Commission Regulation (EEC) No 4135/87 of 9 December 1987 determining the conditions of entry of natural sodium nitrate and natural potassic sodium nitrate falling within subheadings 3102 50 10 and 3105 90 10 respectively of the combined nomenclature

COMMISSION REGULATION  (EEC) N° 4135/87
of 9 December 1987
determining the conditions of entry of natural sodium nitrate  and natural potassic sodium nitrate falling within subheadings 3102 50 10 and 3105 90 10  respectively 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) No 2055/84 (5), Commission Regulation (EEC) N° 3039/79 (6), as last  amended by Regulation (EEC) N° 122/82 (7), determined the conditions of entry of natural sodium  nitrate and natural potassic sodium nitrate falling within subheadings 31.02 A and 31.05 A III a)  respectively 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Whereas Regulation (EEC) N° 2658/87 has repealed and replaced, on the one hand, Regulation (EEC) N°  950/68 in adopting the new tariff and statistical nomenclature (combined nomenclature) based on the 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) N° 97/69; whereas it is consequently appropriate, for reasons of  clarity, to replace Regulation (EEC) N° 3039/79 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 covers:
- natural sodium nitrate falling within subheading 3102 50 10
- natural potassic sodium  nitrate, consisting of a natural mixture of sodium nitrate and potassium nitrate (the proportion of  potassium nitrate may be as high as 44 %), of a total nitrogen content not exceeding 16,3 % by  weight on the dry anhydrous product, falling within subheading 3105 90 10
of the combined  nomenclature;
Whereas entry under these subheadings 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 subheadings mentioned above should be authorized only where such product is  accompanied by a certificate of quality which is issued by an authority acting under the  responsibility of the exporting country and which provides such assurance;
Whereas it is appropriate to specify the form which such certificate must take and the conditions  for its use; whereas, furthermore, measures must be introduced to enable the Community to check the  conditions of issue of the said certificate and to prevent falsification; whereas accordingly  certain obligations should be imposed on the issuing authority;
Whereas the certificate of quality 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,