Division
United Kingdom
Your Excellency,
I would like to draw to your attention an error of form in Article 3 of Protocol No 1 to the Agreement between the European Economic Community and the Kingdom of Norway. This Article provides for a special timetable for the reduction of customs duties on imports into the Community as originally constituted and Ireland of products of subheading No 76.01 A and of heading No 76.02 or 76.03 of the Common Customs Tariff.
Owing to the error, the timetable of Article 3 of Protocol No 1 contains only the schedule of tariff reductions based on the basic duties — as defined in Article 5 (1) of the Agreement — applied on 1 January 1972 by the Community as originally constituted. The basic duties applied by Ireland on 1 January 1972 being different, the schedule of tariff reductions for Ireland ought to be mentioned separately, as has been done for other products in Article 1 (2) and Article 2 (1) of Protocol No 1.
The Irish duty applied on 1 January 1972 to products of subheading No 76.01 A and of certain subheadings of heading Nos 76.02 or 76.03 was zero (Annex). According to Article 3 (1) of the Agreement these duties will remain zero.
Consequently, it is the understanding of the Community that the timetable of Article 3 should read as follows in respect of those subheadings of heading Nos 76.02 and 76.03 where a positive basic duty on imports into Ireland was in force on 1 January 1972:
| Timetable | Community as originally constituted Rates of duty applicable — percentage ad valorem | Ireland Percentage of basic duties applicable | |
|---|---|---|---|
| Heading Nos 76.02 and 76.03 | Subheading No 76.01 A | Heading Nos 76.02 and 76.03 | |
| On the date of entry into force of the Agreement | 11.4 | 6.6 | 95 % |
| 1 January 1974 | 10.8 | 6.3 | 90 % |
| 1 January 1975 | 10.2 | 5.9 | 85 % |
| 1 January 1976 | 9 | 5.6 | 75 % |
| 1 January 1977 | 7.2 | 4.2 | 60 % |
| 1 January 1978 | 3 | 3 | 25 % |
| 1 January 1979 | 2.7 | 2.7 | 22.5 % |
| 1 January 1980 | 0 | 0 | 0 % |
Further proof that this form of timetable corresponds to the intention of the negotiators is given in Article 4 (f) of Protocol No 1, which determines the duties that can be reimposed when a ceiling has been reached. As far as the new Member States are concerned this Article takes account of the progressive realignment of their customs tariff with the Common Customs Tariff:
‘In this event, prior to 1 July 1977:
Ireland shall reimpose customs duties applicable to third countries.’
I should be grateful if you would confirm the agreement of the Government of the Kingdom of Norway with the content of this letter.
Please accept, Sir, the assurance of my highest consideration.
In the name of the Council of the European Communities