ISSN 1725-2555

Official Journal

of the European Union

L 23
European flag  

English edition

Legislation

Volume 48
26 January 2005

Contents

 

I   Acts whose publication is obligatory

page

 

*

Regulation (EC) No 107/2005 of the European Parliament and of the Council of 12 January 2005 amending Regulation (EC) No 2130/2001 on operations to aid uprooted people in Asian and Latin American developing countries

1

 

*

Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air

3

 

 

II   Acts whose publication is not obligatory

 

 

Council

 

*

2005/45/EC
Council Decision of 22 December 2004 concerning the conclusion and the provisional application of the Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products

17

Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products

19

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

I Acts whose publication is obligatory

26.1.2005   

EN

Official Journal of the European Union

L 23/1

REGULATION (EC) No 107/2005 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 12 January 2005

amending Regulation (EC) No 2130/2001 on operations to aid uprooted people in Asian and Latin American developing countries

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 179(1) thereof,

Having regard to the proposal from the Commission,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),

Whereas:

(1)

The Community is implementing a programme in favour of operations to aid uprooted people in Asian and Latin American developing countries under Regulation (EC) No 2130/2001 (2). That Regulation expired on 31 December 2004.

(2)

The renewal of Regulation (EC) No 2130/2001 will be dependent on the possibilities for integrating it into a single framework Regulation for Asia and Latin America.

(3)

In July 2002, the Commission adopted a proposal for a Regulation of the European Parliament and of the Council concerning Community cooperation with Asian and Latin American countries (3) which integrates aid to uprooted people in Asian and Latin American developing countries and repeals Regulation (EC) No 2130/2001. The proposed Regulation was not adopted in time to enter into force by 31 December 2004. Such a situation could jeopardise the continuity and smooth implementation of operations to aid uprooted people in Asian and Latin American developing countries.

(4)

It is necessary to ensure the application of Regulation (EC) No 2130/2001 until the entry into force of the future Regulation. The latter would then constitute the new legal framework for operations to aid uprooted people in these two regions.

(5)

It is necessary to indicate the financial framework for the remaining years of the current financial perspective, namely 2005 and 2006.

(6)

It is also necessary to provide for an independent evaluation of the application of Regulation (EC) No 2130/2001.

(7)

Regulation (EC) No 2130/2001 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2130/2001 is hereby amended as follows:

1.

in Article 8, paragraph 1 is replaced by the following:

‘1.   The Commission shall be responsible for evaluating, deciding and administering the operations covered by this Regulation in accordance with the budgetary and other procedures in force, in particular those laid down in Articles 27, 48(2) and 167 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (*1).’;

(*1)   OJ L 248, 16.9.2002, p. 1."

2.

in Article 15, the following paragraph is inserted:

‘1a.   The financial framework for the implementation of this Regulation for the period from 2005 to 2006 is hereby set at EUR 141 million.’;

3.

in Article 20, the second paragraph is replaced by the following:

‘It shall apply until 31 December 2006.’

Article 2

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

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

Done at Strasbourg, 12 January 2005.

For the European Parliament

The President

J. P. BORRELL FONTELLES

For the Council

The President

Nicolas SCHMIT

(1)  Opinion of the European Parliament of 26 October 2004 (not yet published in the Official Journal) and Council Decision of 21 December 2004.

(2)   OJ L 287, 31.10.2001, p. 3.

(3)   OJ C 331 E, 31.12.2002, p. 12.

26.1.2005   

EN

Official Journal of the European Union

L 23/3

DIRECTIVE 2004/107/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 December 2004

relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

(1)

On the basis of principles enshrined in Article 175(3) of the Treaty, the Sixth Community Environment Action Programme, adopted by Decision No 1600/2002/EC of the European Parliament and of the Council (3), establishes the need to reduce pollution to levels which minimise harmful effects on human health, paying particular attention to sensitive populations, and the environment as a whole, to improve the monitoring and assessment of air quality including the deposition of pollutants and to provide information to the public.

(2)

Article 4(1) of Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management (4) requires the Commission to submit proposals for regulating the pollutants listed in Annex I to that Directive taking into account the provisions laid down in paragraphs 3 and 4 of that Article.

(3)

Scientific evidence shows that arsenic, cadmium, nickel and some polycyclic aromatic hydrocarbons are human genotoxic carcinogens and that there is no identifiable threshold below which these substances do not pose a risk to human health. Impact on human health and the environment occurs via concentrations in ambient air and via deposition. With a view to cost-effectiveness, ambient air concentrations of arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons, which would not pose a significant risk to human health, cannot be achieved in specific areas.

(4)

With the aim of minimising harmful effects on human health, paying particular attention to sensitive populations, and the environment as a whole, of airborne arsenic, cadmium and nickel and polycyclic aromatic hydrocarbons, target values should be set, to be attained as far as possible. Benzo(a)pyrene should be used as a marker for the carcinogenic risk of polycyclic aromatic hydrocarbons in ambient air.

(5)

The target values would not require any measures entailing disproportionate costs. Regarding industrial installations, they would not involve measures beyond the application of best available techniques (BAT) as required by Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (5) and in particular would not lead to the closure of installations. However, they would require Member States to take all cost-effective abatement measures in the relevant sectors.

(6)

In particular, the target values of this Directive are not to be considered as environmental quality standards as defined in Article 2(7) of Directive 96/61/EC and which, according to Article 10 of that Directive, require stricter conditions than those achievable by the use of BAT.

(7)

In accordance with Article 176 of the Treaty, Member States may maintain or introduce more stringent protective measures relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons provided that they are compatible with the Treaty and that they are notified to the Commission.

(8)

Where concentrations exceed certain assessment thresholds, monitoring of arsenic, cadmium, nickel and benzo(a)pyrene should be mandatory. Supplementary means of assessment may reduce the required number of sampling points for fixed measurements. Further monitoring of background ambient air concentrations and deposition is foreseen.

(9)

Mercury is a very hazardous substance for human health and the environment. It is present throughout the environment and, in the form of methylmercury, has the capacity to accumulate in organisms, and in particular to concentrate in organisms higher up the food chain. Mercury released into the atmosphere is capable of being transported over long distances.

(10)

The Commission intends to come forward in 2005 with a coherent strategy containing measures to protect human health and the environment from the release of mercury, based on a life-cycle approach, and taking into account production, use, waste treatment and emissions. In this context, the Commission should consider all appropriate measures with a view to reducing the quantity of mercury in terrestrial and aquatic ecosystems, and thereby the ingestion of mercury via food, and avoiding mercury in certain products.

(11)

The effects of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons on human health, including via the food chain, and the environment as a whole, occur through concentrations in ambient air and via deposition; the accumulation of these substances in soils and the protection of ground water should be taken into account. In order to facilitate review of this Directive in 2010, the Commission and the Member States should consider promoting research into the effects of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons on human health and the environment, particularly via deposition.

(12)

Standardised accurate measurement techniques and common criteria for the location of measuring stations are important elements in assessing ambient air quality so that the information obtained is comparable throughout the Community. Providing reference measurement methods is acknowledged to be an important issue. The Commission has already mandated work on the preparation of CEN standards for the measurement of those constituents in ambient air where target values are defined (arsenic, cadmium, nickel and benzo(a)pyrene) as well as for the deposition of heavy metals with a view to their early development and adoption. In the absence of CEN standard methods, the use of international or national standard reference measurement methods should be permitted.

(13)

Information on the concentrations and the deposition of the regulated pollutants should be forwarded to the Commission as a basis for regular reports.

(14)

Up-to-date information on ambient air concentrations and deposition of regulated pollutants should be readily available to the public.

(15)

The Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.

(16)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6).

(17)

The amendments necessary for adaptation of this Directive to scientific and technical progress should relate solely to criteria and techniques for the assessment of concentrations and deposition of regulated pollutants or detailed arrangements for forwarding information to the Commission. They should not have the effect of modifying the target values either directly or indirectly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objectives

The objectives of this Directive shall be to:

(a)

establish a target value for the concentration of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air so as to avoid, prevent or reduce harmful effects of arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons on human health and the environment as a whole;

(b)

ensure, with respect to arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons, that ambient air quality is maintained where it is good and that it is improved in other cases;

(c)

determine common methods and criteria for the assessment of concentrations of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air as well as of the deposition of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons;

(d)

ensure that adequate information on concentrations of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air as well as on the deposition of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons is obtained and ensure that it is made available to the public.

Article 2

Definitions

For the purposes of this Directive the definitions in Article 2 of Directive 96/62/EC, with the exception of the definition of ‘target value’, shall apply.

The objectives of this Directive shall be to:

(a)

    ‘target value’ means a concentration in the ambient air fixed with the aim of avoiding, preventing or reducing harmful effects on human health and the environment as a whole, to be attained where possible over a given period;

(b)

    ‘total or bulk deposition’ means the total mass of pollutants which is transferred from the atmosphere to surfaces (e.g. soil, vegetation, water, buildings, etc.) in a given area within a given time;

(c)

    ‘upper assessment threshold’ means a level specified in Annex II below which a combination of measurements and modelling techniques may be used to assess ambient air quality, in accordance with Article 6(3) of Directive 96/62/EC;

(d)

    ‘lower assessment threshold’ means a level specified in Annex II below which the sole use of modelling or objective estimation techniques shall be possible to assess ambient air quality, in accordance with Article 6(4) of Directive 96/62/EC;

(e)

    ‘fixed measurements’ means measurements taken at fixed sites either continuously or by random sampling, in accordance with Article 6(5) of Directive 96/62/EC;

(f)

    ‘arsenic’, ‘cadmium’, ‘nickel’ and ‘benzo(a)pyrene’ mean the total content of these elements and compounds in the PM10 fraction;

(g)

    ‘PM10’ means particulate matter, which passes through a size-selective inlet as defined in EN 12341 with a 50 % efficiency cut-off at 10 μm aerodynamic diameter;

(h)

    ‘polycyclic aromatic hydrocarbons’ means those organic compounds, composed of at least two fused aromatic rings made entirely from carbon and hydrogen;

(i)

    ‘total gaseous mercury’ means elemental mercury vapour (Hg0) and reactive gaseous mercury, i.e. water-soluble mercury species with sufficiently high vapour pressure to exist in the gas phase.

Article 3

Target values

1.   Member States shall take all necessary measures not entailing disproportionate costs to ensure that, as from 31 December 2012, concentrations of arsenic, cadmium, nickel and benzo(a)pyrene, used as a marker for the carcinogenic risk of polycyclic aromatic hydrocarbons, in ambient air, as assessed in accordance with Article 4, do not exceed the target values laid down in Annex I.

2.   Member States shall draw up a list of zones and agglomerations in which the levels of arsenic, cadmium, nickel, and benzo(a)pyrene are below the respective target values. Member States shall maintain the levels of these pollutants in these zones and agglomerations below the respective target values and shall endeavour to preserve the best ambient air quality, compatible with sustainable development.

3.   Member States shall draw up a list of the zones and agglomerations where the target values laid down in Annex I are exceeded.

For such zones and agglomerations, Member States shall specify the areas of exceedance and the sources contributing thereto. In the areas concerned, Member States shall demonstrate the application of all necessary measures not entailing disproportionate costs, directed in particular at the predominant emission sources, in order to attain the target values. In the case of industrial installations covered by Directive 96/61/EC this means the application of BAT as defined by Article 2(11) of that Directive.

Article 4

Assessment of ambient air concentrations and deposition rates

1.   Ambient air quality with respect to arsenic, cadmium, nickel and benzo(a)pyrene shall be assessed throughout the territory of the Member States.

2.   In accordance with the criteria referred to in paragraph 7, measurement is mandatory in the following zones:

(a)

zones and agglomerations in which levels are between the upper and the lower assessment threshold, and

(b)

other zones and agglomerations where levels exceed the upper assessment threshold.

The measurements provided for may be supplemented by modelling techniques to provide an adequate level of information on ambient air quality.

3.   A combination of measurements, including indicative measurements as referred to in Annex IV, Section I, and modelling techniques may be used to assess ambient air quality in zones and agglomerations where the levels over a representative period are between the upper and lower assessment thresholds, to be determined pursuant to Annex II, Section II.

4.   In zones and agglomerations where the levels are below the lower assessment threshold, to be determined pursuant to Annex II, Section II, the sole use of modelling or objective estimation techniques for assessing levels shall be possible.

5.   Where pollutants have to be measured, the measurements shall be taken at fixed sites either continuously or by random sampling. The number of measurements shall be sufficient to enable the levels to be determined.

6.   The upper and lower assessment thresholds for arsenic, cadmium, nickel and benzo(a)pyrene in ambient air shall be those laid down in Section I of Annex II. The classification of each zone or agglomeration for the purposes of this Article shall be reviewed at least every five years in accordance with the procedure laid down in Section II of Annex II. Classification shall be reviewed earlier in the event of significant change in activities relevant to concentrations of arsenic, cadmium, nickel and benzo(a)pyrene, in ambient air.

7.   The criteria for determining the location of sampling points for the measurement of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air in order to assess compliance with the target values shall be those listed in Sections I and II of Annex III. The minimum number of sampling points for fixed measurements of concentrations of each pollutant shall be as laid down in Section IV of Annex III, and they shall be installed in each zone or agglomeration within which measurement is required if fixed measurement is the sole source of data on concentrations within it.

8.   To assess the contribution of benzo(a)pyrene in ambient air, each Member State shall monitor other relevant polycyclic aromatic hydrocarbons at a limited number of measurement sites. These compounds shall include at least: benzo(a)anthracene, benzo(b)fluoranthene, benzo(j)fluoranthene, benzo(k)fluoranthene, indeno(1,2,3-cd)pyrene, and dibenz(a,h)anthracene. Monitoring sites for these polycyclic aromatic hydrocarbons shall be co-located with sampling sites for benzo(a)pyrene and shall be selected in such a way that geographical variation and long-term trends can be identified. Sections I, II and III of Annex III shall apply.

9.   Irrespective of concentration levels, one background sampling point shall be installed every 100 000 km2 for the indicative measurement, in ambient air, of arsenic, cadmium, nickel, total gaseous mercury, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in paragraph 8 and of the total deposition of arsenic, cadmium, mercury, nickel, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in paragraph 8. Each Member State shall set up at least one measuring station; however, Member States may, by agreement, and in accordance with guidelines to be drawn up under the procedure laid down in Article 6, set up one or several common measuring stations, covering neighbouring zones in adjoining Member States, to achieve the necessary spatial resolution. Measurement of particulate and gaseous divalent mercury is also recommended. Where appropriate, monitoring shall be coordinated with the European Monitoring and Evaluation of Pollutants (EMEP) monitoring strategy and measurement programme. The sampling sites for these pollutants shall be selected in such a way that geographical variation and long-term trends can be identified. Sections I, II and III of Annex III shall apply.

10.   The use of bio indicators may be considered where regional patterns of the impact on ecosystems are to be assessed.

11.   For zones and agglomerations within which information from fixed measurement stations is supplemented by information from other sources, such as emission inventories, indicative measurement methods and air quality modelling, the number of fixed measuring stations to be installed and the spatial resolution of other techniques shall be sufficient for the concentrations of air pollutants to be established in accordance with Section I of Annex III and Section I of Annex IV.

12.   Data quality objectives are laid down in Section I of Annex IV. Where air quality models are used for assessment, Section II of Annex IV shall apply.

13.   The reference methods for the sampling and analysis of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air shall be as laid down in Sections I, II and III of Annex V. Section IV of Annex V sets out reference techniques for measuring the total deposition of arsenic, cadmium, mercury, nickel and the polycyclic aromatic hydrocarbons and Section V of Annex V refers to reference air quality modelling techniques when such techniques are available.

14.   The date by which Member States shall inform the Commission of the methods used for the preliminary assessment of air quality under Article 11(1)(d) of Directive 96/62/EC shall be the date referred to in Article 10 of this Directive.

15.   Any amendments necessary to adapt the provisions of this Article and of Section II of Annex II and of Annexes III to V to scientific and technical progress shall be adopted in accordance with the procedure referred to in Article 6 but may not result in any direct or indirect changes to target values.

Article 5

Transmission of information and reporting

1.   With regard to the zones and agglomerations where any of the target values laid down in Annex I is exceeded, Member States shall forward the following information to the Commission:

(a)

the lists of the zones and agglomerations concerned,

(b)

the areas of exceedance,

(c)

the concentration values assessed,

(d)

the reasons for exceedance, and in particular any sources contributing to it,

(e)

the population exposed to such exceedance.

Member States shall also report all data assessed in accordance with Article 4, unless already reported under Council Decision 97/101/EC of 27 January 1997 establishing a reciprocal exchange of information and data from networks and individual stations measuring ambient air pollution within the Member States (7).

The information shall be transmitted for each calendar year, by no later than 30 September of the following year, and for the first time for the calendar year following 15 February 2007.

2.   In addition to the requirements laid down in paragraph 1, Member States shall also report any measures taken pursuant to Article 3.

3.   The Commission shall ensure that all information submitted pursuant to paragraph 1 is promptly made available to the public by appropriate means, such as Internet, press and other easily accessible media.

4.   The Commission shall adopt, in accordance with the procedure referred to in Article 6, any detailed arrangements for forwarding the information to be provided under paragraph 1 of this Article.

Article 6

Committee

1.   The Commission shall be assisted by the committee established by Article 12(2) of Directive 96/62/EC.

2.   Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.   The Committee shall adopt its Rules of Procedure.

Article 7

Public information

1.   Member States shall ensure that clear and comprehensible information is accessible and is routinely made available to the public as well as to appropriate organisations, such as environmental organisations, consumer organisations, organisations representing the interests of sensitive populations and other relevant healthcare bodies, on ambient air concentrations of arsenic, cadmium, mercury, nickel and benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in Article 4(8) as well as on deposition rates of arsenic, cadmium, mercury, nickel and benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in Article 4(8).

2.   The information shall also indicate any annual exceedance of the target values for arsenic, cadmium, nickel and benzo(a)pyrene laid down in Annex I. The information shall give the reasons for the exceedance and the area to which it applies. It shall also provide a short assessment in relation to the target value and appropriate information regarding effects on health and impact on the environment.

Information on any measures taken pursuant to Article 3 shall be made available to the organisations referred to in paragraph 1 of this Article.

3.   The information shall be made available by means of, for example, Internet, press and other easily accessible media.

Article 8

Report and review

1.   The Commission shall, by 31 December 2010 at the latest, submit to the European Parliament and the Council a report based on:

(a)

the experience acquired in the application of this Directive,

(b)

in particular, the results of the most recent scientific research concerning the effects on human health, paying particular attention to sensitive populations, and on the environment as a whole, of exposure to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons, and

(c)

technological developments including the progress achieved in methods of measuring and otherwise assessing concentrations of these pollutants in ambient air as well as their deposition.

2.   The report referred to in paragraph 1 shall take into account:

(a)

current air quality, trends and projections up to and beyond 2015;

(b)

the scope for making further reductions in polluting emissions from all relevant sources, and the possible merit in introducing limit values aimed at reducing the risk to human health, for the pollutants listed in Annex I, taking account of technical feasibility and cost-effectiveness and any significant additional health and environmental protection that this would provide;

(c)

the relationships between pollutants and opportunities for combined strategies for improving Community air quality and related objectives;

(d)

current and future requirements for informing the public and for the exchange of information between Member States and Commission;

(e)

the experience acquired in the application of this Directive in Member States, and in particular the conditions under which measurement has been carried out as laid down in Annex III;

(f)

secondary economic benefits for the environment and health in reducing the emissions of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons to the extent that these can be assessed;

(g)

the adequacy of the particle size fraction used for sampling in view of general particulate matter measurement requirements;

(h)

the suitability of benzo(a)pyrene as a marker for the total carcinogenic activity of polycyclic aromatic hydrocarbons, having regard to predominantly gaseous forms of polycyclic aromatic hydrocarbons such as fluoranthene.

In the light of the latest scientific and technological developments the Commission shall also examine the effect of arsenic, cadmium and nickel on human health with a view to quantifying their genotoxic carcinogenicity. Taking account of measures adopted pursuant to the mercury strategy the Commission shall also consider whether there would be merit in taking further action in relation to mercury, taking account of technical feasibility and cost-effectiveness and any significant additional health and environmental protection that this would provide.

3.   With a view to achieving levels of ambient air concentrations that would further reduce harmful effects on human health and would lead to a high level of protection of the environment as a whole, taking into account the technical feasibility and cost-effectiveness of further action, the report referred to in paragraph 1 may be accompanied, if appropriate, by proposals for amendments to this Directive, particularly taking into account the results obtained in accordance with paragraph 2. In addition the Commission shall consider regulating the deposition of arsenic, cadmium, mercury, nickel and specific polycyclic aromatic hydrocarbons.

Article 9

Penalties

Member States shall determine the penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

Article 10

Implementation

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 February 2007 at the latest. They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the texts of the main provisions of national law, which they adopt in the field covered by this Directive.

Article 11

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 12

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 15 December 2004.

For the European Parliament

The President

J. P. BORRELL FONTELLES

For the Council

The President

A. NICOLAÏ

(1)   OJ C 110, 30.4.2004, p. 16.

(2)  Opinion of the European Parliament of 20 April 2004 (not yet published in the Official Journal), Council Decision of 15 November 2004.

(3)   OJ L 242, 10.9.2002, p. 1.

(4)   OJ L 296, 21.11.1996, p. 55. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(5)   OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 1882/2003.

(6)   OJ L 184, 17.7.1999, p. 23.

(7)   OJ L 35, 5.2.1997, p. 14. Decision as amended by Commission Decision 2001/752/EC (OJ L 282, 26.10.2001, p. 69).

ANNEX I

Target values for arsenic, cadmium, nickel and benzo(a)pyrene

Pollutant

Target value (1)

Arsenic

6 ng/m3

Cadmium

5 ng/m3

Nickel

20 ng/m3

Benzo(a)pyrene

1 ng/m3

(1)  For the total content in the PM10 fraction averaged over a calendar year.

ANNEX II

Determination of requirements for assessment of concentrations of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air within a zone or agglomeration

I.   Upper and lower assessment thresholds

The following upper and lower assessment thresholds will apply:

 

Arsenic

Cadmium

Nickel

B(a)P

Upper assessment threshold in percent of the target value

60 %

(3,6 ng/m3)

60 %

(3 ng/m3)

70 %

(14 ng/m3)

60 %

(0,6 ng/m3)

Lower assessment threshold in percent of the target value

40 %

(2,4 ng/m3)

40 %

(2 ng/m3)

50 %

(10 ng/m3)

40 %

(0,4 ng/m3)

II.   Determination of exceedances of upper and lower assessment thresholds

Exceedances of upper and lower assessment thresholds must be determined on the basis of concentrations during the previous five years where sufficient data are available. An assessment threshold will be deemed to have been exceeded if it has been exceeded during at least three calendar years out of those previous five years.

Where fewer than five years’ data are available, Member States may combine measurement campaigns of short duration during the period of the year and at locations likely to be typical of the highest pollution levels with results obtained from information from emission inventories and modelling to determine exceedances of the upper and lower assessment thresholds.

ANNEX III

Location and minimum number of sampling points for the measurement of concentrations in ambient air and deposition rates

I.   Macroscale siting

The sites of sampling points should be selected in such a way as to:

—

provide data on the areas within zones and agglomerations where the population is likely to be directly or indirectly exposed to the highest concentrations averaged over a calendar year;

—

provide data on levels in other areas within zones and agglomerations which are representative of the exposure of the general population;

—

provide data on deposition rates representing the indirect exposure of the population through the food chain.

Sampling points should in general be sited so as to avoid measuring very small micro-environments in their immediate vicinity. As a guideline, a sampling point should be representative of air quality in surrounding areas of no less than 200 m2 at traffic-orientated sites, at least 250 m × 250 m at industrial sites, where feasible, and several square kilometres at urban-background sites.

Where the objective is to assess background levels the sampling site should not be influenced by agglomerations or industrial sites in its vicinity, i.e. sites closer than a few kilometres.

Where contributions from industrial sources are to be assessed, at least one sampling point shall be installed downwind of the source in the nearest residential area. Where the background concentration is not known, an additional sampling point shall be situated within the main wind direction. In particular where Article 3(3) applies, the sampling points should be sited such that the application of BAT can be monitored.

Sampling points should also, where possible, be representative of similar locations not in their immediate vicinity. Where appropriate they should be co-located with sampling points for PM10.

II.   Microscale siting

The following guidelines should be met as far as practicable:

—

the flow around the inlet sampling probe should be unrestricted, without any obstructions affecting the airflow in the vicinity of the sampler (normally some metres away from buildings, balconies, trees and other obstacles and at least 0,5 m from the nearest building in the case of sampling points representing air quality at the building line);

—

in general, the inlet sampling point should be between 1,5 m (the breathing zone) and 4 m above the ground. Higher positions (up to 8 m) may be necessary in some circumstances. Higher siting may also be appropriate if the station is representative of a large area;

—

the inlet probe should not be positioned in the immediate vicinity of sources in order to avoid direct intake of emissions unmixed with ambient air;

—

the sampler’s exhaust outlet should be positioned so that recirculation of exhaust air to the sample inlet is avoided;

—

traffic-orientated sampling points should be at least 25 metres from the edge of major junctions and at least 4 m from the centre of the nearest traffic lane; inlets should be sited so as to be representative of air quality near the building line;

—

for the deposition measurements in rural background areas, the EMEP guidelines and criteria should be applied as far as practicable and where not provided for in the Annexes.

The following factors may also be taken into account:

—

interfering sources

—

security

—

access

—

availability of electrical power and telephone communications

—

visibility of the site in relation to its surroundings

—

safety of the public and operators

—

the desirability of co-locating sampling points for different pollutants

—

planning requirements.

III.   Documentation and review of site selection

The site selection procedures should be fully documented at the classification stage by such means as compass-point photographs of the surrounding area and a detailed map. Sites should be reviewed at regular intervals with repeated documentation to ensure that selection criteria remain valid over time.

IV.   Criteria for determining numbers of sampling points for fixed measurement of concentrations of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air

Minimum number of sampling points for fixed measurement to assess compliance with target values for the protection of human health in zones and agglomerations where fixed measurement is the sole source of information.

(a)   Diffuse sources

Population of agglomeration or zone

(thousands)

If maximum concentrations exceed the upper assessment threshold (1)

If maximum concentrations are between the upper and lower assessment thresholds

As, Cd, Ni

B(a)P

As, Cd, Ni

B(a)P

0–749

1

1

1

1

750–1 999

2

2

1

1

2 000 –3 749

2

3

1

1

3 750 –4 749

3

4

2

2

4 750 –5 999

4

5

2

2

≥ 6 000

5

5

2

2

(b)   Point sources

For the assessment of pollution in the vicinity of point sources, the number of sampling points for fixed measurement should be determined taking into account emission densities, the likely distribution patterns of ambient air pollution and potential exposure of the population.

The sampling points should be sited such that the application of BAT as defined by Article 2(11) of Directive 96/61/EC can be monitored.

(1)  To include at least one urban-background station and for benzo(a)pyrene also one traffic-oriented station provided this does not increase the number of sampling points.

ANNEX IV

Data quality objectives and requirements for air quality models

I.   Data quality objectives

The following data quality objectives are provided as a guide to quality assurance.

 

Benzo(a)pyrene

Arsenic, cadmium and nickel

Polycyclic aromatic hydrocarbons other than benzo(a)pyrene, total gaseous mercury

Total deposition

— Uncertainty

 

 

 

 

Fixed and indicative measurements

50 %

40 %

50 %

70 %

Modelling

60 %

60 %

60 %

60 %

— Minimum data capture

90 %

90 %

90 %

90 %

— Minimum time coverage:

 

 

 

 

Fixed measurements

33 %

50 %

 

 

Indicative measurements (*1)

14 %

14 %

14 %

33 %

The uncertainty (expressed at a 95 % confidence level) of the methods used for the assessment of ambient air concentrations will be evaluated in accordance with the principles of the CEN Guide to the expression of uncertainty in measurement (ENV 13005-1999), the methodology of ISO 5725:1994, and the guidance provided in the CEN Report, ‘Air quality — Approach to uncertainty estimation for ambient air reference measurement methods’ (CR 14377:2002E). The percentages for uncertainty are given for individual measurements, which are averaged over typical sampling times, for a 95 % confidence interval. The uncertainty of the measurements should be interpreted as being applicable in the region of the appropriate target value. Fixed and indicative measurements must be evenly distributed over the year in order to avoid skewing of results.

The requirements for minimum data capture and time coverage do not include losses of data due to regular calibration or normal maintenance of the instrumentation. Twenty-four-hour sampling is required for the measurement of benzo(a)pyrene and other polycyclic aromatic hydrocarbons. With care, individual samples taken over a period of up to one month can be combined and analysed as a composite sample, provided the method ensures that the samples are stable for that period. The three congeners benzo(b)fluoranthene, benzo(j)fluoranthene, benzo(k)fluoranthene can be difficult to resolve analytically. In such cases they can be reported as sum. Twenty-four hour sampling is also advisable for the measurement of arsenic, cadmium and nickel concentrations. Sampling must be spread evenly over the weekdays and the year. For the measurement of deposition rates monthly, or weekly, samples throughout the year are recommended.

Member States may use wet only instead of bulk sampling if they can demonstrate that the difference between them is within 10 %. Deposition rates should generally be given as μg/m2 per day.

Member States may apply a minimum time coverage lower than indicated in the table, but not lower than 14 % for fixed measurements and 6 % for indicative measurements provided that they can demonstrate that the 95 % expanded uncertainty for the annual mean, calculated from the data quality objectives in the table according to ISO 11222:2002 — ‘Determination of the uncertainty of the time average of air quality measurements’ will be met.

II.   Requirements for air quality models

Where an air quality model is used for assessment, references to descriptions of the model and information on the uncertainty shall be compiled. The uncertainty for modelling is defined as the maximum deviation of the measured and calculated concentration levels, over a full year, without taking into account the timing of the events.

III.   Requirements for objective estimation techniques

Where objective estimation techniques are used, the uncertainty shall not exceed 100 %.

IV.   Standardisation

For substances to be analysed in the PM10 fraction, the sampling volume refers to ambient conditions.

(*1)  Indicative measurement being measurements which are performed at reduced regularity but fulfil the other data quality objectives.

ANNEX V

Reference methods for assessment of concentrations in ambient air and deposition rates

I.   Reference method for the sampling and analysis of arsenic, cadmium and nickel in ambient air

The reference method for the measurement of arsenic, cadmium and nickel concentrations in ambient air is currently being standardised by CEN and shall be based on manual PM10 sampling equivalent to EN 12341, followed by digestion of the samples and analysis by Atomic Absorption Spectrometry or ICP Mass Spectrometry. In the absence of a CEN standard method, Member States are allowed to use national standard methods or ISO standard methods.

A Member State may also use any other methods which it can demonstrate give results equivalent to the above method.

II.   Reference method for the sampling and analysis of polycyclic aromatic hydrocarbons in ambient air

The reference method for the measurement of benzo(a)pyrene concentrations in ambient air is currently being standardised by CEN and shall be based on manual PM10 sampling equivalent to EN 12341. In the absence of a CEN standard method, for benzo(a)pyrene or the other polycyclic aromatic hydrocarbons referred to in Article 4(8), Member States are allowed to use national standard methods or ISO methods such as ISO standard 12884.

A Member State may also use any other methods which it can demonstrate give results equivalent to the above method.

III.   Reference method for the sampling and analysis of mercury in ambient air

The reference method for the measurement of total gaseous mercury concentrations in ambient air shall be an automated method based on Atomic Absorption Spectrometry or Atomic Fluorescence Spectrometry. In the absence of a CEN standardised method, Member States are allowed to use national standard methods or ISO standard methods.

A Member State may also use any other methods which it can demonstrate give results equivalent to the above method.

IV.   Reference method for the sampling and analysis of the deposition of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons

The reference method for the sampling of deposited arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons shall be based on the exposition of cylindrical deposit gauges with standardised dimensions. In the absence of a CEN standardised method, Member States are allowed to use national standard methods.

V.   Reference air quality modelling techniques

Reference air quality modelling techniques cannot be specified at present. Any amendments to adapt this point to scientific and technical progress must be adopted in accordance with the procedure laid down in Article 6.

II Acts whose publication is not obligatory

Council

26.1.2005   

EN

Official Journal of the European Union

L 23/17

COUNCIL DECISION

of 22 December 2004

concerning the conclusion and the provisional application of the Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products

(2005/45/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2) and Article 300(4) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

The Council authorised the Commission to negotiate with the Swiss Confederation an Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products.

(2)

By Council Decision of 20 October 2004 (1), and subject to its conclusion at a later date, the Agreement was signed on behalf of the Community on 26 October 2004.

(3)

The Agreement provides for its provisional application pending its entry into force.

(4)

The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The position to be taken by the Community as regards decisions or recommendations of the Joint Committee that are based on Article 7 of Protocol 2 to the Agreement shall be laid down by the Commission.

Article 3

The President of the Council shall effect the notification provided for in Article 5(1) of the Agreement on behalf of the Community (2).

Article 4

In accordance with Article 5(2) of the Agreement and pending its entry into force, the Agreement shall be applied on a provisional basis from 1 February 2005, provided that the implementation measures as defined in Article 5(4) of Protocol 2 are adopted at the same time.

Article 5

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 22 December 2004.

For the Council

The President

C. VEERMANN

(1)  Not published in the Official Journal.

(2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

AGREEMENT

between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products

THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,

of the one part, and

THE SWISS CONFEDERATION, hereinafter referred to as ‘Switzerland’,

of the other part,

hereinafter together referred to as ‘the Contracting Parties’,

HAVING REGARD to the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 and to the Joint Declaration on further negotiations attached to the Final Acts of the Agreements between the European Communities and their Member States and the Swiss Confederation, signed in Luxembourg on 21 June 1999,

CONSIDERING that Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972, hereinafter referred to as ‘the Agreement’, should be updated in accordance with the results of the Uruguay Round and be adapted as regards product coverage,

CONSIDERING that the trade flows between Switzerland and the new Member States should be maintained after enlargement of the European Union,

DESIRING to improve reciprocal market access for processed agricultural products,

HAVING REGARD to the Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Swiss Confederation, of the other part, on Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation, of 17 March 2000,

HAVE AGREED AS FOLLOWS:

Article 1

The Agreement is hereby amended as follows:

1.

Annex I to the Agreement shall be replaced by the new Annex I which is attached to this Agreement as Annex 1.

2.

Protocol 2 to the Agreement shall replaced by the new Protocol 2, which is attached to this Agreement as Annex 2.

Article 2

The following agreements shall be repealed with effect from the entry into force of this Agreement:

—

Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Swiss Confederation, of the other part, on Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation, of 17 March 2000,

—

Exchange of letters between the European Commission and the Swiss Federal Administration on arrangements designed to improve transparency in the various price compensation measures applied by the European Community and Switzerland which affect trade in processed agricultural products covered by Protocol 2, of 29 November 1988.

Article 3

The Annexes to this Agreement, including tables and appendices to the tables and the appendix to Protocol 2, shall form an integral part hereof.

Article 4

1.   This Agreement shall apply, on the one hand, to the territories to which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Switzerland.

2.   This Agreement shall also apply to the territory of the Principality of Liechtenstein as long as the customs union with Switzerland is maintained.

Article 5

1.   This Agreement shall be approved by the Contracting Parties in accordance with their own procedures. It shall enter into force on the day following the day on which the Contracting Parties have notified each other of the completion of their internal procedures necessary to this end.

2.   Pending the completion of the ratification procedures referred to in paragraph 1, the Contracting Parties shall apply this Agreement from the first day of the fourth month following the date of the signature, provided that the implementing measures as defined in Article 5(4) of Protocol 2 are adopted at the same date.

Article 6

1.   This Agreement shall be drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak, Slovene, Spanish and Swedish languages, each text being equally authentic.

2.   The Maltese language version shall be authenticated by the Contracting Parties on the basis of an Exchange of Letters. It shall also be authentic, in the same way as for the languages referred to in paragraph 1.

IN WITNESS WHEREOF, the undersigned Plenipotentiaries, have hereunto set their hands.

Hecho en Luxemburgo, el veintiséis de octubre de dos mil cuatro.

V Lucemburku dne dvacátého šestého října dva tisíce čtyři.

Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.

Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendundvier.

Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis.

Έγινε στo Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα.

Done at Luxembourg on the twenty-sixth day of October in the year two thousand and four.

Fait à Luxembourg, le vingt-six octobre deux mille quatre.

Fatto a Lussemburgo, addì ventisei ottobre duemilaquattro.

Luksemburgā, divi tūkstoši ceturtā gada divdesmit sestajā oktobrī.

Priimta du tūkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge.

Kelt Luxembourgban, a kettőezer negyedik év október havának huszonhatodik napján.

Magħmula fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa.

Gedaan te Luxemburg, de zesentwintigste oktober tweeduizendvier.

Sporządzono w Luksemburgu w dniu dwudziestym szóstym października roku dwutysięcznego czwartego.

Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.

V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri.

V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoč štiri.

Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.

Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Eυρωπαϊκή Koινóτητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

Az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Za Európske spoločenstvo

Za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Image 1

Für die Schweizerische Eidgenossenschaft

Pour la Confédération suisse

Per la Confederazione svizzera

Image 2

ANNEX 1

‘ANNEX I

List of products referred to in Article 2(i) of the Agreement

HS code

Description

2905 43

– – Mannitol

2905 44

– – D-glucitol (sorbitol)

3501

Casein, caseinates and other casein derivatives; casein glues:

3501 10

– Casein

ex 3501 90

– Other:

– Other than casein glues

3502

Albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter), albuminates and other albumin derivatives:

– Egg albumin:

3502 11

– – Dried

3502 19

– – Other

3502 20

– Milk albumin, including concentrates of two or more whey proteins

3505

Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches

3809

Finishing agents, dye carriers to accelerate the dyeing or fixing or dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included:

3809 10

– With a basis of amylaceous substances

3823

Industrial monocarboxylic fatty acids; acid oils from refining; industrial fatty alcohols:

– Industrial monocarboxylic fatty acids; acid oils from refining:

3823 11

– – Stearic acid

3823 12

– – Oleic acid

3823 19

– – Other

3823 70

– Industrial fatty alcohols

3824 60

– Sorbitol other than that of subheading 2905 44

5301

Flax, raw or processed but not spun; flax tow and waste (including yarn waste and garnetted stock)

5302

True hemp (Cannabis sativa L.), raw or processed but not spun; tow and waste of true hemp (including yarn waste and garnetted stock)’

ANNEX 2

PROTOCOL 2

Concerning certain processed agricultural products

Article 1

General principles

1.   The provisions of the Agreement shall apply to products listed in Tables I and II unless otherwise specified in this Protocol.

2.   In particular, with respect to these products, the Contracting Parties may not levy customs duties on imports or charges having equivalent effect, including agricultural components, or grant export refunds or any refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect.

3.   The provisions of this Protocol shall likewise apply to the Principality of Liechtenstein until the application of Protocol 3 to the Agreement on the European Economic Area to the Principality of Liechtenstein.

Article 2

Application of price compensation measures

1.   In order to take account of differences in the cost of the agricultural raw materials used in the manufacture of the products specified in Table I, the Agreement does not preclude the application of price compensation measures to these products; that is the levying of agricultural components upon import and the granting of export refunds or the granting of refunds, remissions or non-payments, partial or complete of customs duties or charges having an equivalent effect.

2.   If a Contracting Party applies internal measures, which reduce the price of raw materials to processing industries, these measures shall be taken into account in the calculation of the price compensation amounts.

Article 3

Price compensation measures on imports

1.   Switzerland's basic amounts for the agricultural raw materials taken into consideration in calculating the agricultural components on imports shall neither exceed the difference between the Swiss domestic reference price and the Community's domestic reference price for the respective agricultural raw material nor the Swiss import duty actually applied for the agricultural raw material when imported as such.

2.   The Swiss import regime for products specified in Table I is laid down in Table IV.

3.   If the Swiss domestic reference price is lower than the Community's domestic reference price, the Community may introduce the price compensation measures as laid down in Article 2 that is the levying of agricultural components upon import, in accordance with Regulation (EC) No 1460/96 as subsequently amended.

Article 4

Price compensation measures on exports

1.   The Swiss export refunds or refunds, remissions or non-payments, partial or complete, of customs duties or charges having an equivalent effect for exports to the Community for products listed in Table I shall not exceed the difference between the Swiss domestic reference price and the Community's domestic reference price for the agricultural raw materials used in the manufacture of these products multiplied by the quantities actually used. If the Swiss domestic reference price is equal or lower than the Community's domestic reference price, the Swiss export refund or refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect shall be zero.

2.   If the Swiss domestic reference price is lower than the Community's domestic reference price, the Community may introduce the price compensation measures as laid down in Article 2 that is the granting of export refunds, in accordance with Regulation (EC) No 1520/2000 as subsequently amended, or the granting of refunds, remissions or non-payments, partial or complete of customs duties or charges having an equivalent effect.

3.   For sugar (HS headings 1701, 1702 and 1703) used in the manufacture of products listed in Table I and Table II the Contracting Parties may not grant any export refunds or any refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect.

Article 5

Reference prices

1.   The Community and Swiss domestic reference prices for agricultural raw materials mentioned in Articles 3 and 4 are listed in Table III.

2.   The Contracting Parties shall periodically, at least once every year, provide to the Joint Committee the domestic reference prices of all raw materials for which price compensation measures are applied. The domestic reference prices, which are provided, shall reflect the actual price situation in the territory of the Contracting Party. They shall be the prices normally paid at the wholesale or the manufacturing stage by processing industries. If an agricultural raw material is available to the processing industry, or to a part of it, at a price lower than the one otherwise ruling on the domestic market, the domestic reference prices provided shall be adjusted accordingly.

3.   The Joint Committee shall fix the domestic reference prices and the price differences, for agricultural raw materials listed in Table III on the basis of the information provided by the services of the European Commission and the Swiss Federal Administration. If necessary for the preservation of the relative preferential margins, the basic amounts of the agricultural raw materials listed in Table IV shall be adapted.

4.   The Joint Committee shall review the domestic prices for agricultural raw materials mentioned in Articles 3 and 4 that are listed in Table III prior to the application of this Protocol.

Article 6

Special provision on administrative cooperation

Special provisions on administrative cooperation are laid down in the Appendix to this Protocol.

Article 7

Amendments

The Joint Committee may decide to amend the tables, the appendices to the tables and the Appendix attached to this Protocol.

TABLE I

Products subject to price compensation measures

HS heading

Description of products

0403

Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa:

.10

– Yogurt:

ex .10

– – Flavoured or containing added fruit, nuts or cocoa

.90

– Other:

ex .90

– – Flavoured or containing added fruit, nuts or cocoa

0405

Butter and other fats and oils derived from milk; dairy spreads:

.20

– Dairy spreads:

ex .20

– Of a fat content, by weight, of 39 % or more but less than 75 %

1517

Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516 :

.10

– Margarine, excluding liquid margarine:

ex .10

– – Containing more than 10 % but not more than 15 % by weight of milk fats

.90

– Other:

ex .90

– – Containing more than 10 % but not more than 15 % by weight of milk fats

1704

Sugar confectionery (including white chocolate), not containing cocoa:

1806

Chocolate and other food preparations containing cocoa:

1901

Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa powder or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404 , not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included:

1902

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared:

1904

Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included:

1905

Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products:

2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006 :

.10

– Potatoes:

ex .10

– – In the form of flour, meal or flakes

2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 :

.20

– Potatoes:

ex .20

– In the form of flour, meal or flakes

2008

Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included:

– Nuts, ground-nuts and other seeds, whether or not mixed together:

.11

– – Ground-nuts:

ex .11

– – – Peanut butter

2101

Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:

– Extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:

.12

– – Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:

ex .12

– – – Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch

.20

– Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté:

ex .20

– Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch

2103

Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard:

.20

– Tomato ketchup and other tomato sauces

.90

– Other:

ex .90

– – Other than mango chutney, liquid

2104

Soups and broths and preparations therefor; homogenised composite food preparations

2105

Ice cream and other edible ice, whether or not containing cocoa:

2106

Food preparations not elsewhere specified or included:

.10

– Protein concentrates and textured protein substances:

ex .10

– – Containing more than 1 % milk fats, 1 % other fats or more than 5 % sugars

.90

– Other

2208

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages:

ex .90

– Other than undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol and other than concentrated grape juice containing added spirit

3501

Casein, caseinates and other casein derivatives; casein glues

.10

– Casein

.90

– Other:

ex .90

– – Other than casein glues

TABLE II

Free-trade products

HS heading

Description of products

0501

Human hair, unworked, whether or not washed or scoured; waste of human hair

0502

Pigs', hogs' or boars' bristles and hair; badger hair and other brush making hair; waste of such bristles or hair:

0503

Horsehair and horsehair waste, whether or not put up as a layer with or without supporting material

0505

Skins and other parts or birds, with their feathers or down, feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation; powder and waste of feathers or parts of feathers

10

– Feathers of a kind used for stuffing; down

ex 90

– Other (other than for feed purposes)

0506

Bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised; powder and waste of these products

0507

Ivory, tortoiseshell, whalebone and whalebone hair, horns, antlers, hooves, nails, claws and beaks, unworked or simply prepared but not cut to shape; powder and waste of these products

0508

Coral and similar materials, unworked or simply prepared but not otherwise worked; shells of molluscs, crustaceans or echinoderms and cuttle-bone, unworked or simply prepared but not cut to shape, powder and waste thereof:

ex 00

– Other (than for feed purposes)

0509

Natural sponges of animal origin:

0510

Ambergris, castoreum, civet and musk; cantharides; bile, whether or not dried; glands and other animal products used in the preparation of pharmaceutical products, fresh, chilled, frozen or otherwise provisionally preserved

0710

Vegetables, frozen:

40

– Sweet corn (Zea mays var. saccharata)

0711

Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption:

90

– Other vegetables; mixtures of vegetables:

ex 90

– – Sweet corn (Zea mays var. saccharata)

0901

Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion:

0902

Tea, whether or not flavoured:

0903

Maté

1212

Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included:

ex 20

– Seaweeds and other algae (other than for feed purposes)

1302

Vegetables saps and extracts; pectic substances, pectinates and pectates; agar-agar and other mucilages and thickeners, whether or not modified, derived from vegetable products:

1401

Vegetable materials of a kind used primarily for plaiting (for example bamboos, rattans, reeds, rushes, osier, raffia, cleaned, bleached or dyed cereal straw, and lime bark):

1402

Vegetable materials of a kind used primarily as stuffing or as padding (for example kapok, vegetable hair and eelgrass), whether or not put up as a layer with or without supporting material

1403

Vegetable materials of a kind used primarily in brooms or in brushes (for example broomcorn piassava, couch grass and istle), whether or not in hanks or bundles

1404

Vegetable products not elsewhere specified or included:

10

– Raw vegetable materials of a kind used primarily in dyeing and tanning

20

– Cotton linters

ex 90

– Other (other than for feed purposes)

1505

Wool grease and fatty substances derived therefrom (including lanolin):

ex 00

– Other (than for feed purposes)

1516

Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared:

20

– Vegetable fats and oils and their fractions:

ex 20

– – Hydrogenated caster oil, so called ‘opal-wax’

1517

Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516 :

90

– Other:

ex 90

– – Edible mixtures or preparations of a kind used as mould release preparations

1518

Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas otherwise chemically modified, excluding those of heading 1516 ; inedible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, not elsewhere specified or included:

ex 00

– Linoxyn

1520

Glycerol, crude; glycerol waters and glycerol lyes

1521

Vegetable waxes (other than triglycerides), beeswax, other insect waxes and spermaceti, whether or not refined or coloured

1522

Degras; residues resulting from the treatment of fatty substances or animal or vegetable waxes

1702

Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel:

50

– Chemically pure fructose

90

– Other, including invert sugar and other sugar syrup blends containing in the dry state 50 % by weight of fructose:

ex 90

– – Chemically pure maltose (other than for feed purposes)

1803

Cocoa paste, whether or not defatted:

1804

Cocoa butter, fat and oil

1805

Cocoa powder, not containing added sugar or other sweetening matter

1903

Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar forms

2001

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid:

90

– Other:

ex 90

– – Sweet corn (Zea mays var. saccharata); palm hearts; yams, sweet potatoes and similar edible parts of plants of heading 0714

2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006 :

90

– Other vegetables and mixtures of vegetables:

ex 90

– – Sweet corn (Zea mays var. saccharata)

2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 :

80

– Sweet corn (Zea mays var. saccharata)

2006

Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised):

ex 00

– Sweet corn (Zea mays var. saccharata)

2007

Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking, whether or not containing added sugar or other sweetening matter:

2008

Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included:

– Nuts, ground-nuts and other seeds, whether or not mixed together:

11

– – Ground-nuts:

ex 11

– – – Ground nuts, roasted

– Other, including mixtures other than those of subheading 2008 19 :

91

– – Palm Hearts

99

– – Other:

ex 99

– – – Maize (corn), other than sweet corn (Zea mays var. saccharata)

2101

Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:

– Extracts, essences and concentrates, of coffee, and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:

11

– – Extracts, essences and concentrates:

12

– – Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:

ex 12

– – – Containing no milk fats, milk proteins, sucrose, isoglucose, glucose or starch or containing by weight less than 1,5 % milk fat, 2,5 % milk proteins, 5 % sucrose or isoglucose 5 % glucose or starch

20

– Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté:

ex 20

– – Containing no milk fats, milk proteins, sucrose, isoglucose, glucose or starch or containing by weight less than 1,5 % milk fat, 2,5 % milk proteins, 5 % sucrose or isoglucose, 5 % glucose or starch

30

– Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:

2102

Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading 3002 ); prepared baking powders:

ex 10

– Active yeasts (other than bakers' yeast and other than for feeding purposes)

ex 20

– Inactive yeasts; other single-cell micro-organisms, dead (other than for feed purposes)

30

– Prepared baking powders

2103

Sauces and preparations therefor; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard:

10

– Soya sauce

30

– Mustard flour and meal and prepared mustard:

ex 30

– – Mustard flour and meal other than for feed purposes; prepared mustard

90

– Other:

ex 90

– – Mango chutney, liquid

2106

Food preparations not elsewhere specified or included:

10

– Protein concentrates and textured protein substances:

ex 10

– – Other than containing more than 1 % milk fats, 1 % other fats or more than 5 % sugars

2201

Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter not flavoured; ice and snow

2202

Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009 :

10

– Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured

ex 90

– Other than fruit juice or vegetable juice diluted with water or aerated

2203

Beer made from malt:

2205

Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances:

2207

Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol or higher; ethyl alcohol and other spirits, denatured, of any strength:

2208

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages:

20

– Spirits obtained by distilling grape wine or grape marc:

30

– Whiskies:

40

– Rum and tafia:

50

– Gin and Geneva:

60

– Vodka:

70

– Liqueurs and cordials:

2209

Vinegar and substitutes for vinegar obtained from acetic acid:

TABLE III

EC and Swiss domestic reference prices (4)

Agricultural raw material

Swiss domestic reference price

CHF per 100 kg net

EC domestic reference price

CHF per 100 kg net

Difference Swiss/EC reference price

CHF per 100 kg net

Common wheat

64,00

19,45

44,55

Durum wheat

43,22

28,46

14,76

Rye

58,00

15,98

42,02

Barley

32,46

11,81

20,65

Maize

38,97

18,87

20,10

Common wheat flour

105,88

27,23

78,65

Whole-milk powder

607,00

382,77

224,23

Skimmed-milk powder

481,04

295,49

185,55

Butter

922,00

336,10  (1)/455,20

466,80 /585,90  (1)

Sugar (HS headings 1701 , 1702 and 1703 )

–

–

0,00

Eggs (2)

250,75

186,70

64,05

Fresh potatoes

42,00

21,14

20,86

Vegetable fat (3)

360,00

147,25

212,75

TABLE IV

Swiss Import Regime

(a)

The customs duty for the products listed in the Appendix to this Table is an agricultural component calculated on the basis of the net mass. The standard recipes are specified in the Appendix.

(b)

For products listed in the Appendix the following basic amounts for agricultural raw materials are taken into account for the calculation of the agricultural components:

Agricultural raw material

Applied basic amount as from the entry into force

Applied basic amount as from three years after the entry into force

CHF per 100 kg net

CHF per 100 kg net

Common wheat

40,00

38,00

Durum wheat

13,00

12,00

Rye

37,00

36,00

Barley

18,00

18,00

Maize

18,00

18,00

Common wheat flour

70,00

67,00

Whole-milk powder

201,00

191,00

Skimmed-milk powder

167,00

158,00

Butter

466,00

466,00

Sugar (HS headings 1701 , 1702 and 1703 )

00,00

00,00

Eggs

36,00

36,00

Fresh potatoes

18,00

18,00

Vegetable fat

191,00

181,00

(c)

The customs duty for the products listed in the table below is zero.

Swiss tariff heading

Comments

1901.9099

 

1904.9020

 

1905.9040

 

2103.2000

 

ex 2103.9000

Other than mango chutney, liquid

2104.1000

 

2106.9010

 

2106.9024

 

2106.9029

 

2106.9030

 

2106.9040

 

2106.9099

 

2208.9099

 

(d)

As from the application of this Protocol the customs duties for the products listed in the table below are reduced to zero in three equal yearly steps.

Swiss tariff heading

Applied duty as from the entry into force

Applied duty as from one year after the entry into force

Applied duty as from two years after the entry into force

CHF per 100 kg gross

CHF per 100 kg gross

CHF per 100 kg gross

2208.9021

27,30

13,70

00,00

2208.9022

46,70

23,30

00,00

(e)

The tariff headings set out in this Table refer to those applicable in Switzerland on 1 January 2002. Notwithstanding Article 12bis of the Agreement, the terms of this Table will not be affected by any changes that may be made in the tariff nomenclature.

(1)  For products benefiting from the aid for butter granted under Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs.

(2)  Derived from the prices for liquid birds' eggs, not in shell multiplied by factor 0,85.

(3)  Prices for vegetable fats (for the baking and food industry) with 100 % fat content.

(4)  The EC and Swiss domestic reference prices for agricultural raw materials mentioned in Articles 3 and 4 that are listed in Table III are based on data of 1 January 2002. They shall be reviewed by the Joint Committee prior to the application of this Protocol.

Appendix to Table IV

Swiss standard recipes

The standard recipes referred to in Table IV, paragraph a (Swiss Import Regime) used in the calculation of the agricultural components are specified in the table below.

Swiss tariff heading

Comments

Common wheat

Durum wheat

Rye

Barley

Maize

Common wheat flour

Whole-milk powder

Skimmed-milk powder

Butter

Sugar

Eggs

Fresh potatoes

Vegetable fat

Kg of raw material per 100 kg net of finished product

0403.1010

 

 

 

 

 

 

 

6

8

 

20

 

 

 

0403.1020

 

 

 

 

 

 

 

10

8

 

15

 

 

 

0403.9031

 

 

 

 

 

 

 

20

 

18

 

 

 

 

0403.9041

 

 

 

 

 

 

 

10

8

 

 

 

 

 

0403.9049

 

 

 

 

 

 

 

10

8

 

 

 

 

 

0403.9061

 

 

 

 

 

 

 

20

 

20

15

 

 

 

ex 0403.9071

Containing more than 1 % but not more than 3 % by weight of milk fat

 

 

 

 

 

 

8

12

 

15

 

 

 

ex 0403.9071

Containing more than 3 % by weight of milk fat

 

 

 

 

 

 

15

12

 

15

 

 

 

ex 0405.2010

Of a fat content, by weight, of 39 % or more but less than 75 %

 

 

 

 

 

 

 

6

85

9

 

 

 

ex 0405.2090

Of a fat content, by weight, of 39 % or more but less than 75 %

 

 

 

 

 

 

 

6

85

9

 

 

 

ex 1517.1010

Containing more than 10 % but not more than 15 % by weight of milk fat

 

 

 

 

 

 

 

 

15

 

 

 

80

ex 1517.1061

Containing more than 10 % but not more than 15 % by weight of milk fat

 

 

 

 

 

 

 

 

15

 

 

 

80

ex 1517.1069

Containing more than 10 % but not more than 15 % by weight of milk fat

 

 

 

 

 

 

 

 

15

 

 

 

80

ex 1517.1071

Containing more than 10 % but not more than 15 % by weight of milk fat

 

 

 

 

 

 

 

 

15

 

 

 

40

ex 1517.1079

Containing more than 10 % but not more than 15 % by weight of milk fat

 

 

 

 

 

 

 

 

15

 

 

 

40

ex 1517.1081

Containing more than 10 % but not more than 15 % by weight of milk fat

 

 

 

 

 

 

 

 

15

 

 

 

25

ex 1517.1089

Containing more than 10 % but not more than 15 % by weight of milk fat

 

 

 

 

 

 

 

 

15

 

 

 

25

ex 1517.1091

Containing more than 10 % but not more than 15 % by weight of milk fat

 

 

 

 

 

 

 

 

15

 

 

 

10

ex 1517.1099

Containing more than 10 % but not more than 15 % by weight of milk fat

 

 

 

 

 

 

 

 

15

 

 

 

10

ex 1517.9010

Containing more than 10 % but not more than 15 % by weight of milk fat

 

 

 

 

 

 

 

 

15

 

 

 

85

ex 1517.9061

Containing more than 10 % but not more than 15 % by weight of milk fat

 

 

 

 

 

 

 

 

15

 

 

 

85

ex 1517.9069

Containing more than 10 % but not more than 15 % by weight of milk fat

 

 

 

 

 

 

 

 

15

 

 

 

85

1704.1010

 

 

 

 

 

16

 

 

 

 

74

 

 

 

1704.1020

 

 

 

 

 

32

 

 

 

 

65

 

 

 

1704.1030

 

 

 

 

 

40

 

 

 

 

52

 

 

 

1704.9010

 

 

 

 

 

 

 

20

 

 

45

 

 

 

1704.9020

 

 

 

 

 

21

 

 

 

 

53

 

 

 

1704.9031

 

 

 

 

 

16

 

 

 

 

40

 

 

 

1704.9032

 

 

 

 

 

16

 

 

 

 

10

 

 

 

1704.9041

 

 

 

 

 

24

 

 

 

 

80

 

 

 

1704.9042

 

 

 

 

 

56

 

 

 

 

60

 

 

 

1704.9043

 

 

 

 

 

72

 

 

 

 

37

 

 

 

1704.9050

 

 

 

 

 

61

 

 

 

 

46

 

 

10

1704.9060

 

 

 

 

 

61

 

11

 

 

45

 

 

 

1704.9091

 

 

 

 

 

 

 

 

 

 

80

 

 

 

1704.9092

 

 

 

 

 

 

 

 

 

 

60

 

 

 

1704.9093

 

 

 

 

 

 

 

 

 

 

40

 

 

 

1806.1010

 

 

 

 

 

 

 

 

 

 

90

 

 

 

1806.1020

 

 

 

 

 

 

 

 

 

 

60

 

 

 

1806.2011

 

 

 

 

 

 

 

 

 

105

 

 

 

 

1806.2012

 

 

 

 

 

 

 

 

 

85

15

 

 

 

1806.2013

 

 

 

 

 

 

 

 

 

45

30

 

 

 

1806.2014

 

 

 

 

 

 

 

70

 

 

10

 

 

 

1806.2015

 

 

 

 

 

 

 

25

 

 

55

 

 

 

1806.2019

 

 

 

 

 

 

 

 

70

 

10

 

 

 

1806.2091

 

 

 

 

 

 

 

28

 

 

50

 

 

 

1806.2092

 

 

 

 

 

 

 

20

 

 

50

 

 

 

1806.2093

 

 

 

 

 

 

 

11

 

 

55

 

 

 

ex 1806.2094

Containing more than 15 % by weight of fat

 

 

 

 

 

 

 

 

 

55

 

 

20

ex 1806.2094

Containing not more than 15 % by weight of fat

 

 

 

 

 

 

 

 

 

55

 

 

8

ex 1806.2095

Containing more than 15 % by weight of fat

 

 

 

 

 

 

6

8

 

45

 

 

20

ex 1806.2095

Containing more than 2 % but not more than 15 % by weight of fat

 

 

 

 

 

 

6

8

 

45

 

 

8

1806.2096

 

 

 

 

 

 

 

6

8

 

45

 

 

 

ex 1806.2097

Containing more than 20 % by weight of fat

 

 

 

 

 

 

 

 

 

45

 

 

30

ex 1806.2097

Containing more than 2 % but not more than 20 % by weight of fat

 

 

 

 

 

 

 

 

 

45

 

 

10

1806.2099

 

 

 

 

 

 

 

 

 

 

55

 

 

 

1806.3111

 

 

 

 

 

 

 

12

2

 

40

 

 

5

1806.3119

 

 

 

 

 

 

 

6

8

 

45

 

 

 

1806.3121

 

 

 

 

 

 

 

 

 

 

45

 

 

15

1806.3129

 

 

 

 

 

 

 

 

 

 

55

 

 

 

1806.3211

 

 

 

 

 

 

 

28

 

 

50

 

 

 

1806.3212

 

 

 

 

 

 

 

17

 

 

50

 

 

 

1806.3213

 

 

 

 

 

 

 

9

 

 

55

 

 

 

1806.3290

 

 

 

 

 

 

 

 

 

 

55

 

 

 

ex 1806.9011

Containing more than 15 % by weight of fat

 

 

 

 

 

 

6

8

 

45

 

 

17

ex 1806.9011

Containing more than 8 % but not more than 15 % by weight of fat

 

 

 

 

 

 

6

8

 

45

 

 

12

ex 1806.9011

Containing more than 2 % but not more than 8 % by weight of fat

 

 

 

 

 

 

6

8

 

45

 

 

6

1806.9019

 

 

 

 

 

 

 

6

8

 

45

 

 

 

ex 1806.9021

Containing more than 15 % by weight of fat

 

 

 

 

 

 

 

 

 

45

 

 

17

ex 1806.9021

Containing more than 8 % but not more than 15 % by weight of fat

 

 

 

 

 

 

 

 

 

45

 

 

12

ex 1806.9021

Containing more than 2 % but not more than 8 % by weight of fat

 

 

 

 

 

 

 

 

 

45

 

 

6

1806.9029

 

 

 

 

 

 

 

 

 

 

55

 

 

 

1901.1011

 

 

 

 

 

 

30

50

 

 

20

 

 

 

ex 1901.1012

Containing more than 3 % but not more than 6 % by weight of milk fat

 

 

 

 

 

40

15

18

 

20

 

 

4

ex 1901.1012

Containing more than 6 % but not more than 12 % by weight of milk fat

 

 

 

 

 

40

25

10

 

20

 

 

4

ex 1901.1013

Containing more than 1 % but not more than 1,5 % by weight of milk fat

 

 

 

 

 

40

4

18

 

20

 

 

4

ex 1901.1013

Containing more than 1,5 % but not more than 3 % by weight of milk fat

 

 

 

 

 

40

10

18

 

20

 

 

4

1901.1021

 

 

30

 

 

 

55

 

 

 

18

 

 

 

1901.1022

 

 

 

 

 

35

65

 

 

 

 

 

 

 

1901.2011

 

 

 

 

 

 

50

 

10

 

 

8

 

5

1901.2012

 

 

 

 

 

 

50

 

10

 

 

8

 

5

1901.2018

 

 

 

 

 

 

50

 

10

 

 

8

 

5

1901.2019

 

 

 

 

 

 

50

 

10

 

 

8

 

5

1901.2081

 

 

 

 

 

 

55

5

 

40

 

 

 

 

1901.2082

 

 

 

 

 

 

70

10

 

20

 

 

 

 

ex 1901.2083

Containing more than 1 % but not more than 3 % by weight of milk fat

 

 

 

 

 

52

6

 

1

15

8

 

5

ex 1901.2083

Containing more than 3 % but not more than 6 % by weight of milk fat

 

 

 

 

 

52

8

 

4

15

8

 

5

ex 1901.2083

Containing more than 6 % but not more than 12 % by weight of milk fat

 

 

 

 

 

52

10

 

10

15

8

 

5

1901.2091

 

 

 

 

 

 

50

 

 

50

 

 

 

 

1901.2092

 

 

 

 

 

 

50

 

 

22

25

 

 

 

ex 1901.2093

Containing more than 1 % but not more than 3 % by weight of milk fat

 

 

 

 

 

55

 

 

3

20

 

 

10

ex 1901.2093

Containing more than 3 % but not more than 6 % by weight of milk fat

 

 

 

 

 

55

 

 

6

20

 

 

10

ex 1901.2093

Containing more than 6 % but not more than 12 % by weight of milk fat

 

 

 

 

 

55

 

 

12

20

 

 

10

1901.2099

 

 

 

 

 

 

75

 

 

5

20

 

 

 

1901.9011

 

 

 

 

 

 

60

 

5

 

 

2

 

5

1901.9012

 

 

 

 

 

 

60

 

5

 

 

2

 

5

1901.9018

 

 

 

 

 

 

60

 

5

 

 

2

 

5

1901.9019

 

 

 

 

 

 

60

 

5

 

 

2

 

5

1901.9021

 

 

 

 

166

 

 

 

 

 

 

 

 

 

1901.9022

 

 

 

 

140

 

 

 

 

 

 

 

 

 

1901.9031

 

 

 

 

 

 

10

25

 

100

 

 

 

 

1901.9032

 

 

 

 

 

 

15

25

 

70

 

 

 

 

1901.9033

 

 

 

 

 

 

 

25

 

40

30

 

 

 

1901.9034

 

 

 

 

 

 

5

85

 

 

10

 

 

 

1901.9035

 

 

 

 

 

 

5

40

 

 

55

 

 

 

1901.9036

 

 

 

 

 

 

50

4

40

 

10

 

 

 

1901.9037

 

 

 

 

 

 

50

 

40

 

10

 

 

 

1901.9041

 

 

 

 

 

 

15

25

 

60

 

 

 

 

1901.9042

 

 

 

 

 

 

15

40

 

40

 

 

 

10

1901.9043

 

 

 

 

 

 

 

 

 

40

 

 

 

 

1901.9044

 

 

 

 

 

 

 

40

 

10

 

 

 

 

1901.9045

 

 

 

 

 

 

 

 

 

10

 

 

 

 

1901.9046

 

 

 

 

 

 

 

12

 

 

15

 

 

 

1901.9047

 

 

 

 

 

 

 

 

20

 

15

 

 

 

1901.9081

 

 

 

 

 

 

45

5

 

50

 

 

 

 

1901.9082

 

 

 

 

 

 

50

15

 

20

15

 

 

 

1901.9089

 

 

 

 

 

 

54

10

8

 

15

8

 

5

1901.9091

 

 

 

 

 

 

35

 

 

60

5

 

 

 

1901.9092

 

 

 

 

 

 

50

 

 

22

25

 

 

 

1901.9093

 

 

 

 

 

15

55

 

 

 

20

 

 

20

1901.9094

 

 

 

 

 

30

60

 

 

 

20

 

 

 

1901.9095

 

 

 

 

 

 

 

 

 

 

20

 

 

5

1901.9096

 

 

 

 

 

 

 

 

 

 

20

8

30

 

ex 1902.1100

Not containing common wheat, rye, barley, maize nor potatoes; other than for feed purposes

 

145

 

 

 

 

 

 

 

 

15

 

 

ex 1902.1100

Others

30

115

 

 

 

 

 

 

 

 

15

 

 

ex 1902.1900

Not containing common wheat, rye, barley, maize nor potatoes; other than for feed purposes

 

160

 

 

 

 

 

 

 

 

 

 

 

ex 1902.1900

Others

30

130

 

 

 

 

 

 

 

 

 

 

 

1902.2000

 

 

60

 

 

 

 

 

 

 

 

20

 

10

1902.3000

 

 

60

 

 

 

 

 

 

 

 

20

 

10

ex 1902.4010

For human consumption

 

160

 

 

 

 

 

 

 

 

 

 

 

ex 1902.4010

Others

30

130

 

 

 

 

 

 

 

 

 

 

 

1902.4090

 

 

60

 

 

 

 

 

 

 

 

20

 

10

1904.1010

 

25

 

 

 

15

5

 

 

 

13

 

 

5

1904.1090

 

 

 

 

 

110

 

 

 

 

20

 

 

 

1904.2000

 

35

 

5

5

3

 

 

2

 

6

 

 

 

1904.3000

 

 

120

 

 

 

 

 

 

 

 

 

 

 

1904.9010

 

 

80

 

 

 

 

 

 

 

 

 

 

 

1904.9090

 

 

100

 

 

 

 

 

 

 

 

 

 

5

1905.1010

 

 

 

136

 

 

 

 

 

 

 

 

 

 

1905.1020

 

 

 

125

 

 

 

 

 

 

10

 

 

 

ex 1905.2010

Containing more than 1 % but not more than 3 % by weight of milk fat

 

 

 

 

 

35

 

 

3

25

 

 

 

ex 1905.2010

Containing more than 3 % but not more than 9 % by weight of milk fat

 

 

 

 

 

35

 

 

8

25

 

 

 

ex 1905.2010

Containing more than 9 % by weight of milk fat

 

 

 

 

 

35

 

 

10

25

 

 

 

1905.2020

 

 

 

 

 

 

35

 

 

 

25

 

 

15

1905.2030

 

 

 

 

 

 

50

 

 

 

25

 

 

 

ex 1905.3110

Containing more than 1 % but not more than 3 % by weight of milk fat

 

 

 

 

 

50

 

 

3

20

 

 

12

ex 1905.3110

Containing more than 3 % but not more than 6 % by weight of milk fat

 

 

 

 

 

50

 

 

6

20

 

 

9

ex 1905.3110

Containing more than 6 % but not more than 15 % by weight of milk fat

 

 

 

 

 

50

 

 

15

20

 

 

3

ex 1905.3110

Containing more than 15 % by weight of milk fat

 

 

 

 

 

50

 

 

20

20

 

 

 

ex 1905.3190

Containing more than 1 % but not more than 3 % by weight of fat

 

 

 

 

 

50

 

 

 

20

 

 

2,5

ex 1905.3190

Containing more than 3 % but not more than 6 % by weight of fat

 

 

 

 

 

50

 

 

 

20

 

 

5

ex 1905.3190

Containing more than 6 % but not more than 15 % by weight of fat

 

 

 

 

 

50

 

 

 

20

 

 

13

ex 1905.3190

Containing more than 15 % by weight of fat

 

 

 

 

 

50

 

 

 

20

 

 

20

1905.3210

 

 

 

 

 

 

95

 

 

 

 

 

 

 

1905.3220

 

 

 

 

 

 

40

 

 

 

20

 

 

25

1905.4010

 

 

 

 

 

 

90

 

 

 

 

 

 

5

1905.4021

 

 

 

 

 

 

80

 

 

 

5

 

 

5

1905.4029

 

 

 

 

 

 

40

 

 

 

25

 

 

15

1905.9021

 

 

 

 

 

 

105

 

 

 

 

 

 

 

1905.9025

 

 

 

 

 

 

105

 

 

 

 

 

 

 

1905.9029

 

 

 

 

16

 

95

 

 

 

 

 

 

 

1905.9031

 

 

 

 

 

 

110

 

 

 

 

 

 

 

1905.9032

 

 

 

 

 

 

105

 

 

 

 

 

 

 

1905.9039

 

 

 

 

16

 

95

 

 

 

 

 

 

 

1905.9071

 

 

 

 

 

 

50

 

10

 

 

8

 

5

1905.9072

 

 

 

 

 

 

50

 

10

 

 

8

 

5

1905.9078

 

 

 

 

 

 

50

 

10

 

 

8

 

5

1905.9079

 

 

 

 

 

 

50

 

10

 

 

8

 

5

1905.9091

 

 

 

 

 

 

5

 

 

 

 

 

370

35

1905.9092

 

 

 

 

 

 

85

 

 

 

 

 

 

10

1905.9093

 

 

 

 

 

 

35

 

 

8

25

8

 

 

ex 1905.9094

Breadcrumbs

 

 

 

 

 

105

 

 

 

 

 

 

 

ex 1905.9094

Other than breadcrumbs

 

 

 

 

 

35

 

 

 

25

8

 

15

ex 1905.9095

Breadcrumbs

 

 

 

 

 

105

 

 

 

 

 

 

 

ex 1905.9095

Other than breadcrumbs

 

 

 

 

 

50

 

 

 

25

 

 

 

ex 2004.1011

In form of flour, meal or flakes

 

 

 

 

 

 

 

5

 

 

 

570

 

ex 2004.1019

In form of flour, meal or flakes

 

 

 

 

 

 

 

5

 

 

 

570

 

ex 2004.1091

In form of flour, meal or flakes

 

 

 

 

 

 

 

5

 

 

 

570

 

ex 2004.1099

In form of flour, meal or flakes

 

 

 

 

 

 

 

5

 

 

 

570

 

2005.2011

 

 

 

 

 

 

 

 

5

 

 

 

570

 

2005.2012

 

 

 

 

 

 

 

2

 

 

 

8

410

2

2008.1110

 

 

 

 

 

 

 

 

 

 

 

 

 

25

ex 2101.1210

Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch

 

 

 

 

 

 

20

 

 

45

 

 

15

ex 2101.1290

Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch

 

 

 

 

 

 

10

 

 

35

 

 

10

ex 2101.2010

Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch

 

 

 

 

 

 

20

 

 

55

 

 

 

ex 2101.2090

Containing by weight 1,5 % or more milk fat, 2,5 % or more milk proteins, 5 % or more sugar or 5 % or more starch

 

 

 

 

 

 

10

 

 

35

 

 

 

2104.2000

 

 

 

 

 

 

5

 

 

 

 

 

40

3

ex 2105.0000

Containing no milk fats or containing not more than 3 % by weight of milk fats, containing no other fats or containing not more than 3 % by weight of other fats

 

 

 

 

 

 

 

10

 

20

 

 

 

ex 2105.0000

Containing no milk fats or containing not more than 3 % by weight of milk fats, containing more than 3 % but not more than 10 % by weight of other fats

 

 

 

 

 

 

 

10

 

20

 

 

7

ex 2105.0000

Containing no milk fats or containing not more than 3 % by weight of milk fats, containing more than 10 % by weight of other fats

 

 

 

 

 

 

 

10

 

20

 

 

13

ex 2105.0000

Containing more than 3 % but not more than 7 % by weight of milk fats

 

 

 

 

 

 

 

10

7

20

 

 

 

ex 2105.0000

Containing more than 7 % but not more than 10 % by weight of milk fats

 

 

 

 

 

 

 

10

11

20

 

 

 

ex 2105.0000

Containing more than 10 % but not more than 13 % by weight of milk fats

 

 

 

 

 

 

 

10

14

20

 

 

 

ex 2105.0000

Containing more than 13 % by weight of milk fats

 

 

 

 

 

 

 

10

19

20

 

 

 

2106.1011

 

 

 

 

 

10

 

12

10

 

10

 

 

5

2106.9021

 

 

 

 

 

 

 

 

 

 

75

 

 

 

2106.9022

 

 

 

 

 

 

 

 

 

 

55

 

 

 

2106.9023

 

 

 

 

 

 

 

 

 

 

45

 

 

 

2106.9070

 

 

 

 

 

 

15

1

 

5

 

5

 

5

2106.9081

 

 

 

 

 

 

 

 

 

100

10

 

 

 

ex 2106.9085

Containing more than 20 % but not more than 35 % by weight of milk fat

 

 

 

 

 

 

 

 

35

 

 

 

40

ex 2106.9085

Containing more than 35 % but not more than 50 % by weight of milk fat

 

 

 

 

 

 

 

 

50

 

 

 

40

ex 2106.9086

Containing more than 20 % but not more than 35 % by weight of milk fat

 

 

 

 

 

 

 

 

35

 

 

 

 

ex 2106.9086

Containing more than 35 % but not more than 50 % by weight of milk fat

 

 

 

 

 

 

 

 

50

 

 

 

 

ex 2106.9087

Containing more than 3 % but not more than 6 % by weight of milk fat

 

 

 

 

 

 

10

 

6

5

 

 

30

ex 2106.9087

Containing more than 6 % but not more than 12 % by weight of milk fat

 

 

 

 

 

 

10

 

12

5

 

 

30

ex 2106.9087

Containing more than 12 % but not more than 20 % by weight of milk fat

 

 

 

 

 

 

10

 

20

5

 

 

30

ex 2106.9088

Containing more than 1 % but not more than 1,5 % by weight of milk fat

 

 

 

 

 

 

10

5

 

30

 

 

30

ex 2106.9088

Containing more than 1,5 % but not more than 3 % by weight of milk fat

 

 

 

 

 

 

10

10

 

30

 

 

30

ex 2106.9091

Containing more than 40 % but not more than 60 % by weight of fat

 

 

 

 

 

 

 

20

 

 

 

 

50

ex 2106.9091

Containing more than 60 % by weight of fat

 

 

 

 

 

 

 

20

 

 

 

 

70

ex 2106.9092

Containing more than 10 % but not more than 25 % by weight of fat

 

 

 

 

 

 

 

15

 

25

6

 

18

ex 2106.9092

Containing more than 25 % but not more than 40 % by weight of fat

 

 

 

 

 

 

 

15

 

25

6

 

32

ex 2106.9093

Containing more than 1 % but not more than 5 % by weight of fat

 

 

 

 

 

 

 

10

 

35

 

 

5

ex 2106.9093

Containing more than 5 % but not more than 10 % by weight of fat

 

 

 

 

 

 

 

10

 

35

 

 

10

2106.9094

 

 

 

 

 

 

 

 

 

 

60

 

 

 

2106.9095

 

 

 

 

 

 

 

 

5

 

35

 

 

 

2106.9096

 

 

 

 

40

 

 

 

 

 

 

20

 

 

ex 3501.1010

Other than casein glues

 

 

 

 

 

 

 

301

 

 

 

 

 

ex 3501.1090

Other than casein glues

 

 

 

 

 

 

 

301

 

 

 

 

 

ex 3501.9010

Other than casein glues

 

 

 

 

 

 

 

301

 

 

 

 

 

ex 3501.9090

Other than casein glues

 

 

 

 

 

 

 

301

 

 

 

 

 

Appendix to Protocol 2

Provisions on administrative cooperation

1.

 The Contracting Parties agree that administrative cooperation is essential for the implementation and the control of the preferential treatment granted under this Protocol and underline their commitment to combat irregularities and fraud in customs and related matters.

2.

 Where a Contracting Party has made a finding, on the basis of objective information, of a failure to provide administrative cooperation and/or of irregularities or fraud under this Protocol, the Contracting Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned in accordance with this Annex.

3.

 For the purpose of this Appendix a failure to provide administrative cooperation shall mean, inter alia:

(a)

a repeated failure to respect the obligations to verify the originating status of the product(s) concerned;

(b)

a repeated refusal or undue delay in carrying out and/or communicating the results of subsequent verification of the proof of origin;

(c)

a repeated refusal or undue delay in obtaining authorisation to conduct administrative cooperation missions to verify the authenticity of documents or accuracy of information relevant to the granting of the preferential treatment in question.

For the purpose of this Appendix a finding of irregularities or fraud may be made, inter alia, where there is a rapid increase, without satisfactory explanation, in imports of goods exceeding the usual level of production and export capacity of the other Contracting Party that is linked to objective information concerning irregularities or fraud.

4.

 The application of a temporary suspension shall be subject to the following conditions:

(a)

the Contracting Party which has made a finding, on the basis of objective information, of a failure to provide administrative cooperation and/or of irregularities or fraud in customs and related matters shall without undue delay notify the Joint Committee of its finding together with the objective information and enter into consultations within the Joint Committee, on the basis of all relevant information and objective findings, with a view to reaching a solution acceptable to both Contracting Parties;

(b)

where the Contracting Parties have entered into consultations within the Joint Committee as above and have failed to agree on an acceptable solution within three months following the notification, the Contracting Party concerned may temporarily suspend the relevant preferential treatment of the product(s) concerned. A temporary suspension shall be notified to the Joint Committee without undue delay;

(c)

temporary suspensions under this Appendix shall be limited to that necessary to protect the financial interests of the Contracting Party concerned. They shall not exceed a period of six months, which may be renewed. Temporary suspensions shall be notified immediately after their adoption to the Joint Committee. They shall be subject to periodic consultations within the Joint Committee in particular with a view to their termination as soon as the conditions for their application are no longer given;

5.

 At the same time as the notification to the Joint Committee under paragraph 4(a) of this Appendix, the Contracting Party concerned should publish a notice to importers in its Official Journal. The notice to importers should indicate for the product concerned that there is a finding, on the basis of objective information, of a failure to provide administrative cooperation and/or of irregularities or fraud.