HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 322/2
EN
Official Journal of the European Union
21.11.2012
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 1085/2012
of 20 November 2012
opening the tariff quota for the year 2013 for the importation into the European Union of certain
goods originating in Norway resulting from the processing of agricultural products covered by
Council Regulation (EC) No 1216/2009
THE EUROPEAN COMMISSION,
Kingdom of Norway concerning Protocol 2 to the
bilateral free trade Agreement between the European
Economic Community and the Kingdom of Norway ( 6 ),
Having regard to the Treaty on the Functioning of the European
hereinafter referred to as ‘the Agreement’, approved by
Union,
Council Decision 2004/859/EC ( 7 ). According to point IV
of the Agreed Minutes of the Agreement, duty free
imports of goods of the CN codes 2202 10 00 and
Having regard to Council Regulation (EC) No 1216/2009 of
ex 2202 90 10 originating in Norway are to be
30 November 2009 laying down the trade arrangements
permitted only within the limits of a duty free quota
while a duty is to be paid for imports outside the
applicable to certain goods resulting from the processing of
quota allocation.
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
(4) Commission Implementing Regulation (EU) No
of an Exchange of Letters between the European Community
1304/2011 ( 8 ) withdrew the temporary suspension of
and the Kingdom of Norway on Protocol 2 to the bilateral Free
the duty free regime for the period 1 January to
Trade Agreement between the European Economic Community
31 December 2012 for the importation into the Union
and the Kingdom of Norway ( 2 ), and in particular Article 3
of the waters and beverages in question.
thereof,
Whereas:
(5)
It is necessary to open the tariff quota for 2013 for the
waters and beverages in question. The last annual quota
for those products was opened for the year 2011 by
(1) Protocol
2
to
the
bilateral
Free
Trade
Agreement
between
Commission Regulation (EU) No 1248/2010 ( 9 ). As no
the European Economic Community and the Kingdom of
annual quota was opened for 2012, the quota volume
Norway ( 3 ), and Protocol 3 to the EEA Agreement ( 4 ),
for 2013 should remain the same as for 2011.
determine the trade arrangements for certain agricultural
and processed agricultural products between the
Contracting Parties.
(6) Commission
Regulation
(EEC)
No
2454/93
of
2
July
1993 laying down provisions for the implementation
(2) Protocol
3
to
the
EEA
Agreement,
as
amended
by
Decision No 138/2004 of the EEA Joint Committee (
of Council Regulation (EEC) No 2913/92 establishing

5 ),
provides for a zero duty applying to certain waters
the Community Customs Code ( 10 ), lays down rules for
containing added sugar or other sweetening matter or
the management of tariff quotas. It is appropriate to
flavoured, classified under CN code 2202 10 00 and
provide that the tariff quota opened by this Regulation
certain other non-alcoholic beverages containing sugar,
is to be managed in accordance with those rules.
classified under CN code ex 2202 90 10.
(3) The
zero
duty
for
the
waters
and
other
beverages
in (7) The
measures
provided
for
in
this
Regulation
are
in
question has been temporarily suspended for Norway
accordance with the opinion of the Committee on hori
by the Agreement in the form of an Exchange of
zontal questions concerning trade in processed agri
Letters between the European Community and the
cultural products not listed in Annex I,
( 1 ) OJ L 328, 15.12.2009, p. 10.
( 6 ) OJ L 370, 17.12.2004, p. 72.
( 2 ) OJ L 370, 17.12.2004, p. 70.
( 7 ) OJ L 370, 17.12.2004, p. 70.
( 3 ) OJ L 171, 27.6.1973, p. 2.
( 8 ) OJ L 330, 14.12.2011, p. 19.
( 4 ) OJ L 22, 24.1.2002, p. 37.
( 9 ) OJ L 341, 23.12.2010, p. 1.
( 5 ) OJ L 342, 18.11.2004, p. 30.
( 10 ) OJ L 253, 11.10.1993, p. 1.

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EN
21.11.2012 Official
Journal
of
the
European
Union
L
322/3
HAS ADOPTED THIS REGULATION:
Article 2
The Union tariff quota referred to in Article 1(1) shall be
Article 1
managed by the Commission in accordance with Articles
1. From
1
January
to
31
December
2013,
the
Union
tariff 308a, 308b and 308c of Regulation (EEC) No 2454/93.
quota set out in the Annex is opened for the goods originating
in Norway which are listed in that Annex under the conditions
Article 3
specified therein.
Implementing Regulation (EU) No 1304/2011 is repealed.
2. The
rules
of
origin
mutually
applicable
to
the
goods
set
out in the Annex shall be as set out in Protocol 3 of the
Article 4
bilateral Free Trade Agreement between the European
This Regulation shall enter into force on the third day following
Economic Community and the Kingdom of Norway.
that of its publication in the Official Journal of the European
Union.
3. For quantities imported above the quota volume, a prefer
ential duty of 0,047 EUR/litre shall apply.
It shall apply from 1 January 2013.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 November 2012.
For the Commission
The President
José Manuel BARROSO
ANNEX
Tariff Quota for 2013 applicable upon import into the European Union of goods originating in Norway
Rate of duty
Rate of the duty
Order No CN
code Product
description
Annual Quota
applicable within
Volume for 2011
the limits of the
applicable above
quota
the quota volume
09.0709 2202
10
00 –
Waters, including mineral 17,303 million Exemption 0,047
EUR/litre
waters and aerated waters, litres
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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