EN Official Journal of the European Communities L 328/77

AGREEMENTS

in the form of an Exchange of Letters between the European Economic Community and the Kingdom of Norway concerning agriculture and fisheries

Brussels, 14 July 1986

Sir,

I have the honour to refer to the Agreements in the form of Exchange of Letters of 16 April 1973 between the Community and the Kingdom of Norway concerning certain agricultural products and to the negotiations which have taken place between the two parties with a view to adjusting the said agreements and establishing trade arrangements for certain agricultural products, in the spirit of Article 15 of the EEC-Norway Free Trade Agreement, consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community.

I hereby confirm that the results of the negotiations were as follows:

I. The Kingdom of Norway and the Community agree that, from 1 March 1986, the concessions granted by the Kingdom of Norway under the abovementioned Exchange of Letters shall be extended to the enlarged Community.

II. From 1 March 1986 the Community will open for Norway an annual tariff quota of 1 000 tonnes at a rate of duty of 8,5 % in respect of animal oils and fats of marine origin other than of whales or sperm-whales, falling within subheading ex 15.12 B of the Common Customs Tariff, in immediate packings of a net capacity of more than one kilogram.

III. From 1 March 1986 the Kingdom of Norway will open for the Community an annual tariff quota of 4 300 tonnes free of duty for sugar falling within subheading 17.01.909 of the Norwegian Customs Tariff.

IV. Norway will also grant to the Community from 1 March 1986, on a unilateral basis, the tariff concessions set out in the Annex to this letter.

This Exchange of Letters shall be approved by the Contracting Parties in accordance with their normal procedures.

I should be obliged if you would confirm your agreement with the contents of this letter.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the Kingdom of Norway

Brussels, 14 July 1986

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 Agreements in the form of Exchange of Letters of 16 April 1973 between the Community and the Kingdom of Norway concerning certain agricultural products and to the negotiations which have taken place between the two parties with a view to adjusting the said agreements and establishing trade arrangements for certain agricultural products, in the spirit of Article 15 of the EEC-Norway Free Trade Agreement, consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community.

I hereby confirm that the results of the negotiations were as follows:

I. The Kingdom of Norway and the Community agree that, from 1 March 1986, the concessions granted by the Kingdom of Norway under the abovementioned Exchange of Letters shall be extended to the enlarged Community.

II. From 1 March 1986 the Community will open for Norway an annual tariff quota of 1 000 tonnes at a rate of duty of 8,5 % in respect of animal oils and fats of marine origin other than of whales or sperm-whales, falling within subheading ex 15.12 B of the Common Customs Tariff, in immediate packings of a net capacity of more than one kilogram.

III. From 1 March 1986 the Kingdom of Norway will open for the Community an annual tariff quota of 4 300 tonnes free of duty for sugar falling within subheading 17.01.909 of the Norwegian Customs Tariff.

IV. Norway will also grant to the Community from 1 March 1986, on a unilateral basis, the tariff concessions set out in the Annex to this letter.

This Exchange of Letters shall be approved by the contracting parties in accordance with their normal procedures.

I should be obliged if you would confirm your agreement with the contents of this letter.’

I have the honour to confirm that the Community is in agreement with the contents of your letter.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the Council of the European Communities

ANNEX Norwegian Customs Tariff heading No Description Duties in Nkr/kg Normal Rate Concession 20.02 Vegetables prepared or preserved otherwise than by vinegar or acetic acid: — tomatoes, including tomato purée: — in hermetically sealed containers: 401 — tomato purée, including tomato pulp of a dry tomato extract content of 25 % or more by weight, consisting entirely of tomatoes and water, whether or not containing added salt or other preservatives or seasoning 0,70 free 901 — olives 2,00 free

Brussels, 14 July 1986

Sir,

I have the honour to refer to the Agreement in the form of an Exchange of Letters betweeen the European Economic Community and the Kingdom of Norway concerning mutual trade in cheese, signed on 31 January 1986, and to the negotiations held between the Contracting Parties to determine transitional measures and adapt the Agreement in view of the accession of the Kingdom of Spain and the Portuguese Republic to the Community.

1. I confirm that the Community and the Kingdom of Norway agree that, during the transitional period laid down by the Act of Accession, the import duties on the annual quantities of cheese listed below and intended for the Spanish market shall be kept at the following levels: Cheese falling within subheading 04.04 E I b) 2 of the Common Customs Tariff, originating in and coming from Norway, accompanied by an approved certificate: Quantity (tonnes) Import duty (ECU/100 kg) — Jarlsberg, of an 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 (1), weighing from 8 to 12kg — rectangular blocks weighing 7 kg or less (2) — pieces packed in vacuum or inert gas, of a net weight of not less than 150 g but not more than 1 kg (2) — Ridder, of a minimum fat content of 60 % by weight, in the dry matter and matured for at least four weeks: — whole cheese, with rind (1), weighing from 1 to 2 kg — in pieces packed in vacuum or inert gas, with rind on at least one side (1), of a net weight of not less than 150 kg (2) (2) 90 55

2. During the transitional period, the application of the import duties listed above shall not preclude the levying of a compensatory amount fixed in accordance with the provisions of the Act of Accession.

3. At the end of the transitional period, the quantities indicated above shall be added to the annual tariff quota laid down in the existing Agreement between the Community and the Kingdom of Norway.

4. The Community also undertakes to increase by 120 tonnes for Norway, from 1 March 1986, the annual Community quota laid down in the Agreement between the Community and the Kingdom of Norway concerning mutual trade in cheese, signed on 31 January 1986.

5. This Exchange of Letters shall form an integral part of the Agreement between the Community and the Kingdom of Norway concerning mutual trade in cheese.

This Exchange of Letters shall be approved by the Contracting Parties in accordance with their normal procedures.

I should be obliged if you would confirm that your Government is in agreement with the contents of this letter.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the Council of the European Communities

Brussels, 14 July 1986

Sir,

I acknowledge receipt of your letter of today's date which reads as follows:

‘I have the honour to refer to the Agreement in the form of an Exchange of Letters betweeen the European Economic Community and the Kingdom of Norway concerning mutual trade in cheese, signed on 31 January 1986, and to the negotiations held between the Contracting Parties to determine transitional measures and adapt the Agreement in view of the accession of the Kingdom of Spain and the Portuguese Republic to the Community. 1. I confirm that the Community and the Kingdom of Norway agree that, during the transitional period laid down by the Act of Accession, the import duties on the annual quantities of cheese listed below and intended for the Spanish market shall be kept at the following levels: Cheese falling within subheading 04.04 E I b) 2 of the Common Customs Tariff, originating in and coming from Norway, accompanied by an approved certificate: Quantity (tonnes) Import duty (ECU/100 kg) — Jarlsberg, of an 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 to 12 kg — rectangular blocks weighing 7 kg or less (4) — pieces packed in vacuum or inert gas, of a net weight of not less than 150 g but not more than 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 cheese, with rind (3), weighing from 1 to 2kg — in pieces packed in vacuum or inert gas, with rind on at least one side (3), of a net weight of not less than 150 kg (4) 90 55 2. During the transitional period, the application of the import duties listed above shall not preclude the levying of a compensatory amount fixed in accordance with the provisions of the Act of Accession. 3. At the end of the transitional period, the quantities indicated above shall be added to the annual tariff quota laid down in the existing Agreement between the Community and the Kingdom of Norway. 4. The Community also undertakes to increase by 120 tonnes for Norway, from 1 March 1986, the annual Community quota laid down in the Agreement between the Community and the Kingdom of Norway concerning mutual trade in cheese, signed on 31 January 1986. 5. This Exchange of Letters shall form an integral part of the Agreement between the Community and the Kingdom of Norway concerning mutual trade in cheese. This Exchange of Letters shall be approved by the Contracting Parties in accordance with their normal procedures. I should be obliged if you would confirm that your Government 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 your letter.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the Kingdom of Norway

Brussels, 14 July 1986

Sir,

The signature of the Adaptation Protocol to the Agreement between Norway and the Community to take account of the enlargement of the Community has given the two parties the opportunity to examine the appropriate means to reinforce their cooperation in the spirit of the Luxembourg Declaration of 9 April 1984.

With regard to their trade relations, and in the spirit of Article 15 of the Agreement, the Community from 1 March 1986 shall extend the application of the provisions of the Exchange of Letters between the Kingdom of Norway and the Community dated 16 April 1973 and referring to tariff concessions for certain fishery products opened by the Community in favour of the Kingdom of Norway to the enlarged Community in accordance with the timetable set out in Annex I; the Community grants furthermore to the Kingdom of Norway preferential treatment in the form of total or partial duty reductions on certain fishery products originating in Norway and imported into the Community, within the limits and under the conditions set out in Annex II to this letter. This decision will take effect on 1 March 1986.

In order to decide on a mutually acceptable date for the entry into force of these preferential concessions in each calendar year, the two parties shall consult at latest before 1 November of the preceding year. For 1986 the consultation shall take place before 28 February 1986.

The preferences specified above are subject to the maintenance of the present conditions of general competition in the fisheries sector.

Moreover, imports into the Community of these products shall benefit from the preferential rate only on condition that the free-at-frontier price for the products concerned, ascertained by the Member States in accordance with Article 21 of Regulation (EEC) No 3796/81, is at least equal to the reference price fixed by the Community for the products or categories of products concerned.

The two parties may engage in consultations, when appropriate, on the subject of the concessions as laid down in this Exchange of Letters, in order to examine the possibilities for their further development.

I note that the Kingdom of Norway undertakes to eliminate the customs duty on the products and within the limits set out in Annex III, originating in the Community and imported into Norway with effect from 1 March 1986.

With regard to the regime to be applied concerning the Canary Islands, Ceuta and Melilla, the two parties have agreed as follows:

(a) The Kingdom of Norway shall apply to imports from those territories the tariff concessions deriving from this letter. In so far as the quantitative concessions are concerned, shares for the Canary Islands, Ceuta and Melilla, shall be established by the Kingdom of Norway in consultation with the Community, taking into account the imports from those territories.

(b) Should amendments occur in the import regime for fishery products in the Canary Islands, Ceuta and Melilla, which might affect the exports of Norway, the Community and the Kingdom of Norway shall enter into consultations in order to adopt the appropriate measures to remedy the situation.

(c) The Joint Committee shall adopt any adaptations to the rules of origin which may be necessary for the application of points (a) and (b) above;

I should be obliged if you would confirm that your Government is in agreement with the above.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the Council of the European Communities

Brussels, 14 July 1986

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

‘The signature of the Adaptation Protocol to the Agreement between Norway and the Community to take account of the enlargement of the Community has given the two parties the opportunity to examine the appropriate means to reinforce their cooperation in the spirit of the Luxembourg Declaration of 9 April 1984.

With regard to their trade relations, and in the spirit of Article 15 of the Agreement, the Community from 1 March 1986 shall extend the application of the provisions of the Exchange of Letters between the Kingdom of Norway and the Community dated 16 April 1973 and referring to tariff concessions for certain fishery products opened by the Community in favour of the Kingdom of Norway to the enlarged Community in accordance with the timetable set out in Annex I; the Community grants furthermore to the Kingdom of Norway preferential treatment in the form of total or partial duty reductions on certain fishery products originating in Norway and imported into the Community, within the limits and under the conditions set out in Annex II to this letter. This decision will take effect on 1 March 1986.

In order to decide on a mutually acceptable date for the entry into force of these preferential concessions in each calendar year, the two parties shall consult at latest before 1 November of the preceding year. For 1986 the consultation shall take place before 28 February 1986.

The preferences specified above are subject to the maintenance of the present conditions of general competition in the fisheries sector.

Moreover, imports into the Community of these products shall benefit from the preferential rate only on condition that the free-at-frontier price for the products concerned, ascertained by the Member States in accordance with Article 21 of Regulation (EEC) No 3796/81, is at least equal to the reference price fixed by the Community for the products or categories of products concerned.

The two parties may engage in consultations, when appropriate, on the subject of the concessions as laid down in this Exchange of Letters, in order to examine the possibilities for their further development.

I note that the Kingdom of Norway undertakes to eliminate the customs duty on the products and within the limits set out in Annex III, originating in the Community and imported into Norway with effect from 1 March 1986.

With regard to the regime to be applied concerning the Canary Islands, Ceuta and Melilla, the two parties have agreed as follows:

(a) The Kingdom of Norway shall apply to imports from those territories the tariff concessions deriving from this letter. In so far as the quantitative concessions are concerned, shares for the Canary Islands, Ceuta und Melilla, shall be established by the Kingdom of Norway in consultation with the Community, taking into account the imports from those territories.

(b) Should amendments occur in the import regime for fishery products in the Canary Islands, Ceuta and Melilla, which might affect the exports of Norway, the Community and the Kingdom of Norway shall enter into consultations in order to adopt the appropriate measures to remedy the situation.

(c) The Joint Committee shall adopt any adaptations to the rules of origin which may be necessary for the application of paragraphs (a) and (b) above.

I should be obliged if you would confirm that your Government is in agreement with the above.’

I have the honour to inform you that my Government is in agreement with the contents of your letter.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the Kingdom of Norway

ANNEX I The customs duties to be applied on import into Portugal of the following products originating in Norway shall be reduced to the following levels: (Duty in %) Timetable 03.01 B II b) 1, 2, 3,6 03.01 B II b) 4, 5 and 8 — 17 16.04 C I 16.04 G I ex 16.04 G II (sprats in airtight cans) ex 16.05 A (crabs in airtight cans) ex 16.05 B (shrimps and prawns, shelled and frozen, excluding shrimps of the genus Crangon spp.) 1 March 1986 3,0 10,9 26,6 26,6 27,8 27,2 27,2 1 January 1987 3,0 9,8 23,3 23,3 25,5 24,4 24,4 1 January 1988 3,0 8,6 19,9 19,9 23,3 21,6 21,6 1 January 1989 3,0 7,5 16,5 16,5 21,0 18,8 18,8 1 January 1990 3,0 6,4 13,1 13,1 18,8 15,9 15,9 1 January 1991 3,0 5,3 9,8 9,8 16,5 13,1 13,1 1 January 1992 3,0 4,1 6,4 6,4 14,3 10,3 10,3 1 January 1993 3,0 3,0 3,0 3,0 12,0 7,5 7,5 The customs duties to be applied on import into Spain of the following products originating in Norway shall be reduced to the following levels: (Duty in %) Timetable 03.01 B II b) 1—6 and 8—17 16.04 C I 16.04 G I ex 16.04 G II (sprats in airtight cans) ex 16.05 A (crabs in airtight cans ex 16.05 B (shrimps and prawns, shelled and frozen, excluding shrimps of the genus Crangon spp.) 1 March 1986 11,9 12,5 12,5 13,6 7,5 7,5 1 January 1987 10,7 11,1 11,1 13,4 7,5 7,5 1 January 1988 9,4 9,8 9,8 13,1 7,5 7,5 1 January 1989 8,1 8,4 8,4 12,9 7,5 7,5 1 January 1990 6,8 7,1 7,1 12,7 7,5 7,5 1 January 1991 5,6 5,7 5,7 12,5 7,5 7,5 1 January 1992 4,3 4,4 4,4 12,2 7,5 7,5 1 January 1993 3,0 3,0 3,0 12,0 7,5 7,5

ANNEX II CCT heading No Description Rate of duty (5) Annual Quantity (in tonnes) 03.02 Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process: A. Dried, salted or in brine: I. Whole, headless or in pieces: b) — Cod, wet, salted or in brine 0 10 000 — Cod, dried, unsalted 0 3 900 — Cod, dried, salted 0 13 250 II. Fillets: a) of cod 0 3 000 16.04 Prepared or preserved fish, including caviar and caviar substitutes: G. Other: ex II. Other (excluding smoked saithe) 10 400 The customs duties indicated above shall be applied on imports into the Community, as constituted on 31 December 1985, originating in Norway from 1 March 1986. For comparable imports into Portugal and Spain the following timetable for the tariff alignment shall apply: PORTUGAL Timetable for tariff alignment (Duty in %) Timetable ex 03.02 A I b) Cod, wet salted or in brine ex 03.02 A I b) Cod, dried, unsalted ex 03.02 A I b) Cod, dried, salted ex 03.02 A II a) Fillets of salted and dried cod ex 16.04 G II Excluding smoked saithe 1 March 1986 10,5 0,0 0,0 10,5 27,5 1 March 1987 9,0 0,0 0,0 9,0 25,0 1 March 1988 7,5 0,0 0,0 7,5 22,5 1 March 1989 6,0 0,0 0,0 6,0 20,0 1 March 1990 4,5 0,0 0,0 4,5 17,5 1 March 1991 3,0 0,0 0,0 3,0 15,0 1 March 1992 1,5 0,0 0,0 1,5 12,5 1 March 1993 0,0 0,0 0,0 0,0 10,0

SPAIN Timetable for tariff allignment (Duty in %) Timetable ex 03.02 A I b) Cod, wet salted or in brine ex 03.02 A I b) Cod, dried, unsalted ex 03.02 A I b) Cod, dried, salted ex 03.02 A II a) Fillets of salted and dried cod ex 16.04 G II Excluding smoked saithe 1 March 1986 6,0 6,0 6,0 6,0 13,3 1 March 1987 5,1 5,1 5,1 5,1 12,9 1 March 1988 4,3 4,3 4,3 4,3 12,4 1 March 1989 3,4 3,4 3,4 3,4 11,9 1 March 1990 2,6 2,6 2,6 2,6 11,4 1 March 1991 1,7 1,7 1,7 1,7 11,0 1 March 1992 0,9 0,9 0,9 0,9 10,5 1 March 1993 0,0 0,0 0,0 0,0 10,0

ANNEX III The customs duties to be applied on import into Norway of the following products originating in the Community shall, from 1 March 1986, within the limits indicated below, be reduced to the following levels: CCT heading No Description Rate of duty Annual Quantity in tonnes 16,04 Prepared or preserved fish, including caviar and caviar substitutes: C. Herring: II. Other 0 380 D. Sardines 0 10 ex F. Mackerel 0 140 G. Other: I. Raw fillets 0 290 II. Other 0 50 16.05 Crustaceans or molluscs, prepared or preserved: B. Other 0 220 Clause concerning the Canary Islands, Ceuta and Melilla With regard to the Canary Islands, Ceuta and Melilla, the two parties have agreed as follows: (a) The Kingdom of Norway will apply to imports from the above territories the tariff concessions deriving from the Exchange of Letters of 16 April 1973 and also those deriving from this Exchange of Letters. (b) Should changes take place in the arrangements for imports of agricultural products into the Canary Islands, Ceuta or Melilla which might affect exports from Norway, the Community and Norway will consult each other with a view to adopting appropriate measures to deal with the situation. (c) The Joint Committee will adopt any adjustments to the rules of origin which might be necessary for the purposes of implementing points (a) and (b).

(1) Whole cheese are considered to be standard whole cheeses with rind. For the purpose of these provisions ‘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.

(2) The indications on the packaging must be such as to enable the consumer to identify the cheese.

(3) Whole cheese are considered to be standard whole cheeses with rind. For the purpose of these provisions ‘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 indications on the packaging must be such as to enable the consumer to identify the cheese.

(5) Subject to the respect of the reference price conditions.