Decision of the EEA joint committee

No 140/2001

of 23 November 2001

amending Protocols 2 and 3 to the EEA Agreement, concerning processed and other agricultural products

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as "the Agreement", and in particular Article 98 thereof,

Whereas:

(1) Protocol 2 to the Agreement lists the products which are excluded from the scope of the Agreement in accordance with Article 8(3)(a) of the Agreement.

(2) Protocol 3 to the Agreement lists the processed agricultural and certain other products in accordance with Article 8(3)(b) of the Agreement.

(3) The price compensation arrangements for processed agricultural products in Protocol 3 to the Agreement, which have never entered into force, should be replaced by simpler arrangements based upon the bilateral arrangements between the Contracting Parties.

(4) The list of products in Table I of Protocol 3 to the Agreement should be amended and should include some of the products listed in Protocol 2 to the Agreement.

(5) The transitional period for Liechtenstein of non-application of Protocol 3 to the Agreement should be extended until 1 January 2005, as the specific circumstances justifying the transitional period have not changed and are unlikely to change in the foreseeable future.

(6) Protocols 2 and 3 to the Agreement should be replaced in their entirety,

HAS DECIDED AS FOLLOWS:

Article 1

Protocol 2 to the Agreement shall be replaced by Annex I to this Decision.

Article 2

Protocol 3 to the Agreement shall be replaced by Annex II to this Decision.

Article 3

This Decision shall enter into force on 1 January 2002, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee(1). In the absence of the notifications at that date, it shall enter into force on the first day of the second month following the last notification.

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Communities.

Done at Brussels, 23 November 2001.

For the EEA Joint Committee

The President

E. Bull

(1) Constitutional requirements indicated.

ANNEX I

"PROTOCOL 2

ON PRODUCTS EXCLUDED FROM THE SCOPE OF THE AGREEMENT IN ACCORDANCE WITH ARTICLE 8(3)(a)

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ANNEX II

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PROTOCOL 3

CONCERNING PRODUCTS REFERRED TO IN ARTICLE 8(3)(b) OF THE AGREEMENT

Article 1

1. The provisions of the Agreement shall apply to the products listed in Tables I and II, subject to the provisions of this Protocol.

2. The provisions of this Protocol shall not apply to Liechtenstein until 1 January 2005.

Article 2

1. The products specified in Table I shall be subject to the customs duties set out in the Annexes to that Table.

2. These customs duties shall be subject to annual calendar reviews. They may be adapted by the Joint Committee taking account of the evolution of the costs among the Contracting Parties of the basic agricultural products and/or mutual concessions.

Article 3

1. This Protocol shall not prevent each Contracting Party from applying its system of export refunds for the goods listed in Table I, taking into account the impact of the differences in prices between the world market and the markets of the Contracting Parties for the basic agricultural products.

2. Where production refunds or direct subsidies related to the basic agricultural products used in the production of the exported products are granted, the export refund shall be reduced accordingly.

Article 4

The Contracting Parties shall periodically make available to each other the levels of refunds granted in respect of the basic agricultural products for which the products listed in Table I may be eligible and related changes in the agricultural policy including institutional prices.

Article 5

1. The Contracting Parties may not levy customs duties or charges having equivalent effect on import or grant refunds upon export of the products listed in Table II.

2. The provisions of Article 4 shall apply mutatis mutandis to the products listed in Table II.

Article 6

At the request of a Contracting Party, this Protocol may be reviewed by the EEA Joint Committee. Such review may involve amendments to Tables I or II relating to the extent of the products covered and the duties applicable.

Article 7

1. The Contracting Parties shall notify the EEA Joint Committee of the detailed implementing rules adopted for the application of this Protocol.

2. Any Contracting Party may at any time request a discussion in the EEA Joint Committee on the functioning of this Protocol.

TABLE I

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ANNEX I TO TABLE I

Community Import Regime

1. The following basic amounts will be used for the calculation of the agricultural components and the additional duties:

- Cereal (common wheat, durum wheat, rye, barley and maize): 7,583 EUR/100 kg

- Long grain husked rice: 25,610 EUR/100 kg

- Whole milk powder: 126,488 EUR/100 kg

- Skimmed-milk powder: 115,236 EUR/100 kg

- Butter: 183,912 EUR/100 kg

- Sugar: 40,640 EUR/100 kg

- Molasses: 0,34 EUR/100 kg.

2. The de minimis quantity below which a duty will not be applied for starch/glucose and sucrose/invert sugar/isoglucose will be 5 %.

3. The intervals of the notional quantities and the agreed quantities of agricultural raw materials to be taken into account, as well as the standard recipes used in the calculation of the customs duties, are set out in the Appendix.

4. The customs duties for the products listed in the table below are as specified.

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5. The ad valorem part of the customs duties for the following products is 0 %:

0403 10 51 to 0403 10 59

0403 10 91 to 0403 10 99

0403 90 71 to 0403 90 79

0403 90 91 to 0403 90 99

0710 40 00

0711 90 30

1704 10

1704 90 30 to 1704 90 99

1806 10 20 to 1806 10 90

1806 20 10 to 1806 20 50

1806 20 80

1806 20 95

1806 31 00

1806 32

1806 90 11 to 1806 90 50

1806 90 60 10

1806 90 70 10

1806 90 90 11

1806 90 90 19

1901 10 00

1901 20 00

1901 90 11

1901 90 19

1901 90 99

1902 11 00

1902 19

1902 20 91

1902 20 99

1902 30

1902 40

1903 00 00

1904

1905

2001 90 30

2001 90 40

2004 10 91

2004 90 10

2005 20 10

2005 80 00

2008 99 85

2008 99 91

2101 12 98 91

2101 20 98 90

2101 30 19

2101 30 99

2105 00

2106 10 80

2106 90 98 23 to 2106 90 90 29

2106 90 98 43 to 2106 90 98 49

2202 90 91 to 2202 90 99

3302 10 29

3505 10 10

3505 10 90

3505 20

3809 10.

6. The ad valorem part of the customs duties for the following products is 5,8 %:

1806 20 70

1806 90 60 90

1806 90 70 90

1806 90 90 91

1806 90 90 99

2106 90 98 33 to 2106 90 98 39

2905 44

3824 60.

7. The ad valorem part of the customs duties for the following product is 7,8 %:

2905 43 00.

8. Tariff codes set out in this Annex refer to those applicable in the Community on 1 July 2001. The terms of this Annex will not be affected by any changes that may be made in the tariff nomenclature.

Appendix

Quantities and recipes referred to in paragraph 3

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ANNEX II TO TABLE I

Icelandic Import Regime

1.

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2. Tariff codes set out in this Annex refer to those applicable in Iceland on 1 July 2001. The terms of this Annex will not be affected by any changes that may be made in the tariff nomenclature.

3.

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4. The temporary arrangement set out in paragraph 3 shall be taken up for a review by the Contracting Parties before the end of 2007.

ANNEX III TO TABLE I

Norwegian Import Regime

1. The following reference rates (NOK/kg) of the agricultural raw materials will be used for the calculation of the duties for the processed agricultural products, except as provided for in paragraph 6:

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2. Tariff codes set out in this Annex refer to those applicable in Norway on 1 July 2001. The terms of this Annex will not be affected by any changes that may be made in the tariff nomenclature.

3. The de minimis quantity below which a duty will not be applied for flour, starch and/or glucose will be 5 %.

4. The de minimis quantity below which a duty will not be applied for the additional raw materials (meat, cheese, eggs and soft fruits (frozen raspberries, frozen blackcurrants and frozen strawberries)) will be 3 %. In calculating the duty, fresh soft fruits will be assimilated to frozen on the basis of a one-to-one conversion.

5. The intervals of the notional quantities and the agreed quantities of agricultural raw materials to be taken into account, as well as the standard recipes used in the calculation of the customs duties, are set out in the Appendix.

6.

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7. The customs duties for the products listed in the table below are as specified.

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8.

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9. The customs duty for products classified within Norwegian codes 0403.1020, 0403.1030 and 0403.9002 (products falling within heading No 0403 containing fruits, nuts and berries) will be calculated on the basis of the standard recipe plus 0,42 NOK/kg.

10. The customs duty for products classified within Norwegian codes 1901.2091 (cake mixes in containers of a net content of 2 kg or more, for the preparation of bakers' wares of heading No 1905) and 1901.2092 (doughs for the preparation of bakers' wares of heading No 1905) will be calculated on the basis of the standard recipe plus 0,37 NOK/kg.

11. The customs duty for products classified within Norwegian code 1901.2099 (mixes for the preparation of bakers' wares of heading No 1905, other than cake mixes) will be calculated subject to the matrix system plus 0,37 NOK/kg, except for products declared as free from gluten for sufferers of coeliac diseases, where the customs duty will be 0,37 NOK/kg.

12. The customs duty for products classified within Norwegian code 1901.9090 (products classified within heading No 1901, except for preparations for infant use put up for retail sale, mixes and doughs for the preparation of bakers' wares of heading No 1905, and malt extract) will be calculated subject to the matrix system plus 0,37 NOK/kg.

13. The customs duty for products classified within Norwegian codes 1902.1100 and 1902.1900 (uncooked pasta, not stuffed or otherwise prepared) will be calculated on the basis of the standard recipe plus 0,14 NOK/kg.

14. The customs duty for products classified within Norwegian code 1902.4000 (couscous) will be calculated on the basis of the standard recipe plus 0,05 NOK/kg.

15. The customs duty for products classified within Norwegian code 1903.0000 (tapioca and substitutes thereof prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms) will be calculated on the basis of the standard recipe plus 0,11 NOK/kg.

16. The customs duty for products classified within Norwegian code 1905.1000 (crispbread) will be calculated on the basis of the standard recipe plus 0,85 NOK/kg.

17. The customs duty for products classified within Norwegian code ex 2104.2000 (homogenised composite food preparations, not for infant use) will be calculated subject to the matrix system plus 1,02 NOK/kg, whilst the customs duty for products classified within Norwegian code ex 2104.2000 (homogenised composite food preparations, for infant use) will be calculated subject to the matrix system plus 0,40 NOK/kg.

18. The customs duty for products classified within Norwegian code 2105.0010 (ice cream and other edible ice containing cocoa) will be calculated on the basis of the standard recipe plus 0,37 NOK/kg.

19. The customs duty for products classified within Norwegian code 2105.0020 (ice cream containing edible fats) will be calculated on the basis of the standard recipe plus 0,94 NOK/kg.

Appendix

Quantities and recipes referred to in paragraph 5

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TABLE II

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