CELEX: 51989PC0219
Language: en
Date: 1989-06-02
Title: PROPOSAL FOR A COUNCIL DECISION on the conclusion of an Agreement in the form of an exchange of letters between the European Economic Community and Austria adapting the Agreement of 20 September 1977 concerning certain types of cheese negotiated under Article XXVIII of GATT (presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (89) 219
Vol. 1989/0075
 ---pagebreak--- Disclaimer
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l'ouverture au public des archives historiques de la Communauté économique européenne et de
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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
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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, S. 1), zuletzt geändert durch die
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 ---pagebreak--- COMMISSION OP THE EUROPEAN COMMUNITIES
                                                    COM ( 89 ) 219   final
                                                    Brussels ,     2   June 1989
                          PROPOSAL FOR A COUNCIL DECISION
on the conclusion of an Agreement In the form of an exchange of letters between
the European Economic Community and Austria adapting the Agreement of 20
September 1977 concerning certain types of cheese negotiated under Article
XXVI I I of GATT
                       ( presented by the Commission )
 ---pagebreak---                                      Explanatory Memorandum
  1 .   The tariff provisions of the EEC-Austrla Agreement of 20 September 1977
        concerning certain types of chesse negotiated under Article XXVIII of
        GATT^were based on the Customs Cooperation Council Nomenclature ( CCCN ),
        which was replaced from 1 January 1988 by the Harmonized Commodity
        Description and Coding System ( HS ). As the Customs Tariff was adapted
        accordingly from 1 January 1988 , It Is necessary to adapt the provisions of
        the above mentioned Agreement to take account of these changes .
  2.    The attached proposal is in accordance with the negotiating directives
        adopted by the Council and has no financial Implications for the Community
1       budget .
  ( 1 ) OJ L 237 , 16.9.1977 , p.1 .
                                                                                     r\
 ---pagebreak---                               PROPOSAL FOR A COUNCIL DECISION
  on the conclusion of an Agreement In the form of an exchange of letters between
  the European Economic Community and Austria adapting the Agreement of 20
  September 1977 concerning certain types of cheese negotiated under Article
  XXVIII   of GATT
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
  Having regard to the Treaty establishing the Europrean Economic Community , and
  In particular Article 113 thereof ,
  Having regard to the proposal from the Commission ,
  Whereas the tariff provisions of the Agreement of 20 September 1977 between
  Austria and the European Economic Community concerning certain types of chesse
  negotiated under Article XXVIII of GATT ^ 1 ) are based on the Customs Cooperation
  Council Nomenclature ( CCCN );
  Whereas the CCCN was replaced from 1 January 1988 by the Harmonized Commodity
  Description and Coding System ( HS);whereas the Austrian Customs Tariff has been
  adapted as a result and It Is therefore also necessary to adapt the Agreement of
  20 September 1977 ;
  Whereas the Commission has conducted negotiations with Austria on this subject
  and has reached an Agreement ,
1 HAS DECIDED AS FOLLOWS :
  ( 1 ) 0J No L 237 , 16.9.1977 , p. 1 .
                                                                                     3
 ---pagebreak---                                       - 2 -
                                    Artlcle 1
The Agreement between the European Economic Community and Austria adapting the
Agreement of 20 September 1977 concerning certain types of cheese negotiated
under Article XXVIII of GATT Is hereby approved on behalf of the Community .
The text of the Agreement Is attached .
                                    Article 2
The President of the Council Is hereby authorized to designate the person
empowered to sign the Agreement for the purpose of binding the Community
Done at Brussels ,                                    For the Councl I
                                                      The President
 ---pagebreak--- Letter    from the Government of Austria
Dear Sir ,
I refer to the Agreement between Austria and the European Economic Commounlty
concerning certain types of cheese negotiated under Article XXVIII of GATT of
20 September 1977 and to the fat that , due to the entry Into force of the
International Convention on the Harmonized Commodity Description and Coding
System , It Is necessary to align the Agreement on the Austrian Customs Tariff
which came Into force on 1 January 1988 .
In this connection I would like to draw your attention to the following :
1 .  The Austrian concessions referred to in paragraph 1(a ) of the Agreement of
     20 September 1977 and set out In Annex IB to the Agreement have as a result
     of the transposition of Austria 's conventional        tariffs under GATT been
     transferred as they stand to heading 04.06 of the new Customs Tariff .         These
     bound tariffs are contained In schedule XXX I l-Austr I a , annexed to the second
     Geneva Protocol ( 1987 ) to GATT ,    in force since 1 January 1988 , under the
     followlng subheadlngs :
     04.06    20  A1a , 04.06 20 A2a , 04.06 20 Bla ,
     04.06    30  B1a ,
     04.06   40   B1a , 04.06 40 B1b , 04.06 40 B2a ,
     04.06   90   A1a , 04.06 90 A1b , 04.06 90 A1c , 04.06 90 A2a , 04.06 90 A2b ,
     04.06   90   A2c ,
     04.06   90   B1a , 04.06 90 B1b and 04.06 90 B2a .
It is still the case that these conventional tariffs apply only on production of
recognized quality and origin certificates .          It would appear unnecessary
therefore to conclude an additional Agreement adapting the previous customs
nomenclature , since the new version of GATT Schedule XXX I l-Austr la fully
safeguards the EEC 's rights under GATT as regards these types of cheese .
2.   The provisions of the arrangement of 31 July 1987 for a concerted discipline
     between Austria and the EEC concerning reciprocal trade In cheese currently
     apply .     In place of the arrangements for particular types of cheese referred
     to In paragraph 1(b ) of , and Annex II to , the Agreement of 20 September
     1977 . The schedules contained In the arrangement of 31 July 1987 , which
     refer to the customs tariff , were changed by Decision No 6/ 88 of the EEC-
     Austrla Joint Committee of 16 December 1988 amending the Agreement between
     the European Economic Community and the Republic of Austria and some other
     Agreements concluded In that context between the European Economic Community
     and the Republic of Austria .
3.   Paragraph 1(c ) of the Agreement of 20 September 1977 Is hereby replaced by
     the following text aligned on the nomenclature of the Harmonized System ,
     while maintaining the contractual provisions concerning trade In cheese with
     the European Economic Community :
     "( c ) for Imports Into Austria ot the following types of cheese of Community
     origin made from cow 's milk , with the exception ot types of cheese covered
     by the Arrangement of 31 July 1987 for a concerted discipline reciprocal
     trade in cheese , Austria shall apply the following Import charges provided
     that the cheese is accompanied by an approved certificate of Quality and
     or Igln :
                                                                                          ς
 ---pagebreak---                                          - 6 -
Headlng / subheadlng       Descr Ipt ion of goods                  Import charge
of the Austrlal            (S per 100 kg )
Customs
04.06 :
ex  10 A 1  b              cheese of a water content
ex  10 A 2 b               calculated on the non-fatty matter
ex 20 A 1   b              exceedlng 62% by weight , Includlng
ex 20 A 1 c                grated of powdered cheese .             500 .-
ex 20 A 2 b
ex 20 A 2 c
ex 90 A 1   d
ex 90 A 1   e
ex 90 A 1   f
ex 90 A 2 d
ex 90 A 2 e
ex 90 A 2 f
4.   This exchange of letters shall come Into force as soon as the Contracting
     Parties have Informed each other of the completion of the necessary
     procedures .  Its material provisions shall apply from 1 January 1988 .
I should be obliged If you would confirm that your Government Is In agreement
with the above .
Please accept , Sir , the assurance of my highest consideration .
For the Government of
the Republie of Austrla
 ---pagebreak---                                             - 7 -
Letter from the Communlty
Dear Sir ,
I have the honour to acknowledge receipt of your letter of today 's date which
reads as follows :
I refer to the Agreement between Austria and the European Economic Commounlty
concerning certain types of cheese negotiated under Article XXVIII of GATT of
20 September 1977 and to the fat that , due to the entry Into force of the
International Convention on the Harmonized Commodity Description and Coding
System , It Is necessary to align the Agreement on the Austrian Customs Tariff
which came Into force on 1 January 1988 .
In this connection I would like to draw your attention to the following :
1 .  The Austrian concessions referred to In paragraph 1(a ) of the Agreement of
     20 September 1977 and set out In Annex IB to the Agreement have as a result
     of the transposition of Austria 's conventional tariffs under GATT been
     transferred as they stand to heading 04.06 of the new Customs Tariff .         These
     bound tariffs are contained In schedule XXXI l-Austr la , annexed to the second
     Geneva Protocol ( 1987 ) to GATT , In force since 1 January 1988 , under the
     fol I ow I ng subhead i ngs :
     04.06   20   A1a , 04.06 20 A2a , 04.06 20 Bla ,
     04.06   30   B1a ,
     04.06   40   B1a , 04.06 40 B1b , 04.06 40 B2a ,
     04.06   90   A1a , 04.06 90 A1b , 04.06 90 A1c , 04.06 90 A2a , 04.06 90 A2b ,
     04.06   90   A2C ,
     04.06 90 B1a , 04.06 90 B1b and 04.06 90 B2a .
It Is still the case that these conventional tariffs apply only on production of
recognized quality and origin certificates .          It would appear unnecessary
therefore to conclude an additional Agreement adapting the previous customs
nomenclature , since the new version of GATT Schedule XXX I l-Austr la fully
safeguards the EEC 's rights under GATT as regards these types of cheese .
2.   The provisions of the arrangement of 31 July 1987 for a concerted discipline
     between Austria and the EEC concerning reciprocal trade In cheese currently
     apply .     In place of the arrangements for particular types of cheese referred
     to In paragraph 1(b ) of , and Annex II to , the Agreement of 20 September
     1977 . The schedules contained in the arrangement of 31 July 1987 , which
     refer to the customs tariff , were changed by Decision No 6/ 88 of the EEC-
     Austrla Joint Committee of 16 December 1988 amending the Agreement between
     the European Economic Community and the Republic of Austria and some other
     Agreements concluded In that context between the European Economic Community
     and the Republic of Austria .
3.   Paragraph 1(c ) of the Agreement of 20 September 1977 Is hereby replaced by
     the following text aligned on the nomenclature of the Harmonized System ,
     while maintaining the contractual provisions concerning trade In cheese with
     the European Economic Community :
     "( c ) for imports Into Austria ot the following types of cheese of Community
     origin made from cow 's milk , with the exception ot types of cheese covered
     by the Arrangement of 31 July 1987 for a concerted discipline reciprocal
     trade In cheese , Austria shall apply the following Import charges provided
     that the cheese Is accompanied by an approved certificate of Quality and
    origin :
                                                                                          1
 ---pagebreak--- Head i ng / subhead I ng       Description of goods                    Import charge
of  the Austr lal                                                      (S per 100 kg )
Customs
04.06 :
ex  10 A 1    b               cheese of a water  content
ex  10 A 2 b                  calculated on the non-fatty matter
ex  20 A 1    b               exceedlng 62% by weight , includlng
ex 20 A 1     c               grated of powdered cheese .              500 .-
ex 20 A 2 b
ex 20 A 2 c
ex 90 A 1     d
ex 90 A 1     e
ex 90 A 1     f
ex 90 A 2 d
ex 90 A 2 e
ex 90 A 2     f
4.   This exchange of letters shall come Into force as soon as the Contracting
     Parties have Informed each other of the completion of the necessary
     procedures .      Its material provisions shall apply from 1 January 1988 .
I should be obliged If you would confirm that your Covernment Is In agreement
with the above .
Please accept , Sir , the assurance of my highest consideration .
                                                   On behalf of the Council of
                                                    the Erupoean Communities
 ---pagebreak---                                                                            V 1 /2467/89        ( PNCG/EN/ 1006 )
I       FINANCIAL                       STATEMENT
                                                                           DATE : 24 January 1989
                                                                         i
                                                                        j
  1 . BUDGET hEAD ING :                                                    APPROPRIATIONS :
  2 . TITLE : Proposal for a Councl I Decision on the conclusion of an Agreement In the form of an exchange of
      letters between the EEC and the Repub I ic of Austria adapting the Agreement between Ajstrla and the EEC
      concerning certain types of cheese negotiated under Article XXVIII of GATT
  3 . LEGAL BASIS : Article 113 of the Treaty
  4 . AIMS OF PROJECT : Al Igmant of the tariff provisions of the above mentioned EEC-Austr la Agreement on the       I
      Nfcmenc I ature of the Harmonized Cormodlty Description and Coding System                                       |
                                                                                                                    j
                                        Period of 12 months ! Current Financial Year      Fol lowing Financial Year    !
  5.   FINANCIAL IMPLICATIONS                                      ( )              !          (   )             !
                                                            1                                                          1
                                                            1                                                          1
                                                            1
  5.0 EXPENDITURE                                           1
       - CHARGED TO THE EC BUDGET                           1
                                                            1
                                                                                                                       1
                                                                                                                       1
       - ( REFUNDS/ INTERVENTION)                           1
                                                            1
                                                                                                                       1
                                                                                                                       1
                                                            1                                                         1
       - NATIONAL ADMINISTRATION                            1                                                          1
                                                            1                                                          1
       - OTHER                                              1                                                          1
                                                            1
  5.1 REVENUE                                               1
                                                            1                                                          !
                                                            1                                                          1
       - OWN RESOURCES OF THE EC                                                                                       1
          ( LEV I ES/CUSTCMS DUTIES )                       1
                                                            1
                                                                                                                      1
                                                                                                                      1
                                                            1                                                         1
       - NATIONAL                                           1                                                         1
                                                            1                                                          1
                                       _____1                                                                         t
                                                            1                                                         1
                                                            1                                                         1
                                                            1                                                         1
                                                            1                                                         1
  5.0.1 ESTIMATED EXPENDITURE
  5.1.1 ESTIMATED REVENUE
                                                                                                                      I
                                                                                                                      I
  5.2 METHOD OF CALCULATION :                                                                                         !
  6.0 CAN THE PROJECT BE FINANCED FRCM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET?
                                                                                                                      I
                                                                                                                      I
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                                                                                                                      I
  6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUD(£T?                                 I
                                                                                                                     I
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                                                                                                                     I
  6.2 IS A SUPPLEMENTARY BUDGET NECESSARY?
                                                                                                                     I
  6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?                                                                I
                                                                                                                     I
                                                                                                                    J
  OBSERVATIONS : As the measure concerns a simple change in tariff nomenclature , It has no financial Impact on
                                                                                                                     I
                  the budget .                                                                                       I
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