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AGREEMENT

in the form of an exchange of letters amending the Temporary Arrangement for a concerted discipline between the European Economic Community and the Republic of Austria concerning reciprocal trade in cheese

Letter No 1

Sir,

I have the honour to refer to the Temporary Arrangement for a concerted discipline between the Republic of Austria and the European Economic Community concerning reciprocal trade in cheese, signed in Brussels on 21 October 1981 and last amended by the exchange of letters of 23 March 1983,

I. At the latest consultations held under paragraph 6 of the Arrangement it was considered desirable to change some of the Arrangement's provisions in order to bring it more closely into line with the actual market requirements. Thus, it was thought necessary to extend the Temporary Arrangement for one year beyond the period originally laid down.

However, the two parties hope that as a result of this amendment the Arrangement can subsequently be extended for an unlimited period.

II. By common accord, the Temporary Arrangement for a concerted discipline between the Republic of Austria and the European Economic Community concerning reciprocal trade in cheese is hereby amended as follows:

1. The date '31 December 1984' in Article II (1) should be replaced by the date '31 December 1985'.

Should either side's trade not reach the levels indicated in the Arrangement, prompt consultations will be held at the request of one of the two parties with a view to finding a mutually acceptable solution.

If an acceptable solution cannot be found during these consultations, each party shall have the right to terminate this agreement on three months' notice.

2. Article II (3) is replaced by the following:

'3. They agree that, for the period 1 January 1984 to 31 December 1985, for the cheeses listed below, the quantities traded each year and the import duties to be levied on importation may not exceed the following levels:

(a) on importation into Austria

(i) Cheese manufactured from cow's milk, falling within subheading 04.04 A of the Austrian Customs Tariff, originating in and coming from the Community, and accompanied by an approved certificate of quality and origin:

1.2.3 // // Quantity // Import duty // - Processed cheese // 2 000 tonnes // S 760/100 kg // - Blue-veined cheese // // S 560/100 kg // - Danbo, Edam, Elbo, Fynbo, Fontal, Gouda, Havarti, Molbo, Maribo, Mimolette, Samsoe, Tybo // // S 560/100 kg // - Tilsit // // S 460/100 kg // - Emmentaler, Gruyère // 3 000 tonnes // S 460/100 kg // - Butterkaese, Esrom, Italico, Kernheim, Saint-Nectaire, Saint-Paulin, Taleggio, Cheddar, and other cheeses not included in the above of a water content of the non-fatty matter not exceeding 62 %, with the exception of those falling within taiff subheadings 04.04 A I a), b) and c) of the Austrian Customs Tariff // // S 560/100 kg

(ii) The cheeses mentioned in point (i), of Community origin, may not be imported into Austria unless accompanied by the certificate referred to in point (i). (b) on importation into the Community

Cheese falling within Common Customs Tariff heading No 04.04 originating in and coming from Austria, accompanied by an approved certificate:

1.2.3 // // Quantity // Import duty // - Emmentaler, Gruyère, Sbrinz, Bergkaese, not grated or powdered, of a minimum fat content of 45 % by weight, in the dry matter, matured for at least three months, falling within subheading 04.04 A of the Common Customs Tariff: // // // - whole cheeses // 5 000 tonnes (1) // 18,13 ECU/100 kg // - pieces packed in vacuum or in inert gas with rind on at least one side, of a net weight of not less than 1 kg but less than 5 kg // 3 000 tonnes (1) // 18,13 ECU/100 kg // - Processed cheese, not grated or powdered, in the blending of which only Emmentaler, Gruyère and Appenzell have been used and which may contain, as an addition, Glaris herb cheese (known as Schabziger), put up for retail sale, of a fat content, by weight, in the dry matter, not exceeding 56 %, falling within subheading 04.04 D of the Common Customs Tariff // 3 750 tonnes // 36,27 ECU/100 kg // - Smoked processed cheese, of a fat content, by weight, in the dry matter, of not less than 40 % but not exceeding 48 %, falling within subheading 04.04 D 1 a) of the Common Customs Tariff (2) // 350 tonnes // Full levy // - Unpressed Tilsit, matured for not less than one month, and Butterkaese, falling within subheading 04.04 E I b) 2 of the Common Customs Tariff // // // - Blue-veined cheese falling within subheading 04.04 C of the Common Customs Tariff // // // - Whole Edam cheeses, of a fat content, by weight in the dry matter, of not less than 40 % and less than 48 %, of a net weight not exceeding 350 g "Geheimratskaese", falling within subheading 04.04 E I b) 2 of the Common Customs Tariff // 2 400 tonnes // 55 ECU/100 kg // - "Feta" and "Kefalo-Tyro" cheeses, made from cow's milk, of a fat content, by weight, in the dry matter, of less than 48 % falling within subheading 04.04 E I b) 2 of the Common Customs Tariff // // // - Other cheeses (2) // 200 tonnes // Full levy

(1) Up to 25 % of the quantities allocated for these categories of cheeses are interchangeable.

(2) These cheeses do not have to be accompanied by an approved certificate.' 3. Article II (4) is replaced by the following:

'4. Austria undertakes to take the necessary measures to ensure that:

- the agreed quantities, both Austrian imports from the Community (see 3 (a)) and Austrian imports into the Community (see 3 (b)) are not exceeded,

- Austrian import licences are issued on a regular basis, making it possible for the agreed quantities to be imported into Austria from the Community.

The measures relating to this question, such as details on the distribution of licences, will be brought to the knowledge of the Community's competent authorities as well as the exporters and/or importers.

The Community and Austria will make sure that the mutually agreed advantages are not impaired by any other import measures.'

4. The period 'first semester of 1984' in Article II (9) shall be replaced by the 'second quarter of 1985'.

III. All the other provisions of the Arrangements shall remain unchanged.

I should be grateful if you would confirm that you are in agreement with the content of this letter.

Please accept, Your Excellency, the assurance of my highest consideration.

On behalf of the

Council of the European Communities

Letter No 2

Sir,

I have the honour to acknowledge receipt of your letter of today's date concerning the amendment of the Temporary Arrangement for a concerted discipline between the European Economic Community and the Republic of Austria concerning reciprocal trade in cheese.

I am able to confirm the agreement of my Government to the content of your letter.

Please accept, Sir, the assurance of my highest consideration.

For the Government

of the Republic of Austria