ADDITIONAL PROTOCOL

to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Republic of Bulgaria and Romania to the European Union

THE EUROPEAN COMMUNITY

and

THE KINGDOM OF NORWAY

HAVING REGARD to the Agreement between the European Economic Community and the Kingdom of Norway signed on 14 May 1973, hereinafter called the ‘Agreement’, and to the existing arrangements for trade in fish and fishery products between Norway and the Community,

HAVING REGARD to the accession of the Republic of Bulgaria and Romania to the European Union,

HAVING REGARD to the Agreement on the Participation of the Republic of Bulgaria and Romania in the European Economic Area,

HAVING REGARD to the existing regime for trade in fish and fishery products between Norway and Republic of Bulgaria and Romania,

HAVE DECIDED to determine by common accord the adjustments to the Agreement consequent Republic of Bulgaria and Romania on the accession of to the European Union,

AND TO CONCLUDE THIS PROTOCOL,

Article 1 The text of the Agreement, the Annexes and Protocols, which form an integral part thereof, the Final Act and the declarations annexed thereto shall be drawn up in Bulgarian and Romanian languages and those texts shall be authentic in the same way as the original texts. The Joint Committee shall approve the Bulgarian and Romanian texts.

Article 2 The special provisions applicable to imports into the Community of certain fish and fishery products originating in Norway are laid down in this Protocol. The tariff quotas provided for in Article 3 of this Protocol shall be implemented for the period from 1 January 2007 to 30 April 2009. The quota levels referred to in Article 3 shall be reviewed by the end of that period taking into account all relevant interests. The quota levels for 2007 shall not be effectively reduced because the enlargement of the European Economic Area did not take place on 1 January 2007. The tariff quota volumes for 2009 shall be reduced according to their application until 30 April 2009. The rules of origin applicable for the tariff quotas shall be those set out in Protocol No 3 to the Agreement.

Article 3 The Community shall open the following new additional annual duty free tariff quotas: — Mackerel of the species Scomber scombrus or Scomber japonicus, frozen (CN code 0303 74 30): 9 300 tonnes — Herrings (Clupea harengus, Clupea pallasii), frozen (CN code 0303 51 00): 1 800 tonnes — Fillets and flaps of herring (Clupea harengus, Clupea pallasii), frozen (CN codes 0304 29 75 and 0304 99 23): 600 tonnes — Other fish, frozen (CN code 0303 79 98): 2 200 tonnes — Other salmonidae, frozen (CN code 0303 29 00): 2 000 tonnes — Shrimps and prawns, peeled and frozen (CN codes ex 1605 20 10, ex 1605 20 91 and ex 1605 20 99): 2 000 tonnes

Article 4 The Community shall lift the condition ‘for industrial manufacture’, and thereby the end-user requirement, on the tariff quotas that were opened in 2004 for frozen mackerel (order Nos 09.0760, 09.0763 and 09. 0778), frozen herrings (order No 09.0752) and frozen flaps of herring (order No 09.0756). Correspondingly, the requirement for human consumption of the products under the same tariff quotas shall be removed. The existing duty free tariff quota for frozen peeled shrimps and prawns with order No 09.0758 shall be available for CN codes ex 1605 20 10, ex 1605 20 91 and ex 1605 20 99. For the period of 1 January 2008 to 31 December 2008, the Community shall merge the two existing duty free tariff quotas for frozen peeled shrimps and prawns (order Nos 09.0745 and 09.0758) and the additional new duty free tariff quota of 2 000 tonnes for which provision is made under Article 3, and it shall make the merged tariff quota available for CN codes ex 1605 20 10, ex 1605 20 91 and ex 1605 20 99. From 1 January 2009, the two existing tariff quotas for frozen peeled shrimps and prawns with order No 09.0758 (2 500 tonnes) and with order No 09.0745 (5 500 tonnes) and the new additional duty free tariff quota of 2 000 tonnes will apply as three separate tariff quotas and will be made available for CN codes ex 1605 20 10, ex 1605 20 91 and ex 1605 20 99. As of 15 June 2008, the Community shall merge the sub-periods related to the existing three tariff quotas for mackerel (order Nos 09.0760, 09.0763 and 09.0778) into one single period of 15 June to 14 February.

Article 5 Representatives from the European Community and Norway shall meet before the end of 2007 to explore the possibility to apply the rules of origin set out in Protocol No 3 to the Agreement also for products covered by the Exchange of Letters concerning trade in fish of 16 April 1973.

Article 6 This Protocol shall be ratified or approved by the European Community and Norway in accordance with their own procedures. The instruments of ratification or approval shall be deposited with the General Secretariat of the Council of the European Union. It shall enter into force on the day following the deposit of the last instrument of ratification or approval provided that the instruments of ratification or approval of the following related agreements have been deposited as well: (i) Agreement on the Participation of the Republic of Bulgaria and Romania in the European Economic Area; (ii) Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning a Cooperation Programme for Economic Growth and Sustainable Development in Bulgaria; (iii) Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning a Cooperation Programme for Economic Growth and Sustainable Development in Romania; and (iv) Additional Protocol to the Agreement between the European Economic Community and Iceland consequent on the accession of the Republic of Bulgaria and Romania to the European Union.

Article 7 This Protocol is drawn up in duplicate, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Norwegian languages, each of these texts being equally authentic.