HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 333/68
EN
Official Journal of the European Union
12.12.2013
COMMISSION IMPLEMENTING REGULATION (EU) No 1322/2013
of 11 December 2013
on the granting of unlimited duty-free access to the Union for 2014 to certain goods originating in
Norway resulting from the processing of agricultural products covered by Council Regulation (EC)
No 1216/2009
THE EUROPEAN COMMISSION,
(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
Having regard to the Treaty on the Functioning of the European
Kingdom of Norway concerning Protocol 2 to the
Union,
bilateral Free Trade Agreement between the European
Economic Community and the Kingdom of Norway ( 6 )
(hereinafter referred to as ‘the Agreement in the form of
Having regard to Council Regulation (EC) No 1216/2009 of
an Exchange of Letters’) approved by Decision
30 November 2009 laying down the trade arrangements
2004/859/EC. According to the Agreement in the form
applicable to certain goods resulting from the processing of
of an Exchange of Letters, duty free imports of goods of
agricultural products (
the CN codes 2202 10 00 and ex 2202 90 10 orig

1 ), and in particular Article 7(2) thereof,
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.
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
(4) Furthermore,
the
Agreement
in
the
form
of
an
Exchange
Trade Agreement between the European Economic Community
of Letters requires that the products in question be
and the Kingdom of Norway ( 2 ), and in particular Article 3
granted unlimited duty-free access to the Union if the
thereof,
tariff quota has not been exhausted by 31 October of
the previous year. According to data provided to the
Commission, the annual quota for 2013 for the waters
and beverages in question opened by Commission Imple
Whereas:
menting Regulation (EU) No 1085/2012 ( 7 ) had not been
exhausted by 31 October 2013. Therefore, the products
in question should be granted unlimited duty free access
(1)
Protocol No 2 to the Agreement between the European
to the Union from 1 January to 31 December 2014.
Economic Community and the Kingdom of Norway ( 3 ),
of 14 May 1973 and Protocol 3 to the EEA Agreement,
as amended by Decisions of the EEA Joint Committee No
140/2001 (
(5) It
is
therefore
necessary
not
to
apply
for
2014
the

4 ) and No 138/2004 ( 5 ) (hereinafter referred
temporary suspension of the duty free regime applied
to as ‘Protocol 3 to the EEA Agreement’) determine the
under Protocol No 2 to the Agreement between the
trade arrangements for certain agricultural and processed
European Economic Community and the Kingdom of
agricultural products between the Contracting Parties.
Norway of 14 May 1973.
(2) Protocol
3
to
the
EEA
Agreement
provides
for
a
zero
duty applying to waters containing added sugar or other
(6) For
reasons
of
legal
certainty,
it
is
appropriate
to
repeal
sweetening matter or flavoured, classified under CN code
provisions of Union law which no longer produce legal
2202 10 00, and other non-alcoholic beverages
effects with regard to present or future situations. Imple
containing sugar or other sweetening matter or
menting Regulation (EU) No 1085/2012 should therefore
flavoured but not containing products of headings
be repealed.
0401 to 0404 or fat obtained from products of
headings 0401 to 0404, classified under CN code
2202 90 10.
(7) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Committee on hori
( 1 ) OJ L 328, 15.12.2009, p. 10.
zontal questions concerning trade in processed agri
( 2 ) OJ L 370, 17.12.2004, p. 70.
cultural products not listed in Annex I,
( 3 ) OJ L 171, 27.6.1973, p. 2.
( 4 ) Decision of the EEA Joint Committee No 140/2001 of 23 November
2001 amending Protocols 2 and 3 to the EEA Agreement,
( 6 ) OJ L 370, 17.12.2004, p. 72.
concerning processed and other agricultural products (OJ L 22,
( 7 ) Commission Implementing Regulation (EU) No 1085/2012 of
24.1.2002, p. 34).
20 November 2012 opening the tariff quota for the year 2013
( 5 ) Decision of the EEA Joint Committee No 138/2004 of 29 October
for the importation into the European Union of certain goods orig
2004 amending Protocol 3 to the EEA Agreement, concerning
inating in Norway resulting from the processing of agricultural
products referred to in Article 8(3)(b) of the Agreement (OJ
products covered by Council Regulation (EC) No 1216/2009 (OJ
L 342, 18.11.2004, p. 30).
L 322, 21.11.2012, p. 2).

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EN
12.12.2013 Official
Journal
of
the
European
Union L
333/69
HAS ADOPTED THIS REGULATION:
Agreement between the European Economic Community and
the Kingdom of Norway of 14 May 1973.
Article 1
Article 2
1. From
1
January
to
31
December
2014,
the
goods
clas
sified under CN codes 2202 10 00 (waters, including mineral
Implementing Regulation (EU) No 1085/2012 is repealed.
waters and aerated waters, containing added sugar or other
sweetening matter or flavoured) and ex 2202 90 10 (other
Article 3
non-alcoholic beverages containing sugar (sucrose or invert
sugar)) originating in Norway shall be granted unlimited duty
This Regulation shall enter into force on the third day following
free access to the Union.
that of its publication in the Official Journal of the European
Union.
2. The rules of origin applicable to the goods referred to in
paragraph 1 shall be those set out in Protocol No 3 of the
It shall apply from 1 January 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 December 2013.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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