Commission Regulation (EC) No 2028/2005 of  13 December 2005  opening the tariff quota for the year 2006 for 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: 2005-12-13
Institutions: European Commission
Subjects: CCT duties, Norway, export licence, import, non-alcoholic beverage, originating product, tariff exemption, tariff quota

14.12.2005

EN

Official Journal of the European Union

L 327/7

COMMISSION REGULATION (EC) No 2028/2005

of 13 December 2005

opening the tariff quota for the year 2006 for 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,

Having regard to the Treaty
Community,

establishing the European

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

trade

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
and the Kingdom of Norway on Protocol 2 to the bilateral Free
Trade Agreement between the European Economic Community
and the Kingdom of Norway (2), and in particular Article 3
thereof,

Whereas:

(1)

(2)

Protocol 2 to the bilateral Free Trade Agreement between
the European Economic Community and the Kingdom of
Norway (3), and Protocol 3 to the EEA Agreement (4),
determine the trade arrangements for certain agricultural
the
and
Contracting Parties.

agricultural

processed

products

between

Protocol 3 to the EEA Agreement, as amended by
the EEA Joint Committee (5),
Decision 138/2004 of
provides for a zero duty applying to certain waters
containing added sugar or other sweetening matter or
flavoured, classified under CN code 2202 10 00 and
certain other non-alcoholic beverages containing sugar,
classified under CN code ex 2202 90 10.

(3)

The zero duty for the waters and other beverages in
question has been temporarily suspended for Norway
in the form of an Exchange of
by the Agreement

(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.

Letters between the European Community and the
Kingdom of Norway on Protocol 2 to the bilateral free
trade Agreement between the European Economic
Community and the Kingdom of Norway (6), hereinafter
referred to as ‘the Agreement’, approved by Decision
2004/859/EC. According to point
the Agreed
Minutes of the Agreement, duty free imports of goods
of the CN codes 2202 10 00 and ex 2202 90 10 origi-
nating in Norway are to be permitted only within the
limits of a duty free quota while a duty is to be paid for
imports outside the quota allocation.

IV of

the products

It is necessary to open the tariff quota for the year 2006
for the soft drinks in question. According to statistics
provided to the Commission,
the annual quota for
2005 for
in question opened by
Commission Regulation (EC) No 2185/2004 (7) has
to
been exhausted on 31 October 2005. Pursuant
Point IV of the Agreed Minutes of the Agreement the
tariff quota for 2006 should therefore be increased
by 10 %.

Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation
of Council Regulation (EEC) No 2913/92 establishing
the Community Customs Code (8),
lays down rules for
the management of tariff quotas.
It is appropriate to
provide that the tariff quota opened by this Regulation
is to be managed in accordance with those rules.

the duties within the quota

To ensure an appropriate management of the tariff quota
in the interest of operators, the benefit of the exoneration
of
should be made
temporarily conditional upon the presentation to the
Community customs authorities of a certificate issued
by the Norwegian authorities.

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

(4)

(5)

(6)

(7)

(6) OJ L 370, 17.12.2004, p. 72.
(7) OJ L 373, 21.12.2004, p. 10.
(8) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5).

L 327/8

EN

Official Journal of the European Union

14.12.2005

HAS ADOPTED THIS REGULATION:

the exporters by the Norwegian authorities in one of
Community languages.

the

Article 1

1.
For 1 January to 31 December 2006, 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.

2.
The rules of origin mutually applicable to the goods set
out in Annex I shall be as set out in Protocol 3 of the bilateral
Free Trade Agreement between the European Economic
Community and the Kingdom of Norway.

3.
The benefit from the exoneration of the duties within the
tariff quota set out in Annex I shall be made conditional upon
the presentation to the Community customs authorities of the
certificate the form of which is set out in Annex II, as issued to

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

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

This Regulation shall enter into force on the third day following
its publication in the Official Journal of the European Union.

It shall be applicable from 1 January 2006.

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

Done at Brussels, 13 December 2005.

For the Commission

Günter VERHEUGEN
Vice-President

14.12.2005

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Official Journal of the European Union

L 327/9

ANNEX I

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

Annual Quota
Volume for 2006

Rate of duty
applicable within
the limits of
the quota

Rate of the duty
applicable above
the quota volume

15,73 million litres

Exemption

0,047 EUR/litre

Order No

CN code

Product description

09.0709

2202 10 00 — Waters,

including mineral
waters and aerated waters,
containing added sugar or
other sweetening matter or
flavoured

ex 2202 90 10

other non-alcoholic beverages
containing sugar
(sucrose or
invert sugar)

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Official Journal of the European Union

14.12.2005

ANNEX II

Certificate for the duty free admission to the Community of waters classified under CN code 2202 10 00 and
ex 2202 90 10