21973A0514(01)
In short
This law is an agreement between the European Economic Community and the Kingdom of Norway to strengthen their economic relationship following the Community's expansion. It establishes specific rules for trade between them.
What it regulates
- The treatment of certain products in trade.
- Special arrangements for products that include agricultural components, accounting for cost differences.
- The definition of "originating products" and how administrative cooperation will work.
- Specific provisions related to Ireland within this agreement.
Who it concerns
- The European Economic Community.
- The Kingdom of Norway.
Key points
- The agreement was signed on 14/05/1973 and came into effect on 01/07/1973.
- It includes four specific Protocols covering different aspects of trade and cooperation.
- The agreement has been extensively amended and replaced over time, with numerous changes to its Protocols and Articles, some effective from dates like 01/01/1974, 01/01/1978, and 01/01/1981.
- The authentic languages of the agreement include Danish, German, English, French, Italian, Dutch, and Norwegian, among others.
Įstatymo tekstas
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 concer
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">
- 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 %.
- During the period from the date of entry into force of the Agreement to 31 December 1982 Ireland shall be entitled to open each year, for imports of products originating in Norway and falling within headings No 48.01 to 48.07, zero-duty tariff quotas until 31 December 1980, and 2 % duty tariff quotas subsequently, the basic amounts of which shall be equal to the average amount of imports between 1968 and 1971 raised annually by 5 % between 1974 and
- 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.
- The expression "the Community as originally constituted" means the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands. Article 2
- 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
Article 5(3) of the Agreement, rounded to the second decimal place.
2. The products referred to in paragraph 1 are the following: >PIC FILE= "T0005744"> Article 3 Customs 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 4 Imports 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
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"> - Ireland shall reimpose customs duties applicable to third countries. 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 5 1. 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 6 For 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 1 In 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 2 1. 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, - for Denmark and the United Kingdom on the other hand, in respect of products not covered by the Convention establishing the European Free Trade Association: the customs duties resulting from Article 47 of the "Act concerning the Conditions of Accession and the Adjustments to the Treaties" ; the Joint Committee shall be informed of these basic duties in good time and in any case before the first reduction provided for in paragraph 2; (
- ii)in respect of the other products : the duties actually applied on 1 January 1972; (
- c)for Norway : the duties shown in Table II annexed to this Protocol. 2. The difference between the basic duties so defined and the duties applicable on 1 July 1977, which are shown in the Tables annexed to this Protocol, shall be progressively abolished by five reductions of 20 % each to be made on the following dates: 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.
Article 5
- 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; 2. products originating in Norway; (
- a)products wholly obtained in Norway; (
- b)products obtained in Norway 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 the Community. The products in List C shall be temporarily excluded from the scope of this Protocol. Article 2 1. Inasmuch as trade between the Community and Austria, Finland, Iceland, Portugal, Sweden and Switzerland, and between Norway and the latter six countries, and also between each of those six countries themselves is governed by agreement containing rules identical to those in this Protocol, the following products shall also be considered as: A. products originating in the Community : those products referred to in Article 1
- b)of this Protocol contained in the agreements referred to above, provided that: (
- a)only products originating in any 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 rule 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; B. products originating in Norway : those products referred to in Article 1
- 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. 2. For the purpose of implementing paragraph 1 (A) (
- a)and (B) (a), the fact that products other than those referred to therein are used in a proportion not exceeding in total value 5 % of the value of the products obtained and imported into Norway or the Community does not affect the determination of origin of the latter products, provided that they would not have caused the products exported from the Community or Norway in the first place to lose their status of products originating in the Community or in Norway had they been incorporated there. 3. In the cases referred to in paragraph 1 (A) (
- b)and (B) (
- b)and paragraph 2, no non-originating product may be incorporated if it only undergoes the working or processing provided for in Article 5
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 4 The following shall be considered as wholly obtained either in the Community or in Norway within the meaning of Article 1
- a)mineral products extracted from their soil or from their seabed; (
- b)vegetable products harvested there; (
- c)live animals born and raised there; (
- d)products from live animals raised there; (
- e)products obtained by hunting or fishing conducted there; (
- f)products of sea fishing and other products taken from the sea by their vessels; (
- g)products made aboard their factory ships exclusively from products referred to in subparagraph (f); (
- h)used articles collected there fit only for the recovery of raw materials; (
- i)waste and scrap resulting from manufacturing operations conducted there; (
- j)goods produced there exclusively from products specified in subparagraphs (
- a)to (i). Article 5 1. For the purpose of implementing Article 1
- 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. 2. When, for a given product obtained, a percentage rule limits in List A and in List B the value of the materials and parts which can be used, the total value of these materials and parts, whether or not they have changed tariff heading in the course of the working, processing or assembly within the limits and under the conditions laid down in each of those two lists, may not exceed, in relation to the value of the product obtained, the value corresponding either to the common rate, if the rates are identical in both lists, or to the higher of the two if they are different. 3. For the purpose of implementing Article 1
- a)operations to ensure the preservation of merchandise in good condition during transport and storage (ventilation, spreading out, drying, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal of damaged parts, and like operations); (
- b)simple operations consisting of removal of dust, sifting or screening, sorting, classifying, matching (including the making up of sets of articles), washing, painting, cutting up; (
- c)(
- i)changes of packing and breaking up and assembly of consignments; (
- ii)simple placing in bottles, flasks, bags, cases, boxes, fixing on cards or boards, etc, and all other simple packing operations; (
- d)affixing marks, labels or other like distinguishing signs on products or their packaging; (
- e)simple mixing of products, whether or not of different kinds, where one or more components of the mixtures do not meet the conditions laid down in this Protocol to enable them to be considered as originating either in the Community or in Norway; (
- f)simple assembly of parts of articles to constitute a complete article; (
- g)a combination of two or more operations specified in subparagraphs (
- a)to (f); (
- h)slaughter of animals. Article 6 1. 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: - on the one hand, as regards products whose importation can be proved : their customs value at the time of importation; as regards products of undetermined origin : the earliest ascertainable price paid for such products in the territory of the Contracting Party where manufacture takes place; - and on the other hand, the ex-works price of the goods obtained, less internal taxes refunded or refundable on exportation. This Article also applies for the implementation of Articles 2 and 3. 2. Where Articles 2 and 3 apply, "added value acquired" shall be understood as meaning the difference between the ex-works price of the goods obtained, less internal taxes refunded or refundable on exportation from the country concerned or from the Community, and the customs value of all the products imported and worked or processed in that country or in the Community. Article 7 Goods 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 8 1. 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. 2. Where Article 2 and, where appropriate, Article 3 are applied, A.W.1 movement certificates, a specimen of which is given in Annex VI to this Protocol, shall be used. They shall be issued by the customs authorities of each of the countries concerned where the goods have either been held before their re-exportation in the same state or undergone the working or processing referred to in Article 2, upon presentation of the movement certificates issued previously. 3. In order that the customs authorities may satisfy themselves as to the conditions in which the goods have been kept in the territory of each of the countries concerned in cases where they have not been placed in a bonded warehouse and are to be re-exported in the same state, the movement certificates issued earlier and presented on importation of the goods shall, at the request of the holder of the goods, be duly endorsed at the time of importation and thereafter every six months by the said authorities. 4. The customs authorities of Norway and of the Member States of the Community shall be authorized to issue the movement certificates specified in the agreements referred to in Article 2 under the conditions laid down in those agreements provided that the goods covered by the certificates are in the territory of Norway or of the Community. A specimen of the certificate to be used is given in Annex VI to this Protocol. 5. Where the term "movement certificate" or "movement certificates" is used in this Protocol and it is not specified whether the certificate or certificates concerned are of the type described in paragraph 1 or of the type described in paragraph 2, the relevant provisions shall apply equally to both types of certificate. Article 9 A movement certificate shall be issued only on application having been made in writing by the exporter, on the form prescribed for this purpose. Article 10 1. 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. 2. A movement certificate issued under the conditions laid down in Article 8
- Applications for movement certificates and for certificates referred to in paragraph 2, upon presentation of which new certificates are issued, must be preserved for at least two years by the customs authorities of the exporting country. Article 11
- 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.
- A movement certificate which is submitted to the customs authorities of the importing State after the final date for presentation specified in paragraph 1 may be accepted for the purpose of applying preferential treatment, where the failure to submit the certificate by the final date set is due to reasons of force majeure or exceptional circumstances. 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.
- Movement certificates, whether or not endorsed in the conditions laid down in Article 8
- 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.
- Importations which are occasional and consist solely of goods for the personal use of the recipients or travellers or their families shall not be considered as importations by way of trade if it is evident from the nature and quantity of the goods that no commercial purpose is in view. Furthermore, the total value of these goods must not exceed 60 units of account in the case of small packages or 200 units of account in the case of the contents of travellers' personal luggage.
- The unit of account (UA) has a value of 0.88867088 grammes of fine gold. Should the unit of account be changed, the Contracting Parties shall make contact with each other at Joint Committee level to redefine the value in terms of gold. Article 15
- 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.
- A movement certificate must be produced to the customs authorities in the normal manner. The name and address of the exhibition must be indicated thereon. Where necessary, additional documentary evidence of the nature of the goods and the conditions under which they have been exhibited may be required.
- Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organized for private purposes in shops or business premises with a view to the sale of foreign goods, and during which the goods remain under customs control. Article 16 In 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
- In this and the following articles, the term "customs duties" also means charges having an effect equivalent to customs duties. Article 24
- 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
- In other cases, they may, where appropriate, be required to indicate the added value acquired in each of the following territories: - the Community as originally constituted, - Ireland, - Denmark, the United Kingdom, - Norway, - each of the six countries specified in Article 2 of this Protocol. Article 25
- 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
- a)products which meet the conditions of this Protocol and for which a movement certificate has been issued indicating that they have acquired the status of originating products and have undergone any additional processing solely in Norway or in the two countries referred to above or in the other six countries specified in Article 2 of this Protocol; (
- b)products, other than products of Chapters 50 to 62, which meet the conditions of this Protocol and for which a movement certificate has been issued indicating: 1. that they have been obtained by the processing of goods which, on exportation from the Community as originally constituted or from Ireland, had already acquired there the status of originating products; 2. and that the added value acquired in Norway or in the two countries referred to above or in the other six countries specified in Article 2 of this Protocol represents 50 % or more of the value of those products; (
- c)products of Chapters 50 to 62 listed in Column 2 below which meet the conditions of this Protocol and for which a movement certificate has been issued indicating that they have been obtained by the processing of goods listed in Column 1 below which, on exportation from the Community as originally constituted or from Ireland, had already acquired there the status of originating products. >PIC FILE= "T0005777"> >PIC FILE= "T0005778"> >PIC FILE= "T0005779"> >PIC FILE= "T0005780"> The provisions of this paragraph shall apply only to products which by virtue of the provisions of this Agreement and of the annexed Protocols will benefit from the abolition of customs duties at the conclusion of the tariff dismantling period laid down for each product. The above provisions shall no longer be applicable once the tariff dismantling period laid down for each product expires. 2. In any cases other than those referred to in paragraph 1, Norway or the Community may adopt transitional provisions for the purpose of not levying the duties provided for in Article 3
- 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
- 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
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
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">
- 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 %.
- During the period from the date of entry into force of the Agreement to 31 December 1982 Ireland shall be entitled to open each year, for imports of products originating in Norway and falling within headings No 48.01 to 48.07, zero-duty tariff quotas until 31 December 1980, and 2 % duty tariff quotas subsequently, the basic amounts of which shall be equal to the average amount of imports between 1968 and 1971 raised annually by 5 % between 1974 and
- 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.
- The expression "the Community as originally constituted" means the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Italian Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands. Article 2
- 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
Article 5(3) of the Agreement, rounded to the second decimal place.
2. The products referred to in paragraph 1 are the following: >PIC FILE= "T0005744"> Article 3 Customs 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 4 Imports 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
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"> - Ireland shall reimpose customs duties applicable to third countries. 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 5 1. 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 6 For 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 1 In 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 2 1. 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, - for Denmark and the United Kingdom on the other hand, in respect of products not covered by the Convention establishing the European Free Trade Association: the customs duties resulting from Article 47 of the "Act concerning the Conditions of Accession and the Adjustments to the Treaties" ; the Joint Committee shall be informed of these basic duties in good time and in any case before the first reduction provided for in paragraph 2; (
- ii)in respect of the other products : the duties actually applied on 1 January 1972; (
- c)for Norway : the duties shown in Table II annexed to this Protocol. 2. The difference between the basic duties so defined and the duties applicable on 1 July 1977, which are shown in the Tables annexed to this Protocol, shall be progressively abolished by five reductions of 20 % each to be made on the following dates: 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.
Article 5
- 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; 2. products originating in Norway; (
- a)products wholly obtained in Norway; (
- b)products obtained in Norway 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 the Community. The products in List C shall be temporarily excluded from the scope of this Protocol. Article 2 1. Inasmuch as trade between the Community and Austria, Finland, Iceland, Portugal, Sweden and Switzerland, and between Norway and the latter six countries, and also between each of those six countries themselves is governed by agreement containing rules identical to those in this Protocol, the following products shall also be considered as: A. products originating in the Community : those products referred to in Article 1
- b)of this Protocol contained in the agreements referred to above, provided that: (
- a)only products originating in any 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 rule 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; B. products originating in Norway : those products referred to in Article 1
- 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. 2. For the purpose of implementing paragraph 1 (A) (
- a)and (B) (a), the fact that products other than those referred to therein are used in a proportion not exceeding in total value 5 % of the value of the products obtained and imported into Norway or the Community does not affect the determination of origin of the latter products, provided that they would not have caused the products exported from the Community or Norway in the first place to lose their status of products originating in the Community or in Norway had they been incorporated there. 3. In the cases referred to in paragraph 1 (A) (
- b)and (B) (
- b)and paragraph 2, no non-originating product may be incorporated if it only undergoes the working or processing provided for in Article 5
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 4 The following shall be considered as wholly obtained either in the Community or in Norway within the meaning of Article 1
- a)mineral products extracted from their soil or from their seabed; (
- b)vegetable products harvested there; (
- c)live animals born and raised there; (
- d)products from live animals raised there; (
- e)products obtained by hunting or fishing conducted there; (
- f)products of sea fishing and other products taken from the sea by their vessels; (
- g)products made aboard their factory ships exclusively from products referred to in subparagraph (f); (
- h)used articles collected there fit only for the recovery of raw materials; (
- i)waste and scrap resulting from manufacturing operations conducted there; (
- j)goods produced there exclusively from products specified in subparagraphs (
- a)to (i). Article 5 1. For the purpose of implementing Article 1
- 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. 2. When, for a given product obtained, a percentage rule limits in List A and in List B the value of the materials and parts which can be used, the total value of these materials and parts, whether or not they have changed tariff heading in the course of the working, processing or assembly within the limits and under the conditions laid down in each of those two lists, may not exceed, in relation to the value of the product obtained, the value corresponding either to the common rate, if the rates are identical in both lists, or to the higher of the two if they are different. 3. For the purpose of implementing Article 1
- a)operations to ensure the preservation of merchandise in good condition during transport and storage (ventilation, spreading out, drying, chilling, placing in salt, sulphur dioxide or other aqueous solutions, removal of damaged parts, and like operations); (
- b)simple operations consisting of removal of dust, sifting or screening, sorting, classifying, matching (including the making up of sets of articles), washing, painting, cutting up; (
- c)(
- i)changes of packing and breaking up and assembly of consignments; (
- ii)simple placing in bottles, flasks, bags, cases, boxes, fixing on cards or boards, etc, and all other simple packing operations; (
- d)affixing marks, labels or other like distinguishing signs on products or their packaging; (
- e)simple mixing of products, whether or not of different kinds, where one or more components of the mixtures do not meet the conditions laid down in this Protocol to enable them to be considered as originating either in the Community or in Norway; (
- f)simple assembly of parts of articles to constitute a complete article; (
- g)a combination of two or more operations specified in subparagraphs (
- a)to (f); (
- h)slaughter of animals. Article 6 1. 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: - on the one hand, as regards products whose importation can be proved : their customs value at the time of importation; as regards products of undetermined origin : the earliest ascertainable price paid for such products in the territory of the Contracting Party where manufacture takes place; - and on the other hand, the ex-works price of the goods obtained, less internal taxes refunded or refundable on exportation. This Article also applies for the implementation of Articles 2 and 3. 2. Where Articles 2 and 3 apply, "added value acquired" shall be understood as meaning the difference between the ex-works price of the goods obtained, less internal taxes refunded or refundable on exportation from the country concerned or from the Community, and the customs value of all the products imported and worked or processed in that country or in the Community. Article 7 Goods 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 8 1. 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. 2. Where Article 2 and, where appropriate, Article 3 are applied, A.W.1 movement certificates, a specimen of which is given in Annex VI to this Protocol, shall be used. They shall be issued by the customs authorities of each of the countries concerned where the goods have either been held before their re-exportation in the same state or undergone the working or processing referred to in Article 2, upon presentation of the movement certificates issued previously. 3. In order that the customs authorities may satisfy themselves as to the conditions in which the goods have been kept in the territory of each of the countries concerned in cases where they have not been placed in a bonded warehouse and are to be re-exported in the same state, the movement certificates issued earlier and presented on importation of the goods shall, at the request of the holder of the goods, be duly endorsed at the time of importation and thereafter every six months by the said authorities. 4. The customs authorities of Norway and of the Member States of the Community shall be authorized to issue the movement certificates specified in the agreements referred to in Article 2 under the conditions laid down in those agreements provided that the goods covered by the certificates are in the territory of Norway or of the Community. A specimen of the certificate to be used is given in Annex VI to this Protocol. 5. Where the term "movement certificate" or "movement certificates" is used in this Protocol and it is not specified whether the certificate or certificates concerned are of the type described in paragraph 1 or of the type described in paragraph 2, the relevant provisions shall apply equally to both types of certificate. Article 9 A movement certificate shall be issued only on application having been made in writing by the exporter, on the form prescribed for this purpose. Article 10 1. 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. 2. A movement certificate issued under the conditions laid down in Article 8
- Applications for movement certificates and for certificates referred to in paragraph 2, upon presentation of which new certificates are issued, must be preserved for at least two years by the customs authorities of the exporting country. Article 11
- 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.
- A movement certificate which is submitted to the customs authorities of the importing State after the final date for presentation specified in paragraph 1 may be accepted for the purpose of applying preferential treatment, where the failure to submit the certificate by the final date set is due to reasons of force majeure or exceptional circumstances. 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.
- Movement certificates, whether or not endorsed in the conditions laid down in Article 8
- 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.
- Importations which are occasional and consist solely of goods for the personal use of the recipients or travellers or their families shall not be considered as importations by way of trade if it is evident from the nature and quantity of the goods that no commercial purpose is in view. Furthermore, the total value of these goods must not exceed 60 units of account in the case of small packages or 200 units of account in the case of the contents of travellers' personal luggage.
- The unit of account (UA) has a value of 0.88867088 grammes of fine gold. Should the unit of account be changed, the Contracting Parties shall make contact with each other at Joint Committee level to redefine the value in terms of gold. Article 15
- Goods sent from the Community or from Norway for exhibition in