THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009, and in particular Article 16(1)(a) 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, and in particular Article 3 thereof,
Whereas:
(1)
Protocol 2 to the Agreement between the European Economic Community and the Kingdom of Norway of 14 May 1973 (‘the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway’) and Protocol 3 to the EEA Agreement determine the trade arrangements for certain agricultural and processed agricultural products between the Contracting Parties.
(2)
Protocol 3 to the EEA Agreement provides for a zero rate of duty for waters containing added sugar or other sweetening matter or flavoured, classified under CN code 2202 10 00, and other non-alcoholic beverages, not containing products of headings 0401 to 0404 or fat obtained from products of headings 0401 to 0404, classified under CN codes 2202 91 00 and 2202 99.
(3)
The zero rate of duty for those waters and those other beverages has temporarily, for an unlimited period of time, been 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 (hereinafter referred to as ‘the Agreement in the form of an Exchange of Letters’) approved by Decision 2004/859/EC. In accordance with the Agreement in the form of an Exchange of Letters, duty-free imports of goods with CN codes 2202 10 00, ex 2202 91 00 and ex 2202 99 that originate in Norway are to be allowed only within the limits of a duty-free quota. A duty is to be paid for imports that exceed the quota allocation.
(4)
Commission Implementing Regulation (EU) 2015/2063 provided that the duty regime laid down in the Agreement in the form of an Exchange of Letter was not to apply to imports into the Union from 1 January to 31 December 2016, thus granting those goods concerned unlimited duty free access to the Union.
(5)
The tariff quota for those waters and beverages for 2017 should now be opened in accordance with the Agreement in the Form of an Exchange of Letters. The last annual quota for those products was opened for 2015 by Commission Implementing Regulation (EU) No 1130/2014. As no annual quota was opened for 2016, it is appropriate to set the quota volume for 2017 at the same level as for 2015.
(6)
Commission Implementing Regulation (EU) 2015/2447 lays down rules for managing tariff quotas. The tariff quota opened by this Regulation should be managed in accordance with those rules.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Committee on horizontal questions concerning trade in processed agricultural products not listed in Annex I,
HAS ADOPTED THIS REGULATION: