature of the combined  nomenclature, provisions specifying those conditions must be laid down;
Whereas identification of the above products presents certain difficulties; whereas it can be  considerably simplified if the exporting country gives an assurance that the product exported  corresponds to the description of the product in question; whereas, consequently, entry of a  product under the subheading mentioned above should be authorized only where such product is  accompanied by a certificate of authenticity which is delivered by an issuing authority recognized  as such by the exporting country and which provides such assurance;
Whereas it is appropriate to provide that tobacco having the characteristics indicated in the text  of subheadings 2401 10 10 to 2401 10 49 and 2401 20 10 to 2401 20 49 of the combined nomenclature  shall be classified in those subheadings even if it is not accompanied by a certificate of  authenticity, provided that it can be put into free circulation without payment of customs duty by  virtue of another Community provision;
Whereas it is appropriate to forbid the issue or acceptance
of certificates of authenticity,  especially because of the difficulties it could cause in the application on the  combined
nomenclature, when various types of the abovementioned tobacco are presented in the same  immediate packing;
Whereas it is appropriate to specify the form which such a certificate must take and the conditions  for its use; whereas, furthermore, measures must be introduced to enable the Community to keep  check upon the conditions of issue of the said certificate; whereas accordingly certain obligations  should be imposed on the issuing authority;
Whereas the certificate of authenticity should be drawn up in an official Community language and,  where appropriate, an official language of the exporting country;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the  Nomenclature Committee,