CELEX: 51982PC0596
Language: en
Date: 1982-09-23 00:00:00
Title: Recommendation for a COUNCIL DECISION concluding an agreement based on negotiations between Norway and the European Economic Community on trade in cheese (submitted to the Council by the Commission)

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COM (82) 596
Vol. 1982/0189
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                          COM(82 ) 596 final
                                          Brussels , 23 September 1982
                        Recommendation for a
                          COUNCIL DECISION
      concluding an agreement based on negotiations between
             Norway and the European Economic Community
                         on trade in cheese
           ( submitted to the Council by the Commission )
 ---pagebreak---            CONCLUSION OF A TEMPORARY ARRANGEMENT BETWEEN
           NORWAY AND THE COMMUNITY ON JOINT DISCIPLINE
           IN THEIR TRADE IN CHEESE
             ( Commission Communication to the Council )
The Commission hereby transmits to the Council :
( a) a report on the outcome of the negotiations between Norway and the
     Community on trade in cheese (Annex A) ;
(b ) a draft agreement comprising agreed minutes , a temporary arrangement
     and an exchange of letters (Annex B ) .
The Commission recommends that the Council approve the agreement , and
accordingly submits herewith a draft decision concluding the
agreement (Annex C ) .
 ---pagebreak---                                                             Annex A page !
                              Report on the
                       NEGOTIATIONS BETWEEN NORWAY
                  AND THE COMMUNITY ON TRADE IN CHEESE
 1 . Following a Norwegian request the Commission , as authorized by the
      Council on 14 December 1980 , opened negotiations with Norway to
      discuss the situation with regard to trade in cheese .
      Both parties expressed dissatisfaction with the situation .    They
      agreed that the existing import arrangements were out of line with
      the current market situation and should be brought into line with
      actual circumstances .   In order to encourage the orderly development
     of trade in this sector , Norway and the Community considered that the
     consumer , in addition to domestically produced cheese , should be
     offered other types and varieties of imported cheese . It was thought
     preferable to adopt a provisional , pragmatic solution , rather than to
     seek a definitive new arrangement which would be difficult to obtain
     in the present economic circumstances .
2.   The result of the negotiations was a three-year temporary arrangement
     providing for the expansion and stabilization of two-way trade at a
     given volume and the establishment and mutual assurance of a satisfactory
     situation of competition based on a new joint discipline clause .
3.   The delegations considered that they had come to a balanced agreement
     satisfactory to both sides .    They initialled the agreed minutes
     (Annex B ) in Geneva on 7 July and undertook to submit them to their
     respective authorities for approval .
4.   At a meeting held in Geneva on the same day , 7 July , the Article 113
     Committee , which was closely involved at all stages of the talks ,
     was in favour of concluding the agreement .
 ---pagebreak---                                                                  Annex B page 1
                              AGREED MINUTES
          Negotiations between the Norwegian and Commission
                     Delegations on trade in cheese
The Norwegian Delegation and the Delegation of the Commission of the
European Communities have reached agreement on the following :
  ( i ) A temporary arrangement between Norway and the European Economic
        Community on joint discipline in their trade in cheese (Annex 1 ).
( ii ) An exchange of letters between the Commission of the European
        Communities and Norway on monetary compensatory amounts (Annex 2 ).
They have agreed to submit the said agreement to their respective
authorities for approval .
Done at Geneva , 7 July 1 982
For the Norwegian Delegation                      For the Delegation of the
                                                  Commission of the European
                                                         Communities
            ( signed )                                     ( signed )
 ---pagebreak---                                                           Annex I page 1
      TEMPORARY ARRANGEMENT BETWEEN NORWAY AND THE EUROPEAN
      ECONOMIC COMMUNITY ON JOINT DISCIPLINE IN THEIR TRADE
                            IN CHEESE
1. Desiring to promote the harmonious development of their trade in
   agricultural products in line with their agricultural policies , the
   European Economic Community and Norway held consultations regarding
   their trade in cheese .
   In the course of these consultations the parties noted that the
   development of their reciprocal import and export trade in cheese had
   not been satisfactory .   In order to encourage the harmonious
   expansion of their trade in this sector , Norway and the Community
   consider that it might be desirable to offer consumers further types
   and varieties of imported cheese in addition to home-produced cheeses .
2. Both parties agreed that in order to achieve this , suitable adjustments
   should be made to their import arrangements .
   In the current state of the cheese market they considered it
   preferable initially to seek a practical temporary solution rather
   than to change the said arrangements definitively .
3. Norway and the Community agreed to conclude a temporary arrangement to
   run from 1 January 1983 to 31 December 1985 , containing the following
   provisions :
   ( a)  trade in cheese between the Community and Norway will be
         organized in three stages from 1 January 1983 to 31 December 1985
         as follows :
 ---pagebreak---                                                                  Annex I page 2
              Ci ) Norv. TSiiian import undertaking
                   Norway shall open an annual quota for imports of cheeses of
                   all t /pes and varieties * of which the Community 's share
                   shall be not less than :
                   1.    1 740 tonnes in 1983
                   2.    1 850 tonnes in 1984
                   3.    1 960 tonnes in 1985 .
            ( ii ) Community import undertaking
                   The Community undertakes , in respect of :
                                                                 2   ...   .  .3
                   ex 04.04 E I b ) 2 whole Jarlsberg cheeses , with rind , of
                                       a minimum fat content of 45% by weight in
                                       the dry matter and of a dry matter content ,
                                       by weight , of not less than 58% , matured
                                       for at least three months ,
                   to open an annual tariff quota of :
                   1 .   1 500 tonnes in 1 983
                   2.    1 600 tonnes in 1984
                   3.    1 700 tonnes in 1985
                   subject to an import duty of 55 ECU per 100 kg .
       (b) Should trade on either side fail to reach these levels the
           transition to the next stage will not take place .
      (c)  Should the levels set for imports into the Community and /or
           Norway be reached during a quota year , the parties shall , at the
           request of either , hold consultations to examine the market
           situation and , if appropriate , to alter by agreement the quantity
           initially set .
'subject to an import duty of Nkr 1.20 per kg .
2
  Bearing a certificate from the Norske Meieriers Salgssentral (Norwegian
  dairy marketing association ).
3
   Whole cheeses , with rind" means whole cheeses weighing from 9 kg to
  10 kg inclusive .
  For the purposes of these provisions , " rind" is defined as follows :
  The rind of such cheeses is the outer layer formed from the cheese itself
  having a distinctly more solid consistency and a distinctly darker colour .
 ---pagebreak---                                                                Annex I page 3
4.    Norway undertakes to take the necessary steps to ensure that :
       ( a) its exports of Jarlsberg cheese to the Community do not exceed
            the agreed levels ( see 3(a) ( ii ));
       (b ) import licences will be issued regularly and in such a way that
            the agreed quantities ( see 3(a) ( i )) can be imported into Norway
            from the Community .
5.    The Community and Norway shall see that the reciprocal concessions are
      not compromised by other import measures .
6.    Norway and the Community undertake to see that the prices charged by
      their respective exporters are not such as to cause problems on the
      market of the importing country .
      In that connection they agree to set up two-way information and
      cooperation machinery along the lines indicated in the annex to this
      Arrangement .
     'If problems arise because of the prices being charged , consultations
     will be held without delay at the request of either party with the aim
      of taking suitable corrective action .
7.   The parties may consult at any time about the operation of this
     Arrangement and if necessary amend it by common accord to take
      account , inter alia , of the trend of market prices , production ,
     marketing and consumption of home-produced and imported cheese .
8.    In order to maintain continuous cooperation in the day- to- day
     management of export and import operations , the authorities of Norway
     and the Community shall each appoint a Delegate .        The Delegates shall
     keep each other notified of the development of trade with regard to
     prices and the level of sales .
9.   Consultations shall take place in the first half of J 985 to decide
     whether and on what terms this Arrangement shall be renewed .
10 . All the provisions of this Arrangement shall come into effect on the
     same day .
 ---pagebreak---                                                                  ANNEX I page 4
                                 ANNEX
In order to ensure that the prices charged by exporters are not such as to
cause problems on the market of the importing country , the following
information and cooperation machinery shall be established .
1.   Norway shall furnish the Commission of the European Communities with
     the following information :
     two weeks before the start of each calendar quarter , a forecast of of
     Norwegian exports tc the Community for the succeeding quarter , giving
     predicted quantities , Norwegian f ree- at- f rontier prices and destinations ;
     three weeks after the close of each calendar quarter , actual Norwegian
     exports to the Community in the preceding quarter , giving quantities
     exported , actual Norwegian free- at - frontier prices and Member States of
     destination .
2.   The Commission shall furnish price quotations quarterly and all other
     relevant particulars of the market in home-produced and imported
     cheeses .
 ---pagebreak---                                                               ANNEX II page 1
Your Excellency ,
I have the honour to confirm that during the negotiations for the temporary
arrangement between Norway and the European Economic Community on joint
discipline in their trade in cheese it was agreed that no monetary
compensatory amount would be applied to imports into the Community of
Jarlsberg cheese from Norway for the lifetime of the said arrangement .
However , should the waiving of the monetary compensatory amount lead to the
displacement of traditional trade flows to other Member States , the
Community reserves the right , after consulting with Norway , to introduce
such monetary compensatory amount .
I should be obliged if you would acknowledge receipt of this letter .
         4
Please accept , Your Excellency , the assurance of my highest consideration .
 ---pagebreak---                                                           ANNEX II page 2
Sir ,
I have the honour to acknowledge receipt of your letter dated
which reads as follows :
Please accept , Sir , the assurance of my highest consideration .
 ---pagebreak---                                                       Annex C page 1
               RECOMMENDATION FOR A COUNCIL DECISION
       concluding an agreement based on negotiations between
            Norway and the European Economic Community on trade
                         in cheese
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Communities , and
in particular Article 113 thereof ,
Having regard to the recommendation from the Commission ,
Whereas the Commission , as authorized by the Council on 16 December 1980 ,
has held negotiations with Norway on trade in cheese and has reached a
satisfactory reciprocal agreement with that country ,
HAS DECIDED AS FOLLOWS :
 ---pagebreak---                                                    Annex C page 2
                             Article 1
The agreement between Norway and the European Economic Community comprising
 i.  a temporary arrangement between Norway and the Community on joint
     discipline in their trade in cheese ;
ii . an exchange of letters concerning waiver of the monetary compensatory
     amount on importation into the Community of Jarlsberg cheese ,
is hereby approved on behalf of the Community .
The text of the agreement is annexed to this Decision .
                             Article 2
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