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AGREEMENT

between the European Economic Community and Spain comprising agreed minutes and a temporary agreement on concerted disciplines concerning imports of cheese into Spain

Agreed Minutes

1. At the consultations held under Article XIX of the General Agreement on tariffs and trade (GATT), the European Economic Community and Spain agreed on the following temporary measures supplementing the Agreement of 5 June 1970 with regard to the arrangements governing imports of cheese into Spain.

2. Imports of cheese into Spain shall be subject to the following duties and charges:

(a) Bound customs duties (30 or 45 % as appropriate).

(b) Variable regulatory duty, representing the difference between:

- the entry price fixed for the protection of Spanish stock-farming and industry on the basis of measures taken in respect of the organization of Spain's domestic market in milk and milk products,

- 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.

3. 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.

4. Both Parties reserve the rights which they possessed at the opening of the consultations.

Done at Geneva, . . .

1.2 // For the Spanish delegation // For the delegation of the Commission of the European Communities

Temporary agreement of concerted disciplines concerning imports of cheese into Spain

1. In accordance with the General Agreement on tariffs and trade (GATT) and pursuant to the Agreement concluded today, and in particular the provisions laid down in paragraph 3 thereof, the European Economic Community and Spain have agreed on the following provisions.

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 only for 1982.

3. In order fully to attain the objective of the Agreement of 5 June 1970, the European Economic Community and Spain have agreed to establish annual quantities of imports of cheese into Spain from the Community which, in 1982, shall be used for the granting of import authorizations on an orderly and regular basis by the Spanish authorities.

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 quantitative and qualitative trend of cheese consumption in Spain, the annual quantities set for imports from the European Economic Community.

The quantities for 1982 are given in the Annex to this Agreement.

4. It shall be the responsibility of the Spanish authorities to establish a procedure for granting the import authorizations referred to in paragraph 3 which will take into account the need to ensure the orderly and regular marketing of import flows.

This procedure shall be notified to the competent authorities of the Community and to exporters and/or importers.

5. Where the Spanish authorities ascertain that, for a consignment of cheese, the free-at-frontier price fixed has not been 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 of these measures, which will apply to the operation in question, will depend on the gravity of the disturbance caused.

The Spanish authorities will inform the Community authorities immediately of the measures taken and may request action by the Community to remedy the situation.

6. For the purpose of monitoring and ensuring the proper implementation of this Agreement, a Joint Committee shall be set up whose members will be designated by the respective authorities of each of the Parties. The Joint Committee 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.

7. In order to ensure continuous cooperation in the day-to-day administration of export and import operations, the Spanish and Community authorities shall each appoint an official delegate, who, in the case of Spain, will be an official of the Ministry for Economy and Trade. The official delegates will keep each other informed of the development of trade as regards prices and the quantities marketed; they will take or propose, by virtue of powers delegated by the Joint Committee, the necessary corrective administrative measures, it being understood that they will inform the Committee thereof.

8. Any problems arising in 1982 with regard to the maintenance of a constant flow of trade will be discussed in the Joint Committee.

9. In the second half of 1982 the Joint Committee will meet to decide whether and under what conditions this Agreement should be extended.

Done at Geneva, . . .

1.2 // For the Spanish delegation // For the delegation of the Commission of the European Communities ANNEX

Quantities of imports of cheese into Spain from the Community in 1982

1.2.3 // // // (tonnes) // A. // Emmentaler (whole or in pieces) // 1 150 // B. // Blue-veined cheese: // // // - Roquefort // 55 // // - Other // 1 600 // C. // Processed cheese // 460 // D. // Asiago, Provolone, Grana Padano, Parmigiano Reggiano // 165 // E. // Cheddar // 100 // F. // Gouda, Edam (round) // 3 350 // G. // Havarti 60 % // 1 110 // H. // Saint-Nectaire, Saint-Paulin, Taleggio // 130 // I. // Soft cheese // 510 // J. // Other cheeses, excluding Edam, in rectangular shape and in loaf shape other than of a net weight of 2 kg or more and 5 kg or less // 920 // // // // // Total // 9 550