GENERAL AGREEMENT ON TARIFFS AND TRADE. Original: Spanish. Consultations between Spain and the European Communities

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GENERAL AGREEMENT ON TARIFFS AND TRADE RESTRICTED L/3407/Add. Limited Distribution Original: Spanish ARTICLE XIX - ACTION BY SPAIN Cheese Consultations between Spain and the European Communities Addendum The delegations of Spain and the Commission of the European Communities had notified the secretariat in a joint communication dated 22 June 970 (see L/3407) that they had held consultations concerning the Article XIX action by Spain with regard to cheese (tariff item 04.04), which had been notified in document L/2670. The permanent representative of Spain has sent the secretariat the following communication dated 5 March 972 concerning the temporary suspension of the cheese imports which were the subject of the above-mentioned consultations. I have the honour to inform you that owing to the increase in the price of the various cost components of cheese production the Spanish Government has found itself compelled to authorize an increase in the domestic price at which manufacturers sell this product to retailers. This increase will necessarily be reflected in the threshold price applicable on importation into Spain of certain types of cheese, since the national. cheese industry would otherwise be at a disadvantage owing to competition by the principal supplying countries. Spain has therefore recently initiated negotiations with the European Economic Community, which is the principal supplier of the Spanish market, in order to make appropriate amendments to the Agreement of 5 June 970, the text of which is reproduced in document L/3647. When these developments came to the notice of Spanish importers, a substantial increase occurred, which one can term speculative, in. the number of import declarations submitted; if these imports took place immediately, serious injury would certainly be caused to the national cheese industry, because the domestic market would be disorganized and its equilibrium upset. In the circumstances, the Spanish Government might have chosen to suspend imports of cheese until a compromise had been reached with the countries with which Spain has concluded agreements regarding the threshold price applicable to imports of cheeses.

L/3407/Add. Page 2 However, in order to maintain the smoothest possible flow of deliveries and also to avoid a speculative price movement in the Spanish market at a time when supplies in that market are scarce, it has been deemed preferable to increase the regulating duties in force for certain types of cheese by a percentage which will in principle bring prices to the new threshold level to be fixed during the consultations which will be held with supplying countries. In taking the emergency action provided for in Article XIX of the General Agreement on Tariffs and Trade, my Government would point out that this action is temporary, since the regulating duties recently introduced will be brought into line with the duties to be fixed in the consultations with the principal supplying countries regarding the new threshold prices. I am enclosing a photocopy of the Order of 9 March 972, published in the Boletín Oficial del Estado of March 972, which lists the new regulating duties applicable to imports of certain types of cheeses into Spain. The Spanish Government is prepared to enter into consultation. with. contracting parties having a substantial interest in this matter. The text will be found in the Annex.

L/3407/Add. Page 3 Annex ORDER OF 9 MARCH 972 FIXING THE REGULATING DUTY ON IMPORTS OF PRODUCTS SUBJECT TO THIS REGIME In pursuance of Article 4, paragraph 2, of the Ministerial Order of 3 October 963, This Ministry has decided:. The regulating duty on imports into of the products listed below shall be as the Peninsula.and tile Balearic Islands follows: Product Tariff Item Pesetas -No.; per 00 kgs. Cheese and curd: Emmenthaler, Gruyère, Sbrinz, Bergkäse and Appenzell, in loaves,with a minimum fat content of 40 per cent and of a c.i.f. value of 7,460 pesetas or more per 00 kgs., fulfilling the conditions stipulated in Note -do-: of a c.i.f. value of 8,553 pesetas or more per 00 kgs., fulfilling the conditions stipulated in Note... Emmenthaler, Gruyère, Sbrinz, Bergkäse and Appenzell, in packaged pieces, of a weight exceeding kg. and of a c.f. value of 8,366 pesetas or imore per 00 kgs., fulfiliing the conditions stipulated in Note... -do-: of a c.i.f. value of 9,458 pesetas or more per 00 kgs., fulfilling the conditions stipulated in Note... Emmenthaler, Gruyere, Sbrinz Bergkäse and Appenzell in packaged pieces, of a weight of not more than kg. but more than 75 grs.,and of a c.i.f value of 8,970 pesetas or more per 00 kgs, in Note.... 04.04 A--a- 04.04 A-a-2 04a04 A-l-b-l 04.04 A-l-b-2 04.04 A-l-c-l

L/3407/Add. Page 4 Product Tariff Item Pesetas No. per 00 kgs. Emmenthaler, Cruyère, Sbrinz, Bergkäse and Appenzell in packaged pieces, of a weight of not more than kg. but more than 75 grs., and of a c.i.i. value of 0,062 pesetas or more Der 00 kgs., in Note...... Emmenthaler, Gruyère, Sbrinz, Bergkäse and Appenzell, other...,... Glaris fulfilling the conditions stipulated in Note 2... Roquefort fulfilling the conditions stipulated in Note 2...,... Gorgonzola, Bleu des Causses, Bleu d'auvergne, Dieu de Bresse, Fourme d'ambert, Saingorlon, Edlelpilzkäse Bleufort, Bleu de Gex Bleu du. Jura and Bleu do Geptmoncel, fulfilling the conditions stipulated in Note 2... Other blue-veined cheeses... Processed Emmenthaler, Gruyère and Appenzell, put up in portions or slices and with a fat content exceeding 40 per cent for all portions or slices, fulfilling the conditions stipulated in Note... -do-: exceeding 40 per cent in respect of 5/éths of the aggregate of Portions or slices fulfilling the conditions stipulated in Note............ -do-: exceeding 48 per cent, fulfilling the conditions stipulated in Note... 04.04 A-l-c-2 04.04 A-2 04.04 B 04.04 C- 04.04 C-2 04.04 C-3 04.04 D-l-a 04.04 D-i-b 04.04 D-l-c 6, 633 3,772. 3,7,72 3,'772

L/3407/Add. Page 5 Product Customs Tariff Pesetas No. per 00 kgs. Processed cheese with a dry-product content of 40 per cent or more-and a fat content not exceeding 4.8 per cent, in Note. -do- exceding 48 per cent, fulfilling th. condition stipulated in Note. -do-:- exceeding 63 per cent, fulfilling the conditions stipulated in Note Other processed cheese... Goat cheese fulfilling: the conditions stipulated in Note....... Parmiggiano, Reggiano, Grana Padano, Pecorino and Fiore Bardo fulfilling the conditions stipulated innote 2.. Other cheeses wiith a feat content not exceeding, 40 per" cent and a water content exceeding 4.7 per cent... Cheddar and Chester, fulfilling the conditions stipulated in Note... Provolone, Asiago, Caciocavallo and Ragusano, fulfilling the conditions stipulated in Note 2... Butterkäse, Cantal, Edem, a Fontal Fontina., Gouda, Italico, Karnhem, Hinilette, St. Rectairoe St. Paulin and Tilsit, fulfilling the conditions stipulated in Note... Camember, Brie, Taleggie, etc. with a fat content not exceeding, 40 per cent and a water content exceeding 47 per cent; but not exceeding 72per cent, in Note....,.. 04.04 D-2-b 04.04. D-2,-b 04. 04 04.0.4 D-2~-C D-3 04.04.. 04.04 CGl-a-l 04.04 G--a-2 04.0. G-l-b-l 04.04 G-l-b-2 04. 04 G-l-b-3 04. 04. G--b-4/ 3,772 3,772 3,772 3,902 00 00 8,7.

L/3407/Add. Page 6 Product Customs No. Tariff Pesetas per 00 kgs. Other cheeses with a fat content not exceeding 40 per cent and a water content exceeding 47 per cent but not exceeding 72 per cent... 04.04, G--b-5,087 Cheese with a fat content not exceeding. 40 per cent and a water content exceeding 72 per cent, in packagings containing 500 grs. or less, in Note 2........ 04.,04/ G--c-l 4.,83 -do-: in packagings containingnot more than 500 grs.......04.04 0 Other cheese...,.,... 04.OkG-2 0 2. These duties shall be in force from the date of publication of this Order until 6 March 972, p.m. This Departmnt willdetermine in duecourse the amount of regulating, duty -or the subsequent period and the length of that period Madrid, 9 March 972, FONTANA CODINA