Commission Regulation (EEC) No 4137/87 of 9 December 1987 determining the conditions of entry of goods under subheadings 0408 11 90, 0408 19 90, 0408 91 90, 0408 99 90, 1106 20 10, ex 2501 00 51, 3502 10 10 and 3502 90 10 of the combined nomenclature

COMMISSION REGULATION (EEC) N° 4137/87
of 9 December 1987
determining  the conditions of entry of goods under subheadings 0408 11 90, 0408 19 90,
0408 91 90, 0408 99 90, 1106 20 10, ex 2501 00 51, 3502 10 10 and 3502 90 10 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° 2696/77 (6), as last  amended by Regulation (EEC) N° 1284/80 (7), determined the conditions of entry of goods under  subheadings 04.05 B II, 11.04 ex B I and C I, 25.01 A II a) and 35.02 A I, 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Whereas Regulation (EEC) N° 2658/87 has repealed and replaced, on the one hand, Regulation (EEC) N°  950/68 in adopting the new tariff and statistical nomenclature (combined nomenclature) based on the 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 shown to be appropriate, for  reasons of clarity, to replace Regulation (EEC) N° 2696/77 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 to:
- eggs not in shell and egg yolks, other than suitable for human consumption, of subheadings 0408  11 90, 0408 19 90, 0408 91 90 and 0408 99 90;
- flour and meal of sago and of roots and tubers falling within heading N° 0714, denatured,  of subheading 1106 20 10,
- common salt (including table salt) and pure sodium chloride, whether or not in aqueous solution,  denatured, of subheading ex 2501 00 51,
- albumins to be rendered unfit for human consumption, of subheadings 3502 10 10 and 3502 90 10
of  the combined nomenclature;
Whereas entry under these subheadings is subject to conditions laid down in the relevant Community  provisions;
Whereas, in the circumstances, these conditions would inevitably involve denaturing with a view to  rendering these products unfit for human consumption;
Whereas for such denaturing, in order to avoid, on the one hand, disparities in the application of  the combined nomenclature as well as deflections of trade and economic activity within the  Community and to permit, on the other hand, the free circulation of denatured products, it is  agreed, in the interests of all concerned and in order to lighten as far as possible the burden  falling on national administrations, Community methods of denaturing should be established;
Whereas, to this end, a mandatory list should be drawn up of denaturants possessing, where  necessary, specific properties; whereas this list should include an indication of the minimum  quantity of denaturant to be used for the purpose of denaturing a specified quantity of the  product; whereas, however, in order to allow for any unforeseen needs which might arise in a Member  State, provision should be made to enable the State concerned to permit the temporary use of  another denaturant;
Whereas the denatured products in question are normally used in industries other than the animal  feed-manufacturing industry; whereas, moreover, when such products are used in the latter industry  or are consumed as such by animals, it is necessary to ensure that denaturing takes place in  accordance with the provisions of Council Directive 70/524/EEC of 23 November 1970 concerning  additives in feedingstuffs (8), as last amended by Directive 87/317/EEC (9);
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Nomenclature Committee,