1975R2730 — EN — 01.01.1988 — 001.001 — 1
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►B REGULATION (EEC)No 2730/75 OF THE COUNCIL
of 29 October 1975
on glucose and lactose
(OJ L 281, 1.11.1975, p. 20)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) no 222/88 of 22 December 1987 L28 1 1.2.1988
1975R2730 — EN — 01.01.1988 — 001.001 — 2
▼B
REGULATION (EEC)No 2730/75 OF THE COUNCIL
of 29 October 1975
on glucose and lactose
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 235 thereof;
Having regard to the proposal from the Commission;Having regard to the Opinion of the European Parliament(
1);
Whereas, in order to avoid technical difficulties as regards customs
treatment, the Council Decision of 12 December 1964(2) on the intro-
ductionofsomeamendmentstotheCommonCustomsTariff,providedfor glucose, glucose syrup, lactose and lactose syrup to fall within oneheading and for chemically pure glucose and lactose to fall withinanother;
Whereas, however, glucose and lactose falling respectively within
subheadings 17.02 B II and 17.02 A II are listed in Annex II to theTreaty and are therefore subject to the system of trade with thirdcountriesprovidedforunderthecommonorganizationofthemarketstowhichtheybelong,whilechemicallypureglucoseandlactosenotlistedin Annex II to the Treaty are subject to the system of customs duties,the economic incidence of which can be appreciably different;
Whereas this situation creates difficulties which are the greater in that
the products in question, whatever their degree of purity, are derivedfromthesamebasicproducts;whereasthecriterionforcustomsclassi-fication between those products which are and those which are notchemically pure is a 99 % degree of purity; whereas products with aslightly higher or slightly lower degree of purity may have the sameeconomic use; whereas, therefore, the application of different systemsleads to distortions of competition which are all the greater because ofinterchangeability;
Whereas the only solution to these difficulties is to follow the Council
Decision of 12 December 1964 by giving the products the sameeconomictreatmentwhatevertheirdegreeofpurityor,totheextentthatthis would appear adequate, by harmonizing the treatment given to thetwo groups of products;
Whereas the Treaty does not specifically provide the authority needed
totakesuchaction;whereasinthesecircumstancesthenecessarymeas-uresshouldbetakenonthebasisofArticle235oftheTreaty;whereasthemostappropriatemeasuresaretoextendtochemicallypureglucosethe treatment given to other glucose under Council Regulation (EEC)No2727/75(
3)of29October1975onthecommonorganizationofthe
marketincereals,andtoextendtochemicallypurelactosethetreatmentgiventootherlactoseunderCouncilRegulation(EEC)No804/68(
4)of
27 June 1968 on the common organization of the market in milk andmilk products, as last amended by Regulation (EEC) No 740/75(
5),
(1) Opinion delivered on 16 October 1975 (not yet published in the Official
Journal).
(2) OJ No 220, 31. 12. 1964, p. 3741/64.
(3) See page 1 of this Official Journal.
(4) OJ No L 148, 28, 6. 1968, p. 13.
(5) OJ No L 74, 22. 3. 1975, p. 1.
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▼B
HAS ADOPTED THIS REGULATION:
▼M1
Article 1
The treatment provided by Regulation (EEC) No 2727/75 and by the
provisionsadoptedfortheapplicationofthisRegulationforglucoseandglucose syrup falling within subheadings 17023091, 17023099 and17024090ofthecombinednomenclatureshallbeextendedtoglucoseand glucose syrup falling within subheadings 17023051 and17023059 of the combined nomenclature.
Article 2
The treatment provided by Regulation (EEC) No 804/68 and by the
provisionsadoptedfortheapplicationofthisRegulationforlactoseandlactose syrup falling within subheading 17021090 of the combinednomenclature shall be extended to lactose and lactose syrup fallingwithin subheading 17021010 of the combined nomenclature.
Article 3
When the treatment given to glucose and glucose syrup falling respec-
tively within subheadings 17023091, 17023099, 17024090 and17021090 of the combined nomenclature is amended pursuant toArticle 43 of the Treaty or in accordance with procedures establishedfor the application of that Article, such amendments shall extend asappropriate to glucose and glucose syrup or to lactose or lactose syrupfalling respectively within subheadings 17023051, 17023059 and17021010 of the combined nomenclature, unless, in accordance withthe same procedures, other measures are taken for the harmonizing ofthetreatmentapplicabletotheseproductswiththetreatmentapplicableto those already mentioned.
▼
B
Article 4
1. Council Regulation No 189/66/EEC(1) of 24 November 1966 on
glucose and lactose, is hereby repealed.
2. References to the Regulation repealed by paragraph 1 shall be
construed as references to this Regulation.
Article 5
This Regulation shall enter into force on 1 November 1975.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.
(1) OJ No 218, 28. 11. 1966, p. 3713/66.