AGREEMENT

in the form of an exchange of letters between the European Economic Community and the Republic of Iceland 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 Iceland 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 as a result of these discussions, the Republic of Iceland will, from the date of entry into force of the EEA Agreement, abolish import duties for the products listed in Annex I to this letter originating in the Community within the meaning of Annex II.

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

On behalf of the Council of the European Communities

[Bild bitte in Originalquelle ansehen]

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 Iceland which have taken place in the framework of the negotiations on an EEA Agreement, and to Protocol 42 attached to that Agreement.

I should be obliged if you would confirm that the Government of the Republic of Iceland 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 Republic of Iceland

[Bild bitte in Originalquelle ansehen]

ANNEX I

Icelandic Customs Tariff heading No

Description

ex 0603 10 00

Cut flowers:

—	Carnations, Protea, Anthurium, Ornithogalum, Strelitzia; (1 December to 30 April)

ex 0702 00

Tomatoes (1 November to 15 March), fresh or chilled

ex 0703 10 00

Onions other than sets, fresh or chilled

0703 20 00

Garlic, fresh or chilled

ex 0705 11 00

Cabbage lettuce (1 November to 15 March), fresh or chilled

ex 0707 00

Cucumbers and gherkins (1 November to 15 March), fresh or chilled

0709 20 00

Asparagus, fresh or chilled

0709 30 00

Aubergines (eggplants), fresh or chilled

ex 0709 60 09

Sweet peppers (1 November to 15 March), fresh or chilled

ex 0709 90 09

Courgettes, fresh or chilled

0710 29 00

Leguminous vegetables other than peas and beans, frozen

ex 0710 80 00

Sweet peppers, frozen (1 November to 15 March)

ex 0712 90 09

Other dried vegetables, other than sweet corn, tomatoes and carrots, mixtures of dried vegetables

0802 11 00

12 00

Almonds, fresh or dried

0802 31 00

32 00

Walnuts, fresh or dried

0802 21 00

22 00

Hazelnuts or filerts, fresh or dried

0813 50 00

Mixtures of nuts or dried fruits of this Chapter

ex 0802 90 00

Pine kernels

0803 00 00

Bananas, fresh of dried

0804 30 00

Pineapples, fresh or dried

ex 0804 20 00

Dried figs

0805 10 00

Oranges, fresh or dried

0805 20 00

Mandarines clementines, etc., fresh or dried

0805 30 01

Lemons, fresh or dried

ex 0806 10 00

Table grapes, fresh

0806 20 01

20 09

Dried grapes

0807 10 00

Melons, including watermelons, fresh

0809 10 00

Apricots, fresh

0809 20 00

Cherries, fresh

0809 30 00

Peaches, including nectarines, fresh

ex 0809 40 00

Plums, fresh

0810 10 00

Strawberries, fresh

ex 0810 90 00

Kiwi fruit, fresh

0811 10 01

10 09

Frozen strawberries, with or without added sugar or other sweetening matter

ex 0812 90 00

Apricots, provisionally preserved

0813 10 00

Dried apricots

0805 30 09

Limes, fresh or dried

0904 20 01

20 09

Fruits of the genus Capiscum or of the genus Pimenta, dried or ground

0905 00 00

Vanilla

0910 20 00

Saffron

1006

Rice

1211

Plants and parts of plants of a kind used primarly in perfumery pharmacy, etc.

1302 31 01

31 09

Agar-agar

1509

Olive oil

1804 00 00

Cocoa butter, fat and oil

2002

Prepared or preserved tomatoes, otherwise than by vinegar or acetic acid

ex 2003 10 00

Prepared or preserved mushrooms

ex 2004 90 00

Prepared or preserved artichokes, frozen

2005 60 00

Prepared or preserved asparagus, not frozen

2005 70 00

Prepared or preserved olives, not frozen

ex 2005 90 00

Prepared or preserved artichokes, not frozen

ex 2005 90 00

Prepared or preserved capers, not frozen

ex 2006 00

Fruits, preserved by sugar, other than ginger and cherries, with a sugar content exceeding 13 % by weight

2008 20 01

20 09

Prepared or preserved pineapples

ex 2008 30 01

30 09

Prepared or preserved mandarines (including tangerines and satsumas); clemantines, wilkings and other similar citrus hybrids

2008 50 01

50 09

Prepared or preserved apricots

2008 70 01

70 09

Prepared or preserved peaches

ex 2009 11 01

11 09

19 01

19 09

Orange juice, other than of a value not exceeding ECU 30 per 100 kg net weight

ex 2009 30 01

30 09

Juice of any other single citrus fruit, of a density not exceeding 1,33 g/cm3 at 20 oC, of a value exceeding ECU 30 per 100 kg net weight, other than containing added sugar

ex 2009 60 01

60 09

Other grape juice

ex 2204 30 00

Other grape must, other than in fermentation or with fermentation arrested otherwise than by the addition of alcohol

ex 2204 21

Other wine, of an actual alcoholic strength by volume exceeding 15 % vol but not exceeding 18 % vol, in containers of two litres or less

ex 2204 29

Other wine, of an actual alcoholic strength by volume exceeding 15 % vol but not exceeding 18 % vol, other than in containers of two litres or less

ex 2208 30 00

Irish whiskey, other than Bourbon whiskey, rum and taffia

2208 40 00

Rum and taffia

ex 2208 90 09

Ouzo

ex 2208 90 04

Irish cream liqueurs

2401

Unmanufactured tobacco; tobacco refuse

ANNEX II

RULES OF ORIGIN

For the purpose of implementing the Agreement, a product shall be considered to be originating in the Community if it has been wholly obtained there.

The following shall be considered as wholly obtained in the Community:

(a) vegetable products harvested there;

(b) live animals born and raised there;

(d) goods produced there exclusively from products specified in (a) to (c).

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.

Notwithstanding point 1, the products mentioned in columns 1 and 2 of the list in the Appendix, obtained in the Community 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.

The preferential treatment provided for under the Agreement applies only to products which are transported directly from the Community to Iceland without passing through the territory of another country. However, products constituting one single consignment may be transported through territory other than that of the Community and Iceland 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.

Evidence that the conditions referred to in point 3.1 have been fulfilled shall be supplied to the customs authorities of Iceland in accordance with Article 13 (2) of Protocol 4 to the EEA Agreement.

Originating products within the meaning of this Annex shall, on importation into Iceland, 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.

The documents referred to in point 4.1 shall clearly indicate that the products concerned are originating in the Community within the meaning of this Agreement by using the word ‘Community’ 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.

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 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

2002

Prepared or preserved tomatoes, otherwise than by vinegar or acetic acid

Manufacture in which all the tomatoes of Chapter 7 or 20 used must be wholly obtained

ex 2003

Prepared or preserved mushrooms

Manufacture in which all the mushrooms used must be wholly obtained

ex 2004

Prepared or preserved artichokes

Manufacture in which all the artichokes used must be wholly obtained

ex 2005

Prepared or preserved asparagus, artichokes, olives and capers

Manufacture in which all the vegetables used must be wholly obtained

ex 2006

Fruit preserved by sugar, other than ginger and cherries, with a sugar content exceeding 13% by weight

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, other than of a value not exceeding ECU 30 per 100 kg net weight

Manufacture in which all the fruits or any material derived from fruits used must be wholly obtained

ex 2009

Juice of other citrus fruits, of a density not exceeding 1,33 g/cm3 at 20 oC, of a value exceeding ECU 30 per 100 kg net weight other than containing added sugar

Manufacture in which all the fruits or any material derived from fruits used must be wholly obtained

ex 2009

Other grape juice

Manufacture in which all the grapes used must be wholly obtained

ex 2204

Other grape must, other than in fermentation or with fermentation arrested otherwise than by addition of alcohol

Manufacture in which all the grapes or any material derived from grapes used must be wholly obtained

ex 2204

Other wine, of an actual alcoholic strength by volume exceeding 15% vol but not exceeding 18% vol

Manufacture in which all the grapes or any material derived from grapes used must be wholly obtained

ex 2208

Irish whiskey, rum and taffia, ouzo, Irish cream liqueurs

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