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AGREEMENT

between Austria and the European Economic Community concerning certain types of cheese negotiated under Article XXVIII of GATT

1 . At the negotiations conducted under Article XXVIII of the General Agreement for the modification or withdrawal of concessions included in Schedule XXXII _ Austria , Austria and the European Economic Community agreed upon the following :

( a ) the concessions included in Schedule XXXII which fall within heading No 04.04 of the Austrian Customs Tariff shall be replaced by the concessions set out in Annex I ;

( b ) for imports into Austria of cheese of Community origin accompanied by an approved export document , with the exception of cheese falling within subheadings 04.04 A 1 and 04.04 A 2 , the provisions of the Austrian Customs Tariff shall be replaced by the import arrangements set out in Annex II , comprising the import charges and the observance of a system of free-at-frontier prices agreed upon bilaterally ;

( c ) for imports into Austria of cheese of Community origin made from cows milk , falling within subheading 04.04 A of the Austrian Customs Tariff and of a water content calculated on the non-fatty matter exceeding 62 % , with the exception of cheese referred to under ( a ) and ( b ) above , Austria shall apply an import charge of 500 Austrian schillings per 100 kilograms provided that the cheese is accompanied by in approved certificate of quality and origin .

2 . The European Community and Austria agreed , by common accord , to evaluate imports into Austria from the European Economic Community of cheese falling within subheading 04.04 A 3 of the Austrian Customs Tariff , which has been unbound , on the basis of the average imports for 1973 , 1974 and 1975 , with the exception of cheese imported into Austria under inward processing arrangements . These average imports amount to 2 800 tonnes of cheese .

3 . All the provisions contained in this Agreement shall enter into force on the same date .

For the Austrian delegation

For the delegation of the Commission of the European Communities

NEGOTIATIONS UNDER ARTICLE XXVIII

SCHEDULE XXXII _ AUSTRIA

The Austrian delegation and the delegation of the Commission of the European Communities have completed their negotiations under Article XXVIII with a view to the withdrawal by Austria of concessions included in Schedule XXXII , as indicated in the attached table .

For the Austrian delegation

For the delegation of the Commission of the European Communities

ANNEX I

Result of the negotiations with the European Economic Community conducted under Article XXVIII of GATT with a view to the modification or withdrawal of concessions included in Schedule XXXII _ Austria

MODIFICATIONS TO SCHEDULE XXXII _ AUSTRIA

A . Concessions to be withdrawn

Tariff * * Rate of bound

stem * Description of goods * duty

No * * ( Sch/100 kg )

04.04 A * Fine cheeses to table use and cheese in boxes * 560

04.04 * Goods falling within subheading 04.04 A in single pack -

( Note ) * ages containing 1 kg or less are subject to a supplemen -

* tary rate of duty of Sch 200/100 kg

B . Concessions to be modified

* * Rate of bound * Rate of duty

* * duty * to be bound

Tariff * Description of goods

stem No

* * ( Sch/100 kg )

04.04 ex A * Hard cheese :

* " Grana " ( Parmesan and Reggiano ) and

* " Pecorino " , not grated * 200

* Other special cheese :

* " Fontina " and " Provolone " * 500

The above concessions are replaced by the following :

04.04 * Cheese and curd :

A * _ Fine cheeses for table use and cheese

* in boxes :

1 * _ Made from cow's milk :

a * _ Grana , Parmigiano Reggiano * * 200 ( 1 ) ( 2 )

b * _ Asiago , Caciocavallo , Fontina ,

* Provolone * * 500 ( 1 ) ( 2 )

c * _ Brie , Camembert , Cane de l'Est ,

* Coulommiers , Crescenza ,

* Fromage de Bruzelles , Herve ,

* Limburger , Livarot , Maroilles ,

* Mozzarella , Munster , Neuf -

* chatel , Pont-l'Evèque , Reblo -

* chon , Romadour , St-Marcellin ,

* Stracchino * * 500 ( 1 ) ( 1 )

2 * _ Made solely from other milk :

a * _ Pecorino , Fiore sardo , Roquefort * * 200 ( 1 ) ( 2 )

b * _ Other cheeses of a net weight

* not exceeding 300 kg * * 300 ( 1 ) ( 2 )

( 1 ) The mode referring to subheading No 04.04 of the Austrian Customs . Tariff shall not apply to imports from the countries and territories of the Constracting Parties .

( 2 ) Entry under this subheading is subject to conditions to be determined by the competents authorities .

ANNEX II

Agreement on price observance and import arrangements

At the negotiations under Article XXVIII of GATT on the withdrawal of the concessions by Austria for products falling within subheading 04.04 A of the Austrian Customs Tariff , Austria and the European Economic Community agreed upon the following provisions concerning imports from the Community into Austria of processed cheese and other cheese made from cow's milk falling within subheading 04.04 A of the Austrian Customs Tariff :

1 . The objective of this Agreement is to enable cheese of Community origin to be exported at equitable prices and in a reasonable quantity which is comparable with that exported before the unbinding of subheading 04.04 A 3 of the Austrian Customs Tariff ( average for 1973 , 1974 and 1975 ) , without damaging the Austrian market .

2 . Austria undertakes to apply the following import charges to imports of cheese of Community origin accompanied by an approved export document , provided that a free-at-Austrian-frontier price is observed :

_ Sch 760/100 kg for processed cheese and

_ Sch 560/100 kg for other cheese , with the exception of that falling within subheading 04.04 A 1 .

The free-at-Austrian-frontier prices to be observed by the European Economic Community have been fixed by common accord as follows :

* Free-at-Austrian

* frontier price to

Description of goods

* be observed

* ( Sch/100 kg )

1 . Processed cheese of a fat content , by weight , in the dry matter :

a ) Of less than 26 % * 3 705

b ) Of 26 % or more but less than 46 % * 3 940

c ) Of 46 % or more but less than 56 % * 4 038

d ) Of 56 % or more * 4 162

2 . Emmentaler and Gruyère * 3 702

3 . Blue-veined cheese * 3 937

4 . Danbo , Edam , Elbo , Fynoo , Fontal , Gouda , Havarti , Malbo ,

Maribo , Mimolette , Samsoe , Tils * Tybo * 3 417

5 . Butterkase , Esrom , Italico , Kernheim , St-Nectaire , St-Paulin ,

Taleggio * 3 594

6 . Cheddar and other types of cheese not mentioned above * 3 511

3 . The European Economic Community will adopt any provisions necessary for the application of the system of price observance provided for in this Agreement and intends to supervise the free-at-Austrian-frontier prices as closely as possible .

However , slight differences between the prices fixed and the prices actually applied may be recorded . The European Economic Community and Austria have agreed to set up a system of administrative cooperation in order to ensure the smooth application of this Agreement .

4 . If the implementation of these measures indicates that this Agreement is not being attained , both parties undertake to hold consultations in order to examine the situation and adopt appropriate provisions where necessary .

5 . The two parties will also consult each other on any question which may arise in connection with the application of the Agreement or which may result therefrom .

Consultations will be held if , for instance , there is a change in one or more of the components used to calculate the free-at-Austrian-frontier prices . In that event , the purpose of the consultations will be to fix new free-at-Austrian-frontier prices on the basis of the changes . However , no alteration in these prices may be put into force without prior agreement between the two parties .

Both parties undertake to conclude the price review consultations as speedily as possible . Throughout the consultations , the European Economic Community will ensure that speculative sales on the Austrian market are avoided . For its part , Austria will ensure that other supplier countries cannot make speculative sales .

6 . Austria undertakes not to grant more favourable arrangements to other countries .