Proposal for a Council Regulation on glucose and lactose (Codified version)
Date: 2006-03-14
Institutions: European Commission
Subjects: EC Regulation, codification of EU law, customs regulations, glucose, lactose

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.3.2006 
COM(2006)116 final 

2006/0038(CNS) 

Proposal for a 

COUNCIL REGULATION 

on glucose and lactose 

(Codified version) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Regulation (EEC) No 2730/75 of 29 October 1975 on glucose and lactose 3. The new 
Regulation  will  supersede  the  various  acts  incorporated  in  it4;  this  proposal  fully 
preserves  the  content  of  the  acts  being  codified  and  hence  does  no  more  than 
bringing  them  together  with  only  such  formal  amendments  as  are  required  by  the 
codification exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex I to this proposal. 

1. 

2. 

3. 

4. 

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3 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Regulation  (EEC) No 2730/75  and  the  instruments 
amending  it,  carried  out  by  the  Office  for  Official  Publications  of  the  European 
Communities, by means of a data-processing system. Where the Articles have been 
given new numbers, the correlation between the old and the new numbers is shown 
in a table contained in Annex II to the codified Regulation. 

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(cid:208) 2730/75 (adapted) 

2006/0038(CNS) 

Proposal for a 

COUNCIL REGULATION 

on glucose and lactose 

(Codified version) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article ⌦ 308 ⌫ thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament5 

Having regard to the opinion of the European Economic and Social Committee6, 

Whereas: 

(1) 

Council  Regulation  (EEC)  No  2730/75  of  29  October  1975  on  glucose  and  lactose7 
has been substantially amended several times8. In the interests of clarity and rationality 
the said Regulation should be codified. 

(cid:208)  

(cid:208) 2730/75 Recital 1 (adapted) 

(2) 

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6 
7 

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treatment, 
In  order 
⌦ Regulation (EEC)  No  2658/87  of  23  July  1987  on  the  tariff  and  statistical 

technical  difficulties  as 

regards  customs 

to  avoid 

OJ C […], […], p. [...]. 
OJ C […], […], p. [...]. 
OJ L 281, 1.11.1975, p. 20. Regulation as last amended by Commission Regulation (EC) No 2931/95 
(OJ L 307, 20.12.1995, p. 10). 
See Annex I. 

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nomenclature and on the Common Customs Tariff9 groups ⌫ glucose, glucose syrup, 
lactose and lactose syrup within one heading and chemically pure glucose and lactose 
within another. 

(cid:208) 2730/75 Recital 2 (adapted) 

However,  glucose  falling  within  subheadings  ⌦ 1702 30 91,  1702 30 99  and 
1702 40 90  of  the  combined  nomenclature  and  lactose  falling  within  subheading 
1702 19 00  of  the  combined  nomenclature ⌫  are  listed  in  Annex  ⌦ I ⌫  to  the 
Treaty  and  are  therefore  subject  to  the  system  of  trade  with  third  countries  provided 
for  under  the  common  organisation  of  the  markets  to  which  they  belong,  while 
chemically  pure  glucose  and  lactose  not  listed  in  Annex  ⌦ I ⌫  to  the  Treaty  are 
subject  to  the  system  of  customs  duties,  the  economic  incidence  of  which  can  be 
appreciably different. 

(cid:208) 2730/75 Recital 3 (adapted) 

This situation creates difficulties which are ⌦ all ⌫ the greater in that the products 
in question, whatever their degree of purity, are derived from the same basic products. 
The  criterion  for  customs  classification  between  those  products  which  are  and  those 
which are not chemically pure is a 99% degree of purity. ⌦ In addition, ⌫ products 
with a slightly higher or slightly lower degree of purity may have the same economic 
use. Therefore, the application of different systems leads to distortions of competition 
which are all the greater because of interchangeability. 

(3) 

(4) 

(5) 

The  only  solution  to  these  difficulties  is  to ⌦ submit ⌫  the  products ⌦ to ⌫ the 
same  economic  treatment  whatever  their  degree  of  purity  or,  to  the  extent  that  this 
would appear adequate, ⌦ to harmonise ⌫ the treatment given to the two groups of 
products. 

(cid:208) 2730/75 Recital 4 (adapted) 

(cid:208) 2730/75 Recital 5 (adapted) 

(6) 

The Treaty does not specifically provide the authority needed to take such action. In 
these  circumstances  the  necessary  measures  should  be  taken  on  the  basis  of 
Article ⌦ 308 ⌫  of  the  Treaty.  ⌦ In  addition, ⌫  the  most  appropriate  measures 
are  to  extend  to  chemically  pure  glucose  the  treatment  given  to  other  glucose  under 
Council Regulation (EC) No ⌦ 1784/2003 ⌫ of ⌦ 29 September  2003 ⌫ on the 
common  organisation  of  the  market  in  cereals10,  and  to  extend  to  chemically  pure 
lactose  under  Council  Regulation 
lactose 

treatment  given 

to  other 

the 

9 

10 

OJ  L  256,  7.9.1987,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  2175/2005  (OJ  L  347, 
30.12.2005, p. 9). 
⌦ OJ  L  270,  21.10.2003,  p.  78.  Regulation  as  amended  by  Commission  Regulation  (EC) 
No.1154/2005 (OJ L 187, 19.7.2005, p. 11). ⌫  

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(EC) No ⌦ 1255/1999 ⌫  of  ⌦ 17  May  1999 ⌫  on  the  common  organisation  of 
the market in milk and milk products11, 

HAS ADOPTED THIS REGULATION: 

(cid:208) 2730/75 

(cid:208) 222/88 Art. 7 pt. 1 (adapted) 

Article 1 

The  treatment  provided  by  Regulation  (EC)  No  ⌦ 1784/2003 ⌫  and  by  the  provisions 
adopted  for  the  application  of  this  Regulation  for  glucose  and  glucose  syrup  falling  within 
subheadings 1702 30 91, 1702 30 99 and 1702 40 90 of the combined nomenclature shall be 
extended to glucose and ⌦ to ⌫ glucose syrup falling within subheadings 1702 30 51 and 
1702 30 59 of the combined nomenclature. 

(cid:208) 222/88 Art. 7 pt. 2 (adapted) 
(cid:206)1 2931/95 Art. 2, second indent 
(cid:206)2 2931/95 Art. 2, first indent 

Article 2 

The  treatment  provided  by  Regulation  (EC)  No  ⌦ 1255/1999 ⌫  and  by  the  provisions 
adopted  for  the  application  of  this  Regulation  for  lactose  and  lactose  syrup  falling  within 
subheading (cid:206)1 1702 19 00 (cid:205) of the combined nomenclature shall be extended to lactose and 
⌦ to ⌫  lactose  syrup  falling  within  subheading  (cid:206)2 1702 11 00 (cid:205)  of  the  combined 
nomenclature. 

(cid:208) 222/88 Art. 7 pt. 3 (adapted) 
(cid:206)1 2931/95 Art. 2, second indent 
(cid:206)2 2931/95 Art. 2, first indent 

Article 3 

respectively  within 

When the treatment given to glucose and glucose syrup ⌦ or to lactose and lactose syrup ⌫ 
falling 
subheadings  1702 30 91,  1702 30 99,  1702 40 90  and 
(cid:206)1 1702 19 00 (cid:205) of the combined nomenclature is amended pursuant to Article ⌦ 37 ⌫ of 
the  Treaty  or  in  accordance  with  procedures  established  for  the  application  of  that  Article, 
such  amendments  shall  extend  as  appropriate  to  glucose  and ⌦ to ⌫  glucose  syrup  or  to 

11 

⌦ OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1913/2005, (OJ L 
307, 25.11.2005, p. 2.). ⌫  

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lactose  or  ⌦ to ⌫  lactose  syrup  falling  respectively  within  subheadings  1702 30 51, 
1702 30 59 and (cid:206)2 1702 11 00 (cid:205) of the combined nomenclature, unless, in accordance with 
the same procedures, other measures are taken for the harmonising of the treatment applicable 
to these products with the treatment applicable to those already mentioned. 

(cid:208)  

Article 4 

Regulation (EEC) No 2730/75 is repealed. 

References to the repealed Regulation shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in Annex II. 

(cid:208) 2730/75 (adapted) 

Article 5 

This Regulation shall enter into force on ⌦ the twentieth day following that of its publication 
in the Official Journal of the European Union ⌫ . 

(cid:208) 2730/75 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the Council 
The President 

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(cid:207) 

ANNEX I 

Repealed Regulation with its successive amendments 

Council Regulation (EEC) No 2730/75 

(OJ L 281, 1.11.1975, p. 20) 

Commission Regulation (EEC) No 222/88 
(OJ L 28, 1.2.1988, p. 1) 

Commission Regulation (EC) No 2931/95 
(OJ L 307, 20.12.1995, p. 10) 

_____________ 

only Article 7 

only Article 2 

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ANNEX II 

CORRELATION TABLE 

Regulation (EEC) No 2730/75 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4 

_____ 

Article 5 

_____ 

_____ 

Article 1 

Article 2 

Article 3 

_____ 

Article 4 

Article 5 

Annex I 

Annex II 

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