COUNCIL DECISION (EU) 2017/861

of 11 May 2017

on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 3 to the EEA Agreement, concerning products referred to in Article 8(3)(b) of the Agreement

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 in conjunction with Article 218(9) thereof,

Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Agreement on the European Ecoomic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

(2) Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 3 to the EEA Agreement. That Protocol determines specific trade arrangements for certain agricultural and processed agricultural products between the Contracting Parties.

(3) Article 2(2) of Protocol 3 to the EEA Agreement stipulates that the customs duties set out in the Annexes to Table I of that Protocol can be adapted by the EEA Joint Committee, taking account of mutual concessions. Iceland and the European Union have agreed to eliminate tariffs for certain products listed in Protocol 3 to the EEA Agreement. These concessions will apply only to products originating, respectively, in the European Union and in Iceland, within the meaning of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin.

(4) Protocol 3 to the EEA Agreement should therefore be amended accordingly.

(5) The position of the Union within the EEA Joint Committee should therefore be based on the attached draft decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendment to Protocol 3 to the EEA Agreement, concerning products referred to in Article 8(3)(b) of the Agreement, shall be based on the draft decision of the EEA Joint Committee attached to this Decision.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 11 May 2017.

For the Council

The President

R. GALDES

(1)

OJ L 305, 30.11.1994, p. 6

(2)

OJ L 1, 3.1.1994, p. 3

DRAFT

DECISION OF THE EEA JOINT COMMITTEE No …/2017

of …

amending Protocol 3 to the EEA Agreement, concerning products referred to in Article 8(3)(b) of the Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:

(1) Protocol 3 to the EEA Agreement determines specific trade arrangements for certain agricultural and processed agricultural products between the Contracting Parties.

(2) Article 2(2) of Protocol 3 to the EEA Agreement stipulates that the customs duties set out in the Annexes to Table I of Protocol 3 to the EEA Agreement can be adapted by the EEA Joint Committee, taking account of mutual concessions. Iceland and the European Union have agreed to eliminate tariffs for certain products listed in Protocol 3 to the EEA Agreement. These concessions will apply only to products originating in the European Union and in Iceland, respectively, within the meaning of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin.

(3) Protocol 3 to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Protocol 3 to the EEA Agreement shall be amended as follows:

In Article 2, the following subparagraph is added at the end of paragraph 1:

‘Products covered by Table I originating in Iceland or the European Union, in accordance with the provisions of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin, shall be subject to the customs duties set out in point 4a of Annex I to Table I and point 1a of Annex II to Table I, respectively.’.

Annex I to Table I is amended as set out in Annex I to this Decision.

Annex II to Table I is amended as set out in Annex II to this Decision.

Article 2

This Decision shall enter into force on […], provided that all the notifications under Article 103(1) of the EEA Agreement have been made

(

)

, or on the same day as the entry into force of the Agreement in the form of an Exchange of Letters between the European Union and Iceland concerning additional trade preferences in agricultural products (1), whichever is the later.

Article 3

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the

Official Journal of the European Union

Done at Brussels,

For the EEA Joint Committee

The President

The Secretaries to the EEA Joint Committee

(

)

[No constitutional requirements indicated.] [Constitutional requirements indicated.]

(1) OJ x xxx, xx.xx.xx, p. xx.

ANNEX I

Annex I to Table I of Protocol 3 to the Agreement is amended as follows:

(1) The following paragraph is added after paragraph (4):

‘(4a)

The customs duties applicable to the following products originating in Iceland shall be zero:

CN Code	Comments
0710 40 00
0711 90 30
ex 1302 20 10	Containing 5 % or more by weight of added sugar
ex 1302 20 90	Containing 5 % or more by weight of added sugar
1517 10 10
1517 90 10
1704 10 10
1704 10 90
1704 90 10
1704 90 30
1704 90 51
1704 90 55
1704 90 61
1704 90 65
1704 90 71
1704 90 75
1704 90 81
1704 90 99
1806 10 15
1806 10 20
1806 10 30
1806 10 90
1806 20 10
1806 20 30
1806 20 50
1806 20 70
1806 20 80
1806 20 95
1806 31 00
1806 32 10
1806 32 90
1806 90 11
1806 90 19
1806 90 31
1806 90 39
1806 90 50
1806 90 60
1806 90 70
1806 90 90
1901 10 00
1901 20 00
1901 90 11
1901 90 19
1901 90 99
1902 11 00
1902 19 10
1902 19 90
1902 20 10
1902 20 91
1902 20 99
1902 30 10
1902 30 90
1902 40 10
1902 40 90
1903 00 00
1904 10 10
1904 10 30
1904 10 90
1904 20 10
1904 20 91
1904 20 95
1904 20 99
1904 30 00
1904 90 10
1904 90 80
1905 10 00
1905 20 10
1905 20 30
1905 20 90
1905 31 11
1905 31 19
1905 31 30
1905 31 91
1905 31 99
1905 32 05
1905 32 11
1905 32 19
1905 32 91
1905 32 99
1905 40 10
1905 40 90
1905 90 10
1905 90 20
1905 90 30
1905 90 45
1905 90 55
1905 90 60
1905 90 90
2001 90 30
2001 90 40
2004 10 91
2004 90 10
2005 20 10
2005 80 00
ex 2006 00 38	Sweet corn (Zea mays var. saccharata)
ex 2006 00 99	Sweet corn (Zea mays var. saccharata)
2007 10 10
2007 10 91
2007 10 99
2007 91 10
2007 91 30
2007 91 90
2007 99 10
2007 99 20
2007 99 31
2007 99 33
2007 99 35
2007 99 39
2007 99 50
2007 99 93
2007 99 97
ex 2008 11 91	Roasted
2008 99 85
2008 99 91
ex 2101 12 92	Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch
ex 2101 12 98	Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch
ex 2101 20 92	Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch
ex 2101 20 98	Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch’.
2101 30 19
2101 30 99
2102 10 31
2102 10 39
2102 20 11
2102 20 19
2103 20 00
2103 90 90
2104 10 00
2106 10 20
2106 10 80
2106 90 20
2106 90 92
2202 10 00
2202 90 10
2202 90 91
2202 90 95
2202 90 99
2205 10 10
2205 10 90
2205 90 10
2205 90 90
2207 20 00
2208 90 91
2208 90 99
2209 00 11
2209 00 19
2209 00 91
2209 00 99
2402 10 00
2402 20 90
2402 90 00
2403 11 00
2403 19 10
2403 19 90
2403 91 00
2403 99 10
2905 43 00
2905 44 11
2905 44 19
2905 44 91
2905 44 99
3302 10 10
3302 10 21
3302 10 29
3501 10 50
3501 10 90
3501 90 10
3501 90 90
3505 10 10
3505 10 50
3505 10 90
3505 20 10
3505 20 30
3505 20 50
3505 20 90
3809 10 10
3809 10 30
3809 10 50
3809 10 90
3824 60 11
3824 60 19
3824 60 91
3824 60 99

(2) Paragraph (8) is replaced by the following:

‘(8)

Tariff codes set out in this Annex refer to those applicable in the European Union on 1 January 2004. However, the tariff codes set out in paragraph (4a) refer to those applicable in the European Union on 1 January 2015. The terms of this Annex will not be affected by any changes that may be made in the tariff nomenclature.’.

ANNEX II

Annex II to Table I of Protocol 3 to the Agreement is amended as follows:

(1) The following paragraph is added after paragraph (1):

‘(1a)

The customs duties applicable to the following products originating in the European Union shall be zero: