COMMISSION REGULATION (EEC) N° 4138/87
of 9 December 1987
determining the  conditions under which contain potatoes, sweet corn, cereals, oil seeds and oleaginous fruit, for  sowing, are eligible on import for a favourable tariff arrangement by reason of their end-use.
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 II 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° 1536/77 (6), as last  amended by Regulation (EEC) N° 1259/82 (7), determined the condition of entry of seeds under  subheadings 07.01 A I, 10.01 A, 10.05 A, 10.06 A and 12.01 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Whereas Regulation (EEC) N° 2658/87 has repealed and replaced, on the one hand, Regulation (EEC) N°  950/68 in adopting the new tariff and statistical nomenclature (combined nomenclature) based on the 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° 1536/77 by a
new regulation taking over the new  nomenclature as well
as the new legal base; whereas, for the same reason, it is appropriate to  incorporate in this new text all the amendments made to date; whereas it is also appropriate to add  sorghum for which a new tariff line has recently been created;
Whereas Regulation (EEC) N° 2658/87 refers in the subheadings reproduced in Article 1 to potatoes,  cereals, oils
seeds and oleaginous fruit, indicated in the respective subheadings; whereas  entry under these subheadings is subject to the conditions laid down in the relevant Community  provisions; whereas, in order to ensure uniform application of the Common Customs Tariff,  provisions specifying those conditions must be laid down;
Whereas the Council has adopted Directive 66/403/EEC
of 14 June 1966 on the marketing of seed  potatoes (8), as
last amended by Directive 87/374/EEC (9), Council Directive 66/402/EEC of 14 June  1966 on the marketing of cereal seed (10), as last amended by Directive 87/120/EEC (11) and which  also refers to sweet corn seed and Directive 69/208/EEC of 30 June 1969 on the marketing of seed of  oil and fibre plants (12), as last amended by Directive 87/120/EEC;
Whereas Articles 15, 16 and 15 respectively of these Directives provide that the Council shall  determine whether seeds harvested in a third country and affording the same assurances as regards  their characteristics and the arrangements for their examination, for ensuring identity, for  marking and for control are equivalent in these respects to seeds harvested within the Community  and complying with the provisions of the Directive concerned;
Whereas the Council has made such determinations with regard to certain non-member countries,
- in the case of seed potatoes, by its Fourth Council Decision 81/956/EEC of 16 November 1981,  on
the equivalence of seed potatoes produced in
third countries (13), as last amended by Decision  87/144/EEC (14),
- in the case of spelt, hybrid maize seed, rice straw, grain sorghum and oil seeds and oleoginous  fruit, by its Seventh Council Decision 85/356/EEC of 27 June 1985, on the equivalence of seeds  produced in third countries (15), as last amended by Decision 87/521/EEC (16) and by  its
¹
¹
Seventh Council Decision 85/355/EEC of 27 June 1985 on the equivalence of field  inspections carried out in third countries on seed producing crops (1) as last amended by Decision  87/520/EEC (2).
Whereas it follows from the very terms in which the three abovementioned subheadings are drawn that  products may be entered under one of these subheadings only if they have specific characteristics  which make them suitable for sowing;
Whereas certain specific characteristics were prescribed by the Council when it determined that  there was equivalence between the plants and seeds in question produced in certain non-member  countries and plants and seeds of the same
kind harvested within the Community; whereas the said  characteristics should therefore constitute the conditions of entry under the subheadings  concerned;
Whereas, as regards spelt, rice, maize, sorghum, oil seeds and oleaginous fruit of a kind to which  the provisions of Directives 66/402/EEC and 69/208/EEC do not apply, it is appropriate, pending  harmonization at Community level of provisions for these goods and given that there is little trade  in them, to make their entry under their respective subheadings referred to in Article 1  respectively subject to conditions to be established by the competent authorities of the Member  States;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the  Nomenclature Committee,
The entry of potatoes, sweet corn, cereals, oil seeds and oleaginous  fruit, listed below, under their respective subheadings in the combined nomenclature shall be  subject to the conditions laid down in Articles 2 to 5:
>TABLE>
Seed potatoes shall satisfy the conditions laid down in accordance  with Article 15 of Directive 66/403/EEC.
Sweet corn, spelt, hybrid maize, rice and sorghum hybrid for sowing shall satisfy the  conditions laid down in accordance with Article 16 of Directive 66/402/EEC.
Oil seeds and oleaginous fruits for sowing shall satisfy the conditions laid down in  accordance with Article 15 of Directive 69/208/EEC.
Sweet corn, spelt, hybrid maize, rice, sorghum hybrid, oil seeds and oleaginous fruit of  a kind to which the provisions of Directives 66/402/EEC and 69/208/EEC do not apply shall only be  entered under the subheadings indicated in Article 1 if the party concerned proves to the  satisfaction of the competent authorities of the Member States that these products are in practice  intended for sowing.
Regulation (EEC) N° 1536/77 is hereby repealed.
Each Member State shall inform the Commission of the steps taken by its central  administration for the purposes of applying this Regulation.
The Commission shall forthwith communicate this information to the other Member States.
This Regulation shall enter into force on 1 January 1988.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.