CELEX: 31970D0498
Language: en
Date: 1970-10-27 00:00:00
Title: Council Decision of 27 October 1970 on the conclusion of a tariff Agreement in respect of certain cheeses negotiated with Spain during consultations with that country under Article XIX of GATT

Official Journal of the European Communities                               283
1 1.1 1.70                         Official Journal of the European Communities                         No 245/21
                                               COUNCIL DECISION
                                                 of 27 October 1970
            on the conclusion of a tariff Agreement in respect of certain cheeses negotiated with Spain
                         during consultations with that country under Article XIX of GATT
                                                    (70/498/EEC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Economic Community, and in parti­
           cular Article 113 thereof;
           Having regard to the Report from the Commission;
           Whereas Spain, invoking Article XIX of GATT, has made certain cheeses subject to import
           licensing;
           Whereas the modification of the arrangements for importing those products into Spain affects
           the European Economic Community ;
           Whereas the Commission, after consultations with Spain pursuant to Article XIX of
           GATT, has reached a satisfactory agreement with that country,
           HAS DECIDED AS FOLLOWS :
                                                      Article 1
           The tariff Agreement negotiated with Spain under Article XIX of GATT is concluded on
           behalf of the European Community ; the text of that Agreement is annexed to this Decision.
                                                      Article 2
            The conclusion of the Agreement shall be notified to the Contracting Parties to the General
            Agreement on Tariffs and Trade.
            Done at Luxembourg, 27 October 197Q.
                                                                                        For the Council
                                                                                          The President
                                                                                           W. SCHEEL
 ---pagebreak--- 284                               Official Journal of the European Communities
                                                     ANNEX I
                                                   AGREEMENT
                               between Spain and the European Economic Community
    1. After consultations bcld pursuant to Ajticle XIX of the General Agreement on the reintroduction
       by Spain of import licences for certain cheeses, Spain and in the European Economic Community have
       agreed as follows:
    2. Subject to the provisions of paragraph 3:
    (a) The importation into Spain ofthe cheeses listed in Annex I shall be liberalized;
    (b) The import arrangements and nomenclature of products set out in Annexes 1 and 2 shall be sub- -
         stituted for those falling within heading No 04.04 of the Spanish Customs tariff.
    3. Both Parties, conscious of the need to assess in the light of experience the effect of the provisions of
       this Agreement upon trade and upon the balance of the Spanish domestic market for cheese products,
       reserve the rights they held, prior to the consultations mentioned above, under the General Agree­
       ment, and in particular Articles II and XIX thereof.
    4. The provisions set out in Annexes 1 and 2 shall form an integral part ofthis Agreement.
    For the Spanish Delegation                                 For the Delegation ofthe
                                                               Commission ofthe European
                                                               Communities
    Geneva, 5 June 1970
                                                             I
 ---pagebreak---                                              Official Journal of the European Communities                                               285
                                        Arrangements for the importation of certain cheeses into Spain
1 . The provisions of this Annex shall apply to the following cheesses :
                                                                                            Compensating      Customs duty  Threshold
    Spanish                                                                                        duty                        price
    Customs
     Tariff                                     Description
                                                                                              Pesetas per                     Pesetas
      No
                                                                                                 100 kg                      per 100 kg
                                                                                             ( net weight )                ( net weight)
       I                                            2                                               3              4
   04.04        Cheese and curd :
                A. Emmentaler, Gruyère, Sbrinz, Bergkäse and Appenzell :
                    1 . Of a minimum fat content of 45 % by weight, referred to dry
                        matter, matured for at least 3 months and fulfilling the con­
                        ditions stipulated in footnote ('):
                        (a) Whole cheeses of a cif value of:
                             1 . 7 460 pesetas or more but less than 8 553 pesetas per
                                  100 kg net weight                                               100       2 238 ptas/    11 230· 10
                                                                                                            100 kg
                             2. 8 553 pesetas or more per 100 kg net weight                       100       1 800 ptas/    12 014 80
                                                                                                            100 kg
                        (b) Vacuum-packed pieces, with rind on at least one side, of
                             a weight exceeding 1 kg and of a cif value of:
                             1 . 8 366 pesetas or more but less than 9 458 pesetas per
                                 100 kg net weight                                               100 '      2 238 ptas/    12 280· 10
                                                                                                            100 kg
                             2. 9 458 pesetas or more per 100 kg net weight                       100       1 800 ptas/    13 064 80
                                                                                                            100 kg
                        (c) Vacuum-packed pieces, with rind on at least one side, of
                              a weight not exceeding 1 kg but exceeding 75 g, and of a
                             cif value of:
                             1 . 8 970 pesetas or more but less than 10 062 pesetas
                                 per 100 kg net weight                                           100        2 238 ptas/    12 980· 10
                                                                                                            100 kg
                             2. 10 062 pesetas or more per 100 kg net weight                     100        1 800 ptas/    13 764-80
                                                                                                            100 kg
                   2 . Other                                                                 variable          45%         11 230-10
               B. Glarus herb cheese (known as Schabziger), made from skimmed
                   milk and mixed with finely ground herbs, whether or not pow­
                   dered, fulfilling the conditions stipulated in footnote 2                     1             45%            —
               C. Blue-veined cheese :
                   1 . Roquefort, fulfilling the conditions stipulated in footnote (2)           1             45 %           —
                   2. Gorgonzola, Bleu des Causses, Bleu d'Auvergne, Bleu dè
                        Bresse, Fourme d'Ambert, Saingorlon, Edelpilzkäse, Bleu­
                        fort, Bleu de Gex, Bleu du Jura and Bleu de Septmoncel, ful­
                        filling the conditions stipulated in footnote (2)                        1             45%
                   3 . Other                                                                 variable          45 %        12 014-80
 ---pagebreak--- 286                                           Official Journal of the European Communities
                                                                                          Compensating                    Threshold
                                                                                                            Customs duty
                                                                                                 duty                        price
     Spanish
     Customs
      Tariff
                                                   Description                                 Pesetas                       Pesetas
       No                                                                                    per 1 00 kg                   per 100 kg
                                                                                           ( net weight )                ( net weight)
        I                                               2                                          3              4             5
  04.04       D. Processed cheese :
  ( cont'd)
                  1 . fulfilling the conditions stipulated in footnote (') in the blen­
                        ding of which only Emmentaler, Gruyère and Appenzell
                        have been used and which may contain, as an addition, Gla­
                        rus herb cheese ( known as Schabziger), put up in boxes or
                        slices and of a fat content by weight referred to dry matter :
                        ( a) exceeding 40 % but not exceeding 48 % in respect of the
                              aggregate of portions or slices                                    100      2 300 ptas/      11 230 10
                                                                                                          100 kg
                       ( b) exceeding 40 % but not exceeding 48 % in respect of
                              5/6ths of the aggregate of portions or slices, and not
                              exceeding 56 % in respect of the remaining 1 /6th                  100      2 300 ptas/      II 230· 10"
                                                                                                          100 kg
                       (c) exceeding 48 % but not exceeding 56 % in respect of
                             the aggregate of portions or slices                                 100      2 400 ptas/      11 580 10
                                                                                                          100 kg
                2 . Other, fulfilling the conditions stipulated in footnote (') and
                       of a dry product content of 40 % or more by weight and a
                       fat content by weight referred to dry matter :
                      ( a) Not exceeding 48 %                                                    100           45 %        10 530 10
                      ( b) Exceeding 48 % but not exceeding 63 %                                 100           45%         10 880 10
                      (c) Exceeding 63 % but not exceeding 73 %                                  100           45%        JU30 10
                3.    Other                                                                variable            45%        14 000
             E. Curd ( 3)                                                                       100            45%           —
             F. Goats' cheese, fulfilling the conditions stipulated in footnote (2)             100           45%            —
             G. Other :
                1 . Of a fat content by weight not exceeding 40 % and a water
                     content calculated by weight of 'the non-fatty matter :
                     (a) Not exceeding 47 %
                            1 . Parmigiano Reggiano, Grana padano, Pecorino and
                                 Fiore sardo, whether or not grated or powdered, ful­
                                 filling the conditions stipulated in footnote (2)             1              45%
                            2.   Other                                                    variable            45%        12 014 80
                     ( b) exceeding 47 % but not exceeding 72 % :
                            1 . Cheddar, including Chester, fulfilling the conditions
                                 stipulated in footnote (')                                   100             45%        10 964 80H
                                                                                                            5
                            2 . Provolone, Asiago, Caciocavallo and Ragusano, ful­
                                filling the conditions stipulated in footnote (2)             1               45%           —
                           4. Camembert, Brie, Taleggio, Maroilles, Coulommiers,
                                Carré de l' Est , Reblochon, Pont l' Evêque, Neufchatel ,
                                Limburger, Romadour, Herve, Haizer Käse, Fromage
                                de Bruxelles, Stracchino, Crescenza, Robiola , Livarot
                                and Munster, fulfilling the conditions stipulated in
                                footnote ( 2)                                                 1               45%           —
 ---pagebreak---                                                              Official Journal of the European Communities                                                                           287
                                                                                                                         Compensating               Customs duty
                                                                                                                                                                          Threshold
        Spanish                                                                                                                duty                                          price
       Customs
          TarifT                                                   Description                                               Pesetas                                        Pesetas
           No
                                                                                                                            per. 100 kg                                    per 100 kg
                                                                                                                          ( net weight)                                  ( net weight) '
             1                                                          2                                                         3                        4                    5
       04.04                             5.   Other                                                                        variable                   45%                12 014 80
       (cont'd)
                                    (c) exceeding 72 % and in immediate packings of a net
                                         capacity :
                                      1 , not exceeding 500 g, fulfilling the conditions stipu­
                                          lated in footnote (2)                                                                100                    45%                12 014 80
                                     2 , exceeding 500 g                                                                   variable                  45%                 12 014 80
                               2.   Other                                                                                  variable                  45%                 12 014 80
(') Admission under this subheading shall be subject to presentation of a certificate issued by the competent authority of the exporting country, recognized by the Spanish autho­
     rities . The form of the certificate must also have been approved by the Spanish authorities. In the absence of such certificate the goods shall be classified under one of the sub­
     headings : 04.04 A 2, 04.04 D 3 or 04.04 G 1 ( b) 5 , as the case may be .
( 2) Admission under this subheading shall be subject to presentation of a certificate issued by the competent authority of the exporting country, recognized by the Spanish autho­
     rities. The form of the certificate must also have been approved by the Spanish authorities. In the absence of such certificate the goods shall be classified under one of the sub­
     headings : 04.04 C 3 , 04.04 G I ( a) 2, 04.04 G 1 ( b) 5 or 04.04 G 2, as the case may be.
( 3) -Under this subheading shall be included only those products obtained by hot precipitation in an acid medium, of the proteins found in cheese whey, forming a soft paste.
(*) For Cheddar intended for processing, see point 4 of this Annex.
2 . On importation into Spain of cheese falling within subheadings :
          (i) 04.04 A 1
                04.04 D 1
                04.04 D 2
                04.04 G 1 (b) 1
                fulfilling the conditions of footnote (') of point 1 of this Annex,
        (ii) 04.04 B, 04.04 C 1 and C 2
                04.04 F, 04.04 G 1 (a) 1
                04.04 G 1 (b) 2 and (b) 4
                04.04 G 1 (c) 1
                fulfilling the conditions of footnote (2) of point 1 of this Annex,
       ( iii) 04.04 E
                 fulfilling the conditions of footnote ( 3) of point of this Annex , the following charges shall be levied :
                (a) the customs duties shown in column 4,
                (b) a countervailing charge for internal taxes and other charges and expenses,
                (c) the fixed compensating duties shown in column 3 .
3 . On importation into Spain of cheeses falling within subheadings 04.04 A 2 , 04.04 C 3, 04.04 D 3, 04.04 G 1 (a) 2, 04.04 G 1 ( b) 5,
      04.04 G 1 (c) 2 and 04.04 G 2, the following charges shall be levied :
       (a) the customs duties shown in column 4,
       (b) a countervailing charge for internal taxes and other charges and expenses,
      (c) a variable compensating duty obtained by calculating the difference between the following factors :
                ( i) the threshold price shown in column 5,
               (ii) the price of the most favourable offer recorded in international trade to which shall be added the customs duties, the coun­
                     tervailing charge for internal taxes and other charges and expenses mentioned above under (a) and (b). 'Pilot products'
                     may be established in order to ascertain prices in international trade.
4. On importation into Spain of Cheddar falling within subheading 04.04 G 1 ( b) 1 and intended for processing, the threshold price
       applicable shall be 9 800 pesetas/ 100 kg net weight.
 ---pagebreak--- 288                                             Official Journal of the European Communities
                                                                   ANNEX 2
                         Arrangements for the importation into Spain of cheeses falling within subheading 04.04 G 1 (b) 3
 1 . The provisions of this Annex shall apply to the following cheeses :
      04.04 Cheese and curd :
              G. Other :
                 1 . of a fat content by weight not exceeding 40 % and a water content, calculated by weight, of the non-fatty matter :
                     ( b) exceeding 47 % but not exceeding 72 % :
                          3 . Butterkase, Cantal , Edam, Fontal, Fontina, Gouda, Italico, Kernhem, Mimolette, Saint-Nectaire, Saint­
                              Paulin and Tilsit .
2 . Spain shall open an annual , global , import quota of 2 000 metric tons. The allocation of this quota between supplier countries shall
      be made quarterly and on the basis of imports effected into Spain in 1963/64/65, the European Economic Community counting as
     a single entity.
3. On importation of the cheeses listed above, Spain shall apply the following duties and charges :
     (a) customs duties of 45 % ad valorem.
     ( b) a countervailing charge for internal taxes and other charges and expenses.