CELEX: 51980PC0919
Language: en
Date: 1981-01-20 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION concerning the conclusion of the temporary agreement on concerted disciplines between Spain and the European Economic Community on cheese imports into Spain (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 919
Vol. 1980/0288
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(80)919 final
                                               Brussels , 20 January 1981
                                  f:r - :
                            RECOMMENDATION FOR A
                              COUNCIL DECISION
    concerning the conclusion of the temporary agreement on concerted
    disciplines between Spain and the European Economic Community on
    cheese imports into Spain
                 ( submitted to the Council by the Commission )
 C0MC80 ) 919 final
 ---pagebreak---                        EXPLANATORY MEMORANDUM
Following the adoption by Spain , under Article XIX of the GATT , of
protective measures with regard to cheese imports , consultations were
held by the Community with that country , and a satisfactory agreement
has been reached on the minimum annual quantities of cheese to be
imported into Spain from the Community in 1980 and 1 98 1 .
 ---pagebreak---            CONCL USION OF AM AGREEMENT RESULTING FROM TFE CONSULTATIONS
              HELD BETWEEN THE COMMUNITY AMD SPAIN CONCERNING CHEFSE
                           UNDER ARTICLE XIX OF THE GATT
                 ( Communication from the Commission to the Council )
  –                                                                    T.,-»;,. .
The Commission hereby forwards to the Council :
    - a report on the outcome of the consultations held under Article XIX of
      the GATT between the Community and Spain concerning the protective
      measures taken by Spain with regard to cheese imports ( Annex I );
    - a draft agreement , with annexes , negotiated between Spain and the
      Community under Article XIX of the GATT , comprising agreed minutes and a
      temporary agreement on concerted disciplines ( Annex III ).
On 9 July the Article 113 Committee , meeting in Geneva , delivered a favourable
opinion on the outcome of the above-mentioned negotiations .
The Commission recommends that the Council approve the agreement and its
annexes , which have been initialled with Spain ( Annex III ).
To this end the Commissiori , hereby submits a draft . decision concluding the
agreement ( Annex II ).
 ---pagebreak---                                                      ANNEX I
                                         REPORT
             ON THE CONSULTATIONS HELD BETWEEN - THE COMMUNITY AND SPAIN ,
                  CONCERNING CHEESE UNDER ARTICLE XIX OF THE GATT
1 . On 7 May Spain took protective measures under Article XIX of the GATT with
regard to cheese imports and, suspended the issue of import licences for most
types of cheese coming under heading OU.O'4 of the Spanish Customs Tariff .
                            >
P. At the request of the Community , formal consultations under Article" XIX of
the GATT were opened on 16 May . Since then there has been a series of
consultations with the Spanish authorities and members of the Article 113
Committee who did not attend were kept regularly informed by the Commission .
3 . At the consultations a temporary solution was sought which would enable the
Spanish . to cope with their difficulties while at the same time ensuring that
             /                  .
Community goods could still be exported at equitable prices , under proper
conditions and at a reasonable quantitative level . The solution finally
                *
adopted at the consultations amounts to a temporary adaptation of the 1970
Agreement (which was based entirely on a price-observance mechanism )
consisting of the introduction of a system of concerted disciplines based
mainly on :
    -  the setting-up of a Joint Committee to administer the Agreement and
          \
       ensure that its provisions are complied with ( particularly those on
       minimum prices , possibilities of increasing imports , adjustment of the
 H     quality breakdown , etc .); . / .
    -  the establishment of annual quantities for cheese imports into Spain
       from the Community .
The quantities for which the Spanish authorities undertake to grant import
authorizations on an orderly and regular basis were fixed by mutual agreement
at 7 994 tonnes for 1980 and 8 39 *» tonnes for 19fl1 . It should be pointed out
 ---pagebreak---                                                      Α.ΝΊΕΧ I (2)
here that at the beginning of the consultations the Spanish authorities were
applying an arrangement involving a quantity of 6 200 tonnes .
                                                         *
    Hence , the Article 1 "R Committee , meeting in Geneva on 9 July , delivered an
opinion in favour of concluding the consultations on this basis .
5 . The documents recording the outcome of the consultations were initialled on
9 July .
 ---pagebreak---                                                     ANNEX II
                        RECOMMENDATION FOR A COUNCIL DECISION
                                                I      *
concerning the conclusion of the temporary agreement on concerted disciplines
between Sp^in and the European Economic Community on cheese imports into Spain
THE COUNCIL OF THE EUROPEAN COMMUNITIES :            '                        .
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 113 thereof ,
Having regard to the Recommendation from the Commission ,
Vfhereas Spain , invoking Article YIX of the General Agreement on Tariffs and
Trade , has taken protective measures against imports of cheese for which the
European Economic Community is the main supplier ;
                                                             /
Whereas the Commission has entered into negotiations with Spain und&r Article
XIX of the GATT ; whereas it has reached an agreement with that country ;
whereas that agreement has proved to be satisfactory ,
HAS DECIDED AS F0LL0V7S :
                                      Article 1
The agreement between the European Economic Community and Spain -esulting from
the negotiations under Article XIX of the GATT on imports of cheese into
Spain , j comprising agreed minutes and a temporary agreement on concerted
disciplines , is hereby approved on behalf of the Community .
The text of the agreement is annexed to this decision .                    "
 ---pagebreak---                                                   ANNEX II (?)
                                    Article ?
The President of the Council is hereby authorized to designate the person
empowered to sign the agreement .in order to bind the Community .
Done at Brussels ,                                For the Council
                                                  The President
 ---pagebreak---                                                                    ANNEX III (1)
                                AGREED MINUTES
                OUTCOME OF THE CONSULTATIONS HELD. UNDER ARTICLE IX
                OF THE 6ATT BETWEEN SPAIN AND THE EUROPEAN ECONOMIC
                             COMMUNITY CONCERNING CHEESE
  At the consultations held under Article XIX of the General Agreement , Spain
  and the European Economic Community agreed on the following provisional measures
                                     \                  r
  supplementing the Agreement of 5 June 1970 with regard to the arrangements
  governing imports of cheeife into Spain .
  Imports of cheese into Spain shall be subject to the following duties and charges :
  ( a ) Bound customs duties ( 30% or 45% as apprcriate );
  ( b ) Variable regulatory duty , representing the difference beetween :
        b.1 . the entry price fixed for the protection of Spanish stock-farming and
                                                                                       r.
              industry on the basis of measures taken in respect of the organization
              of Spain 's domestic mark.at in milk and milk products ;
        b.2 . the most favourable rate on the international market on a free - at - Spanish
       * ,    frontier basis , plus the bound customs duty and the various costs borne
              in Spain in connection with customs clearance of imported cheese .
  Spain and its main cheese suppliers can agree , however , on special import
  terms based on a system of concerted disciplines and joint responsibility for
  management , ensuring that trade is carried on at equitable prices , under proper
  and fair conditions and at a quantitative level which takes account of past
• trends representing reasonable growth .
 ---pagebreak---                                  - 2 -
                                                                   ANNEX III ( 2)
4 . Both parties reserve the rights which they possessed at the opening of the
    consultations which resulted in this Agreement of 9 July 1980 .
                          Geneva , 9 July 1980 .
For t&e Spanish Delegation                         .  For the Delegation of the
                                                      Commission of the European
                                                      Commun iti es .
                   Λ
                                                                              ê
 ---pagebreak---                                                                    ANNEX I i I (3)
TEMPORARY AGREEMENT ON CONCERTED DISCIPLINES BETWEEN SPAIN AND THE EUROPEAN
COMMUNITY CONCERNING IMPORTS OF CHEESE INTO SPAIN
1 . In accordance with the provisions of the General Agreement and pursuant to
                                                                                     I
    the Agreement on cheese concluded on 9 July 1980 between Spain and the           ;
    European Economic Community , and in 'particular the provisions taid down        j
    in paragraph 3 thereof , Spain and the European Economic Community have          !
    agreed on the following provisions .
                                                    ι
2 . The objective of the Agreement of 5 June 1970 , the undertakings given therein
    and the subsequent adaptations to it agreed by means of minutes shall remain
    in full force , subject to the following temporary adaptations , which are
    applicable for 1980 and 1981 .                                                 v
3 . In order fully to attain the objective of the Agreement of 5 June 1970 , Spain
  , and the European Economic Community have agreed to establish annual quantities
    of imports of cheese into Spainfrom the European Community which , in 1980 and
    1981 , shall be used for the granting of import authorizations on an orderly
    and regular basis by the Spanish iauthorities .
    In the light of the experience acquired during the application of this
    Agreement , the two parties may consult each other with a view to modifying
    by reference to the quaptitative and qualitative trend of cheese consumption
    in Spain , the annual quantities set for imports from the European Economic        ;
    Community .   '
    The quantities for 1980 and 1981 are given in the Annex to this Agreement .
4 . It shall be the responsibi lity of the Spanish authorities to establish a
    procedure for granting the import authorizations referred to in paragraph 3
    of the Agreement which will take into account the need to ensure the orderly
          1
    and regular marketing of import flows .
 ---pagebreak--- This procedure shall be notified to the competent authorities cf the
Community ana to exporters and / or importers .
Where the Spanish authorities ascertain that for a consignment of cheese
the free - at - f ront ier price fixed has not bc-en observed or where they suspect
an operator of unfair commercial practice , they can take the necessary
measures to remedy the situation .       The nature , extent and duration o * thsse
measures , which will apply to the operation in question , will depend on the
gravity of the disturbance caused by the type of import concerned .
The Spanish authorities will inform this Community authorities immediately
of the measures taken and may request action by the Community to remedy the
situation .
For the purpose of monitoring and ensuring the proper implementation of this
Agreement , a Joint Committee shall, set up whose members will, be designated
by the respective authorities of each of the parties .
                            1
                                                              The Joint Committee .V
shall provide information on , propose and take decisions on any measures
in all the spheres covered by the Agreement subject to the referral of such
measures to the respective authorities .       It shall meet at the request of
either of the parties .
In order to ensure continuous cooperation in the day- to- day administration
of export and import operations , the Spanish and Community authorities shall
each sppcint an^official delegate , who , in the case of Spain , will be an
official of the Ministry of Trade and Tourism ,        The official delegates will
keep each other informed of the develoonent of trade as regards pr ices and the
quantities marketed ; they will take or propose , by virtue of power ? delegated
by the Joint Committee , the necessary corrective administrative measures , it
being understood that they will inform the Committee thereof .
 ---pagebreak---                                                                                A
                                 - 3 -                         ANNEX III  (5)
8 . Any problems arising in 1980 with regard to the maintenance of a constant
    flow of trade will be discussed in the Joint Committee .
9 . In the second half of 1981 the Joint Committee will meet to decide whether
    and under what conditions this Agreement should be extended for one year .
                       Geneva , 9 July 1980 .
For the Spanish Delegation                           For the Delegation
                                                     of the Commission of the
                                                     European Communities .
                          i
/
 ---pagebreak---                                                                  ANNEX II I Co )
                                ANNEX
ANNUAL QUANTITIES Or IMPORTS OF CHEESE INTO SPAIN FROM THE COMMUNITY
                                                            Tonnes
                                                     1980              1931
A. Emmentaler - whole or in pieces .                  800               840
B. Blue-veined chesse     :
    - Roquefort                                        44                46
    - Other                                          1300              1365
C.  Processed chesse                                  400               420
D. Asiago , Provolone , Grana-padano ,
    Parmigiano Reggiano                               150               158
E.  Chedaar                                           100               105
F. Gouda , Edam ( round )                            3000              3150
6 . Havarti 60%             ...                      1400              1470
H. Saint-Nectaire , Saint-Paulin ,
    Taleggio                                          100               105
I. SoTt cheese                                        400               42C
J. Other chesses                                      300               315
TOTAL                                               7.994             8.394
 ---pagebreak---                                                                                               /V
Delegation of the Commission                                                   ANNcX III C7 )
of the European Communities
                                                         Geneva , 9 July 1980
          Sir , .
          In the consultations held between our Delegations on the arrangements governing
          imports into Spain of Community cheeses , I informed you of the Community 's
          serious misgivings as regards the quantities which could be reserved for other
          countries supplying the Sap'nish market .
          I noted the indertaking by your Delegation to inform the Community of the
          content of any agreement which Spain were to conclude with these other countries .
          I therefore confirm :
          - that the Community will noy give its final agreement to the minutes initialled
            on this day an Geneva until it has been able to judge whether the share reserved
            for it on Spain 's market , as a proprotion of total imports from all sources ,
            is in accordance with its expectations ;                                ,
          - that the Community can accept the provisional entry into force of the Agreement .
                                          . t
          I should be grateful if you would acknoledge receipt of this letter and communi­
          cate it to your authorities .                               -                       -'
               ».                     »                                 -    '
                        \           '                         '
          Please accept / Sir , the assurance of my highest consideration .
                                                                Head of the Delegation
                                ■ '                             of the Commission of the
                                                                European Communities .
          Don Francisco Botella
          Head of the Spanish Delegation .
 ---pagebreak---                                                                                                r
Spanish Delegation
                                                                                ANNEX III CP )
                                                        Geneva ,, 9 July , 1980
         Sir ,
         I have the honour to acknowledge receipt of your letter , the content of which
         is as follows   :
         " Sir-
           In the consultations held between our Delegations on the arrangements governing
           import into Spain of Community cheeses , I informed you of the Community 's serious
           misgivings as regards the quantities which could be reserved for other countries
           supplying the Spanish matfket .
           I noted the undertaking by your Delegation to inform the Community of the
           content of any agreement which Spain were to conclude with these other countries .
           I therefore confirm :
          - that the Community will not give its final agreement to the minutes initialled
             on this day in Geneva until it has been able to judge whether the share
             reserved for it on Spain 's market , as a proportion of total imports from all
             sources , is in accordance with what its expectations ;
         - that the Community can accept the provisional entry into force of the Agreement .
         I should be grateful if you would acknowledge receipt of this letter and communi­
         cate it to your authorities .
         Please accept , Sir , the assurance of my highest consideration ".
         Please accept , Sir , the assurance of my highest consideration .
                                                          Head of the Spanish Delegation .
Mr Michel-Jean Jacquot
Head of the Delegation of the
Commission of the European Communities .
 ---pagebreak--- Legation of the Commission                                                  ANNEX III (9)
kf the European Communities .
                                                       Geneva , 9 July 1980
          Sir ,                                             '     ■ ~
          In the consultations held between Spain and the Community under Article XIX of the
          General Agreement , Spain raised the question of imports into the Community of
          ch-eese of Spanish origin known as " queso de mezola ".
          I confirm that , as soon as the Spanish authorities have given the Community
          authorities an exact and detailed definition of this type of cheese , discussions
          will be initiated between our two delegations in order to establish import
          arrangements in the Community for this cheese from Spain .
          I should be grateful if you would acknowledge receipt of this letter and communi­
          cate it . to your authorities .
                     (
          Please accept , Sir , the assurance of my highest consideration .
                                                <
                                                        Head of the Delegation of the
                                                        Commission of the European Communities
          Don Francisco Botella
          Head of the Spanish Delegation .
 ---pagebreak--- Spanish Delegation
                                                                        A NNEX I T I ( 1Q )
                                                           Geneva , 9 July 1930
         Sir ,
         I have the honour to acknoledge receipt of your letter , the content of which
         is as follows  :            ,
          Sir ,
           In the consultations held between Spain and the Community under Article XIX
          of the General Agreement , Spain raised the question of imports into the
          Community of cheese of Spanish origin known as " queso de me^ola ".
           I confirm that , as soon as the Spanish authorities have given the Community
          authorities an exact and detailed definition of this type of cheese ,, discussions
          will be initiated betwwen put two delegations in order to establish import
          arrangements in the Community for this cheese from Spain .
          I shouid be grateful if you would acknowledge receipt of this letter and conmuni-
           cate it to your authorities .
          Please accept , Sir , the assurance of my highest consideration ".
         Please accept , Sir , the assurance of my highest consideration .
                                                           Head of the Sapnish Delegation .
 Mr Michel-Jean JACQUOT
 Head of the Delegation of the
 Commission of the European Communities .