Agreement in the form of an exchange of letters between the European Economic... (21993A0501(08))
EU - Rechtsakte: 02 Customs Union and free movement of goods
1.5.1993   
EN
Official Journal of the European Communities
L 109/47

AGREEMENT

in the form of an exchange of letters between the European Economic Community and the Kingdom of Norway concerning certain arrangements in agriculture

Oporto, 2 May 1992.
Sir,
I have the honour to refer to the discussions concerning trade arrangements for certain agricultural products between the Community and Norway which have taken place in the framework of the negotiations on an EEA Agreement, and to Protocol 42 attached to that Agreement.
I hereby confirm that the results of these discussions were as follows:
I.
an arrangement between the Community and Norway concerning reciprocal trade in cheese. The text of this arrangement is set out in Annex I to this letter;
II.
an arrangement between the Community and Norway concerning trade in certain horticultural products. The text of this arrangement is set out in Annex II to this letter;
III.
tariff concessions granted by Norway to the Community. These concessions are set out in Annex III to this letter;
IV.
rules of origin for the purpose of implementing the abovementioned arrangements and concessions. These rules are set out in Annex IV to this letter.
This exchange of letters shall be approved by the Contracting Parties in accordance with their own procedures.
I should be obliged if you would confirm that the Government of the Kingdom of Norway is in agreement with the contents of this letter.
On behalf of the Council of the European Communities
[Bild bitte in Originalquelle ansehen]
Oporto, 2 May 1992.
Sir,
I have the honour to acknowledge receipt of your letter of today's date which reads as follows:
‘I have the honour to refer to the discussions concerning trade arrangements for certain agricultural products between the Community and Norway which have taken place in the framework of the negotiations on an EEA Agreement, and to Protocol 42 attached to that Agreement.
I hereby confirm that the results of these discussions were as follows:
I.
an arrangement between the Community and Norway concerning reciprocal trade in cheese. The text of this arrangement is set out in Annex I to this letter;
II.
an arrangement between the Community and Norway concerning trade in certain horticultural products. The text of this arrangement is set out in Annex II to this letter;
III.
tariff concessions granted by Norway to the Community. These concessions are set out in Annex III to this letter;
IV.
rules of origin for the purpose of implementing the abovementioned arrangements and concessions. These rules are set out in Annex IV to this letter.
This exchange of letters shall be approved by the Contracting Parties in accordance with their own procedures.
I should be obliged if you would confirm that the Government of the Kingdom of Norway is in agreement with the contents of this letter.’
I have the honour to confirm that my Government is in agreement with the contents of this letter.
For the Government of the Kingdom of Norway
[Bild bitte in Originalquelle ansehen]

ANNEX I

ARRANGEMENT

between the European Economic Community and the Kingdom of Norway concerning reciprocal trade in cheese

With the aim of fostering the harmonious development of trade in agricultural products, and taking into account the discussions which have taken place in the framework of the negotiations on an EEA Agreement, the European Economic Community and the Kingdom of Norway have agreed to conclude a new arrangement
 (
1
)
concerning their reciprocal trade in cheese. In view of the common interest of the Community and Norway in offering consumers, in addition to home-produced cheese, other types of imported cheese, the provisions of this arrangement read as follows:
1.
For the annual quantities of cheese listed below, the import duties may not exceed the following levels:
(a) on importation into the Community (excluding Spain and Portugal)
Cheese falling within CN code 0406, originating in Norway and accompanied by an approved certificate
 (
2
)
:

 

Annual quantity

(in tonnes)

Import duty

(in ECU/100 kg)

Jarisberg, of a minimum fat content of 45 %, by weight, in the dry matter and of a dry matter content, by weight, of not less than 56 %, matured for at least three months:

Whole cheeses with rind (3) weighing from 8 kg to 12 kg

Rectangular blocks of a net weight not exceeding 7 kg (4)

Pieces packed in vaccuum or in inert gas, of a net weight of not less than 150 g but not exceeding 1 kg (4)

Ridder, of a minimum fat content of 60 %, by weight, in the dry matter and matured for at least four weeks:

Whole cheeses with rind (3) weighing from 1 kg to 2 kg

Pieces packed in vacuum or in inert gas, with rind on at least one side (3), of a net weight of not less than 150 g (4)

2 200

55

(b) on importation into Norway

 

Annual quantity

(in tonnes)

Import duty

(in Nkr/kg)

Cheese of all types and varieties, originating in the Community

2 360

1,20

2.
Norway will take the necessary steps in order to:
— limit the issue of the certificates referred to in 1 (a) to the quantities agreed in this Agreement,
— ensure that the autonomous system of import licence allocation will be managed taking into account market requirements and in such a way that imports may take place regularly and that the quantities agreed for import into Norway from the Community can effectively be imported.
3.
The Community and Norway will take steps to ensure that the benefits which they grant each other will not be jeopardized by other import measures.
4.
The Community and Norway undertake, each on its own behalf, to ensure that the prices charged by their exporters are not such as to create difficulties on the importing country's market.
They agree, in this connection, to exchange at regular internal information on price quotations and any other useful information concerning the market in domestic and imported cheeses.
If difficulties arise concerning the prices charged, consultations will be held at the request of either party, as promptly as possible, with a view to the adoption of appropriate corrective measures.
5.
Consultations will be held at the request of either party on any question relating to the operation of this agreement. The two parties may, by common accord, alter it by reference in particular to the trend of market prices, production, marketing or consumption of home-produced and imported cheeses.
6.
This arrangement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Kingdom of Norway.
7.
This arrangement shall enter into force on the same date as the EEA Agreement.
Should that date not coincide with the beginning of the calendar year, the provisions referred to in point 1 shall be applied
pro rata temporis
for the first year.
8.
This arrangement shall replace the Agreement in form of an exchange of letters between the European Economic Community and the Kingdom of Norway concerning reciprocal trade in cheese, signed on 22 March 1989.
(1)  This arrangement will be without prejudice of the agreement signed on 14 July 1986 between the Community and Norway as a result of the accession of Spain and Portugal.
(2)  The certificate will be issued by ‘Norske Meierier’ (Norwegian dairies).
(3)  The expression ‘whole cheeses with rind’ means cheeses of the conventional flat cylindrical shape. For the purposes of these provisions, the rind is defined as follows: the rind of such cheeses is the outer layer formed from the cheese itself, having a distinctly more solid consistency and a distinctly darker colour.
(4)  The wording on the packing must be such as to enable this cheese to be identified by the consumer.

ANNEX II

ARRANGEMENT

between the European Economic Community and the Kingdom of Norway concerning trade in certain horticultural products

With the aim of fostering the harmonious development of trade in agricultural products, and taking into account the discussions which have taken place in the framework of the negotiations on an EEA Agreement, the European Economic Community and the Kingdom of Norway have agreed to conclude a bilateral arrangement concerning trade in certain horticultural products, the provisions of this arrangement being as follows:
1.
On importation into the Community
The Community will open the following seasonal zero-duty tariff quotas for the following products originating in Norway:

CN code

Description

Quantity

(tonnes)

Calendar

ex 0704 10

Cauliflowers, fresh or chilled

2 000

1.8 — 30. 10

ex 0704 10

Broccoli, fresh or chilled

1 000

1.7 — 30. 10

ex 0704 90

China cabbages, fresh or chilled

3 000

1.7 — 29. 2

ex 0809 20 90

Cherries, fresh

600

16.7 — 30. 8

ex 0809 40

Plums, fresh

600

1.9 — 15. 10

ex 0810 10 10

Strawberries, fresh

750

15.7 — 31. 7

ex 0810 10 90

Strawberries, fresh

750

1.8 — 15. 9

2.
On importation into Norway
(a) Norway will abolish the existing quantitative restrictions for the following cut flowers, falling within HS code ex 0603, originating in the Community:
 
Gladiolus
 
Aster
 
Astilbe
 
Centaurea
 
Lathyrus
 
Scabiosa
 
Liatris
 
Solidago
 
Solidaster
 
Alchemilla
 
Dianthus barbatus
 
Trachelium
 
Erigeron
 
Sedum
 
Physostegia
 
Zinnia
 
Dianthus Caryophyllus
 
Gerbera
 
Strelitzia
 
Protea
 
Anthurium;
(b) Norway will abolish import duties for the cut flowers, listed under (a), as well as for Syringa, Genista, Anemone, Ranunculus, Mimosa and Orchids, falling within HS code ex 0603, originating in the Community;
(c) Norway will open an annual zero-duty tariff quota of total Nkr 20 million for the following products originating in the Community:

Norwegian Tariff heading

Description

0602 30 01

Azalea indica

0602 10 01

Cuttings without roots

ex 0602 99 05

Potplants with flowers (1)

(d) —
Norway will abolish the existing quantitative restrictions on strawberries, falling within HS code ex 0810, originating in the Community, except for the period 9 June to 9 September,
— Norway will abolish import duties on strawberries falling within HS code ex 0810, originating in the Community, during the period free of quantitative restrictions.
3.
The Contracting Parties shall ensure that the agreed mutual advantages are not jeopardized by other measures.
4.
Consultations shall be held at the request of either Party on any problem relating to the operation of this arrangement, which may be amended by agreement between the Parties.
5.
This arrangement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Kingdom of Norway.
6.
This arrangement shall enter into force on the same date as the EEA Agreement.
Should that date not coincide with the beginning of the calendar year, the provisions referred to in point 1 shall, where appropriate, be applied
pro rata temporis
for the respective calendar period.
(1)  This concession does not apply to:
Begonia elatior, Campanula, Chrysanthemum, Euphorbia Pulcherina, Hibiscus, Kalanchoe, Pelargonium, Primula, Saint Paulia
.

ANNEX III

TARIFF CONCESSIONS GRANTED BY THE KINGDOM OF NORWAY TO THE EUROPEAN ECONOMIC COMMUNITY

As from the date of the entry into force of the EEA Agreement, the Kingdom of Norway will abolish import duties for the products listed below originating in the European Community.

CN code

Description

Norwegian Customs Tariff heading

0703 20 00

Garlic, fresh or chilled

0703 20 00

0709 20 00

Asparagus, fresh or chilled

0709 20 10

20 90

30 00

Aubergines, fresh or chilled

30 00

60 10

Sweet peppers, fresh or chilled

60 10

60 20

ex 90 70

Courgettes, fresh or chilled

ex 90 90

0710 29 00

Leguminous vegetables other than peas and beans, frozen

0710 29 00

80 51

Sweet peppers, frozen

ex 80 99

0712 90 90

Other dried vegetables, other than sweet corn, tomatoes and carrots; mixtures of dried vegetables

0712 90 10

90 20

ex 90 90

0802 11

12

Almonds

0802 11 00

12 00

31 00

32 00

Walnuts

31 00

32 00

21 00

Hazelnuts or filbert, in shell

21 00

22 00

Hazelnuts or filbert, shelled

22 00

ex 0813 50 30

Mixtures of nuts

ex 0813 50 10

50 91

50 99

Other mixtures of dried fruits of this chapter

ex 50 90

ex 0802 90 90

Pine kerneis

ex 0802 90 90

0803 00

Bananas

0803 00 01

00 02

0804 20 90

Dried figs

0804 20 90

30

Pineapples

30 00

0805 10

Oranges

0805 10 00

20

Mandarines, Clementines, etc.

20 00

30 10

Lemons

30 10

30 90

Limes

30 20

0806 10 11

10 15

10 19

Table grapes, fresh

ex 0806 10 10

10 90

20 00

Dried grapes

20 00

0807 10 10

Watermelons, fresh

0807 10 01

10 90

Melons, fresh

10 09

0809 10 00

Apricots, fresh

0809 10 10

10 90

30 00

Peaches, including nectarines, fresh

30 10

30 20

0810 90 10

Kiwi fruit, fresh

0810 90 91

0812 90 10

Apricots, provisionally preserved

ex 0812 90 20

0813 10 00

Dried apricots

0813 10 00

0904 20

Fruits of the genus Capsicum or of the genus Pimenta, dried or crushed or ground

0904 20 00

0905 00 00

Vanilla

0905 00 00

0910 20

Saffron

0910 20 00

1006

Rice

1006 10 00

20 00

30 10

30 90

40 10

40 90

1211

Plants and parts of plants of a kind used primarily in pharmacy, etc.

1211 10 00

20 00

30 00

1302 31 00

Agar-Agar

1302 31 01

31 09

1509

Olive oil and its fractions, whether or not refined, but not chemically modified

1509 10 00

90 00

1804 00 00

Cocoa butter, fat and oil

1804 00 00

2003 10 10

Prepared or preserved mushrooms, cultivated

ex 2003 10 00

2004 90 95

Prepared or preserved artichokes, frozen

ex 2004 90 90

2005 60 00

Prepared or preserved asparagus

2005 60 00

70 00

Prepared or preserved olives

70 00

90 30

Prepared or preserved capers

ex 90 00

90 50

Prepared or preserved artichokes

ex 90 00

2006 00 39

Other fruits preserved by sugar, with a sugar content exceeding 13 % by weight

ex 2006 00 00

2008 20 51

59

71

79

91

99

Prepared or preserved pineapples, not containing added spirit

ex 2008 20 00

ex 2008 30 11

19

31

39

2008 30 55

75 ex

2008 30 91

99

Prepared or preserved mandarines, etc.

ex 2008 30 00

2008 50

Prepared or preserved apricots

2008 50 00

2008 70

Prepared or preserved peaches

70 00

2009 11 19

19 99

Orange juice

2009

ex 11 10

ex 11 20

ex 11 30

ex 11 90

ex 19 10

ex 19 20

ex 19 90

2009 30 39

Juice of other citrus fruits

ex 2009 30 10

30 90

2009 60 19

59

Grape juice

ex 2009 60 00

2204 21 41

49

51

59

Wine (in containers holding 2 litres or less)

ex 2204 29 09

2204 29 41

49

51

59

Wine (other)

ex 2204 29 09

2204 30 91

99

Other grape must

2204

ex 30 01

ex 30 09

ex 2208 30 91

Irish Whiskey in bottles

ex 2208 30 00

ex 30 99

Irish Whiskey in barrels

ex 30 00

40

Rum and taffia

40 00

ex 90 53

ex 90 73

Ouzo

ex 90 00

ex 90 55

ex 90 79

Irish cream liqueurs

ex 90 00

2401

Unmanufactured tobacco, tobacco refuse

2401 10 00

20 00

30 00

ANNEX IV

RULES OF ORIGIN

1.
1.
For the purpose of implementing the Agreement, a product shall be considered to be originating either in the Community or in Norway if it has been wholly obtained there.
2.
The following shall be considered as wholly obtained either in the Community or in Norway:
(a) vegetable products harvested there;
(b) live animals born and raised there;
(c) products from live animals raised there;
(d) goods produced there exclusively from products specified in (a) to (c).
3.
Packing materials and packing containers presented with a product therein shall not be included with this product for the purpose of determining whether it has been wholly obtained and it shall not be necessary to establish whether such packing materials or packing containers are originating or not.
2.
Notwithstanding point 1, the products mentioned in columns 1 and 3 of the list in the Appendix, obtained either in the Community or in Norway and incorporating materials which have not been wholly obtained there, shall also be considered as originating, provided that the conditions set out in column 3 concerning working or processing carried out on such materials have been fulfilled.
3.
1.
The preferential treatment provided for under the Agreement applies only to products which are transported directly from the Community to Norway or from Norway to the Community without passing through the territory of another country. However, products constituting one single consignment may be transported through territory other than those of the Community and Norway with, should the occasion arise, transhipment or temporary warehousing in such territory, provided that the products have remained under the surveillance of the customs authorities in the country of transit or of warehousing and that they have not undergone operations other than unloading, reloading or any other operation designed to preserve them in good condition.
2.
Evidence that the conditions referred to in point 3.1 have been fulfilled shall be supplied to the customs authorities of the importing country in accordance with Article 13 (2) of Protocol 4 to the EEA Agreement.
4.
1.
Originating products within the meaning of this Annex shall, on importation into the Community or Norway, benefit from the Agreement upon submission of either a movement certificate EUR.1 or an invoice declaration, issued or made out in accordance with Title V of Protocol 4 to the EEA Agreement.
2.
The documents referred to in point 4.1 shall clearly indicate the origin of the products concerned by using the words ‘Community’ or ‘Norway’, in one of the languages in which the Agreement is drawn up, followed by the letters ‘AGRI’ inserted between brackets. In the case of the invoice declaration, this indication shall replace the reference to ‘EEA preferential origin’ in the text of the declaration given in Appendix IV of Protocol 4 to the EEA Agreement.
3.
Notwithstanding points 4.1 and 4.2, the certificates referred to in Annex I for cheese shall be accepted as valid proof of origin within the meaning of this Agreement without it being necessary to submit a movement certificate EUR.1 or an invoice declaration.
5.
The provisions of Titles IV (drawback or exemption), V (proof of origin) and VI (arrangements for administrative cooperation) of Protocol 4 to the EEA Agreement shall apply
mutatis mutandis
. As far as the provisions of Title IV are concerned, it is understood that the prohibition of drawback of, or exemption from, customs duties contained in these provisions shall apply only in respect of materials which are of the kind to which the EEA Agreement applies.

Appendix

List of products, referred to in point 2, subject to conditions other than the wholly obtained criterion

HS heading No

Description of products

Working or processing carried out on non-originating materials that confers originating status

(1)

(2)

(3)

ex 0406

Cheese

Manufacture in which all the materials of chapter 4 used must be wholly obtained

ex 1302

Agar-agar

Manufacture in which the value of all the materials used does not exceed 50% of the ex-works price of the product

1804

Cocoa butter, fat and oil

Manufacture in which all the materials used are classified in a heading other than that of the product

ex 2003

Mushrooms prepared or preserved, otherwise than by vinegar or acetic acid

Manufacture in which all the mushrooms used must be wholly obtained

ex 2004

Prepared or preserved artichokes, frozen

Manufacture in which all the artichokes used must be wholly obtained

ex 2005

Prepared or preserved asparagus, olives, capers and artichokes

Manufacture in which all the vegetables used must be wholly obtained

ex 2006

Fruit preserved by sugar (drained, glace or crystallized)

Manufacture in which all the fruits used must be wholly obtained

ex 2008

Prepared or preserved pineapples, citrus fruit, apricots and peaches

Manufacture in which all the fruits used must be wholly obtained

ex 2009

Orange juice, juice of any other single citrus fruit, except for grapefruit juice; grape juice (including grape must)

Manufacture in which all the fruits or any material derived from fruits used must be wholly obtained

ex 2204

Wine of fresh grapes, including fortified wines; grape must other than that of heading No 2209

Manufacture in which all the grapes or any material derived from grapes used must be wholly obtained

ex 2208

Irish whiskey, rum and taffia, Irish cream liqueurs, Ouzo

Manufacture:

from materials not classified within heading No 2207 or 2208, and

in which all the grapes or any material derived from grapes used must be wholly obtained

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