No L 387/48 Official Journal of the European Communities 31.12. 87 COMMISSION REGULATION (EEC) No 4134/87 of 9 December 1987 determining the conditions of entry of preparations known as cheese fondues to be included under subheading 2106 90 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), 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 1062/69 (), as last amended by the Act of Accession of Spain and Portugal, specified the requirements relating to certificates which must be produced in order for preparations known as cheese fondues to be included under subheading 21.07 E of the Common Customs Tariff and Commission Regulation (EEC) No 1063/69 (7) established the list of issuing bodies referred to in Regulation (EEC) No 1062/69; Whereas Regulation (EEC) No 2658/87 has repealed and replaced, on the one hand, Regulation (EEC) No 950/68 in adopting the new tariff and statistical nomenclature {(combined nomenclature) based on the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 shown to be appropriate, for reasons of clarity, to replace Regulation (EEC) No 1062/69 and (EEC) No 1063/69 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 the maximum rate of duty on preparations known as cheese fondues in subheading 2106 90 10 of the combined nomenclature annexed to Regulation (EEC) No 2658/87, is 35 ECU per 100 kilograms net; whereas it appears from Additional Note 1 to Chapter 21 of that nomenclature that the inclusion of preparations known as cheese fondues under that subheading is subject to production of a certificate issued under the conditions laid down in the relevant Community provisions; Whereas subheading 2106 90 10 of the combined nomenclature relates to goods covered by Council Regulation (EEC) No 3033/80 of 11 November 1980 determining the system of trade applicable to certain goods resulting from the processing of agricultural products (8); whereas in accordance with the second subparagraph of Article 8 of that Regulation, where the application of the maximum rate of charge is subject to specific conditions, such conditions must be determined in accordance with the procedure laid down in Article 11 of Regulation (EEC) No 2658/87; whereas the requirements applicable to certificates which must be produced in order for preparations known as cheese fondues to be included under combined nomenclature subheading 2106 90 10 must therefore be defined in accordance with that procedure; Whereas it is appropriate to specify the form which such a certificate must take and the conditions for its use; whereas, furthermore, measures must be introduced to enable the Community to keep check upon the conditions of issue of the said certificate and to prevent falsification; whereas accordingly certain obligations should be imposed on the issuing authority; Whereas the certificate should be drawn up in an official Community language 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, HAS ADOPTED THIS REGULATION: Article 1 The entry under subheading 2106 90 10 of the combined nomenclature of preparations known as cheese fondues shall be subject to presentation of a certificate of authenticity meeting the requirements of this Regulation. (*) OJ No L 323, 29.11. 1980, p. 1.