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

Agreement in the form of an exchange of letters between the European Economic... (21993A0501(08))

1.5.1993

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:

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:

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

(

)

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:

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

(

)

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

(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

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.

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.

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.

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.

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.

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.

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

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

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.

The Contracting Parties shall ensure that the agreed mutual advantages are not jeopardized by other measures.

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.

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

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.

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;

(d) goods produced there exclusively from products specified in (a) to (c).

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.

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.

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.

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.

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.

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.

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.

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