31966R0189

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 follow the Council Decision of 12 December 1964 by Having regard to the Opinion of the European Par­ giving the products the same economic treatment liament1 ; 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.

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.

Article2¶

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.