Proposal for a Council Regulation on the common system of trade for ovalbumin and lactalbumin (Codified version)
Date: 2008-07-29
Institutions: European Commission
Subjects: animal protein, codification of EU law, common organisation of markets, egg, milk protein

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.7.2008 
COM(2008) 488 final 

2008/0155 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the common system of trade for ovalbumin and lactalbumin 

(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. 

this  proposal 

codification  of 
is 
The  purpose  of 
Regulation (EEC) No 2783/75  of  the  Council  of  29  October  1975  on  the  common 
system of trade for ovalbumin and lactalbumin3. 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. 

to  undertake 

a 

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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2 
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 2783/75  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) 2783/75 (adapted) 

2008/0155 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the common system of trade for ovalbumin and lactalbumin 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 
⌦ 26 ⌫, ⌦ 87 ⌫ to ⌦ 89 ⌫, ⌦ 132 ⌫ and following, and ⌦ 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) 

Regulation  (EEC)  No  2783/75  of  the  Council  of  29  October  1975  on  the  common 
system  of  trade  for  ovalbumin  and  lactalbumin7  has  been  substantially  amended 
several times8. In the interests of clarity and rationality the said Regulation should be 
codified. 

(cid:208)  

(2) 

Ovalbumin,  which  is  not  included  in  Annex ⌦ I ⌫  to  the  Treaty,  is  not  subject  to 
application of the agricultural provisions of the Treaty, while egg yolk is. 

(cid:208) 2783/75 Recital 1 (adapted) 

5 
6 
7 

8 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 282, 1.11.1975, p. 104. Regulation as last amended by Commission Regulation (EC) No 2916/95 
(OJ L 305, 19.12.1995, p. 49). 
See Annex I. 

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(3) 

A situation arises therefrom which may adversely affect the efficiency of the common 
agricultural policy in the egg sector. 

(cid:208) 2783/75 Recital 2 

(4) 

In order to reach a balanced solution, a common system of trade should be established 
for ovalbumin corresponding to that established for eggs. It is necessary to extend the 
application  of  this  system  to  lactalbumin  in  view  of  the  fact  that  the  latter  can  to  a 
large extent be substituted for ovalbumin. 

(cid:208) 2783/75 Recital 3 

(5) 

(EC)  No ⌦ 1234/2007 ⌫  of  ⌦ of 
In  pursuance  of  Council  Regulation 
22 October 2007  establishing  a  common  organisation  of  agricultural  markets  and  on 
specific  provisions  for  certain  agricultural  products  (Single  CMO  Regulation)9 ⌫,  a 
single market system for eggs has been ⌦ established ⌫ in the Community . 

(cid:208) 2783/75 Recital 4 (adapted) 

(6) 

The system of trade applicable to albumins should follow the system in force for eggs 
in view of the dependence of the former products on the latter. 

(cid:208) 2783/75 Recital 5 

(7) 

Under  the  Uruguay  Round  of  multilateral  trade  negotiations,  the  Community  has 
negotiated  various  agreements.  Several  of  those  agreements  concern  agriculture,  in 
particular the Agreement on Agriculture⌦ 10 ⌫ . 

(cid:208) 3290/94 Recital 2 (adapted) 

(8) 

The Agreement ⌦ on Agriculture ⌫ requires the abolition of variable import levies 
and of the other measures and import charges. The rates of customs duty applicable to 
agricultural products in accordance with the Agreement ⌦ on Agriculture ⌫ are to 
be fixed in the Common Customs Tariff. 

(cid:208) 3290/94 Recital 3 (adapted) 

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10 

OJ  L  299,  16.11.2007,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  248/2008  (OJ  L  76, 
19.3.2008, p. 6). 
OJ L 336, 23.12.1994, p. 22. 

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(cid:208) 2783/75 Recitals 6 and 8 
(adapted) 
(cid:206)1 3290/94 Recital 4 (adapted) 

(9) 

Ovalbumin prices normally follow egg prices, which are different in the Community 
and on the world market. The price of eggs is not the only factor other than processing 
costs  affecting  the  price  of  albumin  on  the  world  market.  (cid:206)1 In  order  to  maintain  a 
minimum  level  of  protection  against  the  adverse  effects  on  the  market  as  a  result  of 
tarification, the Agreement ⌦ on Agriculture ⌫ permits the application of additional 
customs  duties  under  precisely  defined  conditions  but  only  to  products  subject  to 
tarification.  

(cid:208) 3290/94 Recital 5 (adapted) 

(10)  The  Agreement  ⌦ on  Agriculture ⌫  provides  for  a  series  of  tariff  quotas  under 
arrangements  for  current  and  minimum  access.  The  conditions  applicable  to  such 
quotas are spelled out in detail in the Agreement ⌦ on Agriculture ⌫. In view of the 
large number of quotas and in order to ensure that they are implemented as effectively 
as  possible,  the  Commission  should  be  responsible  for  opening  and  administering 
them using the management committee procedure. 

(cid:208) 2783/75 Recital 9 (adapted) 

(11)  By  reason  of  the  close  economic  relationship  existing  between  the  various  egg 
products,  it  is  necessary  to  provide  for  the  possible  adoption,  for  ovalbumin  and 
lactalbumin,  of  marketing  standards  which  correspond  as  far  as  possible  with  the 
marketing standards laid down for the products referred to in Article 1(1) ⌦ (s) ⌫ of 
Regulation (EC) No ⌦ 1234/2007 ⌫ . 

(cid:208) 3290/94 Recital 12 (adapted) 

(12) 

In the common organisation of the market ⌦ in eggs ⌫, the exclusion from recourse 
to  the  arrangements  for  inward  processing  traffic  falls  exclusively  within  the 
competence of the Council. In the economic conditions arising under the Agreement 
⌦ on  Agriculture ⌫,  it  could  prove  necessary  to  react  rapidly  to  market  problems 
arising  from  the  application  of  the  said  arrangements.  In  that  regard  competence 
should be conferred on the Commission to adopt urgent measures which are limited in 
time,  

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HAS ADOPTED THIS REGULATION: 

(cid:208) 2783/75 

(cid:208) 2783/75 (adapted) 

⌦ CHAPTER I ⌫ 

⌦ Scope ⌫ 

(cid:208) 2916/95 Art.1 pt. 6 

Article 1 

Unless this Regulation provides otherwise, the rates of duty in the Common Customs Tariff 
shall apply to the following products: 

CN code 

3502 

(cid:208) 2916/95 Art. 1 pt. 6 (adapted) 

Description 

Albumins (including concentrates of two or more whey proteins, 
containing by weight more than 80 % whey proteins, calculated on the dry 
matter), albuminates and other albumin derivatives: 

–  Egg albumin:  

ex 

3502 11 

– –   Dried: 

  ⌦ 3502 11 
10 ⌫ 

– – –  ⌦ Unfit, or to be rendered unfit, for human consumption ⌫ 

3502 11 90 

– – –  Other  

ex 

3502 19 

– –   Other: 

  ⌦ 3502 19 
10 ⌫ 

– – –  ⌦ Unfit, or to be rendered unfit, for human consumption ⌫ 

3502 19 90 

– – –   Other  

ex  3502 20 

– 

Milk albumin, including concentrates of two or more whey 
proteins: 

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  ⌦ 3502 20 
10 ⌫ 

– –  ⌦ Unfit, or to be rendered unfit, for human consumption ⌫ 

– – 

Other  

3502 20 91 

– – –   Dried (for example, in sheets, scales, flakes, powder) 

3502 20 99 

– – –   Other 

(cid:208) 3290/94 Art. 2 and Annex XII, 
Part B, pt. 2 (adapted) 

⌦ CHAPTER II ⌫ 

⌦ Trade with third countries ⌫ 

(cid:208) 3290/94 Art. 2 and Annex XII, 
Part B, pt. 2 
(cid:206)1 Corrigendum 3290/94 
(OJ L 196, 24.7.1997, p. 82) 

1.  Imports  into  the  Community,  of  any  of  the  products  listed  in  Article  1  (cid:206)1 may  be 
subject  to presentation of an import licence. 

Article 2 

(cid:208) 3290/94 Art. 2 and Annex XII, 
B, pt. 2 (adapted) 

⌦ 2. Import ⌫ licences shall be issued by the Member States to any applicant, irrespective 
of his place of establishment in the Community and without prejudice to measures taken for 
the application of Article 4. 

⌦ 3. ⌫  Import  licences  shall  be  valid  throughout  the  Community.  Such  licences  shall  be 
issued subject to the lodging of a security guaranteeing that the products are imported during 
the  term  of  validity  of  the  licence;  except  in  cases  of  force  majeure,  the  security  shall  be 
forfeited in whole or in part if import is not carried out, or is only carried out partially, within 
that period. 

⌦ 4. ⌫  The  term  of  validity  of  ⌦ import ⌫  licences  and  other  detailed  rules  for  the 
application  of  ⌦ paragraph  1 ⌫  shall  be  adopted  in  accordance  with  the  procedure 
⌦ referred to ⌫ in Article ⌦ 195(2) ⌫ of Regulation (EC) No ⌦ 1234/2007 ⌫ . 

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(cid:208) 3290/94 Art. 2 and Annex XII, 
Part B, pt. 3 (adapted) 

Article 3 

1.  In  order  to  prevent  or  counteract  adverse  effects  on  the  market  in  the  Community  which 
may result from imports of certain products listed in Article 1, imports of one or more of such 
products  at  the  rate  of  duty  laid  down  in  Article  10  shall  be  subject  to  payment  of  an 
additional import duty if the conditions set out in Article 5 of the Agreement on Agriculture 
have been fulfilled unless the imports are unlikely to disturb the Community market, or where 
the effects would be disproportionate to the intended objective. 

(cid:208) 3290/94 Art. 2 and Annex XII, 
Part B, pt. 3 

2. The trigger prices below which an additional duty may be imposed shall be those notified 
by the Community to the World Trade Organization. 

The trigger volumes to be exceeded in order to have the additional import duty imposed shall 
be  determined  particularly  on  the  basis  of  imports  into  the  Community  in  the  three  years 
preceding the year in which the adverse effects referred to in paragraph 1 arise or are likely to 
arise. 

3.  The  import  prices  to  be  taken  into  consideration  for  imposing  an  additional  import  duty 
shall  be  determined  on  the  basis  of  the  cif  import  prices  of  the  consignment  under 
consideration. 

Cif import prices shall be checked to that end against the representative prices for the product 
on the world market or on the Community import market for that product. 

4.  The  Commission  shall  adopt  detailed  rules  for  the  application  of ⌦ paragraphs  1,  2  and 
3 ⌫  in  accordance  with  the  procedure  ⌦ referred  to ⌫  in  Article ⌦ 195(2) ⌫  of 
Regulation (EC) No ⌦ 1234/2007 ⌫ . Such detailed rules shall specify in particular: 

(cid:208) 3290/94 Art. 2 and Annex XII, 
Part B, pt. 3 (adapted) 

(cid:208) 3290/94 Art. 2 and Annex XII, 
Part B, pt. 3 

(a) 

(b) 

the  products  to  which  additional  import  duties  shall  be  applied  under  the  terms  of 
Article 5 of the Agreement on Agriculture; 

the other criteria necessary to ensure application of paragraph 1 in accordance with 
Article 5 of the Agreement on Agriculture. 

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(cid:208) 3290/94 Art. 2 and Annex XII, 
Part B, pt. 4 (adapted) 

Article 4 

1. Tariff quotas for the products listed in Article 1 resulting from agreements concluded in the 
framework  of  the  Uruguay  Round  of  multilateral  trade  negotiations  shall  be  opened  and 
administered in accordance with detailed rules adopted under the procedure ⌦ referred to ⌫ 
in Article ⌦ 195(2) ⌫ of Regulation (EC) No ⌦ 1234/2007 ⌫ . 

2. Quotas shall be administered by applying one of the following methods or a combination of 
them: 

(cid:208) 3290/94 Art. 2 and Annex XII, 
Part B, pt. 4 

(cid:208) 3290/94 Art. 2 and Annex XII, 
Part B, pt. 4 (adapted) 

⌦ (a) ⌫ 

method based on chronological order of the lodging of applications (first come, 

first served principle); 

⌦ (b) ⌫ 

method  of  distribution  in  proportion  to  the  quantities  requested  when  the 

applications were lodged (using the simultaneous examination method); 

⌦ (c) ⌫ 

method  based  on  taking  traditional  trade  patterns  into  account  (using  the 

traditional/new arrivals method). 

Other appropriate methods may be adopted. 

They must avoid any discrimination between the operators concerned. 

(cid:208) 3290/94 Art. 2 and Annex XII, 
Part B, pt. 4 

(cid:208) 3290/94 Art. 2 and Annex XII, 
Part B, pt. 4 (adapted) 

3. Compliance with the limits on volumes arising from agreements concluded in accordance 
with Article ⌦ 300 ⌫ of the Treaty shall be ensured on the basis of the export certificates 
issued for the reference periods provided for therein and applicable to the products concerned. 
With regard to compliance with the obligations arising under the Agreement on Agriculture, 
the ending of a reference period shall not affect the validity of export licences. 

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(cid:208) 3290/94 Art. 2 and Annex XII, 
Part B, pt. 4 

4.  The  detailed  rules  referred  to  in  paragraph  1  shall  provide  for  annual  quotas,  suitably 
phased over the year, if necessary to be opened and, where appropriate, for: 

(a) 

(b) 

(c) 

guarantees covering the nature, provenance and origin of the product; 

recognition of the document used for verifying the guarantees referred to in (a); and 

the conditions under which import licences are issued and their term of validity. 

(cid:208) 3290/94 Art. 2 and Annex XII, 
Part B, pt. 5 

Article 5 

Where prices on the Community market rise significantly and where that situation is likely to 
continue, thereby disturbing or threatening to disturb that market, appropriate measures may 
be taken. 

The Council, acting in accordance with the procedure laid down in Article ⌦ 37(2) ⌫ of the 
Treaty,  shall,  if  necessary,  adopt  detailed  rules  for  the  application  of ⌦ the  first  paragraph 
of ⌫ this Article. 

(cid:208) 3290/94 Art. 2 and Annex XII, 
Part B, pt. 5 (adapted) 

(cid:208) 2783/75 (adapted) 

Article 6 

For the products listed in Article 1, marketing standards may be adopted which, subject to the 
need  to  take  into  account  the  characteristics  of  those  products,  shall  correspond  to  the 
marketing 
(EC) 
No ⌦ 1234/2007 ⌫  for  the  products  listed  in  ⌦ Part  XIX  of  Annex  I ⌫  of  that 
Regulation. In particular the standards may relate to grading by quality, packaging, storage, 
transport, presentation and marking. 

in  Article  ⌦ 116 ⌫  of  Regulation 

standards  provided 

for 

The standards, their scope and the general rules for their application shall be adopted by the 
Council acting by a qualified majority on a proposal from the Commission. 

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(cid:208) 3290/94 Art. 2 and Annex XII, 
Part B, pt. 6 (adapted) 

Article 7 

1. To the extent necessary for the proper working of the common organisation of the market 
in eggs and this Regulation, the Council, acting in accordance with the voting procedure laid 
down  in  Article  ⌦ 37(2) ⌫  of  the  Treaty  on  a  proposal  from  the  Commission,  may,  in 
special  cases,  prohibit  in  whole  or  in  part  the  use  of  inward  processing  arrangements  in 
respect  of  products  listed  in  Article  1  ⌦ of  this  Regulation ⌫  which  are  intended  for  the 
manufacture of products listed in that Article. 

(cid:208) 3290/94 Art. 2 and Annex XII, 
Part B, pt. 6 

2.  In  derogation  from  paragraph  1,  if  the  situation  referred  to  in  paragraph  1  arises  with 
exceptional urgency and the Community market is disturbed or is liable to be disturbed by the 
inward processing arrangements, the Commission shall, at the request of a Member State or 
on its own initiative, decide upon the necessary measures; the Council and the Member States 
shall be notified of such measures, which shall be valid for no more than six months and shall 
be  immediately  applicable.  If  the  Commission  receives  a  request  from  a  Member  State,  it 
shall take a decision thereon within a week following receipt of the request. 

3. Measures decided on by the Commission may be referred to the Council by any Member 
State within a week of the day on which they were notified. The Council, acting by a qualified 
majority,  may  confirm,  amend  or  repeal  the  Commission  decision.  If  the  Council  has  not 
acted within three months, the Commission decision shall be deemed to have been repealed. 

(cid:208) 3290/94 Art. 2 and Annex XII, 
Part B, pt. 7 

Article 8 

1. The general rules for the interpretation of the combined nomenclature and the special rules 
for its application shall apply to the classification of products covered by this Regulation; the 
tariff nomenclature resulting from the application of this Regulation shall be incorporated in 
the Common Customs Tariff. 

2. Save as otherwise provided for in this Regulation or in provisions adopted pursuant thereto, 
the following shall be prohibited in trade with third countries: 

⌦ (a) ⌫ 

the levying of any charge having equivalent effect to a customs duty; 

(cid:208) 3290/94 Art. 2 and Annex XII, 
Part B, pt. 7 (adapted) 

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⌦ (b) ⌫ 

the  application  of  any  quantitative  restriction  or  measure  having  equivalent 

effect. 

(cid:208) 2783/75 (adapted) 

⌦ CHAPTER III ⌫ 

⌦ General provisions ⌫ 

Article 9 

Products  specified in Article  1  which are manufactured  or  obtained from products  to  which 
Articles ⌦ 23(2) ⌫ and ⌦ 24 ⌫ of the Treaty do not apply shall not be admitted to free 
circulation within the Community. 

Article 10 

Member  States  and  the  Commission  shall  communicate  to  each  other  the  information 
necessary for implementing this Regulation. Rules for the communication and distribution of 
such  information  shall  be  adopted  in  accordance  with  the  procedure  ⌦ referred  to ⌫  in 
Article ⌦ 195(2) ⌫ of Regulation (EC) No ⌦ 1234/2007 ⌫ . 

(cid:208)  

Article 11 

Regulation (EEC) No 2783/75 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. 

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

Article 12 

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

(cid:208) 2783/75 

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Done at Brussels, […] 

For the Council 
The President 
[…] 

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(cid:207) 

ANNEX I 

Repealed Regulation with list of its successive amendments 

Regulation (EEC) of the Council No 2783/75 
(OJ L 282, 1.11.1975, p. 104) 

Commission Regulation (EEC) No 4001/87   
(OJ L 377, 31.12.1987, p. 44) 

Council Regulation (EC) No 3290/94  
(OJ L 349, 31.12.1994, p. 105) 

only Part B of Annex XII 

Commission Regulation (EC) No 2916/95 
(OJ L 305, 19.12.1995, p. 49) 

only point 6 of Article 1  

_____________ 

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ANNEX II 

CORRELATION TABLE 

Regulation (EEC) No 2783/75 

This Regulation 

Article 1 

Article 2(1) first subparagraph 

Article 2(1) second subparagraph 

Article 2(1) third subparagraph 

Article 2(2) 

Article 3 

Article 4(1) 

Article 1 

Article 2(1) 

Article 2(2) 

Article 2(3) 

Article 2(4) 

Article 3 

Article 4(1) 

Article 4(2) introductory words 

Article 4(2) introductory words 

Article 4(2) first, second and third indents 

Article 4(2) points (a), (b) and (c) 

Article 4(3) and (4) 

Article 4(3) and (4) 

Articles 5 to 7 

Article 8(1) 

Articles 5 to 7 

Article 8(1) 

Article 8(2) introductory words 

Article 8(2) introductory words 

Article 8(2) first and second indents  

Article 8(2) points (a) and (b) 

Articles 9 and 10 

Articles 9 and 10 

Article 11 

Article 12 

- 

- 

Annex 

_ 

_ 

_ 

_ 

Article 11 

Article 12 

_ 

Annex I 

Annex II 

___________________ 

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