No L 387/76 Official Journal of the European Communities 31.12. 87 COMMISSION REGULATION (EEC) No 4141/87 of 9 December 1987 determining the conditions under which goods for certain categories of aircraft and ships are eligible on import for a favourable tariff arrangement by season of their sub-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 11 thereof, Having regard to Council Regulation (EEC) No 222/77 of 13 December 1976 on Community transit (), as last amended by Regulation (EEC) No 1674/87 (3) and in particular Article 57 thereof, Whereas Council Regulation (EEC) No 950/68 of 28 June 1968, on the Common Customs Tariff (*), as last amended by Regulation (EEC) No 3529/87 (%), 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 Januiary 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 2695/77 (8), as last amended by the Act of Accession of Spain and Portugal, determined the conditions under which goods for certain categories of aircraft and ships are eligible on import for a favourable tariff arrangement; Whereas Regulation (EEC) No 2658/87 has repealed and replaced, on the one hand, Regulation (EEC) No 950/68 in adopting the new tariff and statistical nomenclature (combined nomenclature) based on the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 2695/77 by a new regulation taking over the new nomenclature as well as the () OJNoL 256,7.9.1987, p. 1. (2) OJNo L 38,9.2.1977,p. 1. (3) OJNo L 157,17.6.1987, p. 1. (*) OJNo L 172,22.7.1968, p. 1. (5) O] No L 336, 26. 11. 1987, p. 3. () OJ No L 14, 21.1.1969, p. 1. (7) O] No L 191, 19.7.1984, p. 1. (8) OJ No L 314, 8.12. 1977, p. 14. new legal base; whereas, for the same reason, it is- appropriate to incorporate in this new text all the amendments made to date; Whereas Regulation (EEC) No 2658/87 lays down that duties on products specified in Section A of Annex 1 to this Regulation are suspended when the products are intended to be fitted in aircraft imported duty free or built within the Community; whereas the suspension shall be subject to conditions laid down in the relevant Community provisions; whereas such conditions shall also apply to the granting of a favourable tariff arrangement to goods intended for use in civil aircraft and for incorporation therein in the course of their manufacture, repair, maintenance, rebuilding, modification or conversion, covered by Section II B of the Preliminary Provisions of the combined nomenclature, or by autonomous Community tariff suspensions; Whereas, in Section II (A) of its preliminary provisions, the combined nomenclature also provides that customs duties are suspended in respect of goods intended for incorporation in certain categories of ships, boats or other vessels, for the purposes of their construction, repair, maintenance or conversion, and in respect of goods intended for fitting to or equipping such ships, boats or other vessels; whereas the suspension shall be subject to conditions laid down in the relevant Community provisions with a view to customs control of the use of such goods; Whereas, in order to ensure uniform application of the combined nomenclature, provisions are necessary for fixing those conditions; Whereas Commission Regulation (EEC) No 4142/87 of 9 December 1987 determining the conditions under which certain goods are eligible on import for a favourable tariff arrangement by reason of their end-use (°), sets out both the general and minimum conditions governing such goods; whereas that Regulation should be applied to the products referred to above; Whereas, nevertheless, for goods for the maintenance or repair of aircraft, consigned by air from one Member State to another by airlines engaged in international traffic, whether the goods are to be transferred for the airlines’ own needs or under the terms of exchange agreements; it is necessary to simplify the formalities involved in the internal Community transit procedure under which these goods are consigned, and in view of the specialized nature of these movements of goods, more flexible arrangements than those of Control Copy T 5 are necessary; (%) See page 81 of this Official Journal.