Council Regulation (EC) No 992/95 of 10 April 1995 opening and providing for the administration of Community tariff quotas for certain agricultural and fishery products originating in Norway

Article 1

However, Annex II to Protocol 4 to the Agreement on the European Economic Area (³), as that Protocol was amended by Decision of the EEA Joint Committee No 71/2015 (⁴), shall apply to those tariff quotas instead of the Appendix to the 1992 Agreement.

Article 2

The tariff quotas with order numbers 09.0745 and 09.0758 listed in Annex I shall not apply for the period of 1 January to 31 December 2008.

The tariff quotas with order numbers 09.0860 to 09.0871 shall cover the period from 1 May 2021 to 30 April 2028. In case these tariff quotas are not exhausted during this period and in case any subsequent protocol establishing duty-free tariff quotas for the same products is not provisionally applied, imports from Norway can be made for the remaining accumulated quota volume of those quotas for up to two years following the end of this application period but not longer than the provisional application of any subsequent protocol establishing duty-free tariff quotas for the same products.

Article 3

The tariff quotas set out in this Regulation shall be managed in accordance with Articles 49 to 54 of Commission Implementing Regulation (EU) 2015/2447 (⁵).

Article 4

Each Member State shall guarantee importers of the products in question equal and continuous access to the quotas as long as the balance of the corresponding quota volume allows.

Article 5

The provisions necessary for the application of this Regulation, in particular:

(a) the amendments and technical adaptations, in so far as necessary, arising from amendments of the combined nomenclature and Taric codes; and

(b) the necessary adaptations of volume, periods and quota duties arising from decisions adopted by the Council;

shall be adopted in accordance with the procedure laid down in Article 6 (2).

The provisions adopted pursuant to paragraph 1 do not authorize the Commission to:

— carry over preferential quantities from one quota period to another,

— amend the timetables laid down in the Agreements,

— transfer quantities from one quota to another,

— open and administer quotas resulting from new agreements.

Article 6

The Commission shall adopt the measures, which apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event:

— the Commission shall defer application of the measures which it has decided for three months from the date of such communication,

— the Council, acting by qualified majority, may take a different decision within the period referred to in the previous indent.

Article 7

Member States and the Commission shall cooperate closely in order to ensure that this Regulation is complied with.

Article 8

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

It shall apply from 1 January 1995 for the whole period of validity of the Agreements in the form of exchanges of letters with Norway, approved respectively by Decisions 86/557/EEC and 93/737/EC.

This Regulation shall be binding in its entirety and directly applicable in all.Member States.

ANNEX I

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes as they exist at the time of adoption of this Regulation. Where ex CN codes are indicated, the preferential scheme is to be determined by the application of the CN code and the corresponding description taken together.