AGREEMENT

in the form of exchanges of letters between the European Community and the Kingdom of Norway concerning certain agricultural products

EXCHANGE OF LETTERS No 1

Brussels, ...

Sir,

I have the honour to refer to the Agreements in the form of exchanges of letters of 16 April 1973, 14 July 1986 and 2 May 1992 between the European Economic Community and the Kingdom of Norway concerning certain agricultural products and to the negotiations which have taken place between the two parties with a view to adapting the said exchanges of letters and establishing trade arrangements for certain agricultural products, in the spirit of Article 15 of the EEC-Norway Free Trade Agreement, consequent on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union.

I hereby confirm that the results of the negotiations were as follows:

Norway and the Community agree that, from 1 January 1995, the mutual concessions under the abovementioned exchanges of letters shall be extended to the enlarged Community.

Norway and the Community agree to conclude a new arrangement on their reciprocal trade in cheese. The text of that arrangement is set out in Annex I hereto.

From 1 January 1995 the Community will open for Norway the annual tariff quotas set out in Annex II hereto.

From 1 January 1995 Norway will open for the Community the annual tariff quotas set out in Annex III hereto.

As regards imports of hay falling within heading ex 1214.90, Norway undertakes to apply its import arrangements on the basis of the principle ‘first come first served’.

The rules of origin for the application of the quotas referred to in points 2, 3 and 4 above are set out in Annex IV hereto.

This exchange of letters shall be approved by the Contracting Parties in accordance with their normal procedures.

I should be obliged if you would confirm your agreement with the contents of this letter.

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

For the Government of the Kingdom of Norway

Brussels, ...

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 Agreements in the form of exchanges of letters of 16 April 1973, 14 July 1986 and 2 May 1992 between the European Economic Community and the Kingdom of Norway concerning certain agricultural products and to the negotiations which have taken place between the two parties with a view to adapting the said exchanges of letters and establishing trade arrangements for certain agricultural products, in the spirit of Article 15 of the EEC-Norway Free Trade Agreement, consequent on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union.

I hereby confirm that the results of the negotiations were as follows:

Norway and the Community agree that, from 1 January 1995, the mutual concessions under the abovementioned exchanges of letters shall be extended to the enlarged Community.

Norway and the Community agree to conclude a new arrangement on their reciprocal trade in cheese. The text of that arrangement is set out in Annex I hereto.

From 1 January 1995 the Community will open for Norway the annual tariff quotas set out in Annex II hereto.

From 1 January 1995 Norway will open for the Community the annual tariff quotas set out in Annex III hereto.

As regard imports of hay falling within heading ex 1214.90, Norway undertakes to apply its import arrangements on the basis of the principle “first come first served”.

The rules of origin for the application of the quotas referred to in points 2, 3 and 4 above are set out in Annex IV hereto.

This exchange of letters shall be approved by the Contracting Parties in accordance with their normal procedures.

I should be obliged if you would confirm your agreement with the contents of this letter.’

I have the honour to confirm that the Community is in agreement with the contents of your letter.

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

On behalf of the Council of the European Union

ANNEX I

ARRANGEMENT

between the European 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 with a view to adapting their bilateral agricultural concessions following the accession of Austria, Finland and Sweden to the European Union, the European Community and the Kingdom of Norway have agreed to conclude a new arrangement with effect from 1 January 1995 concerning their reciprocal trade in cheese(1). In view of the common interest of the Community and Norway in offering consumers, in addition to home-produced cheese, types of imported cheese, the provisions of this arrangement read as follows:

The import duties on the annual quantities of cheese set out below may not exceed the following levels:

(a) On import into the Community (excluding Spain and Portugal):

Cheese covered by CN code 0406, originating in Norway and accompanied by an approved certificate(2):

Annual quantity (tonnes)

Import duty (ECU/100 kg)

—

Jarlsberg, 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 3 months:

—	whole cheeses with rind (3 5) weighing from 8 kg to 12 kg

—	rectangular blocks of a net weight not exceeding 7 kg(4)

—	pieces packed in vacuum 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 5) weighing from 1 kg to 2 kg

—	pieces packed in vacuum or in inert gas, with rind on at least one side (3 5), of a net weight of not less than 150 g(4)

2 263

66,41

—	Whey cheese

357

7,50

(b) on import into Norway:

Annual quantity (tonnes)

Import duty (Nkr/kg)

—	Cheese of all types and varieties, originating in the Community

2 560

1,20

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 arrangement;

— 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.

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.

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 intervals 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.

Consultations will be held at the request of either party on any question relating to the operation of this arrangement. The two parties may, by common accord, alter it by reference in particular to the trend in market prices, production, marketing or consumption of home-produced and imported cheeses.

This arrangement shall apply, on the one hand, to the territories in which the Treaty establishing the European 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.

This arrangement shall replace the arrangement between the European Economic Community and the Kingdom of Norway concerning reciprocal trade in cheese, signed on 2 May 1992.

ANNEX II

Annual tariff quotas granted by the European Community to the Kingdom of Norway

CN code	Description	Quantity (tonnes)	Rate of duty
1504 10 10	Fish-liver oils and their fractions, of a vitamin A content not exceeding 2 500 IU/g	103	free
1504 20 10	Solid fractions of fats and oils of fish, other than liver oils	384	free
ex 1516 10 90	Animal fats and oils and their fractions, wholly of fish or marine mammals, in bulk	5 141	free
ex 2309 90 31	Fish feed	1 177	free

ANNEX III

Annual tariff quotas granted by the Kingdom of Norway to the European Community

Norwegian tariff position	Description	Quantity (tonnes)	Rate of duty (Nkr/kg)
0407 00 11 0407 00 19	Birds' eggs, in shell, of the species Gallus domesticus	290	free
0511 99 11 0511 99 21	Powdered animal blood	300	free
1209 23 00	Fescue seed	75	free
1209 24 00	Kentucky blue grass seed	50	free
1602 49 10	Bacon crisp (roasted puffy bacon rind)	50	1,40

ANNEX IV

Rules of origin

The provisions of Protocol 3 to the Agreement between the European Economic Community and the Kingdom of Norway concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation as last amended by Decision No 1/94 of the EC-Norway Joint Committee of 8 March 1994

(

3 5

)

, shall apply

mutatis mutandis

to the products mentioned in Annexes I, II and III.

The specific rules for the working or processing to be carried out on non-originating materials used in the manufacture of the products in question in order that they obtain originating status and which are not yet mentioned in Annex II to the said Protocol 3 shall be the following:

HS heading

Description

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

0407

Birds' eggs, in shell

Manufacture in which all the birds' eggs of Chapter 4 used must be wholly obtained

ex 0511

Powdered animal blood

Manufacture in which all the materials of Chapter 5 used must be wholly obtained

ex 1209

Seeds

Manufacture in which all the materials of Chapter 12 used must be wholly obtained

ex 1504

—	Fish-liver oils and their tractions, of a vitamin A content not exceeding 2 500 IU/g

Manufacture in which all the materials of Chapter 3 used must be wholly obtained

—	Solid fractions of fats and oils, of fish, other than liver oils

Manufacture from materials of any heading including other materials of heading No 1504

ex 1516

Animal fats and oils and their fractions, obtained entirely from fish or marine mammals

Manufacture in which all the materials of Chapters 2 and 3 used must be wholly obtained

ex 1602

Bacon crisp

Manufacture from animals of Chapter 11

ex 2309

Fish feed

Manufacture in which:

—	all the cereals, sugar or molasses, meat or milk used must already be originating, and

—	all the materials of Chapter 3 used must be wholly obtained

Exchange of letters No 2

Brussels, ...

Sir,

I have the honour to refer to the arrangement between the European Economic Community and the Kingdom of Norway on reciprocal trade in cheese and to the negotiations which have taken place with a view to adjusting that arrangement following the accession of Austria, Finland and Sweden to the European Union.

In this connection, I confirm that Norway accepts the following undertakings:

Subject to a limit of 200 tonnes of cheese, Norway forgoes the provisions of its letter of 11 April 1983 in which it reserved the right to restrict imports of certain cheeses from the Community.

Norway recognizes that the change in import arrangements for cheese in the Canary Islands from 1 July 1992, which affected traditional exports from Norway, has been taken fully into account under the new arrangement.

Under these circumstances, Norway forgoes any further compensation for cheeses not covered by the Agreement between the Community and Norway of 14 July 1986 concluded following the accession of Spain to the European Communities.

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

For the Government of the Kingdom of Norway

Brussels, ...

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 arrangement between the European Economic Community and the Kingdom of Norway on reciprocal trade in cheese and to the negotiations which have taken place with a view to adjusting that arrangement following the accession of Austria, Finland and Sweden to the European Union.

In this connection, I confirm that Norway accepts the following undertakings:

Subject to a limit of 200 tonnes of cheese, Norway forgoes the provisions of its letter of 11 April 1983 in which it reserved the right to restrict imports of certain cheeses from the Community.

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

On behalf of the Council of the European Union

(1) This arrangement is without prejudice to point 3 of the exchange of letters concerning reciprocal trade in cheese signed on 14 July 1986 between the Community and Norway following 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 or 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.

(5)

OJ No L 204, 6. 8. 1994, p. 90