Commission Regulation (EEC) No 4131/87 of 9 December 1987 determining the conditions of entry of port, Madeira, sherry, Setubal muscatel and Tokay (Aszu and Szamorodni) wines falling within subheadings 2204 21 41, 2204 21 51, 2204 29 41, 2204 29 45, 2204 29 51 and 2204 29 55 of the combined nomenclature

COMMISSION REGULATION (EEC) N° 4131/87
of 9 December 1987
determining the conditions of entry of  port, Madeira, sherry, Setubal muscatel and Tokay (Aszu and Szamorodni) wines falling within  subheadings 2204 21 41, 2204 21 51,
2204 29 41, 2204 29 45, 2204 29 51 and 2204 29 55 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° 1120/75 (6), as last  amended by Regulation (EEC) N° 3391/83 (7), determined the conditions for the entry of port,  Madeira, sherry, Setubal muscatel and Tokay (Aszu and Szamorodni) wines falling within subheadings  22.05 C III
a) 1, 22.05 C III b) 1, 22.05 C III b) 2, and 22.05 C IV a) 1
and b) 1 and 2 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Whereas Regulation (EEC) N° 2658/87 has repealed and replaced, on the one hand, Regulation (EEC) N°  950/68 in adopting the new tariff and statistical nomenclature (combined nomenclature) based on the 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° 1120/75 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
- port, Madeira, sherry and Setubal muscatel  wines falling within subheadings 2204 21 41 and 2204 21 51, and
- Tokay (Aszu and Szamorodni) wine  falling within subheadings 2204 29 45 and 2204 29 55;
- port, Madeira, sherry and Setubal Muscatel wines falling within subheadings 2204 29 41 and 2204  29 51
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 combined nomenclature,  provisions specifying those conditions must be laid down;
Whereas identification of the above wines 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 designation of origin 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 certificates must take and the conditions  for their use; whereas, furthermore, measures must be introduced to enable the Community to keep  check upon the conditions of issue of the said certificates and to prevent falsification; 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,