Commission Regulation (EEC) No 4132/87 of 9 December 1987 determining the conditions for the inclusion of bourbon whisky under subheading Nos 2208 30 11 and 2208 30 19 of the combined nomenclature

COMMISSION REGULATION (EEC) N° 4132/87
of 9 December 1987
determining  the conditions for the inclusion of bourbon whiskey under subheadings
2208 30 11 and 2208 30 19 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° 2552/69 (6), as last  amended by the Act of Accession of Spain and Portugal, determined the conditions for the inclusion  of bourbon whiskey under subheading 22.09 C III 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Whereas Regulation (EEC) N° 2658/87 has repealed and replaced, on the one hand, Regulation (EEC) N°  950/68 in adopting the new tariff and statistical nomenclature (combined nomenclature) based on the 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) N° 97/69; whereas it is consequently appropriate, for reasons of  clarity, to replace Regulation (EEC) N° 2552/69 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 bourbon whiskey under subheadings 2208 30 11 and 2208 30  19; whereas inclusion under that subheading is subject to conditions laid down in the relevant  Community provisions;
whereas, in order to ensure uniform application of the nomenclature of the Common Customs  Tariff, provisions are required to determine those conditions;
Whereas identification of bourbon whiskey is particularly difficult; whereas it can be made  considerably easier if the exporting country gives an assurance that the product exported  corresponds to the description of the product in question; whereas, consequently, a product should  not be included under the abovementioned subheadings unless it is accompanied by a certificate of  authenticity which, being issued by a body acting under the responsibility of the exporting  country, provides such an 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 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 one of the official Community  languages 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,