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AGREEMENT

in the form of an exchange of letters amending the temporary arrangement on concerted disciplines between the European Economic Community and Austria on reciprocal trade in cheese

Letter No 1

Sir,

I have the honour to refer to the temporary arrangement on concerted disciplines between the European Economic Community and Austria on reciprocal trade in cheese, signed in Brussels on 21 October 1981.

I. At the consultations held under paragraph 6 of the arrangement, it was considered desirable to change some of the arrangement's provisions in order to bring it more closely into line with actual market requirements. Thus, it was thought necessary to change the quantities laid down in respect of certain categories of cheese in paragraph 3 (a) and (b) of the arrangement and also to suspend the price observance arrangements laid down in paragraph 2 of the annex to the arrangement.

II. By common accord, the temporary arrangement on concerted disciplines between the European Economic Community and Austria on reciprocal trade in cheese is hereby amended as follows:

1. Paragraph 3 shall be replaced by the following:

'3. They agree that, for the period 1 January 1983 to 31 December 1984, for the cheeses listed below, the quantities traded each year and the import duties to be levied on importation may not exceed the following levels:

(a) on importation into Austria

(i) Cheese manufactured from cow's milk, falling within subheading 04.04 A of the Austrian Customs Tariff, originating in and coming from the Community and accompanied by an approved certificate of quality and origin:

1.2.3 // // Quantity // Import duty // // // // - Processed cheese // 2 600 tonnes // S 760/100 kg // - Blue-veined cheese // 850 tonnes // S 560/100 kg // - Danbo, Edam, Elbo, Finbo, Fontal, Gouda, Havarti, Malbo, Maribo, Mimolette, Samsoe, Tybo // 700 tonnes // S 560/100 kg // - Tilsit // // S 460/100 kg // - Emmentaler, Gruyère // // S 460/100 kg // - Butterkaese, Esrom, Italico, Kernheim, Saint-Nectaire, Saint-Paulin, Taleggio, Cheddar and other cheeses not listed above of a water content of the non-fatty matter not exceeding 62 %, with the exception of those falling within subheading 04.04 A 1 a), b), and c) of the Austrian Customs Tariff // 850 tonnes // S 560/100 kg

(ii) The above cheeses of Community origin may not be imported into Austria unless accompanied by the certificate referred to in paragraph 3 (a) (i). (b) on importation into the Community

Cheese falling within heading No 04.04 of the Common Customs Tariff, originating in and coming from Austria, and accompanied by an approved certificate:

1.2.3 // // Quantity // Import duty // // // // - Emmentaler, Gruyère, Sbrinz, Bergkaese, not grated or powdered, of a minimum fat content of 45 % by weight, in the dry matter, matured, for at least three months, falling within subheading 04.04 A: // // // - Whole cheeses // 5 000 tonnes (1) // 18,13 ECU/100 kg // - Pieces packed in vacuum or in inert gas with rind on at least one side, of a net weight of not less than 1 kg but less than 5 kg // 3 000 tonnes (1) // 18,13 ECU/100 kg // - Processed cheese, not grated or powdered, in the blending of which only Emmentaler, Gruyère and Appenzell have been used and which may contain, as an addition, Glarus herb cheese (known as Schabziger), put up for retail sale, of a fat content, by weight, in the dry matter, not exceeding 56 %, falling within subheading 04.04 D // 3 750 tonnes // 36,27 ECU/100 kg // - Smoked processed cheese, of a fat content, by weight, in the dry matter, of not less than 40 % but not exceeding 48 % falling within subheading 04.04 D I a) (1) // 350 tonnes // full levy // - Unpressed Tilsit, matured for not less than one month, and Butterkaese, falling within subheading 04.04 E I b) 2 // 2 200 tonnes // 55 ECU/100 kg // - Blue-veined cheese falling within subheading 04.04 C // // // - Whole Edam cheeses, of a fat content, by weight, in the dry matter, of not less than 40 % and of less than 48 %, of a net weight not exceeding 350 g (Geheimratskaese), falling within subheading 04.04 E I b) 2 // 200 tonnes // 50 ECU/100 kg // - "Fetta" and "Kephalo-Tyri" cheeses, made from cow's milk, of a fat content, by weight, in the dry matter, of less than 48 % falling within subheading 04.04 E I b) 2 // not have to be accompanied by an approved certificate.'

2. The following sentence shall be added to point 1 (b) of the annex to the arrangement:

'It will also communicate, every quarter, representative market prices for certain types of cheeses covered by the arrangement.'

3. Application of the provisions in the first paragraph of point 2 of the annex to the arrangement reading:

'on production of a declaration by the importer stating that the import prices correspond to the free-at-Austrian frontier prices agreed on by the Austrian authorities and the Community (accompanied by invoice as proof).'

shall be suspended.

III. All the other provisions of the arrangement shall remain unchanged.

I should be grateful if you would confirm that you are in agreement with the contents of this letter.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the

Council of the European Communities

Letter No 2

Sir,

I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:

'I have the honour to refer to the temporary arrangement on concerted disciplines between the European Economic Community and Austria on reciprocal trade in cheese, signed in Brussels on 21 October 1981.

I. At the consultations held under paragraph 6 of the arrangement, it was considered desirable to change some of the arrangement's provisions in order to bring it more closely into line with actual market requirements. Thus, it was thought necessary to change the quantities laid down in respect of certain categories of cheese in paragraph 3 (a) and (b) of the arrangement and also to suspend the price observance arrangements laid down in paragraph 2 of the annex to the arrangement.

II. By common accord, the temporary arrangement on concerted disciplines between the European Economic Community and Austria on reciprocal trade in cheese is hereby amended as follows:

1. Paragraph 3 shall be replaced by the following:

"3. They agree that, for the period 1 January 1983 to 31 December 1984, for the cheeses listed below, the quantities traded each year and the import duties to be levied on importation may not exceed the following levels: (a) on importation into Austria

(i) Cheese manufactured from cow's milk, falling within subheading 04.04 A of the Austrian Customs Tariff, originating in and coming from the Community and accompanied by an approved certificate of quality and origin:

1.2.3 // // Quantity // Import duty // // // // - Processed cheese // 2 600 tonnes // S 760/100 kg // - Blue-veined cheese // 850 tonnes // S 560/100 kg // - Danbo, Edam, Elbo, Finbo, Fontal, Gouda, Havarti, Malbo, Maribo, Mimolette, Samsoe, Tybo // 700 tonnes // S 560/100 kg // - Tilsit // // S 460/100 kg // - Emmentaler, Gruyère // // S 460/100 kg // - Butterkaese, Esrom, Italico, Kernheim, Saint-Nectaire, Saint-Paulin, Taleggio, Cheddar and other cheeses not listed above of a water content of the non-fatty matter not exceeding 62 %, with the exception of those falling within subheadings 04.04 A 1 a), b), and c) of the Austrian Customs Tariff // 850 tonnes // S 560/100 kg

(ii) The above cheeses of Community origin may not be imported into Austria unless accompanied by the certificate referred to in paragraph 3 (a) (i).

(b) on importation into the Community

Cheese falling within heading No 04.04 of the Common Customs Tariff, originating in and coming from Austria, and accompanied by an approved certificate:

1.2.3 // // Quantity // Import duty // // // // - Emmentaler, Gruyère, Sbrinz, Bergkaese, not grated or powdered, of a minimum fat content of 45 % by weight, in the dry matter, matured for at least three months, falling within subheading 04.04 A: // // // - Whole cheeses // 5 000 tonnes (1) // 18,13 ECU/100 kg // - Pieces packed in vacuum or in inert gas with rind on at least one side, of a net weight of not less than 1 kg but less than 5 kg // 3 000 tonnes (1) // 18,13 ECU/100 kg // - Processed cheese, not grated or powdered, in the blending of which only Emmentaler, Gruyère and Appenzell have been used and which may contain, as an addition, Glarus herb cheese (known as Schabziger), put up for retail sale, of a fat content, by weight, in the dry matter, not exceeding 56 %, falling within subheading 04.04 D // 3 750 tonnes // 36,27 categories of cheeses are interchangeable.

// // Quantity // Import duty // // - Smoked processed cheese, of a fat content, by weight, in the dry matter, of not less than 40 % but not exceeding 48 % falling within subheading 04.04 D I a) (1) // 350 tonnes // full levy // - Unpressed Tilsit, matured for not less than one month, and Butterkaese, falling within subheading 04.04 E I b) 2 // 2 200 tonnes // 55 ECU/100 kg // - Blue-veined cheese falling within subheading 04.04 C // // // - Whole Edam cheeses, of a fat content, by weight, in the dry matter, of not less than 40 % and of less than 48 %, of a net weight not exceeding 350 g (Geheimratskaese), falling within subheading 04.04 E I b) 2 // 200 tonnes // 50 ECU/100 kg // - 'Fetta' and 'Kephalo-Tyri' cheeses, made from cow's milk, of a fat content, by weight, in the dry matter, of less than 48 % falling within subheading 04.04 E I b) 2 // // // - Other cheeses (1) // 200 tonnes // full levy

(1) These cheeses do not have to be accompanied by an approved certificate".

2. The following sentence shall be added to point 1 (b) of the annex to the arrangement:

"It will also communicate, every quarter, representative market prices for certain types of cheeses covered by the arrangement."

3. Application of the provisions in the first paragraph of point 2 of the annex to the arrangement reading:

"on production of a declaration by the importer stating that the import prices correspond to the free-at-Austrian frontier prices agreed on by the Austrian authorities and the Community (accompanied by invoice as proof)."

shall be suspended.

III. All the other provisions of the arrangement shall remain unchanged.

I should be grateful if you would confirm that you are in agreement with the contents of this letter.'

I have the honour to confirm that my Government is in agreement with the contents of your letter.

Please accept, Sir, the assurance of my highest consideration.

For the Republic of Austria // // - Other cheeses (2) // 200 tonnes // full levy

(1) Up to 25 % of the quantities allocated for these categories of cheeses are interchangeable. (2) These cheeses do ECU/100 kg

(1) Up to 25 % of the quantities allocated for these