Commission Regulation (EC) No 2185/2004 of 17 December 2004 opening for the year 2005 a tariff quota applicable to the importation into the European Community of certain goods originating in Norway resulting from the processing of agricultural products covered by Council Regulation (EC) No 3448/93
Date: 2004-12-17
Institutions: European Commission
Subjects: Norway, mineral water, non-alcoholic beverage, originating product, tariff quota

L 373/10

EN

Official Journal of the European Union

21.12.2004

COMMISSION REGULATION (EC) No 2185/2004

of 17 December 2004

opening for the year 2005 a tariff quota applicable to the importation into the European
Community of certain goods originating in Norway resulting from the processing of agricultural
products covered by Council Regulation (EC) No 3448/93

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 3448/93 of 6
December 1993 laying down the trade arrangements applicable
to certain goods resulting from the processing of agricultural
products (1), and in particular, Article 7(2) thereof,

Having regard to Council Decision 2004/859/EC of 25 October
2004 concerning the conclusion of an Agreement in the form
of an Exchange of Letters between the European Community, of
the one part, and the Kingdom of Norway, of the other part, on
Protocol 2 to the bilateral Free Trade Agreement between the
European Economic Community
the Kingdom of
Norway (2), and in particular article 3 thereof,

and

Whereas:

(1)

(2)

Protocol 2 to the bilateral free trade agreement between
the European Economic Community and the Kingdom of
Norway (3), of the one hand, and Protocol 3 to the EEA
Agreement (4), determine the trade arrangements
for
certain agricultural and processed agricultural products
between the Contracting Parties.

referred

Protocol 3 to the EEA Agreement, as amended by
the EEA Joint Committee
Decision 138/2004 of
amending Protocol 3 to the EEA Agreement, concerning
in Article
products
the
to
Agreement (5) provides
for a zero duty applying to
goods classified under CN codes 2202 10 00 (waters,
including mineral waters and aerated waters, containing
added sugar or other sweetening matter or flavoured) and
ex 2202 90 10 (other non-alcoholic beverages containing
sugar (sucrose or invert sugar)).

8(3)(b)

of

The zero duty has been temporarily suspended for
Norway by the Agreement in the form of an Exchange
of Letters between the European Community, of the one
part, and the Kingdom of Norway, of the other part, on
Protocol 2 to the bilateral free trade Agreement between
the European Economic Community and the Kingdom of
Norway, approved by Council Decision 2004/859/EC.
Pursuant
that Agreement, duty free
imports of goods of the CN codes 2202 10 00 (waters,
including mineral waters and aerated waters, containing
added sugar or other sweetening matter or flavoured) and
ex 2202 90 10 (other non-alcoholic beverages containing
sugar (sucrose or invert sugar)) originating in Norway are
permitted only within the limits of a duty free quota.

to point

IV of

(4)

It is therefore necessary to open this quota for the year
2005.

(5)

(6)

In order to facilitate the set up of the quota and to
ensure an appropriate management of it, in the interest
of operators, the benefit of the exoneration of the duties
within the quota should be temporarily conditional to
the presentation to the Community customs authorities
of a certificate issued by the Norwegian authorities.

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for horizontal questions concerning trade in
processed products not listed in Annex I,

HAS ADOPTED THIS REGULATION:

Article 1

1.
For 1 January to 31 December 2005, the Community
tariff quota set out in Annex I is opened for the goods origi-
nating in Norway which are listed in that Annex under the
conditions specified therein.

(1) OJ L 318, 20.12.1993, p. 18. Regulation as last amended by Regu-

lation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).

(2) OJ L 370, 17.12.2004, p. 70.
(3) OJ L 171, 27.6.1973, p. 1.
(4) OJ L 22, 24.1.2002, p. 37.
(5) OJ L 342, 18.11.2004, p. 30.

The

rules of origin mutually applicable under

2.
this
agreement shall be as set out in Protocol 3 of the bilateral
Free Trade Agreement between the European Economic
Community and the Kingdom of Norway.

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Official Journal of the European Union

L 373/11

The benefit from the exoneration of the duties within the
3.
quota set out in Annex I shall be conditional upon the presen-
tation to the Community customs authorities of the certificate
set out in Annex II, as issued to the exporters by the Norwegian
authorities in one of the Community languages.

Article 2

The Community tariff quota referred to in article 1(1) shall be
managed by the Commission in accordance with Articles 308a,
308b and 308c of Regulation (EEC) No 2454/93.

Article 3

4.
For quantities imported above the quota or for which the
certificate referred to in paragraph 3 has not been presented, a
duty of 0,047 EUR/litre shall apply.

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

It shall be applicable from 1 January 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 December 2004.

For the Commission

Günter VERHEUGEN
Vice-President

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Official Journal of the European Union

21.12.2004

Tariff Quota applicable upon import into the Community of goods originating in Norway

ANNEX I

Order No

CN code

Product description

09.0709

2202 10 00 — Waters,
waters
containing
other
flavoured

including mineral
and aerated waters,
sugar or
sweetening matter or

added

Annual quota
volume for 2005

Rate of
duty
applicable
within the
limits of the
quota

Rate of the duty
applicable above
the quota volume

14,3 million
litres

Exempti-
on

0,047 EUR/litre

ex 2202 90 10

non-alcoholic
sugar

beverages
or

(sucrose

other
containing
invert sugar)

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Official Journal of the European Union

L 373/13

ANNEX II