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

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

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