Proposal for a COUNCIL DECISION CONCERNING THE CONCLUSION OF THE AGREEMENT ON CUSTOMS CO-OPERATION IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN COMMUNITY AND THE KINGDOM OF NORWAY
Date: 1997-02-03
Institutions: European Commission
Subjects: Finland, Norway, Sweden, cooperation agreement (EU), customs cooperation

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  03.02.1997 
COM(97) 26  final 

97/0032  (ACC) 

Proposal  for a 

COUNCIL  DECISION 

CONCERNING THE CONCLUSION OF THE AGREEMENT ON CUSTOMS CO-OPERATION 
IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN 
THE EUROPEAN  COMMUNITY AND THE KINGDOM OF NORWAY 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

By  its  Decision  of  25  October  1996,  the  Council  authorized  the  Commission  to 
negotiate  an agreement  on  customs co-operation  in the  form  of an exchange  of  letters 
between the European Community and the Kingdom of Norway. 

Following  the  negotiations  with  the  Norwegian  authorities,  the  text  of  the  Agreement 
was initialled on 20 November  1996. 

The Agreement  is now being sent to the Council to be signed  and concluded. 

The Commission  considers  that  the  initialled  text  is in accordance  with  the  negotiating 
directives adopted  by the Council  on 25 October  1996. As agreed  upon adoption  of the 
negotiation  directives, the proposal  for  the Council  Decision  concluding the Agreement 
includes a number of specific provisions, in particular: 

-  a recital outlining the particular  situation  of the regions concerned; 

- 

- 

the  obligation  for  the  customs  authorities  of  Finland  and  Sweden  to  assume  full 
responsibility,  including  financial  liability,  vis-à-vis  the  Community  for  all  acts 
performed  or to be performed  on their behalf by the customs authorities of Norway; 

the  obligation  for  the  Norwegian  customs  authorities  and  the  Finnish  and  Swedish 
customs  authorities  respectively  to  conclude  an  administrative  arrangement  for  the 
implementation  of the Agreement  and to notify  that  arrangement  to the Commission. 

The  Council  is being  invited  to  approve  the  conclusion  of  the  Agreement  in  sufficient 
time to allow entry into force on  1  March  1997. 

PL 

PROPOSAL  FOR A 
COUNCIL  DECISION 
CONCERNING THE CONCLUSION OF THE AGREEMENT  ON CUSTOMS CO-OPERATION 
IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN 
THE EUROPEAN  COMMUNITY  AND THE KINGDOM  OF NORWAY 

THE COUNCIL OF THE EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  113 thereof,  in conjunction  with the first  sentence of Article 228 (2) and the first 
subparagraph of Article 228(3), 

Having regard to the proposal from  the Commission, 

Whereas  the  national  arrangements  on  customs  co-operation  concluded  between  the 
Kingdom  of Norway  and  the  Republic  of  Finland,  on  the  one  hand,  and  between  the 
Kingdom  of Norway  and  the  Kingdom  of  Sweden,  on  the  other  hand,  should,  for  the 
matters falling within Community's jurisdiction, be replaced  by a Community system; 

Whereas the  frontier  co-operation  agreements  help  to  facilitate  trade  and  the  efficient 
allocation  of  resources  over  a  limited  number  of  frontier  posts  situated  in  outermost 
regions,  in  particular  for  the  benefit  of  the  Republic  of  Finland  and  the  Kingdom  of 
Sweden;  whereas  such  regions  have  a  number  of  peculiarities  relating  to  their 
geography  (extremely  harsh  climatic  conditions,  extremely  long  borders,  long  internal 
distances,  great  difficulty  in  gaining  access  to  certain  areas)  and  to  their  very  low 
density  of  population  and  trallie  and  these  peculiarities  are  new  in  the  Community 
context  and  require  special  attention  if the  regions  and  economic  operators  concerned 
are not to be penalised; 

Whereas on 25 October  1996 the  Council  authorized  the  Commission  to  negotiate,  on 
behalf  of  the  Community,  an  agreement  on  customs  co-operation  in  the  form  of  an 
exchange of letters between  the European  Community and the Kingdom of Norway; 

Whereas  the  Republic  of  Finland  and  the  Kingdom  of  Sweden  should  assume  full 
responsibility, including financial  liability, towards the Community for all acts  performed 
or to be performed  on their behalf by the Norwegian customs authorities; 

Whereas  the  Norwegian  customs  authorities  should  conclude  with  the  Finnish  and 
Swedish  customs  authorities  respectively  an  administrative  arrangement  for  the 
the 
implementation  of  the  Agreement  and  should  notify 
Commission;  whereas  the  Finnish  and  Swedish  customs  authorities  should  be 
accountable to the Commission  for  the implementation  of the Agreement; 

that  arrangement 

to 

Whereas the Agreement  on  customs  co-operation  in the  form  of an exchange  of letters 
negotiated  between  the  European  Community  and  the  Kingdom  of  Norway  should  be 
approved, 

HAS DECIDED AS FOLLOWS 

Article  1 

The  Agreement  on  customs  co-op.eration  in  the  form  of  an  exchange  of  letters  between 
the European  Community  and  the  Kingdom  of  Norway  is  hereby  approved  on  behalf  of 
the  Community. 

The text  of the  Agreement  is attached  to  this Decision. 

Article  2 

The  Republic  of  Finland  and  the  Kingdom  of  Sweden  shall  assume  full  responsibility, 
including  financial  liability,  towards  the  Community  for  all  acts  performed  or  to  be 
performed  on their  behalf by the Norwegian  customs  authorities. 

Article  3 

1.  The  Finnish  and  the  Swedish  customs  authorities  respectively  shall  conclude  with 
the  Norwegian  customs  authorities  an  administrative  arrangement 
the 
implementation  of  this  Agreement.  These  arrangements  shall  be  notified  to  the 
Commission  of the  European  Communities. 

for 

2.  The  Finnish  and  the  Swedish  customs  authorities  respectively  shall  be  accountable 
to  the  Commission  for  the  implementation  of  the  Agreement.  To  this  end,  they 
shall  present  a  yearly  report  to  the  Commission,  unless  special  circumstances 
would  require  additional  reports. 

Article -f 

The  Commission,  assisted  by  representatives  of  the  member  States,  shall  represent  the 
European  Community  on  the Joint  Committee  set  up under  Article  7 of the  Agreement. 

Article  5 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  persons  empowered 
to  sign  the  Agreement  in  order  to  bind  the  Community  and  to  give  the  notification 
provided  for  in Article  11 of the  Agreement1 

Article  6 

This  Decision  shall  be  published  in  the Ollicial  Journal  of the  European  Communities. 

Done  at  Brussels, 

199 

For  the  Council 
The  President 

1 

The  date  of  entry  into  force  of  the  Agreement  will  be  published  in  the  Official  Journal  of  the 
European  Communities  by  the  General  Secretarial  of  the  Council 

AGREEMENT  ON CUSTOMS CO-OPERATION 

IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN 
THE EUROPEAN  COMMUNITY  AND THE KINGDOM OF NORWAY 

A.  Letter from  the European Community 

Brussels, 

Gentlemen, 

Please find attached  the  text  of  the  Agreement  on  customs  co-operation  between  the 
European  Community  and  the  Kingdom  of  Norway.  We  have  the  honour  to  confirm 
that the European Community accepts the Agreement. 

We should be grateful  if you would kindly confirm that the Kingdom of Norway accepts 
the Agreement. The Agreement between the European Community and the Kingdom of 
Norway shall thereby be concluded, as set out in the attached text. 

Please accept, Gentlemen, the assurance of our highest consideration. 

On behalf of 
the European Community 

B. Letter from  the Kingdom of Norway 

Brussels, 

Gentlemen, 

We  acknowledge  receipt  of  your  letter  accepting  the  Agreement  on  customs  co 
operation between the European Community and the Kingdom of Norway.  Your letter 
reads as follows: 

"Please find attached the text of the Agreement  on customs co-operation between 
the European  Community  and the  Kingdom  of  Norway.  We  have  the  honour  to 
confirm that the European Community accepts the Agreement. 

We should  be grateful  if you  would  kindly  confirm  that  the Kingdom  of Norway 
accepts the Agreement. The Agreement between the European Community and the 
Kingdom of Norway shall thereby be concluded, as set out in the attached text." 

We have the honour to confirm that the Kingdom of Norway accepts the Agreement. 

Please accept, Gentlemen, the assurance of our highest consideration. 

On behalf of 
the Kingdom of Norway 

AGREEMENT  ON  CUSTOMS  CO-OPERATION  BETWEEN 

THE  EUROPEAN  COMMUNITY  AND THE  KINGDOM  OF  NORWAY 

THE EUROPEAN  COMMUNITY, 

and 

THE KINGDOM OF NORWAY, 

DESIROUS of facilitating  traffic  between  the Community  and Norway, 

CONSIDERING that  more  economical  use  of  resources  in  controlling  traffic  of  mostly  a 
low volume  of goods and in supervising  the common  border could be made, 

CONSIDERING  that  this  can  be  achieved  by  introducing,  in  respect  of  their  trade 
relations,  arrangements  on  customs  co-operation  to  take  the  place  of  national 
arrangements  concluded  between  the  Kingdom  of  Norway  and the  Republic  of Finland, 
on the one hand, and between  the Kingdom of  Norway  and the Kingdom  of  Sweden,  on 
the other hand, 

CONSIDERING  that,  owing  to  geographical,  historical,  social  and  economic  factors, 
Norway's  exceptional  situation justifies  special  arrangements  in the field  of customs  co 
operation, 

HAVE  AGREED AS  FOLLOWS: 

Article 1 

A  customs  co-operation  between  the  European  Community  and  the  Kingdom  of 
Norway  shall be set  up in accordance  with the provisions set  out  below. 

Article  2 

1.  The customs  co-operation  as  provided  for  by  Article  I applies  at  the  customs  posts 

listed  in the Appendix 

2.  The Appendix  to this Agreement  shall  form an integral  part  thereof 

Article  3 

1.  At the customs posts  referred  to  in Article 2,  and under the conditions  set  out  in this 
Agreement,  the  Norwegian  customs  authorities  shall  be  authorised  to  perform,  for 
and on behalf of the Finnish or  Swedish  customs  authorities,  all  customs  checks and 
formalities  for  goods  under  the  Community  customs  rules  applicable  to  import, 
export,  transit  and  the  placing  under  any  customs  procedure  of  goods  between  the 
Community and Norway. 

2.  The  rules  referred 

to  in  the  first  paragraph  shall  be  those  applicable  in  the 

Community  at  any  moment. 

3.  The  checks  and  formalities  referred  to  in  the  first  paragraph  do  not  include  the 
payment  of  refunds  or  other  amounts  provided  for  under  the  common  agricultural 
policy. 

Article  4 

The Norwegian  customs authorities  shall conclude,  with  respectively  the  Finnish and the 
Swedish  customs  authorities,  an  administrative  arrangement  for  the  implementation  of 
to  the  Commission  of  the 
this  Agreement.  These  arrangements  shall  be  notified 
European  Communities. 

Article  5 

The  Community  agents  may  carry  out  any  necessary  control  in  accordance  with  the 
following  provisions: 

a)  Article  18  of  Council  Regulation  (EEC)  N°  1552/89  of  29  May  19892  applying 
Decision  88/376/EEC,  Euratom  on  the  system  of the  Community's  own  resources; 

b)  Articles  8  and  9  of  Council  Regulation  (EEC)  N°  729/70  of  21  April  19703  on  the 

financing  of the  common  agricultural  policy; 

c)  Article  6  of  Council  Regulation  (EEC)  N°  595/91  of  4  March  19914  concerning 
irregularities  and  the  recovery  of  sums  wrongly  paid  in  connection  with  the 
financing  of  the  common  agricultural  policy  and  the  organisation  of  an  information 
system  in this  field  and  repealing  Regulation  (EEC)  N° 283/72; 

d)  Article  188 C of the Treaty  establishing  the  European  Community. 

Article 6 

The Kingdom  of Norway  shall  accept  the  same  obligations  as the  customs  authorities  of 
the  Community  Member  States  in  the  exercise  of  this  authorisation  and  in  particular  the 
provisions  of  Council  Regulation  (EEC)  Nl  1468/81  oï  19  May  1981s  on  mutual 
assistance  between 
the  administrative  authorities  oi'  the  Member  States  and  co 
operation  between  the  latter  and  the  Commission  to  ensure  the  correct  application  of 
the  law on  customs  or  agricultural  matters. 

2  OJEC N° L  155 of 7.6.1989. p.  I. 
3  OJEC N° L 94 of 28.4.1970. p.  13. 
4  OJEC N°L 67 of  14.3.1991. p.  II. 
5  OJECN°L  144 of 2.6.1981,  p.  I. 

Article 7 

1.  A  Joint  Committee  is  hereby  established  which  shall  be  responsible  for  the 
administration  of  this  Agreement  and  shall  ensure  its  proper  implementation.  For 
this purpose,  it shall  make  recommendations. 

2.  For  the  purpose  of  the  proper  implementation  of  this  Agreement  the  Contracting 
Parties  shall  exchange  information  and,  at  the  request  of  either  Party,  shall  hold 
consultations within  the Joint  Committee. 

3. 

The Joint  Committee  shall adopt  its own  rules of  procedure. 

Article 8 

1.  The Joint  Committee  shall  consist  of representatives  of the Contracting  Parties . 

2. 

The Joint  Committee  shall  act  by mutual  agreement. 

Article  9 

1.  Either  Contracting  Party  may  denounce  this  Agreement  by  notifying  the  other 
Contracting  Party.  This  Agreement  shall  cease  to  be  in  force  twelve  months  after 
the date of such  notification. 

2.  In  case the  denounciation  results  from  a substantial  fraud  involving  responsibility  on 
the  part  of  the  authorities,  and  provided  that  such  is  mentioned  in  the  notification, 
the  period  of  twelve  months,  referred  to  in  the  first  paragraph,  is  reduced  to  three 
months. 

Article  10 

This  Agreement  shall  apply,  on  the  one  hand,  to  the  territories  to  which  the  Treaty 
establishing  the  European  Community  is applied  and  under  the  conditions  laid  down  in 
that  Treaty  and,  on  the other,  to  the  territory  of the  Kingdom  of  Norway. 

Article  11 

1.  This  Agreement  is  drawn  up  in  duplicate  in  the  Danish,  Dutch,  English,  Finnish, 
French,  German,  Greek,  Italian,  Portuguese,  Spanish,  Swedish  and  Norwegian 
languages, each  of these  texts being equally  authentic. 

2. 

3. 

It  will  be  approved  by  the  Contracting  Parties  in  accordance  with  their  own 
procedures. 

It  shall  enter  into  force  on  1 March  1997,  provided  that  the  Contracting  Parties 
have  notified  each  other  before  that  date  that  the  procedures  necessary  to  this  end 
have  been  completed  After  this  date,  this  Agreement  shall  enter  into  force  on  the 
first day  of the third  month  following  such  notification. 

The  provisions  of  the  bilateral  agreements  on  customs  co-operation  concluded 
between  the  Kingdom  of  Norway  and  the  Republic  of  Finland,  on  the  one  hand, 
and  between  the  Kingdom  of  Norway  and  the  Kingdom  of  Sweden,  on  the  other 
hand,  shall,  for  the  matters  falling  within  the  Community's  jurisdiction,  cease  to 
have effect  on the entry into force  of this Agreement. 

Done at 
ninety-seven. 

on the 

day of 

in the year one thousand  nine hundred and 

For the European  Community 

For the Kingdom of Norway 

Appendix 

CUSTOMS POSTS REFERRED TO IN ARTICLE 2 

1.  CUSTOMS POSTS BETWEEN NORWAY AND SWEDEN 

1.1.  Posts located on Norwegian territory 

-  Junkerdal 

-  0rje 

-  0stby 

-  Svinesund 

-  Vauldalen 

1.2.  Posts located on Swedish  territory 

-  Âsnes 

-  Bjornfjell / Narvik <•> 

2.  CUSTOMS POSTS BETWEEN NORWAY AND FINLAND 

2.1.  Posts located on Norwegian  territory 

-  Neiden 

-  Polmak 

2.2.  Posts located on Finnish  territory 

-  Kilpisjaervi 

-  Kivilompolo 

-  Karigasniemi 

-  Utsjoki 

(*)  Legated on Norwegian terrrt©r>. 

ISSN 0254-1475 

COM(97) 26  final 

DOCUMENTS 

EN 

11  02  13 

Catalogue number  :  CB-CO-97-023-EN-C 

ISBN 92-78-15190-4 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

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