Annex I

1. Customs duties on imports into Mexico of products originating in Norway listed in this Annex (Tariff Elimination Schedule of Mexico) under category «1» shall be eliminated on the date of entry into force of the Agricultural Agreement.

2. Customs duties on imports into Mexico of products originating in Norway listed in this Annex (Tariff Elimination Schedule of Mexico) under category «2» shall be eliminated in accordance with the following schedule:

   1. on the date of entry into force of this Agreement, each duty shall be reduced to 75 per cent of the basic duty;

   2. one year after the date of entry into force of this Agreement, each duty shall be reduced to 50 per cent of the basic duty;

   3. two years after the date of entry into force of this Agreement, each duty shall be reduced to 25 per cent of the basic duty; and

   4. three years after the date of entry into force of this Agreement, the remaining duties shall be completely eliminated.

3. Customs duties on imports into Mexico of products originating in Norway listed in this Annex (Tariff Elimination Schedule of Mexico) under category «3» shall be eliminated in accordance with the following schedule:

   1. on the date of entry into force of this Agreement, each duty shall be reduced to 89 per cent of the basic duty;

   2. one year after the date of entry into force of this Agreement, each duty shall be reduced to 78 per cent of the basic duty;

   3. two years after the date of entry into force of this Agreement, each duty shall be reduced to 67 per cent of the basic duty;

   4. three years after the date of entry into force of this Agreement, each duty shall be reduced to 56 per cent of the basic duty;

   5. four years after the date of entry into force of this Agreement, each duty shall be reduced to 45 per cent of the basic duty;

   6. five years after the date of entry into force of this Agreement, each duty shall be reduced to 34 per cent of the basic duty;

   7. six years after the date of entry into force of this Agreement, each duty shall be reduced to 23 per cent of the basic duty;

   8. seven years after the date of entry into force of this Agreement, each duty shall be reduced to 12 per cent of the basic duty; and

   9. eight years after the date of entry into force of this Agreement, the remaining duties shall be completely eliminated.

4. Customs duties on imports into Mexico of products originating in Norway listed in this Annex (Tariff Elimination Schedule of Mexico) under category «4» shall be eliminated in accordance with the following schedule:

   1. three years after the date of entry into force of this Agreement, each duty shall be reduced to 87 per cent of the basic duty;

   2. four years after the date of entry into force of this Agreement, each duty shall be reduced to 75 per cent of the basic duty;

   3. five years after the date of entry into force of this Agreement, each duty shall be reduced to 62 per cent of the basic duty;

   4. six years after the date of entry into force of this Agreement, each duty shall be reduced to 50 per cent of the basic duty;

   5. seven years after the date of entry into force of this Agreement, each duty shall be reduced to 37 per cent of the basic duty;

   6. eight years after the date of entry into force of this Agreement, each duty shall be reduced to 25 per cent of the basic duty;

   7. nine years after the date of entry into force of this Agreement, each duty shall be reduced to 12 per cent of the basic duty; and

   8. ten years after the date of entry into force of this Agreement, the remaining duties shall be completely eliminated.

5. Mexico shall allow the importation of products originating in Norway as of the date of entry into force of this Agreement, listed in this Annex (Tariff Elimination Schedule of Mexico) under category «6», classified in item 2905.4401 «D-Glucitol (Sorbitol)» and item 3824.6001 «Sorbitol other than that of subheading 2905.4401» with a preferential customs duty no greater than 50 per cent of the MFN custom duty applicable at the time of importation to imports into Mexico of such products.

Annex I Tariff elimination schedule of Mexico

Annex II

Norway shall reduce or eliminate customs duties on goods originating in Mexico as indicated for each products in the following table, and shall not apply to these goods a higher customs duty than that specified in column 3 for each product.

1. Further tariff elimination shall be applied in accordance with Appendix I to this Annex

2. Norway shall grant Mexico a treatment not less favourable than that accorded by Norway to the EU at entry into force of this agreement. The treatment is set out in Appendix II to this Annex.

Appendix I to Annex II

Tariff elimination schedule for products covered by tariff item 15.12.1990 in the Norwegian customs tariff

Customs duties on imports into Norway of products originated in Mexico covered by tariff item 15.12.1990 shall be eliminated in accordance with the following schedule:

1. by entry into force of this Agreement, the duty shall be reduced to 10%;

2. one year after entry into force of this Agreement, the duty shall be reduced to 9%;

3. two years after entry into force of this Agreement, the duty shall be reduced to 8%;

4. three years after entry into force of this Agreement, the duty shall be reduced to 7%;

5. four years after entry into force of this Agreement, the duty shall be reduced to 6%;

6. five years after entry into force of this Agreement, the duty shall be reduced to 5%;

7. six years after entry into force of this Agreement, the duty shall be reduced to 4%;

8. seven years after entry into force of this Agreement, the duty shall be reduced to 3%;

9. eight years after entry into force of this Agreement, the duty shall be reduced to 2%;

10. nine years after entry into force of this Agreement, the duty shall be reduced to 1%;

11. ten years after entry into force of this Agreement, the duty shall be reduced to 0%;

Appendix II to Annex II

The customs duty for HS-no. 21.03.9099 shall be calculated on the basis of the actual content of raw materials listed in table 1 below and with the corresponding reference rates.

Table 1 Referance rates for raw materials for declaration on imports from Mexico

Annex III Rules of origin

Article 1

Definitions

For the purposes of this Annex, the definitions set out in Article 1 of Annex I to the Free Trade Agreement between the EFTA States and Mexico shall apply mutatis mutandis.

Article 2

Origin criteria

1. For the purposes of this Agreement on agricultural products, a product shall be considered as originating in Norway or in Mexico if it has been:

   1. lly obtained there within the meaning of Article 4;

   2. sufficiently worked or processed there within the meaning of Article 5; or

   3. produced there exclusively from materials originating in the Party concerned in accordance with this Annex.

2. Conditions for acquiring originating status laid down in paragraph 1 shall be fulfilled without interruption in Norway or in Mexico respectively.

Article 3

Bilateral cumulation of origin

Notwithstanding Article 2, materials originating in the other Party within the meaning of this Annex shall be considered as materials originating in the Party concerned and it shall not be necessary that such materials have undergone sufficient working or processing there, provided however that the working or processing goes beyond that referred to in Article 6 of this Annex.

Article 4

Wholly obtained products

For the purposes of Article 2 (1)(a), the following products shall be considered as wholly obtained in Norway or in Mexico:

1. vegetable products harvested there;

2. live animals born and raised there;

3. products obtained from live animals raised there;

4. products obtained from hunting, fishing or trapping conducted there;

5. waste and scrap resulting from manufacturing operations conducted there;

6. products manufactured there exclusively from the products specified in sub-paragraphs (a) to (e) of this Article or from their derivatives, at any stage of production.

Article 5

Sufficiently worked or processed products

1. For the purposes of Article 2 (1)(b), a product incorporating materials which have not been wholly obtained either in Norway or in Mexico, shall be considered as having undergone sufficient working or processing in Norway or in Mexico respectively, when the conditions set out for that product in the Appendix to this Annex are fulfilled.

2. The conditions referred to in paragraph 1 indicate, for all products covered by this Agreement, the working or processing which shall be carried out on non-originating materials used in manufacturing and apply only in relation to such materials. Accordingly, it follows that if a product which has acquired originating status, regardless of whether this product has been manufactured in the same factory or in another factory in Mexico or in Norway, by fulfilling the conditions set out in the Appendix to this Annex is used as material in the manufacture of another product, the conditions applicable to such other product do not apply to a product that is used as material, and therefore no account shall be taken of any non-originating materials incorporated into such a product used as a material in the manufacture of another product.

Article 6

Insufficient working or processing

The provisions regarding insufficient working or processing operations contained in Article 6 of Annex I to the Free Trade Agreement between the EFTA States and Mexico shall apply mutatis mutandis to this Annex.

Article 7

Unit of classification

For the purposes of this Annex, the tariff classification of a particular product or material shall be determined according to the Harmonized System.

Article 8

Packing materials and containers

Packing materials and containers in which a product is packed for transport or shipment, shall be disregarded for the purpose of determining the origin of that product in accordance with Article 4 or 5.

Article 9

Accounting segregation

The provisions regarding accounting segregation contained in Article 8 of Annex I to the Free Trade Agreement between the EFTA States and Mexico shall apply mutatis mutandis to this Annex.

Article 10

Neutral elements

The provisions regarding neutral elements contained in Article 11 of Annex I to the Free Trade Agreement between the EFTA States and Mexico shall apply mutatis mutandis to this Annex.

Article 11

Direct transport

1. The preferential treatment provided for under this Agreement applies only to products satisfying the requirements of this Annex, which are transported directly from Mexico to Norway or from Norway to Mexico. However, products constituting one single consignment may be transported through other countries with, should the occasion arise, trans-shipment or temporary warehousing in such countries, provided that they remain under the surveillance of the customs authorities in the country of transit or warehousing and do not undergo operations other than unloading, reloading or any operation designed to preserve them in good condition.

2. Evidence that the conditions referred to in paragraph 1 have been fulfilled shall upon request be supplied to the customs authorities of the importing Party in accordance with the provisions of Article 13 (2) of Annex I to the Free Trade Agreement between the EFTA States and Mexico.

Article 12

Drawback

The provisions regarding prohibition of drawback of, or exemption from, import duties contained in Article 15 of Annex I to the Free Trade Agreement between the EFTA States and Mexico shall apply mutatis mutandis to this Annex.

Article 13

Proof of Origin

1. An originating product within the meaning of this Annex shall on importation into Norway or into Mexico benefit from the preferential treatment as provided for in this Agreement on the basis of submission of either a movement certificate EUR.1 or an invoice declaration completed and issued in accordance with the provisions of Title V of Annex I to the Free Trade Agreement between the EFTA States and Mexico.

2. The provisions regarding proof of origin contained in Title V of Annex I to the Free Trade Agreement between the EFTA States and Mexico shall apply mutatis mutandis to this Annex.

Article 14

Arrangements for administrative co-operation

The provisions regarding arrangements for administrative co-operation contained in Title VI of Annex I to the Free Trade Agreement between the EFTA States and Mexico shall apply mutatis mutandis to this Annex.

Article 15

Explanatory Notes

The provisions regarding «Explanatory Notes» on interpretation, application and administration contained in Article 37 of Annex I to the Free Trade Agreement between the EFTA States and Mexico shall apply mutatis mutandis to this Annex.

Article 16

Goods in transit or storage

The provisions of this Agreement may be applied to goods which comply with the provisions of this Annex and which on the date of entry into force of this Agreement are either in transit or are in Norway or in Mexico or, in temporary storage in bonded warehouse under customs control or in free zones, subject to the submission to the customs authorities of the importing Party concerned, within six months of the date, of a certificate EUR.1 endorsed retrospectively by the customs authorities or the competent governmental authority of the exporting Party together with the documents showing that the goods have been transported directly.

Appendix to Annex III

List of products referred to in paragraph 1 of Article 5

Introductory Note.

The provisions on Introductory Notes contained in Appendix 1 of Annex I to the Free Trade Agreement between the EFTA States and Mexico shall apply mutatis mutandis to this Appendix.

Annex IV on the mutual recognition of designations for spirit drinks between Norway and Mexico

Article 1

The Parties agree, on the basis of non-discrimination and reciprocity, to facilitate and promote trade between them in spirit drinks.

Article 2

This Annex shall apply to products falling within code 2208 of the International Convention on the Harmonized Commodity Description and Coding System.

Article 3

For the purposes of this Annex:

«spirit drink originating in» means, when followed by the name of one of the Parties, a spirit drink listed in the Appendix I and Appendix II and produced on the territory of that Party;

«description» means the designations used on the labelling, on the documents accompanying the transport of the spirit drinks, on the commercial documents, particularly the invoices and delivery notices, and in advertising;

«labelling» means all the descriptions and other references, signs, designs or trade marks which distinguish the spirit drinks and which appear on the same container, including the sealing device or the tag attached to the container and the sheathing covering the neck of the bottles;

«presentation» means the designations used on the containers, including the closure, on the labelling and on the packaging;

«packaging» means the protective wrappings such as papers, straw envelopes of all kinds, cartons and cases, used in the transport of one or more containers.

Article 4

The following designations are protected:

1. as regards spirit drinks originating in Norway, the designations listed in Appendix I;

2. as regards spirit drinks originating in Mexico, the designations listed in Appendix II.

Article 5

1. Mexico, the protected Norwegian designations:

   • may not be used otherwise than under the conditions laid down in the laws and regulations of Norway, and

   • are reserved exclusively to the spirits originating in Norway to which they apply.

2. In Norway, the protected Mexican designations:

   • may not be used otherwise than under the conditions laid down in the laws and regulations of Mexico, and

   • are reserved exclusively to the spirits originating in Mexico to which they apply.

3. In Norway, the protected Mexican designations:

4. Without prejudice to Articles 22 and 23 of the Agreement on Trade-Related Aspects of Intellectual Property Rights set out in Annex 1 C of the Agreement establishing the World Trade Organization, the Parties shall take all the necessary measures, in accordance with this Annex, to ensure reciprocal protection of the designations referred to in Article 3 and used to refer to spirit drinks originating in the territory of the Parties. Each Party shall provide the interested parties with the legal means of preventing the uses of a designation to designate spirit drinks not originating in the place indicated by the designation in question or in the place where the designation in question is traditionally used.

5. The Parties will not deny the protection provided for by this Article in the circumstances specified in paragraphs 4, 5, 6 and 7 of Article 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights

Article 6

The protection afforded by Article 5 shall also apply even where the true origin of the spirit drink is indicated or the designation is used in translation or accompanied by terms such as «kind», «type», «style», «way», «imitation», «method» or other analogous expressions, including graphic symbols which may lead to confusion.

Article 7

In the case of homonymous designations for spirit drinks, protection shall be accorded to each designation. The Parties will lay down the practical conditions under which the homonymous designations in question will be differentiated, taking into account the need to treat the producers concerned fairly and to avoid misleading the consumer.

Article 8

The provisions of this Annex shall in no way prejudice the right of any person to use, in the course of trade, their name or the name of their predecessor in a business, provided that such name is not used in such a manner as to mislead consumers.

Article 9

Nothing in this Annex shall oblige a Party to protect a designation of the other Party which is not protected or ceases to be protected in its country of origin or which has fallen into disuse in that country.

Article 10

The Parties shall take all measures necessary to ensure that, in cases where spirit drinks originating in the Parties are exported and marketed outside their territory, the protected designations of one Party referred to in this Annex are not used to designate and present spirit drinks originating in the other Party.

Article 11

To the extent that the relevant legislation of the Parties allows, the benefit of the protection given by this Annex, it shall be extended to natural and legal persons and to federations, associations and organizations of producers, traders or consumers whose headquarters are in the other Party.

Article 12

If the description or presentation of a spirit drink, particularly on the label or in the official or commercial documents or in advertising, is in breach of this Annex, the Parties shall apply administrative measures or initiate legal proceedings as appropriate in order to combat unfair competition or prevent any other form of wrongful use of the protected name.

Article 13

This Annex shall not apply to spirit drinks:

28a) which are in transit through the territory of one of the Parties; or

1. which are in transit through the territory of one of the Parties; or

2. which originate in the territory of one of the Parties and are consigned in small quantities between them.

The following shall be considered to be small quantities:

1. quantities of spirit drinks not exceeding 10 litres per traveller contained in traveller»s personal baggage;

2. quantities of spirit drinks not exceeding 10 litres forming part of consignments from one individual to another;

3. spirit drinks forming part of the household effects of individuals moving house;

4. up to one hectolitre of spirit drinks imported for conducting scientific and technical experiments;

5. spirit drinks imported as part of the duty-free allowances of diplomatic missions, consular posts and assimilated bodies;

6. spirit drinks which form part of the supplies carried on board international means of transport.

Article 14

1. If one of the Parties has reason to suspect that:

   1. a spirit drink as defined in Article 2, being or having been traded between Mexico and Norway, does not comply with this Annex or the relevant Norwegian or Mexican legislation applicable to spirit drinks; and

   2. this non-compliance is of particular interest to the other Party and could result in administrative measures or legal proceedings being taken, that Party shall immediately inform the other Party.

2. The information to be provided in accordance with paragraph 1 shall be accompanied by official, commercial or other appropriate documents, as well as an indication of what administrative measures or legal proceedings may, if necessary, be taken. The information shall include, in particular, the following details of the spirit drink concerned:

   1. the producer and the person who stocks the spirit drink;

   2. the composition of that drink;

   3. the description and presentation; and

   4. details of the non-compliance with the rules concerning production and marketing.

Article 15

1. The Parties shall enter into consultations if one of them considers that the other has failed to fulfil an obligation under this Annex.

2. The Party which requests the consultations shall provide the other Party with the information necessary for a detailed examination of the case in question.

3. In cases where any delay could endanger human health or impair the effectiveness of measures to control fraud, interim protective measures may be taken, without prior consultation, provided that consultations are held immediately after the taking of these measures.

4. If, following the consultations provided for in paragraphs 1 and 3, the Parties have not reached agreement, the Party which requested the consultations or took the measures referred to in paragraph 3 may take appropriate protective measures so as to permit the proper application of this Annex.

Article 16

1. The arties may by mutual consent amend this Annex in order to enhance the level of cooperation in the spirit drinks sector.

2. Where the legislation of one of the Parties is amended to protect designations other than those listed in the Appendixes, these designations shall be included, within a reasonable length of time, following conclusion of the consultations.

Article 17

1. Spirit drinks which, at the time of the entry into force of this Agreement, have been legally produced, designated and presented, but which are prohibited by this Annex, may be marketed by wholesalers for a period of one year from the entry into force of the Agreement and by retailers until stocks are exhausted. From the entry into force of this Agreement spirit drinks included herein may no longer be produced outside the limits of their regions of origin.

2. Spirit drinks produced, designated and presented in accordance with this Annex when they are marketed but whose description and presentation ceases to conform to this Annex following an amendment thereto may be marketed until stocks are exhausted unless otherwise agreed by the Parties.

Appendix I to Annex IV

Protected designations of spirit drinks originating in Norway:

Caraway flavoured spirit drinks

Norsk Aquavit/Norsk Akvavit/Norwegian Aquavit

Vodka

Norsk Vodka/Norwegian Vodka

Appendix II to Annex IV

Protected designations of spirit drinks originating in Mexico: