Proposal for a Council Decision concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Kingdom of Norway, of the other part, on Protocol 2 to the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway
Date: 2002-07-19
Institutions: European Commission
Subjects: Norway, agreement (EU), agro-industry, bilateral agreement, import policy, protocol to an agreement, tariff quota

C 291 E/174

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Official Journal of the European Communities

26.11.2002

Proposal for a Council Decision concerning the conclusion of an Agreement in the form of an
Exchange of Letters between the European Community, of the one part, and the Kingdom of
Norway, of the other part, on Protocol 2 to the bilateral Free Trade Agreement between the
European Economic Community and the Kingdom of Norway

(2002/C 291 E/08)

COM(2002) 409 final — 2002/0166(ACC)

(Submitted by the Commission on 19 July 2002)

EXPLANATORY MEMORANDUM

The trade arrangements applicable to processed agricultural products between the European Community
and the Kingdom of Norway are governed by Protocol 2 to the bilateral free trade agreement of the one
part and by Protocol 3 of the European Economic Area Agreement of the other part.

from 1 January 1995,

Pursuant to articles 76, 102 and 128 of the Act of Accession, Austria, Finland and Sweden had to apply,
the preferential agreements concluded by the
with effect
Community with certain third countries (Switzerland and Norway),
it being understood that all the
amendments required as a result of enlargement would be the subject of additional protocols to be
negotiated with the countries in question.

the provisions of

The above articles stipulate that,
Community had to take the necessary steps to regulate the situation.

if the protocols have not been concluded by 1 January 1995, the

Therefore, Council regulation (EC) No 1416/95 of 19 June 1995 (1) establishing concessions in the form of
Community tariff quotas for 1995 for certain processed agricultural products opened tariff quotas for
1995 in favour of Norway and Switzerland.

In 2000, the autonomous measures concerning Switzerland have been taken up in the framework of an
agreement in the form of an exchange of letters between the Community and Switzerland.

As far as Norway was concerned, Council regulation (EC) No 1416/95 was renewed for 1996, 1997,
1998, 1999, 2000, 2001 and 2002 (2). These measures were adopted on the condition that the third
country concerned takes the equivalent reciprocal autonomous measures in favour of the European
Community.

In 1999, the possibility of having the existing bilateral tariff quotas included in Protocol 3 of the European
Economic Area was considered. However, due to the fact that it was impossible to maintain bilateral tariff
quotas following their inclusion in Protocol 3, the European Community and Norway agreed to keep the
quotas in bilateral arrangements outside the EEA Agreement and to have an agreement in the form of an
exchange of letters so as to make these quotas permanent.

The enclosed proposal reflects the above objective and it is proposed that the Council adopts this Decision.

(1) OJ L 141, 24.6.1995, p. 1.
(2) OJ L 46, 16.2.2002, p. 1.

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THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 133 in conjunction
with the first sentence of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) An agreement in the form of an exchange of letters between
the European Community, of the one part, and the Kingdom
of Norway, of the other part, concerning certain processed
agricultural products covered by Protocol 2 to the bilateral
Free Trade Agreement between the European Economic
Community and the Kingdom of Norway (1), has been
negotiated on a reciprocal basis in order to improve the
trading arrangements and solve certain related problems.

(2) Since

the measures necessary for

implementing this
Decision are management measures within the meaning
of Article 2 of Council Decision 1999/468/EEC of
28 June 1999 laying down the procedures
the
conferred on the
implementing powers
exercise of
Commission (2) they should be adopted by the management
procedure laid down in Article 4 of that Decision.

for

(3) The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

the other part, concerning Protocol 2 to the
Norway, of
bilateral
European
Free Trade Agreement between the
Economic 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

Rules for the application of this Decision shall be adopted by
the Commission, assisted by the management committee on
horizontal questions concerning trade in processed agricultural
products referred to in Article 16 of Council Regulation (EC)
No 3448/93 (3). Article 4 of Decision 1999/468/EC shall apply:
the period provided for in Article 4(3) of that Decision shall be
set at one month.

Article 3

The President of the Council is hereby authorised to designate
the person empowered to sign the Agreement referred to in
Article 1 in order to bind the Community.

Article 1

Article 4

The Agreement in the form of an Exchange of Letters between
the European Community, of the one part, and the Kingdom of

This Decision shall enter into force on the first day of the
second month following that of its adoption.

(1) OJ L 171, 27.6.1973, p. 1.
(2) OJ L 184, 17.7.1999, p. 23.

(3) OJ L 318, 20.12.1993, p. 18. Regulation last amended by Regu-

lation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).

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Official Journal of the European Communities

26.11.2002

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS

between the European Community, of the one part, and the Kingdom of Norway, of the other
part, concerning Protocol No 2 to the bilateral Free Trade Agreement between the European
Economic Community and the Kingdom of Norway

Sir,

A. Letter from the Community

I have the honour to confirm that the European Community is in agreement with the ‘Agreed minutes’
attached to this letter concerning a number of changes to the import arrangements applied by the
Community and the Kingdom of Norway respectively to processed agricultural products, certain of
which are covered by Protocol No 2 to the bilateral free trade agreement.

I should be obliged if you would confirm that the Government of the Kingdom of Norway is in agreement
with the content of this letter.

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

For the European Community

Sir,

B. Letter from Norway

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

‘I have the honour to confirm that the European Community is in agreement with the “agreed
minutes” attached to this letter concerning a number of changes to the import arrangements
applied by the Community and the Kingdom of Norway respectively to processed agricultural
products, certain of which are covered by Protocol No 2 to the bilateral free trade agreement.’

I have the honour to confirm that my Government is in agreement with the content of your letter and the
proposed date of entry into force of the amendments.

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

For the Government of the Kingdom of Norway

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Official Journal of the European Communities

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I. Introduction

AGREED MINUTES

A number of meetings were held between European Commission officials and officials of the Kingdom of
Norway on the autonomous measures adopted following the accession of Austria, Finland and Sweden to
the EU in 1995.

After these meetings, it was agreed to submit for approval to their respective authorities a number of
changes to the import arrangements applied by the Community and the Kingdom of Norway respectively
to certain processed agricultural products, which are covered by Protocol No 2 to the bilateral free trade
agreement.

These changes will apply from [1 January 2003].

II. Norwegian import arrangements

1. The Kingdom of Norway will open the following annual tariff quotas for the European Community:

Norwegian
tariff codes

Description

Volume

Applicable rate
of duty

1506.0021

Bonefat, bone oil and neat’s foot oil

1518.0041

Lineseed oil

2102.3000

Prepared baking powder

2103.3009

Prepared mustard, containing 5 % or more by weight of
added sugar

2402.2000

Cigarettes containing tobacco

2 360 tonnes

100 tonnes

160 tonnes

160 tonnes

410 tonnes

2403.9990

Other, except homogenised or reconstituted tobacco

280 tonnes

Free

Free

Free

Free

Free

Free

III. Community import arrangements

1. The Community will open the following annual quotas for Norway:

Order
number

CN Code

Description

Volume

Applicable rate
of duty

09.0765

1517 10 90

Margarine excluding liquid margarine
– – Other

09.0766

2102 30 00

Prepared baking powders

09.0767

ex 2103 90 90
(TARIC code
10 and 89)

Sauces and preparations thereof, mixed
condiments and mixed seasonings of
CN code
than
2103 90 90,
mayonnaise

other

2 470 tonnes

150 tonnes

130 tonnes

09.0768

2104 10

Soups
therefore

and broths

and preparations

390 tonnes

09.0769

2106 90 92

not

preparations

elsewhere
Food
included/other, containing
specified or
fats,
isoglucose,
no milk
starch or containing, by
glucose or
weight,
less than 1,5 % milk fat, 5 %
sucrose or isoglucose, 5 % glucose or
starch

sucrose,

510 tonnes

Free

Free

Free

Free

Free

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Order
number

CN Code

Description

Volume

Applicable rate
of duty

09.0771

ex 2207 10 00

(TARIC Code
90)

Undenatured ethyl alcohol of an alcohol
strength by volume of 80 % vol. or
higher/other than that obtain from agri-
cultural products listed in Annex I to the
EEC Treaty

134 000 hectolitres

Free

09.0772

ex 2207 20 00
TARIC Code
90)

and

other

alcohol

spirits,
Ethyl
than
denatured, of any strength/other
from agricultural
those
products listed in Annex I to the EEC
Treaty

obtained

3 340 hectolitres

Free

09.0774

2403 10

tobacco, whether

Smoking
containing tobacco substitutes
proportion

or
not
in any

370 tonnes

Free

The tariff quotas specified under II and III shall be granted to originating products in accordance with the
rules of origin laid down in Protocol No 3 to the EC/Norway Free Trade Agreement.