21972A0722(05) 21972A0722(05) Agreement between the European Economic Community and the Republic of Iceland - Protocol No 1 concerning the treatment applicable to certain products - Protocol No 2 conc
Article 28. Article 24 1.
The following are incompatible with the proper functioning of the Agreement in so far as they may affect trade between the Community and Iceland: (
- i)all agreements between undertakings, decisions by associations of undertakings and concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition as regards the production of or trade in goods; (
- ii)abuse by one or more undertakings of a dominant position in the territories of the Contracting Parties as a whole or in a substantial part thereof; (iii) any public aid which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods. 2. Should a Contracting Party consider that a given practice is incompatible with this Article, it may take appropriate measures under the conditions and in accordance
Article 28
. Article 25 Where an increase in imports of a given product is or is likely to be seriously detrimental to any production activity carried on in the territory of one of the Contracting Parties and where this increase is due to: (
- i)the partial or total reduction in the importing Contracting Party, as provided for in the Agreement, of customs duties and charges having equivalent effect levied on the product in question ; and (
- ii)the fact that the duties or charges having equivalent effect levied by the exporting Contracting Party on imports of raw materials or intermediate products used in the manufacture of the product in question are significantly lower than the corresponding duties or charges levied by the importing Contracting Party; the Contracting Party concerned may take appropriate measures under the conditions and in accordance
Article 28
. Article 26 If one of the Contracting Parties finds that dumping is taking place in trade with the other Contracting Party, it may take appropriate measures against this practice in accordance with the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade, under the conditions and in accordance
Article 28
. Article 27 If serious disturbances arise in any sector of the economy or if difficulties arise which could bring about serious deterioration in the economic situation of a region, the Contracting Party concerned may take appropriate measures under the conditions and in accordance
Article 28. Article 28 1.
In the event of a Contracting Party subjecting imports of products liable to give rise to the difficulties referred to in Articles 25 and 27 to an administrative procedure, the purpose of which is to provide rapid information on the trend of trade flows, it shall inform the other Contracting Party. 2. In the cases specified in Articles 23 to 27, before taking the measures provided for therein or, in cases to which paragraph 3 (
- d)applies, as soon as possible, the Contracting Party in question shall supply the Joint Committee with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Contracting Parties. In the selection of measures, priority must be given to those which least disturb the functioning of the Agreement. The safeguard measures shall be notified immediately to the Joint Committee and shall be the subject of periodical consultations within the Committee, particularly with a view to their abolition as soon as circumstances permit. 3. For the implementation of paragraph 2, the following provisions shall apply: (
- a)As regards Article 24, either Contracting Party may refer the matter to the Joint Committee if it considers that a given practice is incompatible with the proper functioning of the Agreement within the meaning of Article 24
(1). The Contracting Parties shall provide the Joint Committee with all relevant information and shall give it the assistance it requires in order to examine the case and, where appropriate, to eliminate the practice objected to. If the Contracting Party in question fails to put an end to the practice objected to within the period fixed by the Joint Committee, or in the absence of agreement in the Joint Committee within three months of the matter being referred to it, the Contracting Party concerned may adopt any safeguard measures it considers necessary to deal with the serious difficulties resulting from the practices in question ; in particular it may withdraw tariff concessions. (
- b)As regards Article 25, the difficulties arising from the situation referred to in that Article shall be referred for examination to the Joint Committee which may take any decision needed to put an end to such difficulties. If the Joint Committee or the exporting Contracting Party has not taken a decision putting an end to the difficulties within thirty days of the matter being referred, the importing Contracting Party is authorized to levy a compensatory charge on the product imported. The compensatory charge shall be calculated according to the incidence on the value of the goods in question of the tariff disparities in respect of the raw materials or intermediate products incorporated therein. (
- c)As regards Article 26, consultation in the Joint Committee shall take place before the Contracting Party concerned takes the appropriate measures. (
- d)Where exceptional circumstances requiring immediate action make prior examination impossible, the Contracting Party concerned may, in the situations specified in Articles 25, 26 and 27 and also in the case of export aids having a direct and immediate incidence on trade, apply forthwith the precautionary measures strictly necessary to remedy the situation. Article 29 Where one or more Member States of the Community or Iceland is in difficulties or is seriously threatened with difficulties as regards its balance of payments, the Contracting Party concerned may take the necessary safeguard measures. It shall inform the other Contracting Party forthwith. Article 30 1. A Joint Committee is hereby established which shall be responsible for the administration of the Agreement and shall ensure its proper implementation. For this purpose, it shall make recommendations and take decisions in the cases provided for in the Agreement. These decisions shall be put into effect by the Contracting Parties in accordance with their own rules. 2. For the purpose of the proper implementation of the 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 31 1. The Joint Committee shall consist of representatives of the Community, on the one hand, and of representatives of Iceland, on the other. 2. The Joint Committee shall act by mutual agreement. Article 32 1. Each Contracting Party shall preside in turn over the Joint Committee, in accordance with the arrangements to be laid down in its rules of procedure. 2. The Chairman shall convene meetings of the Joint Committee at least once a year in order to review the general functioning of the Agreement. The Joint Committee shall, in addition, meet whenever special circumstances so require, at the request of either Contracting Party, in accordance with the conditions to be laid down in its rules of procedure. 3. The Joint Committee may decide to set up any working party that can assist it in carrying out its duties. Article 33 1. Where a Contracting Party considers that it would be useful in the common interest of both Contracting Parties to develop the relations established by the Agreement by extending them to fields not covered thereby, it shall submit a reasoned request to the other Contracting Party. The Contracting Parties may instruct the Joint Committee to examine this request and, where appropriate, to make recommendations to them, particularly with a view to opening negotiations. 2. The agreements resulting from the negotiations referred to in paragraph 1 will be subject to ratification or approval by the Contracting Parties in accordance with their own procedures. Article 34 The Annexes and Protocols to the Agreement shall form an integral part thereof. Article 35 Either Contracting Party may denounce the Agreement by notifying the other Contracting Party. The Agreement shall cease to be in force twelve months after the date of such notification. Article 36 The Agreement shall apply, on the one hand, to the territories to which the Treaty establishing the European Economic Community applies upon the terms laid down in that Treaty and, on the other, to the territory of the Republic of Iceland. Article 37 This Agreement is drawn up in duplicate in the Danish, Dutch, English, French, German, Icelandic, Italian and Norwegian languages, each of these texts being equally authentic. This Agreement will be approved by the Contracting Parties in accordance with their own procedures. It shall enter into force on 1 January 1973, 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 second month following such notification. The final date for such notification shall be 30 November 1973. The provisions applicable on 1 April 1973 shall be applied upon the entry into force of this Agreement if it enters into force after that date. Udfördiget i Bruxelles, den toogtyvende juli nitten hundrede og tooghalvfjerds. Geschehen zu BrŽssel am zweiundzwanzigsten Juli neunzehnhundertzweiundsiebzig. Done at Brussels on this twenty-second day of July in the year one thousand nine hundred and seventy-two. Fait š Bruxelles, le vingt-deux juillet mil neuf cent soixante-douze. Fatto a Bruxelles, il ventidue luglio millenovecen settantadue. Gedaan te Brussel, de tweeūntwintigste juli negentienhonderdtweeūnzeventig. Utferdiget i Brussel, tjueandre juli nitten hundre og syttito. GjŠrt ż Bruxelles, tuttugasta og annan dag jŪlżmńnaŠar nżtjńnhundruŠ sjŠtżu og tvŠ. Põ Rõdet for De europöiske Föllesskabers vegne Im Namen des Rates der Europōischen Gemeinschaften In the name of the Council of the European Communities Au nom du Conseil des Communautłs europłennes A nome del Consiglio delle Comunitš Europee Namens de Raad van de Europese Gemeenschappen For Rõdet for De Europeiske Fellesskap >PIC FILE= "T0010678"> ANNEX I List of products referred to in Article 2 of the Agreement >PIC FILE= "T0010679"> ANNEX II Customs duties of a fiscal nature drawn up on 1 April 1972 >PIC FILE= "T0010680"> >PIC FILE= "T0010681"> >PIC FILE= "T0010682"> >PIC FILE= "T0010683"> >PIC FILE= "T0010684"> >PIC FILE= "T0010685"> >PIC FILE= "T0010686"> >PIC FILE= "T0010687"> >PIC FILE= "T0010688"> >PIC FILE= "T0010689"> >PIC FILE= "T0010690"> >PIC FILE= "T0010691"> >PIC FILE= "T0010692"> >PIC FILE= "T0010693"> >PIC FILE= "T0010694"> >PIC FILE= "T0010695"> >PIC FILE= "T0010696"> >PIC FILE= "T0010697"> >PIC FILE= "T0010698"> >PIC FILE= "T0010699"> >PIC FILE= "T0010700"> >PIC FILE= "T0010701"> >PIC FILE= "T0010702"> >PIC FILE= "T0010703"> >PIC FILE= "T0010704"> >PIC FILE= "T0010705"> >PIC FILE= "T0010706"> >PIC FILE= "T0010707"> >PIC FILE= "T0010708"> >PIC FILE= "T0010709"> >PIC FILE= "T0010710"> >PIC FILE= "T0010711"> >PIC FILE= "T0010712"> >PIC FILE= "T0010713"> >PIC FILE= "T0010714"> >PIC FILE= "T0010715"> >PIC FILE= "T0010716"> >PIC FILE= "T0010717"> >PIC FILE= "T0010718"> >PIC FILE= "T0010719"> >PIC FILE= "T0010720"> >PIC FILE= "T0010721"> >PIC FILE= "T0010722"> >PIC FILE= "T0010723"> >PIC FILE= "T0010724"> >PIC FILE= "T0010725"> >PIC FILE= "T0010726"> >PIC FILE= "T0010727"> >PIC FILE= "T0010728"> >PIC FILE= "T0010729"> >PIC FILE= "T0010730"> >PIC FILE= "T0010731"> >PIC FILE= "T0010732"> >PIC FILE= "T0010733"> >PIC FILE= "T0010734"> >PIC FILE= "T0010735"> >PIC FILE= "T0010736"> >PIC FILE= "T0010737"> >PIC FILE= "T0010738"> >PIC FILE= "T0010739"> >PIC FILE= "T0010740"> >PIC FILE= "T0010741"> >PIC FILE= "T0010742"> >PIC FILE= "T0010743"> >PIC FILE= "T0010744"> >PIC FILE= "T0010745"> >PIC FILE= "T0010746"> >PIC FILE= "T0010747"> >PIC FILE= "T0010748"> >PIC FILE= "T0010749"> >PIC FILE= "T0010750"> ANNEX III System of export levy on fish products which Iceland may retain Icelandic Law No 4 of 28 February 1966 as amended by Laws Nos 79 of 31 December 1968, 73 of 1 June 1970, 4 of 30 March 1971 and 17 of 4 May 1972, concerning export levy on fish products Article 1 A levy shall be applied to exports of Icelandic fish products specified in this Law. Fish caught by fishing vessels registered in Iceland shall be considered as Icelandic products even if such fish is caught outside Icelandic fishing limits and not processed ashore. Article 2 In accordance with this Law, the export levy on fish products shall be applied as follows: 1. A levy of 2 300 Icelandic Crowns per ton shall be applied to exports of frozen fish fillets, frozen fish roes, salted whitefish, salted fish fillets, belly of salted cod, salted fish roes not elsewhere specified, salted fish bits, salted and frozen fish tongues, stockfish, dried fish heads, shellfish and preserved fish products in hermetic containers. Should the levy applied under this Article exceed 4 75 % of the f.o.b. value of the fish products in question, the Ministry of Fisheries may decide to abolish the part of the levy which is in excess thereof. 2. A levy of 3 % of the f.o.b. value shall be applied to exports of whole frozen fish, frozen fish waste, frozen Norway lobster, frozen shrimp, frozen capelin, capelin meal, capelin oil and hydrogenated oils and fats from fish or marine mammals. 3. A levy of 5 % of the f.o.b. value shall be applied to exports of whale products other than preserved in hermetic containers. 4. A levy of 6 % of the f.o.b. value shall be applied to exports of fish meal, redfish meal, Norway lobster meal, shrimp meal, liver meal, codliver oil, redfish oil, whole frozen herring, frozen herring fillets, salted herring, salted herring fillets, salted lumpfish roes and other fish products not specified in this Article. 500 Icelandic Crowns per 100 kg of contents may be deducted from the f.o.b. value of salted herring and salted lumpfish roes to cover packing costs. 5. A levy of 7 % of the f.o.b. value shall be applied to exports of fresh and chilled fish. The Ministry of Fisheries may, however, decide that they levy on fresh or chilled herring shall be equal to that which would have been applicable had the herring been processed in Iceland by the same method as it to be used abroad (see points 4 and 6 of this Article). 6. A levy of 8 % of the f.o.b. value shall be applied to exports of herring meal, herring solubles and herring oil. 7. Seal products are not subject to the export levy. For the purposes of point 1, uncooked preserved products in hermetic containers shall mean uncooked preserved products ready for consumption in hermetic containers of 10 kg net or less. Fully processed uncooked products in larger containers shall also be regarded as uncooked preserved products in hermetic containers if the exporter supplies proof that the value of the unprocessed product is less than one-third of the export value of the exported products. Where Icelandic vessels sell, in foreign ports, fresh or processed fish products caught by their own or other vessels and subject to this levy, the said levy shall be applied on the gross value of such sales, less customs duties and other unloading and sales charges, in accordance with rules issued by the Ministry of Fisheries. Article 3 The Treasury shall collect the export levy in accordance with the provisions of Article 2, and the receipts shall be distributed as follows: >PIC FILE= "T0010751"> Payment of the insurance premiums for fishing vessels referred to in item 1 may be subject to the condition that the insurance company concerned be a member of the Underwriters' Reinsurance Union and be required to apply certain rules concerning calculation of premium rates, insurance terms and hull values. Whalers may be exempted from these conditions and are then entitled to reimbursement of their contribution to the Fishing Vessels' Insurance Fund instead of the insurance premiums. Article 4 The levy provided for in Article 2, points 2, 3 and 4, shall be applied to the selling price of the products, including packing, f.o.b. vessel in the first port of landing. The value of products sold c.i.f. or under other terms shall be adjusted to the f.o.b. value in accordance with rules issued by the Ministry of Trade. Where unsold products are exported the export levy provided for in Article 2, points 2, 3 and 4, shall be calculated on the basis of the minimum export price stipulated in the export licence. If the exporter supplies proof, within 6 months of the date shown on the bill of lading, that the price of an unsold fish product, as determined by the competent authority, is higher than the actual selling price, the Ministry of Finance shall refund the difference, subject to confirmation by the Ministry of Trade that sale at the lower price has been approved. The levy provided for in Article 2, point 1, shall be applied to the net weight of the sold product, which must be indicated in the export documents. Article 5 The export levy falls due as soon as a ship has been cleared for sailing or before landing, should customs clearance not be required. The Ministry of Fisheries may, however, authorize the shipper to pay the dues when he receives the foreign currency, provided that the transaction is carried out through an Icelandic bank and that he gives the Customs Authorities a promissory note, representing the exchange value of the sum due. Article 6 Shippers of products covered by the provisions of this Law shall submit to the competent authority before a ship is cleared for sailing or before landing a duplicate or a certified copy of the bill of lading or other shipping documents, an export declaration, an invoice and, if required, a certificate of inspection, together with an export licence. If no export document has been issued, the shipper shall make a declaration regarding the quantity being shipped. The provisions of this Article concerning the shipper shall also apply to the master of the ship, in the event of absence of or negligence by the shipper, and to the ship-brokers. The levy shall be applied on the basis of the information contained in the documents mentioned in this Article. Article 7 The ship and its cargo shall constitute surety for payment of the export levy. Article 8 The competent authorities shall draw up a statement of export levies collected under the provisions of this Law in accordance with the instructions given by the Ministry of Finance and the rules relating to public accounts. Article 9 Any infringement of this Law is liable to a fine unless another law provides for a stricter penalty. Moreover, any shipper, ship's master or ship-broker found guilty of giving incorrect information about a ship's cargo shall pay triple the export levy in respect of which the fraud was attempted. The fines shall be paid to the Treasury. Should the competent authorities suspect that the documents referred to in Article 6 are incorrect, they shall inspect the ship's cargo before shipment or landing, or shall by some other means obtain the documents necessary for this purpose. Article 10 Infringements of this Law shall be tried under the provisions of the law governing criminal procedure. Article 11 The Government shall be authorized to apply levies on the net weight of the products specified in Article 2, point 1, of this Law in accordance with Article 9 of Law No 77 of 28 April 1962 on the Fisheries Catch Equalization Fund and Article 9 of Act No 42 of 9 June 1960 on Fresh Fish Inspection. Article 12 The Ministry of Fisheries may issue a regulation laying down further directives concerning the application of this law.