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 1

The 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 2

The 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 3

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

between the Community and Norway.

2. Customs duties on imports shall be progressively abolished in

accordance with the following timetable: (a) on the date of entry

into force of the Agreement each duty shall be reduced to 80 % of

the basic duty;

(b) four further reductions of 20 % each shall be made on:

1 January 1974,

1 January 1975,

1 January 1976,

1 July 1977.

Article 4

1. 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.

2. Denmark, Ireland and the United Kingdom may retain until 1

January 1976 a customs duty of a fiscal nature or the fiscal element

of a customs duty in the event of implementation of Article 38 of

the "Act concerning the Conditions of Accession and the Adjustments

to the Treaties".

3. Norway may retain temporarily and not beyond 31 December 1975,

while observing the conditions of Article 18, a customs duty of a

fiscal nature or the fiscal element of any such duty.

Article 5

1. 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.

2. If, after 1 January 1972, any tariff reductions resulting from

the tariff agreements concluded as a result of the Trade Conference

held in Geneva from 1964 to 1967 become applicable, such reduced

duties shall replace the basic duties referred to in paragraph 1.

3. The reduced duties calculated in accordance with Article 3 and

Protocols Nos 1 and 2 shall be applied rounded to the first decimal

place.

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 6

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

imports shall be introduced in trade between the Community and

Norway.

2. Charges having an effect equivalent to customs duties on imports

introduced on or after 1 January 1972 in trade between the Community

and Norway shall be abolished upon the entry into force of the

Agreement.

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.

3. Charges having an effect equivalent to customs duties on imports

shall be progressively abolished in accordance with the following

timetable: (a) by 1 January 1974 at the latest each charge shall be

reduced to 60 % of the rate applied on 1 January 1972;

(b) three further reductions of 20 % each shall be made on:

1 January 1975,

1 January 1976,

1 July 1977.

Article 7

1. 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 8

Protocol No 1 lays down the tariff treatment and arrangements

applicable to certain products.

Article 9

Protocol No 2 lays down the tariff treatment and arrangements

applicable to certain goods obtained by processing agricultural

products.

Article 10

1. 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.

2. In such cases the Contracting Party in question shall take due

account of the interests of the other Contracting Party. To this end

the Contracting Parties may consult each other within the Joint

Committee provided for in Article 29.

Article 11

Protocol No 3 lays down the rules of origin.

Article 12

A 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 13

1. No new quantitative restriction on imports or measures having

equivalent effect shall be introduced in trade between the Community

and Norway.

2. Quantitative restrictions on imports shall be abolished on the

date of entry into force of the Agreement and any measures having an

effect equivalent to quantitative restrictions on imports shall be

abolished not later than 1 January 1975.

Article 14

1. 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.

2. Norway reserves the right to take similar action should it be

faced with like situations.

3. Subject to paragraphs 1 and 2, the Agreement shall not prejudice

the non-tariff rules applied to imports of petroleum products.

Article 15

1. 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.

2. The Contracting Parties shall apply their agricultural rules in

veterinary, health and plant health matters in a non-discriminatory

fashion and shall not introduce any new measures that have the

effect of unduly obstructing trade.

3. The Contracting Parties shall examine, under the conditions set

out in Article 31, any difficulties that might arise in their trade

in agricultural products and shall endeavour to seek appropriate

solutions.

Article 16

From 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 17

The 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 18

The 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 19

Payments 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 20

The 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 21

Nothing 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 22

1. The Contracting Parties shall refrain from any measure likely to

jeopardize the fulfilment of the objectives of the Agreement.

2. They shall take any general or specific measures required to

fulfil their obligations under 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 23

1. 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.

2. Should a Contracting Party consider that a given practice is

incompatible with this Article, it may take appropriate measures

under the conditions and in accordance with the procedures laid down

in Article 27.

Article 24

Where an increase in imports of a given product is, or is likely, to

be seriously detrimental to any production activity carried on in

the territory of one of the Contracting Parties and where this

increase is due to: (i) the partial or total reduction in the

importing Contracting Party, as provided for in the Agreement, of

customs duties and charges having equivalent effect levied on the

product in question ; and

(ii) the fact that the duties or charges having equivalent effect

levied by the exporting Contracting Party on imports of raw

materials or intermediate products used in the manufacture of the

product in question are significantly lower than the corresponding

duties or charges levied by the importing Contracting Party;

the Contracting Party concerned may take appropriate measures under

the conditions and in accordance with the procedures laid down in

Article 27.

Article 25

If one of the Contracting Parties finds that dumping is taking place

in trade with the other Contracting Party, it may take appropriate

measures against this practice in accordance with the Agreement on

Implementation of Article VI of the General Agreement on Tariffs and

Trade, under the conditions and in accordance with the procedures

laid down in Article 27.

Article 26

If serious disturbances arise in any sector of the economy or if

difficulties arise which could bring about serious deterioration in

the economic situation of a region, the Contracting Party concerned

may take appropriate measures under the conditions and in accordance

with the procedures laid down in Article 27.

Article 27

1. 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.

2. In the cases specified in Articles 22 to 26, before taking the

measures provided for therein or, in cases to which paragraph 3 (d)

applies, as soon as possible, the Contracting Party in question

shall supply the Joint Committee with all relevant information

required for a thorough examination of the situation with a view to

seeking a solution acceptable to the Contracting Parties.

In the selection of measures, priority must be given to those which

least disturb the functioning of the Agreement.

The safeguard measures shall be notified immediately to the Joint

Committee and shall be the subject of periodical consultations

within the Committee, particularly with a view to their abolition as

soon as circumstances permit.

3. For the implementation of paragraph 2, the following provisions

shall apply: (a) As regards Article 23, either Contracting Party may

refer the matter to the Joint Committee if it considers that a given

practice is incompatible with the proper functioning of the

Agreement within the meaning of Article 23 (1).

The Contracting Parties shall provide the Joint Committee with all

relevant information and shall give it the assistance it requires in

order to examine the case and, where appropriate, to eliminate the

practice objected to.

If the Contracting Party in question fails to put an end to the

practice objected to within the period fixed by the Joint Committee,

or in the absence of agreement in the Joint Committee within three

months of the matter being referred to it, the Contracting Party

concerned may adopt any safeguard measures it considers necessary to

deal with the serious difficulties resulting from the practices in

question ; in particular it may withdraw tariff concessions.

(b) As regards Article 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 28

Where 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 29

1. A Joint Committee is hereby established which shall be

responsible for the administration of the Agreement and shall ensure

its proper implementation. For this purpose, it shall make

recommendations and take decisions in the cases provided for in the

Agreement. These decisions shall be put into effect by the

Contracting Parties in accordance with their own rules.

2. For the purpose of the proper implementation of the Agreement the

Contracting Parties shall exchange information and, at the request

of either Party, shall hold consultations within the Joint

Committee.

3. The Joint Committee shall adopt its own rules of procedure.

Article 30

1. The Joint Committee shall consist of representatives of the

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

other.

2. The Joint Committee shall act by mutual agreement.

Article 31

1. Each Contracting Party shall preside in turn over the Joint

Committee, in accordance with the arrangements to be laid down in

its rules of procedure.

2. The Chairman shall convene meetings of the Joint Committee at

least once a year in order to review the general functioning of the

Agreement.

The Joint Committee shall, in addition, meet whenever special

circumstances so require, at the request of either Contracting

Party, in accordance with the conditions to be laid down in its

rules of procedure.

3. The Joint Committee may decide to set up any working party that

can assist it in carrying out its duties.

Article 32

1. Where a Contracting Party considers that it would be useful in

the common interest of both Contracting Parties to develop the

relations established by the Agreement by extending them to fields

not covered thereby, it shall submit a reasoned request to the other

Contracting Party.

The Contracting Parties may instruct the Joint Committee to examine

this request and, where appropriate, to make recommendations to

them, particularly with a view to opening negotiations. 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.

2. The agreements resulting from the negotiations referred to in

paragraph 1 will be subject to ratification or approval by the

Contracting Parties in accordance with their own procedures.

Article 33

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

thereof.

Article 34

Either Contracting Party may denounce the Agreement by notifying the

other Contracting Party. The Agreement shall cease to be in force

twelve months after the date of such notification.

Article 35

The Agreement shall apply, on the one hand, to the territories to

which the Treaty establishing the European Economic Community

applies upon the terms laid down in that Treaty and, on the other,

to the territory of the 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 1

1. 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 %.

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 1976.

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.

6. 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

1. 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

(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 (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">

- 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.

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 3

1. 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.

2. On this occasion the Joint Committee shall supplement, if

necessary, Annexes II and III to Protocol No 3.

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 1

For 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;

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 (1) which, after being

exported from the Community, have undergone no working or processing

in any of those six countries or have not undergone sufficient

working or processing there 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 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 (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.

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

(3).

Article 3

Notwithstanding 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 (1) (a) and

(2) (a): (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 (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.

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 (1) (b) and (2) (b),

the following shall still be considered as insufficient working or

processing to confer the status of orginating product, whether or

not there is a change of tariff heading: (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 (2) or (4) must bear references to the movement

certificate or certificates issued earlier upon presentation of

which it is issued.

3. 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

1. 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.

2. 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.

3. Movement certificates, whether or not endorsed in the conditions

laid down in Article 8 (3), shall be preserved by the customs

authorities of the importing State in accordance with the rules in

force in that State.

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 13

Movement 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 14

1. 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.

2. 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.

3. 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

1. 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.

2. 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.

3. 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 (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 17

Penalties 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 18

The 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 19

The Community and Norway shall each take the steps necessary to

implement this Protocol.

Article 20

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

movement certificates shall form an integral part of this Protocol.

Article 21

Goods 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 22

The 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 23

1. 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.

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

remission of any kind may be granted from customs duties in Denmark

or the United Kingdom in respect of products imported and used in

the manufacture of goods for which a movement certificate is issued

by the customs authorities of either of these two countries for the

purpose of benefiting in Norway from the tariff provisions in force

in Norway and covered by Article 3 (1) of the Agreement. This rule

does not, however, apply where the products used are those referred

to in Article 25 (1) (a) of this Protocol.

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

remission of any kind may be granted from customs duties in Norway

in respect of imported products used in the manufacture of goods for

which a movement certificate is issued by the customs authorities of

Norway for the purpose of benefiting in Denmark or the United

Kingdom from the tariff provisions in force in these two countries

and covered by Article 3 (1) of the Agreement. This rule does not,

however, apply where the products used are those referred to in

Article 25 (1) (a) of this Protocol.

4. In this and the following articles, the term "customs duties"

also means charges having an effect equivalent to customs duties.

Article 24

1. 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.

2. 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

1. 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

(1) of the Agreement: (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 (2) of the

Agreement on the value corresponding to the value of the products

oringinating in Norway or in the Community which have been worked or

processed to obtain other products fulfilling the conditions laid

down in this Protocol and which are subsequently imported into

Norway or into the Community.

Article 26

The 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 27

1. 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.

2. For the purpose of implementing Article 2 (1) (B) 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 the Community applies

the rate of duty applicable to third countries to that product in

respect of the said country under the Agreement concluded by the

Community with that country.

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

(1) of the Agreement

The European Economic Community declars that in the context of the

autonomous implementation of Article 23 (1) of the Agreement which

is incumbent on the Contracting Parties, it will assess any

practices contrary to that Article on the basis of criteria arising

from the application of the rules of Articles 85, 86, 90 and 92 of

the Treaty establishing the European Economic Community.

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 1

1. 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 %.

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 1976.

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.

6. 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

1. 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

(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 (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">

- 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

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ANNEX B

List of tariff quotas for 1973 IRELAND

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ANNEX C

Basic amounts for 1973

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ANNEX D

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ANNEX E

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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.

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 3

1. 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.

2. On this occasion the Joint Committee shall supplement, if

necessary, Annexes II and III to Protocol No 3.

TABLE I EUROPEAN ECONOMIC COMMUNITY

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TABLE II NORWAY

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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 1

For 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;

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 (1) which, after being

exported from the Community, have undergone no working or processing

in any of those six countries or have not undergone sufficient

working or processing there 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 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 (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.

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

(3).

Article 3

Notwithstanding 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 (1) (a) and

(2) (a): (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 (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.

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 (1) (b) and (2) (b),

the following shall still be considered as insufficient working or

processing to confer the status of orginating product, whether or

not there is a change of tariff heading: (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 (2) or (4) must bear references to the movement

certificate or certificates issued earlier upon presentation of

which it is issued.

3. 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

1. 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.

2. 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.

3. Movement certificates, whether or not endorsed in the conditions

laid down in Article 8 (3), shall be preserved by the customs

authorities of the importing State in accordance with the rules in

force in that State.

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 13

Movement 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 14

1. 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.

2. 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.

3. 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

1. 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.

2. 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.

3. 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 (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 17

Penalties 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 18

The 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 19

The Community and Norway shall each take the steps necessary to

implement this Protocol.

Article 20

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

movement certificates shall form an integral part of this Protocol.

Article 21

Goods 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 22

The 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 23

1. 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.

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

remission of any kind may be granted from customs duties in Denmark

or the United Kingdom in respect of products imported and used in

the manufacture of goods for which a movement certificate is issued

by the customs authorities of either of these two countries for the

purpose of benefiting in Norway from the tariff provisions in force

in Norway and covered by Article 3 (1) of the Agreement. This rule

does not, however, apply where the products used are those referred

to in Article 25 (1) (a) of this Protocol.

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

remission of any kind may be granted from customs duties in Norway

in respect of imported products used in the manufacture of goods for

which a movement certificate is issued by the customs authorities of

Norway for the purpose of benefiting in Denmark or the United

Kingdom from the tariff provisions in force in these two countries

and covered by Article 3 (1) of the Agreement. This rule does not,

however, apply where the products used are those referred to in

Article 25 (1) (a) of this Protocol.

4. In this and the following articles, the term "customs duties"

also means charges having an effect equivalent to customs duties.

Article 24

1. 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.

2. 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

1. 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

(1) of the Agreement: (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

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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 (2) of the

Agreement on the value corresponding to the value of the products

oringinating in Norway or in the Community which have been worked or

processed to obtain other products fulfilling the conditions laid

down in this Protocol and which are subsequently imported into

Norway or into the Community.

Article 26

The 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 27

1. 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.

2. For the purpose of implementing Article 2 (1) (B) 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 the Community applies

the rate of duty applicable to third countries to that product in

respect of the said country under the Agreement concluded by the

Community with that country.

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

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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

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ANNEX IV

LIST C List of products excluded from the scope of this Protocol

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ANNEX V

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ANNEX VI

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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

(1) of the Agreement

The European Economic Community declars that in the context of the

autonomous implementation of Article 23 (1) of the Agreement which

is incumbent on the Contracting Parties, it will assess any

practices contrary to that Article on the basis of criteria arising

from the application of the rules of Articles 85, 86, 90 and 92 of

the Treaty establishing the European Economic Community.

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.