Agreement in the form of an exchange of letters between the European Economic Community and the Kingdom of Norway concerning certain arrangements in agriculture
Date: 1992-05-02
Institutions: European Economic Community, Norway
Subjects: Norway, agricultural product, cheese, horticulture, import levy, originating product, tariff preference, trade agreement (EU)








L_1993109EN.01004701.xml










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





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







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