Council Regulation (EC) No 1667/2006 of 7 November 2006 on glucose and lactose (Codified version)
Date: 2006-11-07
Institutions: Council of the European Union
Subjects: Combined Nomenclature, codification of EU law, common customs tariff, glucose, lactose, syrup

11.11.2006

EN

Official Journal of the European Union

L 312/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1667/2006

of 7 November 2006

on glucose and lactose

(Codified version)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 308 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

Whereas:

(1)

(2)

Council Regulation (EEC) No 2730/75 of 29 October
1975 on glucose and lactose (3) has been substantially
amended several times (4). In the interests of clarity and
rationality the said Regulation should be codified.

In order to avoid technical difficulties as regards customs
treatment, Council Regulation (EEC) No 2658/87 of 23
July 1987 on the tariff and statistical nomenclature and
on the Common Customs Tariff (5) groups glucose,
glucose syrup,
lactose and lactose syrup within one
heading and chemically pure glucose and lactose within
another.

(3)

However, glucose falling within subheadings 1702 30 91,
1702 30 99 and 1702 40 90 of the combined nomen-

(1) Opinion of 12 October 2006 (not yet published in the Official

Journal).

(2) Opinion of 13 September 2006 (not yet published in the Official

Journal).

(3) 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).

(4) See Annex I.
(5) OJ L 256, 7.9.1987, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 996/2006 (OJ L 179, 1.7.2006,
p. 26).

(4)

(5)

(6)

clature 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
the
trade with third countries provided for under
common organisation of
the markets to which they
belong, while chemically pure glucose and lactose not
listed in Annex I of
to the
the economic incidence of
system of customs duties,
which can be appreciably different.

the Treaty are subject

customs

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
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 appli-
cation of different systems leads to distortions of compe-
tition which are all the greater because of interchange-
ability.

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.

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 appro-
priate measures are to extend to chemically pure glucose
the treatment given to other glucose under Council Regu-
lation (EC) No 1784/2003 of 29 September 2003 on the
common organisation of the market in cereals (6), and to
extend to chemically pure lactose the treatment given to
other
lactose under Council Regulation (EC) No
1255/1999 of 17 May 1999 on the common organi-
sation of the market in milk and milk products (7),

(6) OJ L 270, 21.10.2003, p. 78. Regulation as

(EC) No 1154/2005 (OJ

amended by
L 187,

Commission Regulation
19.7.2005, p. 11).

(7) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regu-

lation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

L 312/2

EN

Official Journal of the European Union

11.11.2006

HAS ADOPTED THIS REGULATION:

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.

1702 30 91, 1702 30 99, 1702 40 90 and 1702 19 00 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 lactose or
respectively within subheadings
to lactose
1702 30 51, 1702 30 59 and 1702 11 00 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.

syrup falling

Article 2

Article 4

lactose

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

and lactose

Regulation (EEC) No 2730/75 is hereby repealed.

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

Article 3

Article 5

When the treatment given to glucose and glucose syrup or to
lactose and lactose syrup falling respectively within subheadings

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

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

Done at Brussels, 7 November 2006.

For the Council
The President

E. HEINÄLUOMA

11.11.2006

EN

Official Journal of the European Union

L 312/3

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

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