31.12. 87 Official Journal of the European Communities No L 387/67 COMMISSION REGULATION (EEC) No 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) No 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) No 950/68 of 28 June 1968 on the Common Customs Tariff (2), aslast amended by Regulation (EEC) No 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) No 97/69 of 16 January 1969 on measures to be taken for the uniform application of the nomenclature of the Common Customs Tariff (*), as last amended by Regulation (EEC) No 2055/84 (*), Commission Regulation (EEC) No 1536/77 (¢), as last amended by Regulation (EEC) No 1259/82 (7), determined the condition of entry of seeds under subheadings 07.01 A1,10.01 A,10.05 A, 10.06 A and 12.01 A of the Common Customs Tariff; Whereas Regulation (EEC) No 2658/87 has repealed and replaced, on the one hand, Regulation (EEC) No 950/68 in adopting the new tariff and statistical nomenclature (combined nomenclature) based on the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) No 97/69; whereas it is consequently appropriate, for reasons of clarity, to replace Regulation (EEC) No 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) No 2658/87 refers in the subheadings reproduced in Article 1 to potatoes, cereals, oils (1) OJ No L 256, 7.9. 1987, p. 1. (2) O NoL 172, 22.7.1968, p. 1. (3) O] No L 336, 26. 11. 1987, p. 3. (*) O] NoL 14, 21. 1. 1969, p. 1. (5) O] No L 191, 19.7. 1984, p. 1. () OJ No L 171, 9.7.1977, p. 13. (?) OJ No L 147, 26. 5. 1982, p. 10. 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 (°), Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (1°), 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 (1¢) and by its (*) OJ No 125, 11. 7. 1966, p. 2320/66. (*) O] No L 197, 19. 7. 1987, p. 36. (1°) OJ No 125, 11. 7. 1966, p. 2309/66. (1) O] No L 49, 18. 2. 1987, p. 39. (12) OJ No L 169, 10. 7. 1969, p. 3. (1) O] No L 351,7.12.1981, p. 1. (%) O] No L §7, 27.2.1987, p. 5. (15) OJ No L 195, 26. 7. 1985, p. 20. (16) O] No L 304, 27. 10. 1987, p. 43.