Introductory text

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products^f1, 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 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^f2, 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^f3, and Protocol 3 to the EEA Agreement^f4, determine the trade arrangements for certain agricultural and processed agricultural products between the Contracting Parties.

Protocol 3 to the EEA Agreement, as amended by Decision 138/2004 of the EEA Joint Committee^f5, 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.

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 2 to the bilateral free trade Agreement between the European Economic Community and the Kingdom of Norway^f6, hereinafter referred to as ‘the Agreement’, approved by Decision 2004/859/EC. 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 quota while a duty is to be paid for imports outside the quota allocation.

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 the products in question opened by Commission Regulation (EC) No 2185/2004^f7 has been exhausted on 31 October 2005. Pursuant to 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^f8, 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.

To ensure an appropriate management of the tariff quota in the interest of operators, the benefit of the exoneration of the duties within the quota 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,

HAS ADOPTED THIS REGULATION: