CELEX: 31966R0189
Language: en
Date: 1966-11-24 00:00:00
Title: Regulation No 189/66/EEC of the Council of 24 November 1966 on glucose and lactose

Official Journal of the European Communities.                                 275
28.11.66                       OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                     3713/66
                                  REGULATION No 189/66/EEC OF THE COUNCIL
                                                  of 24 November 1966
                                                  on glucose and lactose
THE    COUNCIL OF THE EUROPEAN ECONOMIC                         products which are and those which are not chemi­
COMMUNITY,                                                      cally pure is a 99% degree of purity; whereas pro­
                                                                ducts with a slightly higher or slightly lower degree
Having regard to the Treaty establishing the Euro­              of purity may have the same economic use; whereas,
pean Economic Community, and in particular                      therefore, the application of different systems leads
Article 235 thereof;                                            to distortions of competition which are all the greater
                                                                because of interchangeability ;
Having regard to the proposal from the Commission ;
                                                               Whereas the only solution to these difficulties is to
Having regard to the Opinion of the European Par­               follow the Council Decision of 12 December 1964 by
liament1 ;                                                      giving the products the same economic treatment
                                                                whatever their degree of purity or, to the extent that
                                                                this would appear adequate, by harmonising the
Whereas prior to the Council Decision of 12 Decem­              treatment given to the two groups of products ;
ber 1964,2 glucose, glucose syrup, lactose and lactose
syrup fell within heading No 17.02 of the Common
Customs Tariff of the European Communities, except              Whereas the. Treaty does not specifically provide the
for chemically pure glucose and lactose falling within          authority needed to take such action ; in these cir­
heading No 29.43 ;                                              cumstances the necessary measures should be taken
                                                                on the basis of Article 235 of the Treaty ; whereas
Whereas classification under two separate tariff                the most appropriate measures are to extend to chemi­
headings gave rise to technical difficulties of appli­          cally pure glucose and lactose the treatment given to
cation such that the Customs Co-operation Council               other glucose and lactose within the common organ­
decided to recommend that these products be re­                 isation of agricultural markets and to permit, in
grouped within the same tariff heading so that they             connection with amendments to the treatment given
could be given identical customs treatment; whereas             to the latter products, amendments to the treatment
these difficulties have been increased in the Com­              given to the former;
munity by the fact that glucose and lactose, hitherto
falling within tariff heading No 17.02, are listed in          Whereas if chemically pure glucose and lactose are
Annex II to the Treaty and made subject to the levy             made subject to the system of trade established re­
system, while chemically pure glucose and lactose               spectively by Council Regulation No 193 on the
remain subject to the system of customs duties, the             progressive establishment of a common organisation
economic incidence of which can be appreciably dif­             of the market in cereals, and by Council Regulation
ferent;
                                                                No 13 /64/EEC4 on the progressive establishment of
                                                                a common organisation of the market in milk and
Whereas these difficulties are the greater in that the          milk products, the provision under the Council De­
products in question, whatever their degree of purity,          cision of 14 April 19625 for levying a countervailing
are derived from the same basic products ; whereas              duty to offset price differences for primary products
the criterion for customs classification between those          serves no further purpose ;
                                                               3 OJ No 30 , 20.4.1962, p. 933/62.
1 OJ No 96, 2.6.1965 , p . 1654/65 .                           4 OJ No 34, 27.2.1964, p. 549/64.
2 OJ No 220 , 31.12.1964 , p. 3741/64.                         5 OJ No 30, 20.4.1962, p. 999/62.
 ---pagebreak--- 276                              Official Journal of the European Communities
HAS ADOPTED THIS REGULATION :                                   pursuant to Article 43 of the Treaty or in accordance
                                                                with procedures established for the application of
                       Article 1                                that Article, such amendments shall extend respect­
                                                                ively to glucose and glucose syrup or " to lactose and
1 . The treatment given to glucose and glucose                  lactose syrup whose dry weight contains not less than
syrup under Regulation No 19 and under the pro­                 99% of the pure product, unless, in accordance with
visions adopted for the application of that Regulation          the same procedures, other measures are taken for
shall be extended to glucose and glucose syrup whose            the harmonising of the treatment applicable to these
dry weight contains not less than 99% of the pure               products with the treatment applicable to those al­
product, which until 31 December 1964 fell within               ready mentioned.
sub-heading No 29.43 A and thereafter within sub­
heading No 17.02 B I of the Common Customs
Tariff.                                                                                   Article 3
2. The treatment given to lactose and lactose                   Article 1 of the Council Decision of 4 April 19621
syrup under Regulation No 13 /64/EEC and under the              establishing the list of goods to which the Council
provisions adopted for the application of that Re­              Decision of 4 April 1962 providing for a counter­
gulation shall be extended to lactose and lactose               vailing duty to be levied on certain goods processed
syrup whose dry weight contains not less than 99%               from agricultural products is applicable, shall be
of the pure product, which until 31 December 1964               amended by deleting sub-headings Nos 29.43 A glu­
fell within sub-heading No 29.43 B and thereafter               cose and 29.43 B lactose.
within sub-heading No 17.02 A I of the Common
Customs Tariff.
                       Article 2                                                          Article 4
When the treatment given to glucose and glucose                 This Regulation shall enter into force on 1 January
syrup or to lactose and lactose syrup is amended                1967.
             This Regulation shall be binding in its entirety and directly applicable in all Member States.
             Done at Brussels, 24 November 1966.
                                                                                            For the Council
                                                                                             The President
                                                                                          B. W. BIESHEUVEL
                                                                1 OJ No 30 , 20.4.1962 , p. 1000/62.