Council Decision of 26 July 2010 on the signing and provisional application of an Agreement between the European Union, Iceland, Liechtenstein and Norway on an EEA Financial Mechanism 2009-2014, an Agreement between the European Union and Norway on a Norwegian Financial Mechanism for the period 2009-2014, an Additional Protocol to the Agreement between the European Economic Community and Iceland, concerning special provisions applicable to imports into the European Union of certain fish and fisheries products for the period 2009-2014, and an Additional Protocol to the Agreement between the European Economic Community and Norway, concerning special provisions applicable to imports into the European Union of certain fish and fisheries products for the period 2009-2014
The signing of the following agreements and protocols is hereby approved on behalf of the Union, subject to their conclusion:
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Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2009-2014 and the Annex thereto,
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Agreement between the European Union and the Kingdom of Norway on a Norwegian Financial Mechanism for the period 2009-2014,
—
Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland and the Annex thereto,
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Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway and the Annex thereto.
The texts of the Agreements and Additional Protocols and the Annexes thereto are attached to this Decision.
The special provisions applicable to imports into the European Union of certain fish and fishery products originating in Iceland are laid down in this Protocol and the Annex thereto.
The annual duty free tariff quotas are provided for in the Annex to this Protocol. These tariff quotas shall cover the period from 1 May 2009 to 30 April 2014. The quota levels shall be reviewed by the end of that period taking into account all relevant interests.
The special provisions applicable to imports into the European Union of certain fish and fishery products originating in Norway are laid down in this Protocol and the Annex thereto.
The annual duty free tariff quotas are provided for in the Annex to this Protocol. These tariff quotas shall cover the period from 1 May 2009 to 30 April 2014. The quota levels shall be reviewed by the end of that period taking into account all relevant interests.
The President of the Council is hereby authorised to designate the person(s) empowered to sign these Agreements and Protocols on behalf of the Union, subject to their conclusion.
The volumes of the duty free tariff quotas for the first 12 month period 1 May 2009 to 30 April 2010 will be allocated to the period 1 May 2010 to 30 April 2011.
Should the volumes of the tariff quotas for the tariff quota period from 1 May 2010 to 30 April 2011 not be fully exhausted, the remaining volumes shall be carried over to the tariff quota period from 1 May 2011 to 30 April 2012. For this purpose drawings on the tariff quotas applicable from 1 May 2010 to 30 April 2011 shall be stopped on the second working day in the Commission following 1 September 2011. On the following working day, the unused balances of these tariff quotas shall be made available under the corresponding tariff quota applicable from 1 May 2011 to 30 April 2012. From that date onwards no retroactive drawings and no returns shall be possible on the particular tariff quotas applicable from 1 May 2010 to 30 April 2011.
The tariff quota levels that should have been opened for Norway as from 1 May 2009 until the implementation of this Protocol shall be divided in equal parts and allocated on a yearly basis for the remaining part of the period of application of this Protocol.
Pending the completion of the procedures for their conclusion, the Agreements and Protocols referred to in Article 1, shall be applied on a provisional basis as from the following dates:
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the Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2009-2014 and the Annex thereto, as from the first day of the first month following the deposit of the last notification to this effect,
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the Agreement between the European Union and the Kingdom of Norway on a Norwegian Financial Mechanism for the period 2009-2014, as from the first day of the first month following the deposit of the last notification to this effect,
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the Additional Protocol to the Agreement between the European Economic Community and the Republic of Iceland and the Annex thereto, as from the first day of the third month following the deposit of the last notification to this effect,
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the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway and the Annex thereto, as from the first day of the third month following the deposit of the last notification to this effect.
This Protocol shall be ratified or approved by the Contracting Parties in accordance with their own procedures. The instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union.
It shall enter into force on the first day of the second month after the last instrument of ratification or approval has been deposited.
Pending the completion of the procedures referred to in paragraphs 1 and 2, this Protocol shall be applied on a provisional basis as from the first day of the third month following the deposit of the last notification to this effect.
Norway shall take the necessary steps to ensure the continuation of the regulation laid down by Royal Decree of 21 April 2006 allowing for free transit of fish and fishery products landed in Norway from vessels flying the flag of a Member State of the European Union. This regulation shall apply for the period referred to in Article 1 once the annual tariff quotas have been implemented.
This Decision shall enter into force on the day of its adoption.
This Protocol, drawn up in a single original in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Italian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Icelandic languages, the text in each of these languages being equally authentic, shall be deposited with the General Secretariat of the Council of the European Union, which will remit a certified copy to each of the Parties to this Agreement.
The rules of origin applicable for the tariff quotas listed in the Annex to this Protocol shall be those set out in Protocol 3 to the Agreement between the European Economic Community and the Kingdom of Norway signed on 14 May 1973.
This Protocol shall be ratified or approved by the Parties in accordance with their own procedures. The instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union.
It shall enter into force on the first day of the second month after the last instrument of ratification or approval has been deposited.
Pending the completion of the procedures referred to in paragraphs 1 and 2, this Protocol shall be applied on a provisional basis as from the first day of the third month following. the deposit of the last notification to this effect.
This Protocol, drawn up in a single original in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Italian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Norwegian languages, the text in each of these languages being equally authentic, shall be deposited with the General Secretariat of the Council of the European Union, which will remit a certified copy to each of the Parties.
Supplementary provisions
ANNEXSupplementary provisions
ANNEX
SPECIAL PROVISIONS REFERRED TO IN ARTICLE 1 OF THE PROTOCOL
The Union shall open the following annual duty free tariff quotas for products originating in Iceland, in addition to existing tariff quotas:
CN code
Description of products
Annual (1.5-30.4) tariff quota volume in net weight, unless otherwise specified
0303 51 00
Herrings of the species Clupea harengus and Clupea pallasii , frozen, excluding livers and roes ( 1 ) ,
950 tonnes
0306 19 30
Frozen Norway lobsters ( Nephrops norvegicus )
520 tonnes
0304 19 35
Fillets of redfish ( Sebastes spp.), fresh or chilled
750 tonnes
( 1 ) The benefit of the tariff quota shall not be granted to goods declared for release for free circulation during the period 15 February to 15 June.
ANNEXSupplementary provisions
ANNEX
SPECIAL PROVISIONS REFERRED TO IN ARTICLE 1 OF THE PROTOCOL
In addition to the existing duty free tariff quotas, the European Union shall open the following annual duty free tariff quotas for products originating in Norway:
CN code
Description of products
Annual (1.5-30.4) tariff quota volume in net weight unless otherwise specified
0303 29 00
Other frozen salmonidae
2 000 tonnes
0303 51 00
Herrings of the species Clupea harengus and Clupea pallasii , frozen, excluding livers and roes ( 1 )
45 800 tonnes
0303 74 30
Mackerel of the species Scomber scombrus and Scomber japonicus , frozen, whole, excluding livers and roes ( 2 )
39 800 tonnes
0303 79 98
Other fish, frozen, excluding livers and roes
2 200 tonnes
0304 29 75
ex 0304 99 23
Frozen filets of herring of the species Clupea harengus and Clupea pallasii
Frozen flaps of herring of the species Clupea harengus and Clupea pallasii (butterflies) ( 3 )
67 600 tonnes
ex 1605 20 10
ex 1605 20 91
ex 1605 20 99
Shrimps and prawns, peeled and frozen, prepared or preserved
7 000 tonnes
ex 1604 12 91
ex 1604 12 99
Herring, spiced and/or vinegar cured, in brine ( 4 )
3 000 tonnes net drained weight
( 1 ) The benefit of the tariff quota shall not be granted to goods declared for release for free circulation during the period 15 February to 15 June.
( 2 ) The benefit of the tariff quota shall not be granted to goods declared for release for free circulation during the period 15 February to 15 June.
( 3 ) The benefit of the tariff quota shall not be granted to goods of CN code 0304 99 23 declared for release for free circulation during the period 15 February to 15 June.
( 4 ) This tariff quota shall be increased to 4 000 tonnes net drained weight in the period 1 May 2010 to 30 April 2011, to 5 000 tonnes net drained weight in the period 1 May 2011 to 30 April 2012, and to 6 000 tonnes net drained weight in the period 1 May to 30 April in each subsequent 12 month period.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
