No L 387/60 Official Journal of the European Communities 31.12. 87 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 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 11 thereof, Whereas Council Regulation (EEC) No 950/68 of 28 June 1968 on the Common Customs Tariff (2), as last 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 (4), as last amended by Regulation (EEC) No 2055/84 (), Commission Regulation (EEC) No 485/79 (¢) determined the conditions of entry of horses intended for slaughter under subheading 01.01 A II of the Common Customs Tariff; Whereas Regulation (EEC) No 2658/87 has repealed and replaced, on the one hand, Regulation (EEC) No 950/68 in adopting the new tariff and statistical nomenclature .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 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) No 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; (1) OJ No L 256, 7.9. 1987, p. 1. (3) OJ NoL 172,22.7.1968, p. 1. (}) O] No L 336, 26. 11. 1987, p. 3. (*) OJ No L 14, 21.1. 1969, p. 1. (5) O] No L 191, 19. 7. 1984, p. 1. (5) O] No L 64, 14. 3. 1979, p. 49. 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 010119 90 and that under - subheading 0101 1910 of the combined nomenclature; : 2. thehorses 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, HAS ADOPTED THIS REGULATION: N Article 1 The entry under subheading 0101 19 10 of the combined nomenclature of horses intended for slaughter shall be subject to the conditions of Articles 2 to 7. Article 2 1. At the time of entry into free circulation, each horse must be identified to the satisfaction of the competent authorities by a clearly legible mark resulting from the removal of hair, by means of scissors or otherwise, from the left shoulder, comprising the mark ‘X’ to indicate that the horse is intended for slaughter, and a number to enable a horse to be identified from the time of entry into free circulation to the time of slaughter.