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):

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(b) on importation into Norway

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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).

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:

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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:

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(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.

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.

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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

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