EN Official Journal of the European Union L 23/17

COUNCIL DECISION

of 22 December 2004

concerning the conclusion and the provisional application of the Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products

(2005/45/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2) and Article 300(4) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The Council authorised the Commission to negotiate with the Swiss Confederation an Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products.

(2) By Council Decision of 20 October 2004 (1), and subject to its conclusion at a later date, the Agreement was signed on behalf of the Community on 26 October 2004.

(3) The Agreement provides for its provisional application pending its entry into force.

(4) The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The position to be taken by the Community as regards decisions or recommendations of the Joint Committee that are based on Article 7 of Protocol 2 to the Agreement shall be laid down by the Commission.

Article 3

The President of the Council shall effect the notification provided for in Article 5(1) of the Agreement on behalf of the Community (2).

Article 4

In accordance with Article 5(2) of the Agreement and pending its entry into force, the Agreement shall be applied on a provisional basis from 1 February 2005, provided that the implementation measures as defined in Article 5(4) of Protocol 2 are adopted at the same time.

Article 5

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 22 December 2004. For the Council The President C. VEERMANN

(1) Not published in the Official Journal.

(2) The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

EN Official Journal of the European Union L 23/19

AGREEMENT

between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products

THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,

of the one part, and

THE SWISS CONFEDERATION, hereinafter referred to as ‘Switzerland’,

of the other part,

hereinafter together referred to as ‘the Contracting Parties’,

HAVING REGARD to the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 and to the Joint Declaration on further negotiations attached to the Final Acts of the Agreements between the European Communities and their Member States and the Swiss Confederation, signed in Luxembourg on 21 June 1999,

CONSIDERING that Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972, hereinafter referred to as ‘the Agreement’, should be updated in accordance with the results of the Uruguay Round and be adapted as regards product coverage,

CONSIDERING that the trade flows between Switzerland and the new Member States should be maintained after enlargement of the European Union,

DESIRING to improve reciprocal market access for processed agricultural products,

HAVING REGARD to the Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Swiss Confederation, of the other part, on Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation, of 17 March 2000,

HAVE AGREED AS FOLLOWS:

Article 1

The Agreement is hereby amended as follows:

1. Annex I to the Agreement shall be replaced by the new Annex I which is attached to this Agreement as Annex 1.

2. Protocol 2 to the Agreement shall replaced by the new Protocol 2, which is attached to this Agreement as Annex 2.

Article 2

The following agreements shall be repealed with effect from the entry into force of this Agreement:

— Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Swiss Confederation, of the other part, on Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation, of 17 March 2000,

— Exchange of letters between the European Commission and the Swiss Federal Administration on arrangements designed to improve transparency in the various price compensation measures applied by the European Community and Switzerland which affect trade in processed agricultural products covered by Protocol 2, of 29 November 1988.

Article 3

The Annexes to this Agreement, including tables and appendices to the tables and the appendix to Protocol 2, shall form an integral part hereof.

Article 4

1. This Agreement shall apply, on the one hand, to the territories to which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Switzerland.

2. This Agreement shall also apply to the territory of the Principality of Liechtenstein as long as the customs union with Switzerland is maintained.

Article 5

1. This Agreement shall be approved by the Contracting Parties in accordance with their own procedures. It shall enter into force on the day following the day on which the Contracting Parties have notified each other of the completion of their internal procedures necessary to this end.

2. Pending the completion of the ratification procedures referred to in paragraph 1, the Contracting Parties shall apply this Agreement from the first day of the fourth month following the date of the signature, provided that the implementing measures as defined in Article 5(4) of Protocol 2 are adopted at the same date.

Article 6

1. This Agreement shall be drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak, Slovene, Spanish and Swedish languages, each text being equally authentic.

2. The Maltese language version shall be authenticated by the Contracting Parties on the basis of an Exchange of Letters. It shall also be authentic, in the same way as for the languages referred to in paragraph 1.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, have hereunto set their hands. Hecho en Luxemburgo, el veintiséis de octubre de dos mil cuatro. V Lucemburku dne dvacátého šestého října dva tisíce čtyři. Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire. Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendundvier. Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis. Έγινε στo Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα. Done at Luxembourg on the twenty-sixth day of October in the year two thousand and four. Fait à Luxembourg, le vingt-six octobre deux mille quatre. Fatto a Lussemburgo, addì ventisei ottobre duemilaquattro. Luksemburgā, divi tūkstoši ceturtā gada divdesmit sestajā oktobrī. Priimta du tūkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge. Kelt Luxembourgban, a kettőezer negyedik év október havának huszonhatodik napján. Magħmula fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa. Gedaan te Luxemburg, de zesentwintigste oktober tweeduizendvier. Sporządzono w Luksemburgu w dniu dwudziestym szóstym października roku dwutysięcznego czwartego. Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro. V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri. V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoč štiri. Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä. Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra. Por la Comunidad Europea Za Evropské společenství For Det Europæiske Fællesskab Für die Europäische Gemeinschaft Euroopa Ühenduse nimel Για την Eυρωπαϊκή Koινóτητα For the European Community Pour la Communauté européenne Per la Comunità europea Eiropas Kopienas vārdā Europos bendrijos vardu Az Európai Közösség részéről Għall-Komunità Ewropea Voor de Europese Gemeenschap W imieniu Wspólnoty Europejskiej Pela Comunidade Europeia Za Európske spoločenstvo Za Evropsko skupnost Euroopan yhteisön puolesta På Europeiska gemenskapens vägnar Für die Schweizerische Eidgenossenschaft Pour la Confédération suisse Per la Confederazione svizzera

ANNEX 1

‘ANNEX I List of products referred to in Article 2(i) of the Agreement HS code Description 2905 43 – – Mannitol 2905 44 – – D-glucitol (sorbitol) 3501 Casein, caseinates and other casein derivatives; casein glues: 3501 10 – Casein ex35 01 90 – Other: – Other than casein glues 3502 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: 3502 11 – – Dried 3502 19 – – Other 3502 20 – Milk albumin, including concentrates of two or more whey proteins 3505 Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches 3809 Finishing agents, dye carriers to accelerate the dyeing or fixing or dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included: 3809 10 – With a basis of amylaceous substances 3823 Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols: – Industrial monocarboxylic fatty acids; acid oils from refining: 3823 11 – – Stearic acid 3823 12 – – Oleic acid 3823 19 – – Other 3823 70 – Industrial fatty alcohols 3824 60 – Sorbitol other than that of subheading 2905 44 5301 Flax, raw or processed but not spun; flax tow and waste (including yarn waste and garnetted stock) 5302 True hemp (Cannabis sativa L.), raw or processed but not spun; tow and waste of true hemp (including yarn waste and garnetted stock)’

ANNEX 2

PROTOCOL 2

Concerning certain processed agricultural products

Article 1

General principles

1. The provisions of the Agreement shall apply to products listed in Tables I and II unless otherwise specified in this Protocol.

2. In particular, with respect to these products, the Contracting Parties may not levy customs duties on imports or charges having equivalent effect, including agricultural components, or grant export refunds or any refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect.

3. The provisions of this Protocol shall likewise apply to the Principality of Liechtenstein until the application of Protocol 3 to the Agreement on the European Economic Area to the Principality of Liechtenstein.

Article 2

Application of price compensation measures

1. In order to take account of differences in the cost of the agricultural raw materials used in the manufacture of the products specified in Table I, the Agreement does not preclude the application of price compensation measures to these products; that is the levying of agricultural components upon import and the granting of export refunds or the granting of refunds, remissions or non-payments, partial or complete of customs duties or charges having an equivalent effect.

2. If a Contracting Party applies internal measures, which reduce the price of raw materials to processing industries, these measures shall be taken into account in the calculation of the price compensation amounts.

Article 3

Price compensation measures on imports

1. Switzerland's basic amounts for the agricultural raw materials taken into consideration in calculating the agricultural components on imports shall neither exceed the difference between the Swiss domestic reference price and the Community's domestic reference price for the respective agricultural raw material nor the Swiss import duty actually applied for the agricultural raw material when imported as such.

2. The Swiss import regime for products specified in Table I is laid down in Table IV.

3. If the Swiss domestic reference price is lower than the Community's domestic reference price, the Community may introduce the price compensation measures as laid down in Article 2 that is the levying of agricultural components upon import, in accordance with Regulation (EC) No 1460/96 as subsequently amended.

Article 4

Price compensation measures on exports

1. The Swiss export refunds or refunds, remissions or non-payments, partial or complete, of customs duties or charges having an equivalent effect for exports to the Community for products listed in Table I shall not exceed the difference between the Swiss domestic reference price and the Community's domestic reference price for the agricultural raw materials used in the manufacture of these products multiplied by the quantities actually used. If the Swiss domestic reference price is equal or lower than the Community's domestic reference price, the Swiss export refund or refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect shall be zero.

2. If the Swiss domestic reference price is lower than the Community's domestic reference price, the Community may introduce the price compensation measures as laid down in Article 2 that is the granting of export refunds, in accordance with Regulation (EC) No 1520/2000 as subsequently amended, or the granting of refunds, remissions or non-payments, partial or complete of customs duties or charges having an equivalent effect.

3. For sugar (HS headings 1701, 1702 and 1703) used in the manufacture of products listed in Table I and Table II the Contracting Parties may not grant any export refunds or any refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect.

Article 5

Reference prices

1. The Community and Swiss domestic reference prices for agricultural raw materials mentioned in Articles 3 and 4 are listed in Table III.

2. The Contracting Parties shall periodically, at least once every year, provide to the Joint Committee the domestic reference prices of all raw materials for which price compensation measures are applied. The domestic reference prices, which are provided, shall reflect the actual price situation in the territory of the Contracting Party. They shall be the prices normally paid at the wholesale or the manufacturing stage by processing industries. If an agricultural raw material is available to the processing industry, or to a part of it, at a price lower than the one otherwise ruling on the domestic market, the domestic reference prices provided shall be adjusted accordingly.

3. The Joint Committee shall fix the domestic reference prices and the price differences, for agricultural raw materials listed in Table III on the basis of the information provided by the services of the European Commission and the Swiss Federal Administration. If necessary for the preservation of the relative preferential margins, the basic amounts of the agricultural raw materials listed in Table IV shall be adapted.

4. The Joint Committee shall review the domestic prices for agricultural raw materials mentioned in Articles 3 and 4 that are listed in Table III prior to the application of this Protocol.

Article 6

Special provision on administrative cooperation

Special provisions on administrative cooperation are laid down in the Appendix to this Protocol.

Article 7

Amendments

The Joint Committee may decide to amend the tables, the appendices to the tables and the Appendix attached to this Protocol.

TABLE I

Products subject to price compensation measures

HS heading Description of products 0403 Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa: .10 – Yogurt: ex .10 – – Flavoured or containing added fruit, nuts or cocoa .90 – Other: ex .90 – – Flavoured or containing added fruit, nuts or cocoa 0405 Butter and other fats and oils derived from milk; dairy spreads: .20 – Dairy spreads: ex .20 – Of a fat content, by weight, of 39 % or more but less than 75 % 1517 Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516: .10 – Margarine, excluding liquid margarine: ex .10 – – Containing more than 10 % but not more than 15 % by weight of milk fats .90 – Other: ex .90 – – Containing more than 10 % but not more than 15 % by weight of milk fats 1704 Sugar confectionery (including white chocolate), not containing cocoa: 1806 Chocolate and other food preparations containing cocoa: 1901 Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa powder or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: 1902 Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: 1904 Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included: 1905 Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: 2004 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006: .10 – Potatoes: ex .10 – – In the form of flour, meal or flakes 2005 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006: .20 – Potatoes: ex .20 – In the form of flour, meal or flakes 2008 Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: – Nuts, ground-nuts and other seeds, whether or not mixed together: .11 – – Ground-nuts: ex .11 – – – Peanut butter 2101 Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: – Extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: .12 – – Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: ex .12 – – – Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch .20 – Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté: ex .20 – Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch 2103 Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard: .20 – Tomato ketchup and other tomato sauces .90 – Other: ex .90 – – Other than mango chutney, liquid 2104 Soups and broths and preparations therefor; homogenised composite food preparations 2105 Ice cream and other edible ice, whether or not containing cocoa: 2106 Food preparations not elsewhere specified or included: .10 – Protein concentrates and textured protein substances: ex .10 – – Containing more than 1 % milk fats, 1 % other fats or more than 5 % sugars .90 – Other 2208 Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages: ex .90 – Other than undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol and other than concentrated grape juice containing added spirit 3501 Casein, caseinates and other casein derivatives; casein glues .10 – Casein .90 – Other: ex .90 – – Other than casein glues

TABLE II

Free-trade products

HS heading Description of products 0501 Human hair, unworked, whether or not washed or scoured; waste of human hair 0502 Pigs', hogs' or boars' bristles and hair; badger hair and other brush making hair; waste of such bristles or hair: 0503 Horsehair and horsehair waste, whether or not put up as a layer with or without supporting material 0505 Skins and other parts or birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers 10 – Feathers of a kind used for stuffing; down ex 90 – Other (other than for feed purposes) 0506 Bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised; powder and waste of these products 0507 Ivory, tortoiseshell, whalebone and whalebone hair, horns, antlers, hooves, nails, claws and beaks, unworked or simply prepared but not cut to shape; powder and waste of these products 0508 Coral and similar materials, unworked or simply prepared but not otherwise worked; shells of molluscs, crustaceans or echinoderms and cuttle-bone, unworked or simply prepared but not cut to shape, powder and waste thereof: ex 00 – Other (than for feed purposes) 0509 Natural sponges of animal origin: 0510 Ambergris, castoreum, civet and musk; cantharides; bile, whether or not dried; glands and other animal products used in the preparation of pharmaceutical products, fresh, chilled, frozen or otherwise provisionally preserved 0710 Vegetables, frozen: 40 – Sweet corn (Zea mays var. saccharata) 0711 Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: 90 – Other vegetables; mixtures of vegetables: ex 90 – – Sweet corn (Zea mays var. saccharata) 0901 Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion: 0902 Tea, whether or not flavoured: 0903 Maté 1212 Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included: ex 20 – Seaweeds and other algae (other than for feed purposes) 1302 Vegetables saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products: 1401 Vegetable materials of a kind used primarily for plaiting (for example bamboos, rattans, reeds, rushes, osier, raffia, cleaned, bleached or dyed cereal straw, and lime bark): 1402 Vegetable materials of a kind used primarily as stuffing or as padding (for example kapok, vegetable hair and eelgrass), whether or not put up as a layer with or without supporting material 1403 Vegetable materials of a kind used primarily in brooms or in brushes (for example broomcorn piassava, couch grass and istle), whether or not in hanks or bundles 1404 Vegetable products not elsewhere specified or included: 10 – Raw vegetable materials of a kind used primarily in dyeing and tanning 20 – Cotton linters ex 90 – Other (other than for feed purposes) 1505 Wool grease and fatty substances derived therefrom (including lanolin): ex 00 – Other (than for feed purposes) 1516 Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared: 20 – Vegetable fats and oils and their fractions: ex 20 – – Hydrogenated caster oil, so called ‘opal-wax’ 1517 Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516: 90 – Other: ex 90 – – Edible mixtures or preparations of a kind used as mould release preparations 1518 Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas otherwise chemically modified, excluding those of heading 1516; inedible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, not elsewhere specified or included: ex 00 – Linoxyn 1520 Glycerol, crude; glycerol waters and glycerol lyes 1521 Vegetable waxes (other than triglycerides), beeswax, other insect waxes and spermaceti, whether or not refined or coloured 1522 Degras; residues resulting from the treatment of fatty substances or animal or vegetable waxes 1702 Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel: 50 – Chemically pure fructose 90 – Other, including invert sugar and other sugar syrup blends containing in the dry state 50 % by weight of fructose: ex 90 – – Chemically pure maltose (other than for feed purposes) 1803 Cocoa paste, whether or not defatted: 1804 Cocoa butter, fat and oil 1805 Cocoa powder, not containing added sugar or other sweetening matter 1903 Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms 2001 Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: 90 – Other: ex 90 – – Sweet corn (Zea mays var. saccharata); palm hearts; yams, sweet potatoes and similar edible parts of plants of heading 0714 2004 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006: 90 – Other vegetables and mixtures of vegetables: ex 90 – – Sweet corn (Zea mays var. saccharata) 2005 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006: 80 – Sweet corn (Zea mays var. saccharata) 2006 Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised): ex 00 – Sweet corn (Zea mays var. saccharata) 2007 Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter: 2008 Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: – Nuts, ground-nuts and other seeds, whether or not mixed together: 11 – – Ground-nuts: ex 11 – – – Ground nuts, roasted – Other, including mixtures other than those of subheading 2008 19: 91 – – Palm Hearts 99 – – Other: ex 99 – – – Maize (corn), other than sweet corn (Zea mays var. saccharata) 2101 Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: – Extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: 11 – – Extracts, essences and concentrates: 12 – – Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: ex 12 – – – Containing no milk fats, milk proteins, sucrose, isoglucose, glucose or starch or containing by weight less than 1,5 % milk fat, 2,5 % milk proteins, 5 % sucrose or isoglucose 5 % glucose or starch 20 – Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté: ex 20 – – Containing no milk fats, milk proteins, sucrose, isoglucose, glucose or starch or containing by weight less than 1,5 % milk fat, 2,5 % milk proteins, 5 % sucrose or isoglucose, 5 % glucose or starch 30 – Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: 2102 Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading 3002); prepared baking powders: ex 10 – Active yeasts (other than bakers' yeast and other than for feeding purposes) ex 20 – Inactive yeasts; other single-cell micro-organisms, dead (other than for feed purposes) 30 – Prepared baking powders 2103 Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard: 10 – Soya sauce 30 – Mustard flour and meal and prepared mustard: ex 30 – – Mustard flour and meal other than for feed purposes; prepared mustard 90 – Other: ex 90 – – Mango chutney, liquid 2106 Food preparations not elsewhere specified or included: 10 – Protein concentrates and textured protein substances: ex 10 – – Other than containing more than 1 % milk fats, 1 % other fats or more than 5 % sugars 2201 Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter not flavoured; ice and snow 2202 Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009: 10 – Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured ex 90 – Other than fruit juice or vegetable juice diluted with water or aerated 2203 Beer made from malt: 2205 Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances: 2207 Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher; ethyl alcohol and other spirits, denatured, of any strength: 2208 Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages: 20 – Spirits obtained by distilling grape wine or grape marc: 30 – Whiskies: 40 – Rum and tafia: 50 – Gin and Geneva: 60 – Vodka: 70 – Liqueurs and cordials: 2209 Vinegar and substitutes for vinegar obtained from acetic acid:

TABLE III

EC and Swiss domestic reference prices (4)

Agricultural raw material Swiss domestic reference price CHF per 100 kg net EC domestic reference price CHF per 100 kg net Difference Swiss/EC reference price CHF per 100 kg net Common wheat 64,00 19,45 44,55 Durum wheat 43,22 28,46 14,76 Rye 58,00 15,98 42,02 Barley 32,46 11,81 20,65 Maize 38,97 18,87 20,10 Common wheat flour 105,88 27,23 78,65 Whole-milk powder 607,00 382,77 224,23 Skimmed-milk powder 481,04 295,49 185,55 Butter 922,00 336,10 (1)/455,20 466,80/585,90 (1) Sugar (HS headings 1701, 1702 and 1703) – – 0,00 Eggs (2) 250,75 186,70 64,05 Fresh potatoes 42,00 21,14 20,86 Vegetable fat (3) 360,00 147,25 212,75

TABLE IV

Swiss Import Regime

(a) The customs duty for the products listed in the Appendix to this Table is an agricultural component calculated on the basis of the net mass. The standard recipes are specified in the Appendix.

(b) For products listed in the Appendix the following basic amounts for agricultural raw materials are taken into account for the calculation of the agricultural components: Agricultural raw material Applied basic amount as from the entry into force Applied basic amount as from three years after the entry into force CHF per 100 kg net CHF per 100 kg net Common wheat 40,00 38,00 Durum wheat 13,00 12,00 Rye 37,00 36,00 Barley 18,00 18,00 Maize 18,00 18,00 Common wheat flour 70,00 67,00 Whole-milk powder 201,00 191,00 Skimmed-milk powder 167,00 158,00 Butter 466,00 466,00 Sugar (HS headings 1701, 1702 and 1703) 00,00 00,00 Eggs 36,00 36,00 Fresh potatoes 18,00 18,00 Vegetable fat 191,00 181,00

(c) The customs duty for the products listed in the table below is zero. Swiss tariff heading Comments 1901.9099 1904.9020 1905.9040 2103.2000 ex2103.9000 Other than mango chutney, liquid 2104.1000 2106.9010 2106.9024 2106.9029 2106.9030 2106.9040 2106.9099 2208.9099

(d) As from the application of this Protocol the customs duties for the products listed in the table below are reduced to zero in three equal yearly steps. Swiss tariff heading Applied duty as from the entry into force Applied duty as from one year after the entry into force Applied duty as from two years after the entry into force CHF per 100 kg gross CHF per 100 kg gross CHF per 100 kg gross 2208.9021 27,30 13,70 00,00 2208.9022 46,70 23,30 00,00

(e) The tariff headings set out in this Table refer to those applicable in Switzerland on 1 January 2002. Notwithstanding Article 12bis of the Agreement, the terms of this Table will not be affected by any changes that may be made in the tariff nomenclature.

(1) For products benefiting from the aid for butter granted under Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs.

(2) Derived from the prices for liquid birds' eggs, not in shell multiplied by factor 0,85.

(3) Prices for vegetable fats (for the baking and food industry) with 100 % fat content.

(4) The EC and Swiss domestic reference prices for agricultural raw materials mentioned in Articles 3 and 4 that are listed in Table III are based on data of 1 January 2002. They shall be reviewed by the Joint Committee prior to the application of this Protocol.