RESTRICTED L/3407/Add.l GENERAL AGREEMENT ON 28 March 1972 TARIFFS AND TRADE 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 1970 (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 15 March 1972 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 J various cost components of cheese production the Spanish Gove^rnment 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 1970, 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.l Page 2

However, in order to maintain the smoothest possible flow of deliveries and also to avoid a speculative price movemer b 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 aetion 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 1972, published in the Boletin Oficial del Estado of 11 March 1972, 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.

'he text will be found in the Annex. L/3407/Add.l Page 3

Annex ORDER OF 9 MARCH 1972 FIXING THE REGULATING DUTY ON IMPORTS OF PRODUCTS SUBJECT TO THIS REGIME

In pursuance of Article 4, paragraph 2, of the Ministerial Order of 31 October 1963,

This Ministry has decided:

1. The regulating duty on imports into the Peninsula and the Balearic Islands of the products listed below shall be as follows:

Product .; * Tariff Item Pesetas No. per 100 kgs, net

Cheese and curd:

Emmenthaler, Gruyère, Sbrinz, Bergka.se and Appenzell, in loaves,with a minimum fat content of 4.0 per cent and of a c.i.f. value of 7,4-60 pesetas or more per 100 kgs., fulfilling the conditions stipulated in Note 1 04.04 A-l-a-1 4,483 -do-: of a c.i.f. value of 8,553 pesetas or more per 100 kgs,, fulfilling the - — • conditions stipulated in Note 1 04.04 A-l-a-2 4,483 Emmenthaler, Gruyère, Sbrinz, Bergka.se and Appenzell, in packaged pieces, of a weight exceeding 1 kg, and of a c.i.f. value of 8,366 pesetas or more per 100 kgs«, fulfilling the conditions •••••• stipulated in Note 1 04.04 A-l-b-1 4,483 -do-: of a c.i.f. value of 9,458 pesetas or more per 100 kgs., fulfilling the conditions stipulated in Note 1 04.04 A-l-b-2 4>483 Emmenthaler, Gruyère, Sbrinz, Bergka.se and Appenzell in packaged pieces, of a weight of not more than 1 kg. but more than 75 gi"s., and of a c.i.f. value of 8,970 pesetas or more per 100 kgs., fulfilling the conditions stipulated in Note 1 04.04 A-l-c-1 4,483 l/3407/Add.l Page U

Product Tariff Item Pesetas No. per 100 kgs, net

Bnmen thaler, Gruyère, Sbrinz, Bergkase and Appenzell in packaged pieces, of a weight of not more than 1 kg. but more than 75 grs., and of a c.i.f. value of 10,062 pesetas or more per 100 kgs., fulfilling the conditions stipulated in Note 1 04.04 A-l-c-2 4,483 fînmenthaler, Gruyère, Sbrinz, Bergkase and Appenzell, other 04.04 A-2 6,688 Glaris fulfilling the conditions stipulated in Note 2 04.04 B 1 fulfilling the conditions stipulated in Note 2 04.04 C-l 1 , Bleu des Causses, Bleu d1Auvergne, , Fourae d'Ambert, Saingorlon, Edelpilzka.se, Bleufort, ,Bleu du Jura and Bleu de Septmoncel, fulfilling the conditions stipulated in Note 2 04.. 04. C-2 ... 1

Other blue-veined cheeses...... 04.04 C- 4,808 Processed Emmenthaler, Gruyère and Appenzell, put up in portions or slices and with a fat content exceeding 40 per cent for all V' portions or slices, fulfilling the conditions stipulated in Note 1 ...... 04.04 D-l-a " 3,772' -do-: exceeding 40 per cent in respect of 5/6ths of the aggregate of portions or slices, fulfilling the conditions stipulated in Hotel..- 04.04 .D-l-b 3,772 -do-: exceeding 48 per cent, fulfilling the conditions stipulated in Note 1 04.04 D-l-'c 3,772 Product Customs Tariff Pesetas Ho. per 100 kgs. net

Processed cheese with a dry-product content of 4-0 per cent or more and a fat content not exceeding 4-8 per cent, fulfilling the conditions stipulated in Note 1 04-. 04- D-2-a . 3,772 -do-: exceeding 4-3 pel' cent, fulfilling the conditions stipulated in Note 1 .. 04.. 04- D-2-b 3,772 -do-: exceeding 63 per cent, fulfilling the conditions stipulated in Note 1 ... 04-, 04- D-2-c 3,772 Other processed cheese 04-. 04- D-3 13,902 Curd O4-.04- E ... 100 Goat cheese fulfilling the conditions stipulated in Note 2 04-. 04- F 100 Parmiggiano, Reggiano, Grana Padano, Pecorino and Fiore Sardo, fulfilling the conditions stipulated in Note 2 ... 04-, 04. G-l-a-1 Other cheeses with a fat content not exceeding 4-0 per cent and a water content not exceeding 4-7 per cent ..... 04.. 04- G-l-a-2 8,117 Cheddar and Chester, fulfilling the conditions stipulated in Note 1 ...... 04-. 04- G-l-b-1 4-,483 Provolone, Asiago, Caciocavallo and Ragusano, fulfilling the conditions stipulated in Note 2 04-, 04- G-l-b-2 Butterkase, Cantal, Edam, Fontal, Fontina, Gouda, Itâlico, Karnhem, Minilette, St. Nectaire, St. Paulin and Tilsit, fulfilling the conditions stipulated in Note 1 04-, 04. G-l-b-3 4-,483 , , Taleggio, etc. with a fat content not exceeding 4-0 per cent and a water content exceeding 4-7 per cent but not exceeding 72 per cent, fulfilling the conditions stipulated in Note 2 G4-.04. G-l-b-A L/3407/Add.l Page 6

Product Custons Tariff Pesetas No. per 100 kgs. net

Other cheeses with a fat content not exceeding 4-0 per cent and a water content exceeding 47 per cent but not exceeding 72 per cent 04.04 G-l-b-5 11,087 Cheese with a fat content not exceeding 40 per cent and a water content exceeding 72 per cent, in packagings containing net 500 grs. or less, fulfilling the conditions stipulated in Note 2 ...» 04.04 G-l-c-1 4,483 -do-: in packagings containing not more than 500 grs 04.04. G-l-c-2 11,110 Other cheese 04.04 G-2 11,110

2. These duties shall be in force from the date of publication of this Order until 16 March 1972, 1 p.m. This Department will determine in due course the amount of regulating duty for the subsequent period and the length of that period.

Madrid, 9 March 1972.

F0NTANA CODINA