Commission Regulation (EC) No 89/2009 of 28 January 2009 opening the tariff quota for the year 2009 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: 2009-01-28
Institutions: European Commission
Subjects: Norway, disclosure of information, flavouring, import, non-alcoholic beverage, originating product, tariff quota

L 25/14

EN

Official Journal of the European Union

29.1.2009

COMMISSION REGULATION (EC) No 89/2009

of 28 January 2009

opening the tariff quota for the year 2009 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
6 December 1993 laying down the
arrangements
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:

Protocol 2 to the bilateral Free Trade Agreement between
the European Economic Community and the Kingdom of
Norway (3), and Protocol No 3 to the EEA Agreement (4),
determine the trade arrangements for certain agricultural
and
the
contracting parties.

agricultural

processed

products

between

Protocol 3 to the EEA Agreement, as amended by
Decision No 138/2004 of the EEA Joint Committee (5),
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.

(1)

(2)

(3)

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 orig­
inating 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

Commission Regulation (EC) No 93/2008 (7) withdrew
the temporary suspension of the duty-free regime for
the period 1 January to 31 December 2008 for the im­
portation into the Community of certain goods of the
CN codes 2202 10 00 and ex 2202 90 10 originating in
Norway.

It is necessary to open the tariff quota for the year 2009
for the soft drinks in question. The last annual quota for
2007 for
the products in question was opened by
Commission Regulation (EC) No 1795/2006 (8). No
annual quota was opened for 2008. The quota volume
for 2009 should therefore remain the same as for 2007.

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 (9),
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 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,

(4)

(5)

(6)

(7)

HAS ADOPTED THIS REGULATION:

The zero duty for the waters and other beverages in
question has been temporarily suspended for Norway
by the Agreement
in the form of an Exchange of
Letters between the European Community and the
Kingdom of Norway on Protocol No 2 to the bilateral
Free Trade Agreement between the European Economic

Article 1

1.
From 1 January to 31 December 2009, the Community
tariff quota set out in the Annex is opened for the goods
originating in Norway which are listed in that Annex under
the conditions specified therein.

(1) OJ L 318, 20.12.1993, p. 18.
(2) OJ L 370, 17.12.2004, p. 70.
(3) OJ L 171, 27.6.1973, p. 2.
(4) OJ L 22, 24.1.2002, p. 34.
(5) OJ L 342, 18.11.2004, p. 30.

(6) OJ L 370, 17.12.2004, p. 72.
(7) OJ L 28, 1.2.2008, p. 12.
(8) OJ L 341, 7.12.2006, p. 17.
(9) OJ L 253, 11.10.1993, p. 1.

29.1.2009

EN

Official Journal of the European Union

L 25/15

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

3.

For quantities imported above the quota volume, a preferential duty of 0,047 EUR/liter 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.

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

Article 3

It shall apply from 1 January 2009.

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

Done at Brussels, 28 January 2009.

For the Commission

Günter VERHEUGEN
Vice-President

ANNEX

Tariff quota for 2009 applicable upon import into the Community of goods originating in Norway

Order No

CN code

Product description

Annual quota volume
for 2009

Rate of duty
applicable
within the
limits of the
quota

Rate of the duty
applicable above the
quota volume

17,303 million litres

Exemption

0,047 EUR/litre

09.0709

2202 10 00

ex 2202 90 10

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

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