CELEX: 31975R2730
Language: en
Date: 1975-10-29 00:00:00
Title: Regulation (EEC) No 2730/75 of the Council of 29 October 1975 on glucose and lactose

No L 281 /20                          Official Journal of the European Communities                            1 . 11.75
                                 REGULATION (EEC) No 2730/75 OF THE COUNCIL
                                                    of 29 October 1975
                                                   on glucose and lactose
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         which are all the greater because of interchange­
                                                                 ability;
Having regard to the Treaty establishing the
European Economic Community, and in particular                   Whereas the only solution to these difficulties is to
Article 235 thereof;                                             follow the Council Decision of 12 December 1964
                                                                 by giving the products the same economic treatment
                                                                 whatever their degree of purity or, to the extent
Having regard to the proposal from the Commission;               that this would appear adequate, by harmonizing the
                                                                 treatment given to the two groups of products ;
Having regard to the Opinion of the European
Parliament (*);
                                                                 Whereas the Treaty does not specifically provide the
                                                                 authority needed to take such action ; whereas in
Whereas, in order to avoid technical difficulties as             these circumstances the necessary measures should
regards customs treatment, the Council Decision of               be taken on the basis of Article 235 of the Treaty ;
12 December 1964 (2) on the introduction of some                 whereas the most appropriate measures are to extend
amendments to the Common Customs Tariff,                         to chemically pure glucose the treatment given to
provided for glucose, glucose syrup, lactose and                 other glucose under Council Regulation (EEC) No
lactose syrup to fall within one heading and for                 2727/75 (3) of 29 October 1975 on the common
chemically pure glucose and lactose to fall within               organization of the market in cereals, and
another;                                                         to extend to chemically pure lactose the treatment
                                                                 given to other lactose under Council Regulation
                                                                 (EEC) No 804/68 (4) of 27 June 1968 on the common
Whereas, however, glucose and lactose falling
respectively within subheadings 17.02 B II and 17.02             organization of the market in milk and milk products,
                                                                 as last amended by Regulation (EEC) No 740/75 (5),
A II are listed in Annex II to the Treaty and are
therefore subject to the system of trade with third
countries provided for under the common
organization of the markets to which they belong,
while chemically pure glucose and lactose not listed
in Annex II to the Treaty are subject to the system              HAS ADOPTED THIS REGULATION :
of customs duties, the economic incidence of which
can be appreciably different;
Whereas this situation creates difficulties which are                                      Article 1
the greater in that the products in question, whatever
their degree of purity, are derived from the same
basic products ; whereas the criterion for customs               The treatment given to glucose and glucose syrup
classification between those products which are and              falling within subheading 17.02 B II of the Common
those which are not chemically pure is a 99% degree              Customs Tariff under Regulation (EEC) No 2727/
of purity; whereas products with a slightly higher or            75 and under the provisions adopted for the
slightly lower degree of purity may have the same                application of that Regulation shall be extended to
economic use ; whereas, therefore, the application of            glucose and glucose syrup falling within subheading
different systems leads to distortions of competition            17.02 B I of the Common Customs Tariff.
(*) Opinion delivered on 16 October 1975 (not yet                 (3) See page 1 of this Official Journal.
    published in the Official Journal).                           (4) OJ No L 148, 28, 6. 1968 , p. 13 .
(*) OJ No 220, 31 . 12. 1964, p. 3741/64.                         (6) OJ No L 74, 22. 3 . 1975, p. 1 .
 ---pagebreak--- 1 . 11.75                        Official Journal of the European Communities                          No L 281 /21
                       Article 2                            subheadings 17.02 B I and 17.02 A I of the    Common
                                                            Customs Tariff, unless, in accordance with    the same
The treatment given to lactose and lactose syrup            procedures, other measures are taken           for the
falling within subheading 17.02 A II of the Common          harmonizing of the treatment applicable       to these
Customs Tariff under Regulation (EEC) No 804/68             products with the treatment applicable        to those
and under the provisions adopted for the application        already mentioned.
of that Regulation shall be extended to lactose and
lactose syrup falling within subheading 17.02 A I of                                  Article 4
the Common Customs Tariff.
                                                            1 . Council Regulation No 189/66/EEC (x ) of 24 No­
                       Article 3                            vember 1966 on glucose and lactose, is hereby
                                                            repealed.
When the treatment given to glucose and glucose
syrup or to lactose and lactose syrup falling               2. References to the Regulation repealed by
respectively within subheadings 17.02 B II and 17.02        paragraph 1 shall be construed as references to this
A II of the Common Customs Tariff is amended                Regulation.
pursuant to Article 43 of the Treaty or in accordance
with procedures established for the application of                                    Article 5
that Article, such amendments shall extend as
appropriate to glucose and glucose syrup or to              This Regulation shall enter into force on 1 November
lactose and lactose syrup falling respectively within       1975 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
             Done at Luxembourg, 29 October 1975.
                                                                             For the Council
                                                                              The President
                                                                              G. MARCORA
                                                             (*) OJ No 218, 28. 11 . 1966, p. 3713/66.