Commission Regulation (EEC) No 4136/87 of 9 December 1987 determining the conditions of entry of horses intended for slaughter under subheading 0101 19 10 of the combined nomenclature

COMMISSION REGULATION (EEC) N° 4136/87
of 9 December 1987
determining the conditions of  entry of horses intended for slaughter under subheading
0101 19 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) N° 2055/84 (5), Commission Regulation (EEC) N° 485/79 (6) determined  the conditions of entry of horses intended for slaughter under subheading 01.01 A II 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Whereas Regulation (EEC) N° 2658/87 has repealed and replaced, on the one hand, Regulation (EEC) N°  950/68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° 485/79 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 subheading 0101 19 10 to horses for slaughter;  whereas entry of such horses under this subheading is subject to conditions laid down in the  relevant Community provisions; whereas, in order to ensure uniform application of the nomenclature  and rates of duty of the combined nomenclature, provisions are necessary to fix those conditions;
Whereas since the tariff reduction on the slaughter of imported horses is high, it is  necessary to make provision, in particular, for:
1.  the importer to be required to ensure that the horses
are slaughtered, as well as to give  security for and,
where necessary, to pay the difference between the customs duty under subheading 0101 19 90 and  that under subheading 0101 19 10 of the combined nomenclature;
2.  the horses to be identified in such a manner that they may be traced continuously from the time  they enter into free circulation until their slaughter;
3.  conveyance of horses between the customs office and
the slaughterhouse to be by duly sealed  means of transport;
4.  proof to be produced that the horses have been slaughtered in accordance with the conditions  laid down in this Regulation.
Whereas while there is no harmonization at Community
level of health provisions relating to horses  intended for slaughter, such horses are not in practice removed from one Member State to another;  whereas under these conditions it does not appear necessary to lay down provisions concerning the  transfer of such horses from one Member State to another;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the  Nomenclature Committee,