14.12.2011

EN

Official Journal of the European Union

L 330/19

(1)

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 and processed agricultural products between the Contracting Parties.

(2)

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

(3)

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 concerning 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/CE. According to point IV of the Agreed Minutes of the Agreement, duty-free imports of goods of the CN codes 2202 10 00 and ex 2202 90 10 originating in Norway are to be permitted only within the limits of a duty-free tariff quota, while a duty is to be paid for imports outside the tariff quota allocation.

(4)

Pursuant to point IV, third indent, last sentence of the Agreed Minutes of the Agreement, the products in question should be granted unlimited duty-free access to the European Union if the tariff quota has not been exhausted by 31 October of the previous year. According to data provided to the Commission, the annual quota for 2011 for the waters and beverages in question opened by Commission Regulation (EU) No 1248/2010 (7) has not been exhausted on 31 October 2011. Therefore, the products in question should be granted unlimited duty-free access to the European Union from 1 January 2012 to 31 December 2012.

(5)

It is therefore necessary to withdraw the temporary suspension of the duty-free regime applied under Protocol 2.

(6)

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,