This law is an agreement between the European Economic Community and the Kingdom of Norway to strengthen their economic…

21973A0514(01) 21973A0514(01) Agreement between the European Economic Community and the Kingdom of Norway - Protocol No 1 concerning the treatment applicable to certain products - Protocol No 2 concerning products subject to special arrangements to take account of differrences in the cost of agricultural products incorporated therein - Protocol No 3 concerning the definition of the concept of "originating products" and methods of administrative cooperation - Protocol No 4 concerning certain provisions relating to Ireland - Final Act - Declarations Official Journal L 171 , 27/06/1973 P. 0002 - 0102 Greek special edition ....: Chapter 11 Volume 5 P. 0110 Spanish special edition...: Chapter 11 Volume 4 P. 0019 Portuguese special edition Chapter 11 Volume 4 P. 0019 Dates: of document: 25/06/1973 of effect: 01/07/1973; Entry into force See Art 36; OJ L 171/73 P. 112 of signature: 14/05/1973; Brussels end of validity: 99/99/9999 Authentic language: The official languages ; Danish ; German ;

English ; French ; Italian ; Dutch ; Other than Community language ;

Norwegian Author:

EUROPEAN ECONOMIC COMMUNITY ; Norway Subject matter: External relations ; Commercial policy Directory code: 11401010 ; 02401020 EUROVOC descriptor: Norway ; international agreement ; trading operation ; GATT ; customs duties Legal basis:

157E113................... Adoption Amended by:

Amended by.... 273A1221(01)...... Amendment PROT 1 ART 3 Relation...... 273D1217(01)...... 20/12/73-31/12/77 Relation...... 273D1217(02)...... 20/12/73-31/12/77 Relation...... 273D1217(03)...... PROT3 ANN 6 201273-311277 Amended by.... 273D1217(09)...... Amendment PROT 3 ANN 1 Amended by.... 273D1217(09)...... Replacement PROT 3 ART25.1 Amended by.... 273D1231(05)...... Replacement PROT 3 ART12 from 01/01/1974 Amended by.... 273D1231(05)...... Replacement PROT 3 ART20 from 01/01/1974 Amended by.... 273D1231(05)...... Replacement PROT 3 ART8 from 01/01/1974 Amended by.... 273D1231(05)...... Replacement PROT 3 ART9 from 01/01/1974 Amended by.... 273D1231(05)...... abolition PROT 3 ANN 6 Amended by.... 273D1231(05)...... Amendment PROT 3 ANN 1 from 01/01/1974 Amended by.... 273D1231(05)...... Amendment PROT 3 ANN 5 from 01/01/1974 Amended by.... 273D1231(05)...... Amendment PROT 3 ART10 from 01/01/1974 Amended by.... 273D1231(05)...... Replacement PROT 3 ART11.3 Amended by.... 273D1231(12)...... PROT3 ANN 2 010174-311277 Adopted by.... 373R1691..........

Implemented by 373R1693.......... Implementation from 27/06/1973 Derogated in.. 274D0813(12)...... PROT3 ART10 from 01/09/1974 Derogated in.. 274D0813(12)...... PROT3 ART8.1 from 01/09/1974 Derogated in.. 274D0813(12)...... PROT3 ART8.2 from 01/09/1974 Derogated in.. 274D0813(12)...... PROT3 ART8.5 from 01/09/1974 Derogated in.. 274D0813(12)...... PROT3 ART9 from 01/09/1974 Amended by.... 274D1228(04)...... Amendment PROT 3 from 01/01/1975 Amended by.... 274D1231(03)...... Suspension PROT 3 ART23.1 Amended by.... 275D1231(07)...... Replacement PROT 3 ART23 from 01/01/1976 Amended by.... 275D1231(08)...... Amendment PROT 3 ANN 1 from 01/02/1976 Amended by.... 275D1231(08)...... Amendment PROT 3 ANN 5 from 01/02/1976 Amended by.... 275D1231(08)...... Replacement PROT 3 ART14.1 Amended by.... 275D1231(08)...... Replacement PROT 3 ART14.2 Amended by.... 276A1129(04)...... Amendment PROT.2 from 01/01/1977 Amended by.... 276A1208(04)...... Amendment ANN.A PROT 1 from 07/12/1976 Amended by.... 276D0807(04)...... PROT3 ANN 2 from 08/08/1976 Amended by.... 276D1126(07)...... PROT3 ANN 2 from 01/12/1976 Amended by.... 276D1126(07)...... PROT3 ANN 3 from 01/12/1976 Amended by.... 276D1126(07)...... PROT3 ART.25 from 01/12/1976 Amended by.... 276D1126(07)...... Completion PROT 3 ANN 3 from 01/12/1976 Amended by.... 276D1126(07)...... Completion PROT 3 ART.25 from 01/12/1976 Amended by.... 276D1126(08)...... Completion PROT 3 ANN 1 ART23 Derogated in.. 277A0614(03)...... Derogation PROT 3 ART 1 from 07/06/1977 Replaced by... 277D1229(13)...... PROT3 ANN 1 from 01/01/1978 Replaced by... 277D1229(13)...... PROT3 ANN 2 from 01/01/1978 Replaced by... 277D1229(13)...... PROT3 ANN 3 from 01/01/1978 Replaced by... 277D1229(13)...... PROT3 ANN 5 from 01/01/1978 Replaced by... 277D1229(13)...... PROT3 ART23 from 01/01/1978 Replaced by... 277D1229(13)...... PROT3 ART24 from 01/01/1978 Replaced by... 277D1229(13)...... PROT3 ART25 from 01/01/1978 Replaced by... 277D1229(13)...... PROT3 TIT 2 from 01/01/1978 Derogated in.. 277D1229(14)...... PROT3 ANN 2 from 01/12/1977 Completed by.. 377R2937.......... Completion PROT 3 from 01/01/1978 Amended by.... 377R2937.......... Amendment PROT 3 from 01/01/1978 Amended by.... 278A1228(01)...... Addition ART.12.BIS from 01/01/1978 Amended by.... 278D1230(04)...... PROT3 ART.13.2 from 01/01/1979 Amended by.... 278D1230(04)...... PROT3 ART8.4 DEVIENT 8.5 Amended by.... 278D1230(04)...... PROT3 ART8.5 DEVIENT 8.6 Amended by.... 278D1230(04)...... Addition PROT 3 ART8.4 from 01/01/1979 Amended by.... 278D1230(04)...... Replacement PROT 3 ART8.1 from

01/01/1979 Amended by.... 278D1230(04)...... Replacement PROT 3 ART8.2 from 01/01/1979 Amended by.... 278D1230(04)...... Replacement PROT 3 ART8.3 from 01/01/1979 Amended by.... 280D1001(05)...... Completion PROT 3 ANN 3 from 01/10/1980 Amended by.... 280D1001(05)...... Amendment PROT 3 ANN 2 from 01/10/1980 Amended by.... 280D1001(12)...... Completion PROT 3 ANN 3 from 01/10/1980 Amended by.... 280D1231(04)...... Completion PROT 3 ANN 1 from 01/01/1981 Amended by.... 280D1231(04)...... Completion PROT 3 ART13.5 from 01/01/1981 Amended by.... 280D1231(04)...... Completion PROT 3 ART23.1 from 01/01/1981 Amended by.... 280D1231(04)...... Completion PROT 3 ART24.2 from 01/01/1981 Amended by.... 280D1231(04)...... Completion PROT 3 ART25.2 from 01/01/1981 Amended by.... 280D1231(04)...... Completion PROT 3 ART9.5 from 01/01/1981 Amended by.... 280D1231(04)...... Completion PROT 3 ART9.6 from 01/01/1981 Amended by.... 280D1231(04)...... Addition PROT 3 ART25.5 from 01/01/1981 Amended by.... 280D1231(04)...... Amendment PROT 3 ART25.1 from 01/01/1981 Derogated in.. 281A0318(03)...... Derogation PROT.3 ART.1 from 01/05/1981 Amended by.... 281D0831(04)...... PROT3 ART.8.1.B Amended by.... 281D0831(04)...... Amendment PROT 3 ART.8.2 from 01/05/1981 Amended by.... 281D0831(04)...... Amendment PROT 3 ART.8.3 from 01/05/1981 Amended by.... 281D0831(04)...... Amendment PROT 3 ART.8.4 from 01/05/1981 Amended by.... 281D0831(11)...... Amendment PROT 3 from 01/01/1981 Amended by.... 281D0831(18)...... Amendment PROT 3 ANN 2 from 01/09/1981 Amended by.... 281D0831(18)...... Amendment PROT 3 ANN 3 from 01/09/1981 Amended by.... 281D0831(25)...... Replacement PROT 3 ART.8.2 from 01/01/1982 Amended by.... 282D1231(01)...... Amendment PROT 1 from 01/01/1982 Amended by.... 282D1231(01)...... Amendment PROT 2 from 01/01/1982 Amended by.... 282D1231(03)...... Amendment PROT 3 from 01/10/1982 Amended by.... 282D1231(12)...... Completion PROT 3 ANN 2 from 01/04/1983 Amended by.... 282D1231(12)...... Completion PROT 3 ANN 3 from 01/04/1983 Amended by.... 282D1231(19)...... Completion PROT 3 ANN 2 from 01/04/1983 Amended by.... 282D1231(19)...... Completion PROT 3 ANN 3 from 01/04/1983 Amended by.... 284A1211(03)...... Replacement TXT PROT 3 Amended by.... 285D1115(04)...... PROT3 ART.8.1.B from 01/05/1985 Amended by.... 285D1115(04)...... Amendment PROT 3 ART.8.2 from 01/05/1985 Amended by.... 286D0225(04)...... Completion PROT 3 ANN 2 from 01/03/1986 Amended by.... 286D0225(04)...... Completion PROT 3 ANN 3 from 01/03/1986 Amended by.... 286D0521(04)...... Completion PROT 3 ANN 3 from

01/04/1986 Amended by.... 286D0521(04)...... Amendment PROT 3 ANN 2 from 01/04/1986 Amended by.... 286D0722(06)...... Addition PROT 3 ART.25BIS Amended by.... 286D0722(06)...... Addition PROT 3 ART.25QUATER Amended by.... 286D0722(06)...... Addition PROT 3 ART.25QUINQUIES Amended by.... 286D0722(06)...... Addition PROT 3 ART.25TER Amended by.... 286D0722(06)...... Amendment PROT 3 ART.26 from 01/03/1986 Amended by.... 286D0722(06)...... Amendment PROT 3 ART.7 from 01/03/1986 Amended by.... 286D0722(06)...... Amendment PROT 3 ART2.1 from 01/03/1986 Amended by.... 286D0722(06)...... Replacement PROT 3 ART.13.5 Amended by.... 286D0722(06)...... PROT3 ART.23.1 from 01/03/1986 Amended by.... 286D0722(06)...... PROT3 ART.27.1 from 01/03/1986 Amended by.... 286D0722(06)...... PROT3 ART.27.2 from 01/03/1986 Amended by.... 286D0722(06)...... PROT3 ART2.1.A from 01/03/1986 Amended by.... 286D0722(06)...... PROT3 ART2.1.B from 01/03/1986 Amended by.... 286D0722(06)...... PROT3 ART9.3.1 from 01/03/1986 Amended by.... 286D0722(06)...... PROT3 ART9.5.3 from 01/03/1986 Amended by.... 286D0722(06)...... PROT3 ART9.6.1 from 01/03/1986 Amended by.... 286D0722(06)...... Addition PROT 3 ART.24 Amended by.... 286D0722(06)...... Addition PROT 3 ART.25 from 01/03/1986 Amended by.... 287D0411(03)...... ART.10.5DEVIENT ART.10.4 Amended by.... 287D0411(03)...... ART.10.6DEVIENT ART.10.5 Amended by.... 287D0411(03)...... Completion PROT 3 ANN 1 from 01/07/1987 Amended by.... 287D0411(03)...... Completion PROT 3 ANN 6 from 01/07/1987 Amended by.... 287D0411(03)...... Addition PROT3 ART15BIS from 01/07/1987 Amended by.... 287D0411(03)...... Amendment PROT 3 ART16.1 from 01/07/1987 Amended by.... 287D0411(03)...... Amendment PROT 3 ART17.1 from 01/07/1987 Amended by.... 287D0411(03)...... Amendment PROT 3 ART17.3 from 01/07/1987 Amended by.... 287D0411(03)...... Amendment PROT 3 ART23.1 from 01/07/1987 Amended by.... 287D0411(03)...... Replacement PROT 3 ART.13 from 01/07/1987 Amended by.... 287D0411(03)...... Replacement PROT 3 ART.14 from 01/07/1987 Amended by.... 287D0411(03)...... Replacement PROT 3 ART.8.1 from 01/07/1987 Amended by.... 287D0411(03)...... Replacement PROT 3 ART17.2 from 01/07/1987 Amended by.... 287D0411(03)...... abolition PROT 3 ART.16.4.2 Amended by.... 287D0411(03)...... abolition PROT3 ART10.4 from 01/07/1987 Amended by.... 287D0820(04)...... Amendment PROT 3 ART8.1.B from 01/05/1987 Amended by.... 287D0820(04)...... Amendment PROT 3 ART8.2 from 01/05/1987 Amended by.... 287D1231(06)...... Amendment PROT 3 ART.14 from

01/01/1988 Amended by.... 287D1231(06)...... Amendment PROT 3 ART.15BIS.3 Amended by.... 287D1231(06)...... Replacement PROT 3 ANN 6 from 01/01/1988 Amended by.... 287D1231(06)...... Replacement PROT 3 ART.13 from 01/01/1988 Amended by.... 287D1231(06)...... Replacement PROT 3 ART.8.1 from 01/01/1988 Amended by.... 288D0419(04)...... PROT3ART.24TER.4 from 01/07/1987 Amended by.... 288D0419(04)...... Completion PROT3 ART.24 till 31/12/1992 Amended by.... 288D0709(02)...... Replacement PROT 3 from 01/01/1988 Amended by.... 288D1231(11)...... Completion PROT 3 ANN 3 from 01/01/1989 Amended by.... 288D1231(12)...... Completion PROT 3 ANN 1 from 01/01/1989 Amended by.... 288D1231(12)...... Replacement PROT 3 ART.4.H from 01/01/1989 Amended by.... 288D1231(13)...... Amendment PROT 3 ANN 3 from 01/01/1989 Amended by.... 288D1231(23)...... PROT3 01/01/89-31/12/93 Amended by.... 289A1013(03)...... Addition ART.13.BIS from 01/01/1990 Amended by.... 289A1013(03)...... Addition ART.13.TER from 01/01/1990 Amended by.... 289A1013(03)...... Addition ART.24.BIS from 01/01/1990 Amended by.... 289A1013(03)...... Addition PROT.5 from 01/01/1990 Amended by.... 289A1013(03)...... Replacement ART.27 from 01/01/1990 Amended by.... 290D0710(04)...... Amendment PROT 3 ANN 5 from 01/07/1989 Amended by.... 290D0710(04)...... abolition PROT 3 ART.24 Amended by.... 290D0710(04)...... abolition PROT 3 ART.25.2 Amended by.... 290D0730(04)...... Completion PROT 3 ANN 3 from 01/07/1990 Amended by.... 290D0808(04)...... Completion PROT 3 ANN 3 from 01/01/1988 Amended by.... 290D0808(10)...... Completion PROT 3 ANN 3 from 01/07/1990 Amended by.... 291D1112(05)...... Completion PROT 3 ANN 3 till 31/12/1993 Amended by.... 291D1112(06)...... Amendment PROT 3 ANN 3 till 31/12/1993 Amended by.... 292D0218(04)...... Completion PROT 3 ANN 3 Amended by.... 292D0812(04)...... Amendment PROT 3 ART.8 Amended by.... 293D0406(01)...... Completion PROT 3 ANN 3 till 31/12/1993 Amended by.... 293D1118(04)...... PROT3 ANN 3 010188-311293 Amended by.... 294D0223(04)...... Amendment PROT 3 ANN 3 from 01/01/1993 Amended by.... 294D0223(10)...... Amendment PROT 3 ANN 3 from 01/01/1993 Amended by.... 294D0806(04)...... Replacement PROT 3 from 01/01/1994 Amended by.... 295A0808(01)...... Completion from 01/09/1995 Amended by.... 295D1004(05)...... Amendment PROT 3 ANN 3 from 01/01/1998 Amended by.... 296A1231(02)...... Amendment PROT.2 from 01/09/1997 Amended by.... 297D0723(03)...... Replacement PROT 3 from 01/01/1997 Subsequent related instruments:

Amendment proposed by 598PC0389(12).....

Amendment proposed by 599SC1309.........

Amendment proposed by 500SC1715.........

AGREEMENT between the European Economic Community and the Kingdom of Norway THE EUROPEAN ECONOMIC COMMUNITY, of the one part, and THE KINGDOM OF NORWAY, of the other part, DESIRING to consolidate and to extend, upon the enlargement of the European Economic Community, the economic relations existing between the Community and Norway and to ensure, with due regard for fair conditions of competition, the harmonious development of their commerce for the purpose of contributing to the work of constructing Europe, RESOLVED to this end to eliminate progressively the obstacles to substantially all their trade, in accordance with the provisions of the General Agreement on Tariffs and Trade concerning the establishment of free trade areas, DECLARING their readiness to examine, in the light of any relevant factor, and in particular of developments in the Community, the possibility of developing and deepening their relations where it would appear to be useful in the interests of their economies to extend them to fields not covered by this Agreement, HAVE DECIDED, in pursuit of these objectives and considering that no provision of this Agreement may be interpreted as exempting the Contracting Parties from the obligations which are incumbent upon them under other international agreements, TO CONCLUDE THIS AGREEMENT:

Article 1The aim of this Agreement is: (a) to promote through the expansion

of reciprocal trade the harmonious development of economic relations between the European Economic Community and the Kingdom of Norway and thus to foster in the Community and in Norway the advance of economic activity, the improvement of living and employment conditions, and increased productivity and financial stability, (b) to provide fair conditions of competition for trade between the Contracting Parties, (c) to contribute in this way, by the removal of barriers to trade, to the harmonious development and expansion of world trade.

Article 2The Agreement shall apply to products originating in the Community

or Norway: (i) which fall within Chapters 25 to 99 of the Brussels Nomenclature, excluding the products listed in the Annex; (ii) which are specified in Protocol No 2 with due regard to the arrangements provided for in that Protocol.

Article 31. No new customs duty on imports shall be introduced in trade

between the Community and Norway.

1 January 1974, 1 January 1975, 1 January 1976, 1 July 1977.

Article 41. The provisions concerning the progressive abolition of customs

duties on imports shall also apply to customs duties of a fiscal nature.

The Contracting Parties may replace a customs duty of a fiscal nature or the fiscal element of a customs duty by an internal tax.

Article 51. The basic duty to which the successive reductions provided for in

Article 3 and in Protocol No 1 are to be applied shall, for each product, be the duty actually applied on 1 January 1972.

Subject to the application by the Community of Article 39 (5) of the "Act concerning the Conditions of Accession and the Adjustments to the Treaties" as regards the specific duties or the specific part of the mixed duties in the Irish Customs Tariff, Article 3 and Protocols Nos 1 and 2 shall be applied, with rounding to the fourth decimal place.

Article 61. No new charge having an effect equivalent to a customs duty on

imports shall be introduced in trade between the Community and Norway.

Any charge having an effect equivalent to a customs duty on imports, the rate of which on 31 December 1972 is higher than that actually applied on 1 January 1972, shall be reduced to the latter rate upon the entry into force of the Agreement.

1 January 1975, 1 January 1976, 1 July 1977.

Article 71. No customs duty on exports or charge having equivalent effect

shall be introduced in trade between the Community and Norway.

Customs duties on exports and charges having equivalent effect shall be abolished not later than 1 January 1974.

Article 8Protocol No 1 lays down the tariff treatment and arrangements

applicable to certain products.

Article 9Protocol No 2 lays down the tariff treatment and arrangements

applicable to certain goods obtained by processing agricultural products.

Article 101. In the event of specific rules being established as a result of

the implementation of its agricultural policy or of any alteration of the current rules, the Contracting Party in question may adapt the arrangements resulting from this Agreement in respect of the products which are the subject of those rules or alterations.

Article 11

Protocol No 3 lays down the rules of origin.

Article 12A Contracting Party which is considering the reduction of the

effective level of its duties or charges having equivalent effect applicable to third countries benefiting from most-favoured-nation treatment, or which is considering the suspension of their application, shall, as far as may be practicable, notify the Joint Committee not less than thirty days before such reduction or suspension comes into effect. It shall take note of any representations by the other Contracting Party regarding any distortions which might result therefrom.

Article 131. No new quantitative restriction on imports or measures having

equivalent effect shall be introduced in trade between the Community and Norway.

Article 141. The Community reserves the right to modify the arrangements

applicable to the petroleum products falling within headings Nos 27.10, 27.11, 27.12, ex 27.13 (paraffin wax, micro-crystalline wax, or bituminous shale and other mineral waxes) and 27.14 of the Brussels Nomenclature upon adoption of a common definition of origin for petroleum products, upon adoption of decisions under the common commercial policy for the products in question or upon establishment of a common energy policy.

In this event the Community shall take due account of the interests of Norway ; to this end it shall inform the Joint Committee, which shall meet under the conditions set out in Article 31.

Article 151. The Contracting Parties declare their readiness to foster, so far

as their agricultural policies allow, the harmonious development of trade in agricultural products to which the Agreement does not apply.

Article 16From 1 July 1977 products originating in Norway may not enjoy more

favourable treatment when imported into the Community than that applied by the Member States of the Community between themselves.

Article 17The Agreement shall not preclude the maintenance or establishment of

customs unions, free-trade areas or arrangements for frontier trade, except in so far as they alter the trade arrangements provided for in the Agreement, in particular the provisions concerning rules of origin.

Article 18The Contracting Parties shall refrain from any measure or practice

of an internal fiscal nature establishing, whether directly or indirectly, discrimination between the products of one Contracting Party and like products originating in the territory of the other Contracting Party.

Products exported to the territory of one of the Contracting Parties may not benefit from repayment of internal taxation in excess of the amount of direct or indirect taxation imposed on them.

Article 19Payments relating to trade in goods and the transfer of such

payments to the Member State of the Community in which the creditor is resident, or to Norway, shall be free from any restrictions.

The Contracting Parties shall refrain from any exchange or administrative restrictions on the grant, repayment or acceptance of short and medium-term credits covering commercial transactions in which a resident participates.

Article 20The Agreement shall not preclude prohibitions or restrictions on

imports, exports or goods in transit justified on grounds of public morality, law and order or public security, the protection of life and health of humans, animals or plants, the protection of national treasures of artistic, historic or archaeological value, the protection of industrial and commercial property, or rules relating to gold or silver. Such prohibitions or restrictions must not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between the Contracting Parties.

Article 21Nothing in the Agreement shall prevent a Contracting Party from

taking any measures: (a) which it considers necessary to prevent the disclosure of information contrary to its essential security interests; (b) which relate to trade in arms, munitions or war materials or to research, development or production indispensable for defence purposes, provided that such measures do not impair the conditions of competition in respect of products not intended for specifically military purposes; (c) which it considers essential to its own security in time of war or serious international tension.

Article 221. The Contracting Parties shall refrain from any measure likely to

jeopardize the fulfilment of the objectives of the Agreement.

If either Contracting Party considers that the other Contracting Party has failed to fulfil an obligation under the Agreement, it may take appropriate measures under the conditions and in accordance with the procedures laid down in Article 27.

Article 231. The following are incompatible with the proper functioning of the

Agreement in so far as they may affect trade between the Community and Norway: (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.

Article 24Where 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 with the procedures laid down in

Article 27

Article 25If 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 with the procedures laid down in Article 27.

Article 26If 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 with the procedures laid down in Article 27.

Article 271. In the event of a Contracting Party subjecting imports of

products liable to give rise to the difficulties referred to in Articles 24 and 26 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.

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.

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 24, 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 25, 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 24, 25 and 26 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 28Where one or more Member States of the Community or Norway 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 291. 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.

Article 301. The Joint Committee shall consist of representatives of the

Community, on the one hand, and of representatives of Norway, on the other.

Article 311. 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.

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.

Article 321. 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. These recommendations may, where appropriate, aim at the attainment of a concerted harmonization, provided that the autonomy of decision of the two Contracting Parties is not impaired.

Article 33The Annex and Protocols to the Agreement shall form an integral part

thereof.

Article 34Either 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 35The 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 Kingdom of Norway.

Article 36

This Agreement is drawn up in duplicate in the Danish, Dutch, English, French, German, 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 July 1973, provided that the Contracting Parties have notified each other before that date that the procedures necessary to this end have been completed.

After that 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.

Udfördiget i Bruxelles, den fjortende maj nitten hundrede og treoghalvfjerds.

Geschehen zu BrŽssel am vierzehnten Mai neunzehnhundertdreiundsiebzig.

Done at Brussels on this fourteenth day of May in the year one thousand nine hundred and seventy-three.

Fait š Bruxelles, le quatorze mai mil neuf cent soixante-treize.

Fatto a Bruxelles, addü quattordici maggio millenovecentosettantatrł.

Gedaan te Brussel, de veertiende mei negentienhonderddrieūnzeventig.

Utferdiget i Brussel, fjortende mai nitten hundre og syttitre.

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 >PIC FILE= "T0005738"> ANNEX List of products referred to in Article 2 of the Agreement >PIC FILE= "T0005739"> PROTOCOL No 1 concerning the treatment applicable to certain products

SECTION A TREATMENT APPLICABLE TO IMPORTS INTO THE COMMUNITY OF

CERTAIN PRODUCTS ORIGINATING IN NORWAY

Article 11. Customs duties on imports into the Community as originally

constituted of products falling within Chapters 48 or 49 of the Common Customs Tariff excluding heading No 48.09 (building board of wood pulp or of vegetable fibre, whether or not bonded with natural or artificial resins or with similar binders) shall be progressively abolished in accordance with the following timetable: >PIC FILE= "T0005740"> 2. Customs duties on imports into Ireland of products specified in paragraph 1 shall be progressively abolished in accordance with the following timetable: >PIC FILE= "T0005741"> 3. Notwithstanding Article 3 of the Agreement, Denmark and the United Kingdom shall apply the following customs duties to imports of products specified in paragraph 1 which originate in Norway: >PIC FILE= "T0005742"> 4. During the period from 1 January 1974 to 31 December 1983, Denmark and the United Kingdom shall be entitled to open each year, for imports of products originating in Norway, zero-duty tariff quotas the amounts of which, shown in Annex A for 1974, shall be equal to the average amount of imports between 1968 and 1971 raised cumulatively by four increases of 5 % ; after 1 January 1975 the amount of these tariff quotas shall be raised annually by 5 %.

The basic amounts of these tariff quotas are shown in Annex B. For 1973 these amounts shall be reduced pro rata according to the date of entry into force of the Agreement.

Article 21. Customs duties on imports into the Community as originally

constituted and into Ireland of the products specified in paragraph 2 shall be progressively reduced to the following levels in accordance with the following timetable: >PIC FILE= "T0005743"> For tariff subheading No 79.01 A, listed in the table given in paragraph 2, the tariff reductions shall be made, as regards the Community as originally constituted and notwithstanding Article 5

Article 3Customs duties on imports into the Community as originally

constituted and into Ireland of the products falling within subheading No 76.01 A and of headings Nos 76.02 and 76.03 of the Common Customs Tariff shall be progressively reduced to the following levels in accordance with the following timetable: >PIC FILE= "T0005745">

Article 4Imports to which the tariff treatment provided for in Articles 1, 2

and 3 applies shall be subjected to annual indicative ceilings above which the customs duties applicable in respect of third countries may be reintroduced in accordance with the following provisions: (a) Taking into account the Community's right to suspend application of ceilings for certain products, the basic amounts for fixing the ceilings for 1973 are shown in Annex C. The ceilings for 1973 are calculated by reducing the basic amounts pro rata according to the date of entry into force of the Agreement.

From 1974 on the level of the ceilings shall correspond to the basic amounts for 1973 increased annually by a compound rate of 5 %, with the exception that for subheading No 76.01 A the annual rates of increase shall be the following:

1974 3 % 1975 3 % 1976 3 % 1977 5 % 1978 5 % 1979 10 % 1980 10 % 1981 10 % For products covered by this Protocol but not included in that Annex, the Community reserves the right to introduce ceilings of which the level will be equal to the average amount of imports into the Community over the last four years for which statistics are available, increased by 5 % ; for the following years, the levels of these ceilings shall be raised annually by 5 %. (b) Should, for two successive years, imports of a product subject to a ceiling be less than 90 % of the level fixed, the Community shall suspend the application of this ceiling. (c) In the event of short-term economic difficulties, the Community reserves the right, after consultation within the Joint Committee, to maintain for a year the level fixed for the preceding year. (d) On 1 December each year the Community shall notify the Joint Committee of the list of products subject to ceilings in the following year and of the levels of the ceilings. (e) Imports under the tariff quotas opened in accordance with Article 1 (4) and (5) shall also be set off against the ceiling levels fixed for the same products. (f) Notwithstanding Article 3 of the Agreement and Articles 1, 2 and 3 of this Protocol, when a ceiling fixed for imports of a product covered by this Protocol is reached, Common Customs Tariff duties on imports of the product in question may be reimposed until the end of the calendar year.

In this event, prior to 1 July 1977: - Denmark and the United Kingdom shall reimpose customs duties as follows: >PIC FILE= "T0005746">

The customs duties specified in Articles 1, 2 and 3 of this Protocol shall be reintroduced on 1 January of the following year. (g) After 1 July 1977 the Contracting Parties shall examine within the Joint Committee the possibility of revising the percentage by which the levels of ceilings are raised, having regard to the trend of consumption and imports in the Community and to experience gained in applying this Article. (h) The ceilings shall be abolished at the end of the tariff-dismantling periods provided for in Articles 1, 2 and 3 of this Protocol, with the exception that for subheading No 76.01 A the ceilings shall be abolished on 31 December 1981.

SECTION B TREATMENT APPLICABLE TO IMPORTS INTO NORWAY OF CERTAIN

PRODUCTS ORIGINATING IN THE COMMUNITY

Article 51. Customs duties on imports into Norway from the Community as

originally constituted and from Ireland of the products listed in Annex D shall be progressively reduced to the following levels in accordance with the following timetable: >PIC FILE= "T0005747"> 2. Customs duties on imports into Norway from the Community as originally constituted and from Ireland of the products listed in Annex E shall be progressively reduced to the following levels in accordance with the following timetable: >PIC FILE= "T0005748">

Article 6For products covered by section B of this Protocol, Norway reserves

the right, in the event of it becoming absolutely necessary at a later stage and following consultations within the Joint Committee, to introduce indicative ceilings as defined in Section A of this Protocol, the methods applied to which will be the same as those mentioned therein. For imports exceeding the ceilings, customs duties not exceeding those applicable in respect of third countries may be reintroduced.

ANNEX A List of tariff quotas for 1974 DENMARK, UNITED KINGDOM >PIC FILE= "T0005749"> >PIC FILE= "T0005750"> ANNEX B List of tariff quotas for 1973 IRELAND >PIC FILE= "T0005751"> ANNEX C Basic amounts for 1973 >PIC FILE= "T0005752"> >PIC FILE= "T0005753"> ANNEX D >PIC FILE= "T0005754">>PIC FILE= "T0005755"> >PIC FILE= "T0005756"> ANNEX E >PIC FILE= "T0005757">>PIC FILE= "T0005758"> >PIC FILE= "T0005759"> >PIC FILE= "T0005760"> >PIC FILE= "T0005761"> >PIC FILE= "T0005762"> PROTOCOL No 2 concerning products subject to special arrangements to take account of differences in the cost of agricultural products incorporated therein

Article 1In order to take account of differences in the cost of the

agricultural products incorporated in the goods specified in the Tables annexed to this Protocol, the Agreement does not preclude: (i) the levying, upon import, of a variable component or fixed amount, or the application of internal price compensation measures; (ii) the application of measures adopted upon export.

Article 21. For the products specified in the Tables annexed to this Protocol

the basic duties shall be: (a) for the Community as originally constituted : the duties actually applied on 1 January 1972; (b) for Denmark, Ireland and the United Kingdom: (i) in respect of products covered by Regulation (EEC) No 1059/69: - for Ireland, on the one hand,

On the date of entry into force of the Agreement, 1 January 1974, 1 January 1975, 1 January 1976, 1 July 1977.

However, if the duty applicable on 1 July 1977 is greater than the basic duty, the difference between these duties shall be reduced by 40 % on 1 January 1974 and again reduced by 20 % on each of the following dates:

1 January 1975, 1 January 1976, 1 July 1977.

Notwithstanding Article 5 (3) of the Agreement and subject to the application by the Community of Article 39 (5) of the "Act concerning the Conditions of Accession and the Adjustments to the Treaties", as regards the specific duties or the specific part of the mixed duties of the customs tariff of the United Kingdom, paragraphs 1 and 2 shall be applied with rounding to the fourth decimal place for the products listed below: >PIC FILE= "T0005763">

Article 31. This Protocol shall also apply to the alcoholic beverages of

subheading No 22.09 C of the Common Customs Tariff not specified in Tables I and II annexed to this Protocol. The rules governing tariff reductions applicable to these products shall be decided by the Joint Committee.

When defining these rules or at a later date, the Joint Committee shall decide whether to include in this Protocol other products of Chapters 1 to 24 of the Brussels Nomenclature which are not subject to agricultural regulations in the territories of the Contracting Parties.

TABLE I EUROPEAN ECONOMIC COMMUNITY >PIC FILE= "T0005764"> >PIC FILE= "T0005765"> >PIC FILE= "T0005766"> >PIC FILE= "T0005767"> >PIC FILE= "T0005768"> >PIC FILE= "T0005769"> >PIC FILE= "T0005770"> >PIC FILE= "T0005771"> TABLE II NORWAY >PIC FILE= "T0005772"> >PIC FILE= "T0005773"> >PIC FILE= "T0005774"> >PIC FILE= "T0005775"> >PIC FILE= "T0005776"> PROTOCOL No 3 concerning the definition of the concept of "originating products" and methods of administrative cooperation

TITLE I Definition of the concept of "originating products"

Article 1For the purpose of implementing the Agreement, and without prejudice

to the provisions of Articles 2 and 3 of this Protocol, the following products shall be considered as: 1. products originating in the Community: (a) products wholly obtained in the Community; (b) products obtained in the Community in the manufacture of which products other than those referred to in (a) are used, provided that the said products have undergone sufficient working or processing within the meaning of Article 5. This condition shall not apply, however, to products which, within the meaning of this Protocol, originate in Norway;

The products in List C shall be temporarily excluded from the scope of this Protocol.

Article 2

B. products originating in Norway : those products referred to in Article 1 (2) which, after being exported from Norway have undergone no working or processing in any one of these six countries or have undergone working or processing insufficient to confer on them the status of products originating in any of those countries by virtue of provisions corresponding to those of Article 1 (1) (b) or (2) (b) of this Protocol contained in the agreements referred to above, provided that: (a) only products originating in any one of those six countries or in the Community or in Norway have been used in the course of the working or processing; (b) where a percentage rules limits, in the Lists A or B referred to in Article 5, the proportion in value of non-originating products that can be incorporated under certain circumstances, the added value has been acquired in each of the countries in accordance with the percentage rules and with the other rules contained in the said lists without any possibility of cumulation from one country to another.

Article 3Notwithstanding the provisions of Article 2 and provided that all

the conditions laid down in that Article are nevertheless fulfilled, the products obtained shall not continue to be considered as products originating in the Community or in Norway respectively unless the value of the products worked or processed originating in the Community or in Norway represents the highest percentage of the value of the products obtained. If this is not so, the latter products are considered as originating in the country where the added value acquired represents the highest percentage of their value.

Article 4The following shall be considered as wholly obtained either in the

Community or in Norway within the meaning of Article 1 (1) (a) and

Article 51. For the purpose of implementing Article 1 (1) (b) and (2) (b) the

following shall be considered as sufficient working or processing: (a) working or processing as a result of which the goods obtained receive a classification under a tariff heading other than that covering each of the products worked or processed, except, however, working or processing specified in List A, where the special provisions of that list apply; (b) working or processing specified in List B. "Sections", "Chapters" and "tariff headings" shall mean the Sections, Chapters and tariff headings in the Brussels Nomenclature for the Classification of Goods in Customs Tariffs.

Article 61. Where the Lists A and B referred to in Article 5 provide that

goods obtained in the Community or in Norway shall be considered as originating therein only if the value of the products worked or processed does not exceed a given percentage of the value of the goods obtained, the values to be taken into consideration for determining such percentage shall be:

This Article also applies for the implementation of Articles 2 and 3.

Article 7Goods originating in Norway or in the Community and constituting one

single shipment which is not split up may be transported through territory other than that of the Community, Norway, Austria, Finland, Iceland, Portugal, Sweden or Switzerland, with, should, the occasion arise, transhipment or temporary warehousing in such territory, provided that the crossing of the latter territory is justified for geographical reasons, that the goods have remained under the surveillance of the customs authorities in the country of transit or of warehousing, that they have not entered into the commerce of such countries or been delivered for home use there and have not undergone operations other than unloading, reloading or any operation designed to preserve them in good condition.

TITLE II Arrangements for administrative cooperation

Article 81. Originating products within the meaning of Article 1 of this

Protocol shall, on import into the Community or into Norway, benefit from the provisions of the Agreement upon submission of an A.N.1 movement certificate, a specimen of which is given in Annex V to this Protocol, issued by the customs authorities of Norway or of the Member States of the Community.

Article 9A movement certificate shall be issued only on application having

been made in writing by the exporter, on the form prescribed for this purpose.

Article 101. A movement certificate shall be issued by the customs authorities

of the exporting State when the goods to which it relates are exported. It shall be made available to the exporter as soon as actual exportation has been effected or ensured.

In exceptional circumstances a movement certificate may also be issued after exportation of the goods to which it relates if it was not issued at the time of exportation because of errors or involuntary omissions or special circumstances. In this case, the certificate shall bear a special reference to the conditions in which it was issued.

A movement certificate may be issued only where it can serve as the documentary evidence required for the purpose of implementing the preferential treatment provided for in the Agreement.

Article 111. A movement certificate must be submitted, within four months of

the date of issue by the customs authorities of the exporting State, to the customs authorities of the importing State where the goods are entered.

In other cases of belated presentation, the customs authorities of the importing State may accept the certificates where the goods have been submitted to them before the said final date.

Article 12

Movement certificates shall be made out on the appropriate form, specimens of which are given in Annexes V and VI to this Protocol, in one of the languages in which the Agreement is drawn up, and in accordance with the provisions of the domestic law of the exporting State. If they are handwritten, they shall he completed in ink in print-script.

Each certificate shall measure 210 x 297 mm. The paper used must be white sized writing paper not containing mechanical pulp and weighing not less than 25 grammes per square metre. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.

The Member States of the Community and Norway may reserve the right to print the certificates themselves or may have them printed by approved printers. In the latter case, each certificate must include a reference to such approval. Each certificate must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number by which it can be identified.

Article 13Movement certificates shall be submitted to customs authorities in

the importing State, in accordance with the procedures laid down by that State. The said authorities may require a translation of a certificate. They may also require the import declaration to be accompanied by a statement from the importer to the effect that the goods meet the conditions required for the implementation of the Agreement.

Article 141. The Community and Norway shall admit goods sent as small packages

to private persons or forming part of travellers' personal luggage as originating products benefiting from the Agreement without requiring the production of a movement certificate, provided that such goods are not imported by way of trade and have been declared as meeting the conditions required for the application of these provisions, and where there is no doubt as to the veracity of such declaration.

Article 151. Goods sent from the Community or from Norway for exhibition in a

country other than those referred to in Article 2 and sold after the exhibition for importation into Norway or into the Community shall benefit on importation from the provisions of the Agreement on condition that the goods meet the requirements of this Protocol entitling them to be recognized as originating in the Community or in Norway and provided that it is shown to the satisfaction of the customs authorities that: (a) an exporter has consigned these goods from the Community or from Norway to the country in which the exhibition is held and has exhibited them there; (b) the goods have been sold or otherwise disposed of by that exporter to someone in Norway or in the Community; (c) the goods have been consigned during the exhibition or immediately thereafter to Norway or to the Community in the state in which they were sent for exhibition; (d) the goods have not, since they were consigned for exhibition, been used for any purpose other than demonstration at the exhibition.

Article 16In order to ensure the proper application of the provisions of this

Title, the Member States of the Community and Norway shall assist each other, through their respective customs administrations, in checking the authenticity and accuracy of movement certificates, including those issued under Article 8 (4).

The Joint Committee shall be authorized to take any decisions necessary for the methods of administrative cooperation to be applied at the due time in the Community and in Norway.

Article 17Penalties shall be imposed on any person who draws up or causes to

be drawn up a document which contains incorrect particulars for the purpose of obtaining a movement certificate enabling goods to be accepted as eligible for preferential treatment.

TITLE III Final Provisions

Article 18The Community and Norway shall take any measures necessary to enable

movement certificates to be submitted, in accordance with Article 13 of this Protocol, as from the date of entry into force of the Agreement.

Article 19The Community and Norway shall each take the steps necessary to

implement this Protocol.

Article 20The explanatory notes, Lists A, B and C, and the specimens of

movement certificates shall form an integral part of this Protocol.

Article 21Goods which conform to the provisions of Title I and which, on the

date of entry into force of the Agreement, are either being transported or being held in the Community or Norway in temporary storage, in bonded warehouses or in free zones, may be allowed to benefit from the provisions of the Agreement, subject to the submission - within four months of that date - to the customs authorities of the importing State of a movement certificate, drawn up retroactively by the competent authorities of the exporting State, and of any documents that provide supporting evidence of the conditions of transport.

Article 22The Contracting Parties undertake to introduce any measures

necessary to ensure that the movement certificates which the customs authorities of the Member States of the Community and of Norway are authorized to issue in pursuance of the agreements referred to in Article 2 are issued under the conditions laid down by those agreements. They also undertake to provide the administrative cooperation necessary for this purpose, in particular to check on the itinerary of goods traded under the agreements referred to in Article 2 and the places in which they have been held.

Article 231. Without prejudice to Article 1 of Protocol No 2, no drawback or

remission of any kind may be granted from customs duties in the Community or in Norway in respect of products used in manufacture which do not originate in the Community, Norway or the countries specified in Article 2 of this Protocol, as from the date on which the duty applicable to originating products of the same kind has been reduced in the Community and in Norway to 40 % of the basic duty.

Article 241. Movement certificates may, where appropriate, be required to

indicate that the products to which they relate have acquired the status of originating products and have undergone any additional processing under the conditions set out in Article 25 (1) until the date from which the customs duties applicable to the said products are abolished between the Community as originally constituted and Ireland on the one hand, and Norway on the other hand.

Article 251. The following products may benefit, on importation into Norway or

into Denmark or the United Kingdom, from the tariff provisions in force in Norway or in the latter two countries covered by Article 3

The above provisions shall no longer be applicable once the tariff dismantling period laid down for each product expires.

Article 26The Contracting Parties shall take any measures necessary for the

conclusion of arrangements with Austria, Finland, Iceland, Portugal, Sweden and Switzerland enabling this Protocol to be applied.

Article 271. For the purpose of implementing Article 2 (1) (A) of this

Protocol, any product originating in one of the six countries referred to in that Article shall be treated as a non-originating product during the period or periods in which Norway applies the rate of duty applicable to third countries or any corresponding safeguard measure to that product in respect of the said country under the provisions governing trade between Norway and the six countries referred to in the aforementioned Article 2.

Article 28

The Joint Committee may decide to amend the provisions of Title I, Article 5 (3), of Title II, of Title III, Articles 23, 24 and 25, and of Annexes I, II, III, V and VI to this Protocol. It shall, in particular, be authorized to take any measures necessary to adapt them to the particular requirements of specific goods or certain forms of transport.

ANNEX I EXPLANATORY NOTES Note 1 - Article 1 The terms "the Community" or "Norway" shall also cover the territorial waters of the Member States of the Community or of Norway respectively.

Vessels operating on the high seas, including factory ships, on which the fish caught is worked or processed shall be considered as part of the territory of the State to which they belong provided that they satisfy the conditions set out in Explanatory Note 5.

Note 2 - Articles 1, 2 and 3 In order to determine whether goods originate in the Community or in Norway or in one of the countries specified in Article 2, it shall not be necessary to establish whether the power and fuel, plant and equipment, and machines and tools used to obtain such goods originate in third countries or not.

Note 3 - Articles 2 and 5 For the purpose of implementing Article 2 paragraph 1 (A) (b) and (B) (b), the percentage rule must be observed by referring, for the added value acquired, to the provisions contained in Lists A and B.

Where the products obtained appear in List A, the percentage rule therefore constitutes a criterion additional to that of change of tariff heading for any non-originating product used. Likewise the provisions ruling out the possibility of cumulating the percentages shown in Lists A and B for any one product obtained are applicable in each country for the added value acquired.

Note 4 - Articles 1, 2 and 3 Packing shall be considered as forming a whole with the goods contained therein. This provision, however, shall not apply to packing which is not of the normal type for the article packed and which has intrinsic utilization value and is of a durable nature, apart from its function as packing.

Note 5 - Article 4 (f) The term "their vessels" shall apply only to vessels: (a) which are registered or recorded in a Member State of the Community or in Norway; (b) which sail under the flag of a Member State of the Community or of Norway; (c) which are at least 50 % owned by nationals of Member States of the Community or of Norway or by a company with its head office in one of those States, of which the manager or managers, chairman of the board of directors or of the supervisory board, and the majority of the members of such boards are nationals of the Member States of the Community or of Norway, and of which, in addition, in the case of partnerships or limited companies, at least half the capital belongs to those States or to public bodies or nationals of the said States; (d) of which the captain and officers are all nationals of the Member States of the Community or of Norway ; and (e) of which at least 75 % of the crew are nationals of the Member States of the Community or of Norway.

Note 6 - Article 6 "Ex-works price" shall mean the price paid to the manufacturer in whose undertaking the last working or processing is carried out, provided the price includes the value of all the products used in manufacture. "Customs value" shall be understood as meaning the customs value laid down in the Convention concerning the Valuation of Goods for Customs Purposes signed in Brussels on 15 December 1950.

Note 7 - Article 8 The customs authorities which endorse movement certificates in accordance with the conditions laid down in Article 8 (3) have the right to undertake verification of the goods in accordance with the laws and regulations in force in the State concerned.

Note 8 - Article 10 Where a movement certificate relates to goods originally imported from a Member State of the Community or from Norway, and re-exported in the same state, the new certificates issued by the re-exporting State must, without prejudice to the provisions of Article 24, show in which State the original movement certificate was issued. Where the goods have not been placed in a bonded warehouse, the certificates must also show that the endorsements provided for in Article 8 (3) have duly been made.

Note 9 - Articles 16 and 22 Where a movement certificate has been issued under the conditions laid down in Article 8 (2) or (4) and relates to goods re-exported in the same state, the customs authorities of the country of destination must be able to obtain, by means of administrative cooperation, true copies of the movement certificate or certificates issued previously relating to those goods.

Note 10 - Articles 23 and 25 "Tariff provisions in force" shall mean the duty applied on 1 January 1973 in Denmark, the United Kingdom or Norway to the products referred to in Article 25 (1) or the duty which, in accordance with the provisions of the Agreement, will be subsequently applied to the said products whenever this duty is lower than that applied to other products originating in the Community or in Norway.

Note 11 - Article 23 "Drawback or remission of any kind granted from customs duties" shall mean any arrangement for refund or remission, partial or complete, of customs duties applicable to products used in manufacture, provided that the said provision concedes, expressly or in effect, this repayment or non-charging or the non-imposition when goods obtained from the said products are exported but not when they are retained for home use.

Note 12 - Articles 24 and 25 Article 24 (1) and Article 25 (1) shall mean, in particular, that application has not been made: (i) either of the provisions of the last sentence of Article 1 (2) (b) for products of the Community as originally constituted and of Ireland that have been worked or processed in Norway; (ii) or of any provisions corresponding to this sentence contained in the agreements referred to in Article 2 for products of the Community as originally constituted and of Ireland that are worked or processed in any of the six countries.

Note 13 - Article 25 Where originating products not fulfilling the conditions laid down in Article 25 (1) are imported into Denmark or the United Kingdom, the duty which serves as a basis for the tariff reductions provided for in Article 3 (2) of the Agreement is that actually applied on 1 January 1972 by the importing country in respect of third countries.

ANNEX II LIST A List of working or processing operations which result in a change of tariff heading without conferring the status of "originating" products on the products undergoing such operations, or conferring this status only subject to certain conditions >PIC FILE= "T0005781"> >PIC FILE= "T0005782"> >PIC FILE= "T0005783"> >PIC FILE= "T0005784"> >PIC FILE= "T0005785"> >PIC FILE= "T0005786"> >PIC FILE= "T0005787"> >PIC FILE= "T0005788"> >PIC FILE= "T0005789"> >PIC FILE= "T0005790"> >PIC FILE= "T0005791"> >PIC FILE= "T0005792"> >PIC FILE= "T0005793"> >PIC FILE= "T0005794"> >PIC FILE= "T0005795"> >PIC FILE= "T0005796"> >PIC FILE= "T0005797"> >PIC FILE= "T0005798"> >PIC FILE= "T0005799"> >PIC FILE= "T0005800"> >PIC FILE= "T0005801"> >PIC FILE= "T0005802"> >PIC FILE= "T0005803"> >PIC FILE= "T0005804"> >PIC FILE= "T0005805"> >PIC FILE= "T0005806"> >PIC FILE= "T0005807"> >PIC FILE= "T0005808"> ANNEX III LIST B List of working or processing operations which do not result in a change of tariff heading, but which do confer the status of "originating" products on the products undergoing such operations >PIC FILE= "T0005809"> >PIC FILE= "T0005810"> >PIC FILE= "T0005811"> >PIC FILE= "T0005812"> >PIC FILE= "T0005813"> ANNEX IV LIST C List of products excluded from the scope of this Protocol >PIC FILE= "T0005814"> ANNEX V >PIC FILE= "T0005815"> >PIC FILE= "T0005816"> >PIC FILE= "T0005817"> >PIC FILE= "T9000595"> ANNEX VI >PIC FILE= "T0005819"> >PIC FILE= "T0005820"> >PIC FILE= "T0005821"> >PIC FILE= "T9000596"> PROTOCOL No 4 concerning certain provisions relating to Ireland Notwithstanding Article 13 of the Agreement, the measures provided for in paragraphs 1 and 2 of Protocol No 6 and in Article 1 of Protocol No 7 of the "Act concerning the Conditions of Accession and the Adjustments to the Treaties" on certain quantitative restrictions relating to Ireland and on imports of motor vehicles and the motor vehicle assembly industry in Ireland shall apply to Norway.

FINAL ACT The representatives OF THE EUROPEAN ECONOMIC COMMUNITY and OF THE KINGDOM OF NORWAY, assembled at Brussels on this fourteenth day of May in the year one thousand nine hundred and seventy-three, for the signature of the Agreement between the European Economic Community and the Kingdom of Norway, at the time of signature of this Agreement, have taken note of the declarations listed below and annexed to this Act: 1. Declaration by the European Economic Community concerning Article 23 (1) of the Agreement, 2. Declaration by the European Economic Community concerning the regional application of certain provisions of the Agreement.

Udfördiget i Bruxelles, den fjortende maj nitten hundrede og treoghalvfjerds.

Geschehen zu BrŽssel am vierzehnten Mai neunzehnhundertdreiundsiebzig.

Done at Brussels on this fourteenth day of May in the year one thousand nine hundred and seventy-three.

Fait š Bruxelles, le quatorze mai mil neuf cent soixante-treize.

Fatto a Bruxelles, addü quattordici maggio millenovecentosettantatrł.

Gedaan te Brussel, de veertiende mei negentienhonderddrieūnzeventig.

Utferdiget i Brussel, fjortende mai nitten hundre og syttitre.

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 >PIC FILE= "T0005823"> DECLARATIONS Declaration by the European Economic Community concerning Article 23

Declaration by the European Economic Community concerning the regional application of certain provisions of the Agreement The European Economic Community declares that the application of any measures it may take under Articles 23, 24, 25 or 26 of the Agreement, in accordance with the procedure and under the arrangements set out in Article 27, or under Article 28 may be limited to one of its regions by virtue of Community rules.

ANNEX List of products referred to in Article 2 of the Agreement >PIC FILE= "T0005739"> PROTOCOL No 1 concerning the treatment applicable to certain products

SECTION A TREATMENT APPLICABLE TO IMPORTS INTO THE COMMUNITY OF

CERTAIN PRODUCTS ORIGINATING IN NORWAY

Article 11. Customs duties on imports into the Community as originally

constituted of products falling within Chapters 48 or 49 of the Common Customs Tariff excluding heading No 48.09 (building board of wood pulp or of vegetable fibre, whether or not bonded with natural or artificial resins or with similar binders) shall be progressively abolished in accordance with the following timetable: >PIC FILE= "T0005740"> 2. Customs duties on imports into Ireland of products specified in paragraph 1 shall be progressively abolished in accordance with the following timetable: >PIC FILE= "T0005741"> 3. Notwithstanding Article 3 of the Agreement, Denmark and the United Kingdom shall apply the following customs duties to imports of products specified in paragraph 1 which originate in Norway: >PIC FILE= "T0005742"> 4. During the period from 1 January 1974 to 31 December 1983, Denmark and the United Kingdom shall be entitled to open each year, for imports of products originating in Norway, zero-duty tariff quotas the amounts of which, shown in Annex A for 1974, shall be equal to the average amount of imports between 1968 and 1971 raised cumulatively by four increases of 5 % ; after 1 January 1975 the amount of these tariff quotas shall be raised annually by 5 %.

The basic amounts of these tariff quotas are shown in Annex B. For 1973 these amounts shall be reduced pro rata according to the date of entry into force of the Agreement.

Article 21. Customs duties on imports into the Community as originally

constituted and into Ireland of the products specified in paragraph 2 shall be progressively reduced to the following levels in accordance with the following timetable: >PIC FILE= "T0005743"> For tariff subheading No 79.01 A, listed in the table given in paragraph 2, the tariff reductions shall be made, as regards the Community as originally constituted and notwithstanding Article 5

Article 3Customs duties on imports into the Community as originally

constituted and into Ireland of the products falling within subheading No 76.01 A and of headings Nos 76.02 and 76.03 of the Common Customs Tariff shall be progressively reduced to the following levels in accordance with the following timetable: >PIC FILE= "T0005745">

Article 4Imports to which the tariff treatment provided for in Articles 1, 2

and 3 applies shall be subjected to annual indicative ceilings above which the customs duties applicable in respect of third countries may be reintroduced in accordance with the following provisions: (a) Taking into account the Community's right to suspend application of ceilings for certain products, the basic amounts for fixing the ceilings for 1973 are shown in Annex C. The ceilings for 1973 are calculated by reducing the basic amounts pro rata according to the date of entry into force of the Agreement.

From 1974 on the level of the ceilings shall correspond to the basic amounts for 1973 increased annually by a compound rate of 5 %, with the exception that for subheading No 76.01 A the annual rates of increase shall be the following:

1974 3 % 1975 3 % 1976 3 % 1977 5 % 1978 5 % 1979 10 % 1980 10 % 1981 10 % For products covered by this Protocol but not included in that Annex, the Community reserves the right to introduce ceilings of which the level will be equal to the average amount of imports into the Community over the last four years for which statistics are available, increased by 5 % ; for the following years, the levels of these ceilings shall be raised annually by 5 %. (b) Should, for two successive years, imports of a product subject to a ceiling be less than 90 % of the level fixed, the Community shall suspend the application of this ceiling. (c) In the event of short-term economic difficulties, the Community reserves the right, after consultation within the Joint Committee, to maintain for a year the level fixed for the preceding year. (d) On 1 December each year the Community shall notify the Joint Committee of the list of products subject to ceilings in the following year and of the levels of the ceilings. (e) Imports under the tariff quotas opened in accordance with Article 1 (4) and (5) shall also be set off against the ceiling levels fixed for the same products. (f) Notwithstanding Article 3 of the Agreement and Articles 1, 2 and 3 of this Protocol, when a ceiling fixed for imports of a product covered by this Protocol is reached, Common Customs Tariff duties on imports of the product in question may be reimposed until the end of the calendar year.

In this event, prior to 1 July 1977: - Denmark and the United Kingdom shall reimpose customs duties as follows: >PIC FILE= "T0005746">

The customs duties specified in Articles 1, 2 and 3 of this Protocol shall be reintroduced on 1 January of the following year. (g) After 1 July 1977 the Contracting Parties shall examine within the Joint Committee the possibility of revising the percentage by which the levels of ceilings are raised, having regard to the trend of consumption and imports in the Community and to experience gained in applying this Article. (h) The ceilings shall be abolished at the end of the tariff-dismantling periods provided for in Articles 1, 2 and 3 of this Protocol, with the exception that for subheading No 76.01 A the ceilings shall be abolished on 31 December 1981.

SECTION B TREATMENT APPLICABLE TO IMPORTS INTO NORWAY OF CERTAIN

PRODUCTS ORIGINATING IN THE COMMUNITY

Article 51. Customs duties on imports into Norway from the Community as

originally constituted and from Ireland of the products listed in Annex D shall be progressively reduced to the following levels in accordance with the following timetable: >PIC FILE= "T0005747"> 2. Customs duties on imports into Norway from the Community as originally constituted and from Ireland of the products listed in Annex E shall be progressively reduced to the following levels in accordance with the following timetable: >PIC FILE= "T0005748">

Article 6For products covered by section B of this Protocol, Norway reserves

the right, in the event of it becoming absolutely necessary at a later stage and following consultations within the Joint Committee, to introduce indicative ceilings as defined in Section A of this Protocol, the methods applied to which will be the same as those mentioned therein. For imports exceeding the ceilings, customs duties not exceeding those applicable in respect of third countries may be reintroduced.

ANNEX A List of tariff quotas for 1974 DENMARK, UNITED KINGDOM >PIC FILE= "T0005749"> >PIC FILE= "T0005750"> ANNEX B List of tariff quotas for 1973 IRELAND >PIC FILE= "T0005751"> ANNEX C Basic amounts for 1973 >PIC FILE= "T0005752"> >PIC FILE= "T0005753"> ANNEX D >PIC FILE= "T0005754">>PIC FILE= "T0005755"> >PIC FILE= "T0005756"> ANNEX E >PIC FILE= "T0005757">>PIC FILE= "T0005758"> >PIC FILE= "T0005759"> >PIC FILE= "T0005760"> >PIC FILE= "T0005761"> >PIC FILE= "T0005762"> PROTOCOL No 2 concerning products subject to special arrangements to take account of differences in the cost of agricultural products incorporated therein

Article 1In order to take account of differences in the cost of the

agricultural products incorporated in the goods specified in the Tables annexed to this Protocol, the Agreement does not preclude: (i) the levying, upon import, of a variable component or fixed amount, or the application of internal price compensation measures; (ii) the application of measures adopted upon export.

Article 21. For the products specified in the Tables annexed to this Protocol

the basic duties shall be: (a) for the Community as originally constituted : the duties actually applied on 1 January 1972; (b) for Denmark, Ireland and the United Kingdom: (i) in respect of products covered by Regulation (EEC) No 1059/69: - for Ireland, on the one hand,

On the date of entry into force of the Agreement, 1 January 1974, 1 January 1975, 1 January 1976, 1 July 1977.

However, if the duty applicable on 1 July 1977 is greater than the basic duty, the difference between these duties shall be reduced by 40 % on 1 January 1974 and again reduced by 20 % on each of the following dates:

1 January 1975, 1 January 1976, 1 July 1977.

Notwithstanding Article 5 (3) of the Agreement and subject to the application by the Community of Article 39 (5) of the "Act concerning the Conditions of Accession and the Adjustments to the Treaties", as regards the specific duties or the specific part of the mixed duties of the customs tariff of the United Kingdom, paragraphs 1 and 2 shall be applied with rounding to the fourth decimal place for the products listed below: >PIC FILE= "T0005763">

Article 31. This Protocol shall also apply to the alcoholic beverages of

subheading No 22.09 C of the Common Customs Tariff not specified in Tables I and II annexed to this Protocol. The rules governing tariff reductions applicable to these products shall be decided by the Joint Committee.

When defining these rules or at a later date, the Joint Committee shall decide whether to include in this Protocol other products of Chapters 1 to 24 of the Brussels Nomenclature which are not subject to agricultural regulations in the territories of the Contracting Parties.

TABLE I EUROPEAN ECONOMIC COMMUNITY >PIC FILE= "T0005764"> >PIC FILE= "T0005765"> >PIC FILE= "T0005766"> >PIC FILE= "T0005767"> >PIC FILE= "T0005768"> >PIC FILE= "T0005769"> >PIC FILE= "T0005770"> >PIC FILE= "T0005771"> TABLE II NORWAY >PIC FILE= "T0005772"> >PIC FILE= "T0005773"> >PIC FILE= "T0005774"> >PIC FILE= "T0005775"> >PIC FILE= "T0005776"> PROTOCOL No 3 concerning the definition of the concept of "originating products" and methods of administrative cooperation

TITLE I Definition of the concept of "originating products"

Article 1For the purpose of implementing the Agreement, and without prejudice

to the provisions of Articles 2 and 3 of this Protocol, the following products shall be considered as: 1. products originating in the Community: (a) products wholly obtained in the Community; (b) products obtained in the Community in the manufacture of which products other than those referred to in (a) are used, provided that the said products have undergone sufficient working or processing within the meaning of Article 5. This condition shall not apply, however, to products which, within the meaning of this Protocol, originate in Norway;

The products in List C shall be temporarily excluded from the scope of this Protocol.

Article 2

B. products originating in Norway : those products referred to in Article 1 (2) which, after being exported from Norway have undergone no working or processing in any one of these six countries or have undergone working or processing insufficient to confer on them the status of products originating in any of those countries by virtue of provisions corresponding to those of Article 1 (1) (b) or (2) (b) of this Protocol contained in the agreements referred to above, provided that: (a) only products originating in any one of those six countries or in the Community or in Norway have been used in the course of the working or processing; (b) where a percentage rules limits, in the Lists A or B referred to in Article 5, the proportion in value of non-originating products that can be incorporated under certain circumstances, the added value has been acquired in each of the countries in accordance with the percentage rules and with the other rules contained in the said lists without any possibility of cumulation from one country to another.

Article 3Notwithstanding the provisions of Article 2 and provided that all

the conditions laid down in that Article are nevertheless fulfilled, the products obtained shall not continue to be considered as products originating in the Community or in Norway respectively unless the value of the products worked or processed originating in the Community or in Norway represents the highest percentage of the value of the products obtained. If this is not so, the latter products are considered as originating in the country where the added value acquired represents the highest percentage of their value.

Article 4The following shall be considered as wholly obtained either in the

Community or in Norway within the meaning of Article 1 (1) (a) and

Article 51. For the purpose of implementing Article 1 (1) (b) and (2) (b) the

following shall be considered as sufficient working or processing: (a) working or processing as a result of which the goods obtained receive a classification under a tariff heading other than that covering each of the products worked or processed, except, however, working or processing specified in List A, where the special provisions of that list apply; (b) working or processing specified in List B. "Sections", "Chapters" and "tariff headings" shall mean the Sections, Chapters and tariff headings in the Brussels Nomenclature for the Classification of Goods in Customs Tariffs.

Article 61. Where the Lists A and B referred to in Article 5 provide that

goods obtained in the Community or in Norway shall be considered as originating therein only if the value of the products worked or processed does not exceed a given percentage of the value of the goods obtained, the values to be taken into consideration for determining such percentage shall be:

This Article also applies for the implementation of Articles 2 and 3.

Article 7Goods originating in Norway or in the Community and constituting one

single shipment which is not split up may be transported through territory other than that of the Community, Norway, Austria, Finland, Iceland, Portugal, Sweden or Switzerland, with, should, the occasion arise, transhipment or temporary warehousing in such territory, provided that the crossing of the latter territory is justified for geographical reasons, that the goods have remained under the surveillance of the customs authorities in the country of transit or of warehousing, that they have not entered into the commerce of such countries or been delivered for home use there and have not undergone operations other than unloading, reloading or any operation designed to preserve them in good condition.

TITLE II Arrangements for administrative cooperation

Article 81. Originating products within the meaning of Article 1 of this

Protocol shall, on import into the Community or into Norway, benefit from the provisions of the Agreement upon submission of an A.N.1 movement certificate, a specimen of which is given in Annex V to this Protocol, issued by the customs authorities of Norway or of the Member States of the Community.

Article 9A movement certificate shall be issued only on application having

been made in writing by the exporter, on the form prescribed for this purpose.

Article 101. A movement certificate shall be issued by the customs authorities

of the exporting State when the goods to which it relates are exported. It shall be made available to the exporter as soon as actual exportation has been effected or ensured.

In exceptional circumstances a movement certificate may also be issued after exportation of the goods to which it relates if it was not issued at the time of exportation because of errors or involuntary omissions or special circumstances. In this case, the certificate shall bear a special reference to the conditions in which it was issued.

A movement certificate may be issued only where it can serve as the documentary evidence required for the purpose of implementing the preferential treatment provided for in the Agreement.

Article 111. A movement certificate must be submitted, within four months of

the date of issue by the customs authorities of the exporting State, to the customs authorities of the importing State where the goods are entered.

In other cases of belated presentation, the customs authorities of the importing State may accept the certificates where the goods have been submitted to them before the said final date.

Article 12

Movement certificates shall be made out on the appropriate form, specimens of which are given in Annexes V and VI to this Protocol, in one of the languages in which the Agreement is drawn up, and in accordance with the provisions of the domestic law of the exporting State. If they are handwritten, they shall he completed in ink in print-script.

Each certificate shall measure 210 x 297 mm. The paper used must be white sized writing paper not containing mechanical pulp and weighing not less than 25 grammes per square metre. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.

The Member States of the Community and Norway may reserve the right to print the certificates themselves or may have them printed by approved printers. In the latter case, each certificate must include a reference to such approval. Each certificate must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number by which it can be identified.

Article 13Movement certificates shall be submitted to customs authorities in

the importing State, in accordance with the procedures laid down by that State. The said authorities may require a translation of a certificate. They may also require the import declaration to be accompanied by a statement from the importer to the effect that the goods meet the conditions required for the implementation of the Agreement.

Article 141. The Community and Norway shall admit goods sent as small packages

to private persons or forming part of travellers' personal luggage as originating products benefiting from the Agreement without requiring the production of a movement certificate, provided that such goods are not imported by way of trade and have been declared as meeting the conditions required for the application of these provisions, and where there is no doubt as to the veracity of such declaration.

Article 15