21981A0710(01)

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ARRANGEMENT

IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF AUSTRIA ON TRADE IN MUTTON , LAMB AND GOATMEAT

LETTER NO 1

SIR ,

I HAVE THE HONOUR TO REFER TO THE NEGOTIATIONS RECENTLY UNDERTAKEN BETWEEN OUR RESPECTIVE DELEGATIONS FOR THE PURPOSE OF DRAWING UP PROVISIONS CONCERNING IMPORT INTO THE EUROPEAN ECONOMIC COMMUNITY OF MUTTON , LAMB AND GOATMEAT AND LIVE SHEEP AND GOATS OTHER THAN PURE-BRED BREEDING ANIMALS FROM AUSTRIA IN CONNECTION WITH IMPLEMENTATION BY THE COMMUNITY OF THE COMMON ORGANIZATION OF THE MARKET IN SHEEPMEAT AND GOATMEAT .

DURING THESE NEGOTIATIONS BOTH PARTIES AGREED AS FOLLOWS :

1 . THIS ARRANGEMENT SHALL RELATE TO :

- LIVE SHEEP AND GOATS OTHER THAN PURE-BRED BREEDING ANIMALS ( SUBHEADING 01.04 B OF THE COMMON CUSTOMS TARIFF ) ,

- FRESH OR CHILLED MUTTON , LAMB AND GOATMEAT ( SUBHEADING 02.01 A IV A ) OF THE COMMON CUSTOMS TARIFF ) ,

- FROZEN MUTTON , LAMB AND GOATMEAT ( SUBHEADING 02.01 A IV B ) OF THE COMMON CUSTOMS TARIFF ) .

2 . WITHIN THE TERMS OF THIS ARRANGEMENT , THE POSSIBILITIES OF EXPORT OF MUTTON , LAMB AND GOATMEAT AND OF LIVE SHEEP AND GOATS FROM AUSTRIA TO THE COMMUNITY ARE FIXED AT THE FOLLOWING ANNUAL QUANTITY :

- 300 TONNES OF LIVE ANIMALS EXPRESSED IN CARCASE WEIGHT BONE-IN ( 1 ) .

IN ORDER TO ENSURE THE PROPER FUNCTIONING OF THE ARRANGEMENT , THE REPUBLIC OF AUSTRIA UNDERTAKES TO IMPLEMENT THE APPROPRIATE PROCEDURES TO ENSURE THAT THE ANNUAL QUANTITY ACTUALLY EXPORTED DOES NOT EXCEED THE QUANTITY AGREED .

3 . SHOULD THE COMMUNITY HAVE RECOURSE TO THE SAFEGUARD CLAUSE , IT UNDERTAKES THAT AUSTRIA'S ACCESS TO THE COMMUNITY AS PROVIDED FOR IN THIS ARRANGEMENT WILL NOT BE AFFECTED .

4 . IF IMPORTS FROM AUSTRIA IN ANY ONE YEAR EXCEED THE QUANTITIES AGREED , THE COMMUNITY RESERVES THE RIGHT TO SUSPEND IMPORTS FROM AUSTRIA FOR THE REMAINDER OF THAT YEAR . THE QUANTITY OVERSHIPPED SHALL BE OFFSET AGAINST AUSTRIA'S EXPORT ENTITLEMENT FOR THE FOLLOWING YEAR .

5 . THE COMMUNITY UNDERTAKES TO LIMIT THE LEVY APPLICABLE TO IMPORTS OF PRODUCTS COVERED BY THE PRESENT ARRANGEMENT TO A MAXIMUM AMOUNT OF 10 % AD VALOREM .

6 . AT THE TIME OF ACCESSION OF NEW MEMBER STATES , THE COMMUNITY , IN CONSULTATION WITH THE REPUBLIC OF AUSTRIA , WILL ALTER THE QUANTITIES SET OUT IN CLAUSE 2 , IN ACCORDANCE WITH AUSTRIA'S TRADE WITH EACH NEW MEMBER STATE .

THE CHARGES APPLICABLE TO IMPORTS FOR THE SAID NEW MEMBER STATE SHALL BE FIXED IN ACCORDANCE WITH THE RULES IN THE TREATY OF ACCESSION , THE MAXIMUM LEVEL OF THE LEVY SPECIFIED IN CLAUSE 5 BEING TAKEN INTO ACCOUNT .

7 . THE REPUBLIC OF AUSTRIA SHALL ENSURE THAT THIS ARRANGEMENT IS OBSERVED , IN PARTICULAR , BY ISSUING EXPORT CERTIFICATES COVERING THE PRODUCTS REFERRED TO IN CLAUSE 1 WITHIN THE LIMITS OF THE QUANTITIES COVERED BY THIS ARRANGEMENT .

FOR ITS PART , THE COMMUNITY SHALL UNDERTAKE TO ADOPT ALL NECESSARY PROVISIONS TO MAKE THE ISSUE OF THE IMPORT CERTIFICATES FOR THE PRODUCTS REFERRED TO ABOVE , ORIGINATING IN THE REPUBLIC OF AUSTRIA , SUBJECT TO THE PRESENTATION OF AN EXPORT CERTIFICATE ISSUED BY THE COMPETENT AUTHORITY DESIGNATED BY THE AUSTRIAN GOVERNMENT .

DETAILED RULES FOR APPLYING THIS SYSTEM SHALL BE LAID DOWN IN SUCH A WAY AS TO RENDER UNNECESSARY THE LODGING OF A SECURITY FOR THE ISSUE OF THE IMPORT CERTIFICATE IN RESPECT OF THE PRODUCTS IN QUESTION .

ALSO , SUCH DETAILED RULES OF APPLICATION SHALL PROVIDE THAT THE COMPETENT AUSTRIAN AUTHORITY SHALL COMMUNICATE PERIODICALLY , TO THE COMPETENT AUTHORITY OF THE COMMUNITY , THE QUANTITIES IN RESPECT OF WHICH EXPORT CERTIFICATES ARE ISSUED , BROKEN DOWN , WHERE APPROPRIATE , ACCORDING TO DESTINATION .

8 . A CONSULTATIVE COMMITTEE SHALL BE SET UP COMPOSED OF REPRESENTATIVES FROM THE COMMUNITY AND FROM THE REPUBLIC OF AUSTRIA . THE COMMITTEE SHALL ENSURE THAT THE ARRANGEMENT IS BEING PROPERLY APPLIED AND IS FUNCTIONING SMOOTHLY .

IT WILL ENSURE THAT THE PROPER APPLICATION OF THE ARRANGEMENT IS NOT AFFECTED BY THE EXPORT OF MUTTON - , LAMB - AND GOATMEAT-BASED PRODUCTS TO THE COMMUNITY UNDER CUSTOMS HEADINGS NOT REFERRED TO BY THE ARRANGEMENT .

THE COMMITTEE WILL DISCUSS ALL QUESTIONS WHICH COULD ARISE IN APPLYING THE ARRANGEMENT AND WILL RECOMMEND APPROPRIATE SOLUTIONS TO THE COMPETENT AUTHORITIES .

9 . THE PROVISIONS OF THIS ARRANGEMENT SHALL BE AGREED WITHOUT PREJUDICE TO THE PARTIES' RIGHTS AND OBLIGATIONS UNDER GATT .

10 . THE ANNUAL QUANTITY FIXED IN CLAUSE 2 REFERS TO THE PERIOD RUNNING FROM 1 JANUARY TO 31 DECEMBER . THE QUANTITY APPLICABLE AS OF THE IMPLEMENTATION OF THE PRESENT ARRANGEMENT AND UNTIL 1 JANUARY OF THE FOLLOWING YEAR WILL BE FIXED ON A PRO RATA BASIS IN RELATION TO THE TOTAL ANNUAL QUANTITY AND WILL TAKE INTO ACCOUNT THE SEASONALITY OF THE TRADE .

11 . THIS ARRANGEMENT SHALL APPLY , ON THE ONE HAND , TO THE TERRITORIES IN WHICH THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY IS APPLIED AND UNDER THE CONDITIONS LAID DOWN IN THAT TREATY AND , ON THE OTHER HAND , TO THE TERRITORY OF THE REPUBLIC OF AUSTRIA .

12 . THIS ARRANGEMENT SHALL ENTER INTO FORCE ON 1 JANUARY 1981 .

IT SHALL REMAIN IN FORCE UNTIL 31 MARCH 1984 , AND SHALL CONTINUE IN FORCE THEREAFTER SUBJECT TO EACH PARTY HAVING THE RIGHT TO DENOUNCE IT BY GIVING ONE YEAR'S NOTICE IN WRITING . IN ANY CASE THE PROVISIONS OF THIS ARRANGEMENT WILL BE EXAMINED BY THE TWO PARTIES BEFORE 1 APRIL 1984 WITH A VIEW TO MAKING ANY ADJUSTMENT WHICH THEY AGREE IS NECESSARY .

13 . THIS ARRANGEMENT WILL BE APPROVED BY THE CONTRACTING PARTIES IN ACCORDANCE WITH THEIR OWN PROCEDURES .

I SHOULD BE OBLIGED IF YOU WOULD KINDLY CONFIRM THE AGREEMENT OF YOUR GOVERNMENT TO THE FOREGOING .

PLEASE ACCEPT , SIR , THE ASSURANCE OF MY HIGHEST CONSIDERATION .

FOR THE COUNCIL OF THE EUROPEAN COMMUNITIES

( 1 ) 100 KILOGRAMS LIVE WEIGHT SHALL CORRESPOND TO 47 KILOGRAMS CARCASE WEIGHT ( BONE-IN EQUIVALENT WEIGHT ) ( 2 ) .

( 2 ) CARCASE WEIGHT ( BONE-IN EQUIVALENT WEIGHT ) . BY THIS TERM IS UNDERSTOOD THE WEIGHT OF BONE-IN MEAT PRESENTED AS SUCH AS WELL AS BONED MEAT CONVERTED BY A COEFFICIENT INTO BONE-IN WEIGHT . FOR THIS PURPOSE 55 KILOGRAMS OF BONED MUTTON CORRESPONDS TO 100 KILOGRAMS OF BONE-IN MUTTON AND 60 KILOGRAMS OF BONED LAMB CORRESPONDS TO 100 KILOGRAMS OF BONE-IN LAMB .

LETTER NO 2

SIR ,

I HAVE THE HONOUR TO ACKNOWLEDGE RECEIPT OF YOUR LETTER OF TODAY'S DATE , WHICH READS AS FOLLOWS :

" I HAVE THE HONOUR TO REFER TO THE NEGOTIATIONS RECENTLY UNDERTAKEN BETWEEN OUR RESPECTIVE DELEGATIONS FOR THE PURPOSE OF DRAWING UP PROVISIONS CONCERNING IMPORT INTO THE EUROPEAN ECONOMIC COMMUNITY OF MUTTON , LAMB AND GOATMEAT AND LIVE SHEEP AND GOATS OTHER THAN PURE-BRED BREEDING ANIMALS FROM AUSTRIA IN CONNECTION WITH IMPLEMENTATION BY THE COMMUNITY OF THE COMMON ORGANIZATION OF THE MARKET IN SHEEPMEAT AND GOATMEAT .

DURING THESE NEGOTIATIONS BOTH PARTIES AGREED AS FOLLOWS :

1 . THIS ARRANGEMENT SHALL RELATE TO :

- LIVE SHEEP AND GOATS OTHER THAN PURE-BRED BREEDING ANIMALS ( SUBHEADING 01.04 B OF THE COMMON CUSTOMS TARIFF ) ,

- FRESH OR CHILLED MUTTON , LAMB AND GOATMEAT ( SUBHEADING 02.01 A IV A ) OF THE COMMON CUSTOMS TARIFF ) ,

- FROZEN MUTTON , LAMB AND GOATMEAT ( SUBHEADING 02.01 A IV B ) OF THE COMMON CUSTOMS TARIFF ) .

2 . WITHIN THE TERMS OF THIS ARRANGEMENT , THE POSSIBILITIES OF EXPORT OF MUTTON , LAMB AND GOATMEAT AND OF LIVE SHEEP AND GOATS FROM AUSTRIA TO THE COMMUNITY ARE FIXED AT THE FOLLOWING ANNUAL QUANTITY :

- 300 TONNES OF LIVE ANIMALS EXPRESSED IN CARCASE WEIGHT BONE-IN ( 1 ) .

IN ORDER TO ENSURE THE PROPER FUNCTIONING OF THE ARRANGEMENT , THE REPUBLIC OF AUSTRIA UNDERTAKES TO IMPLEMENT THE APPROPRIATE PROCEDURES TO ENSURE THAT THE ANNUAL QUANTITY ACTUALLY EXPORTED DOES NOT EXCEED THE QUANTITY AGREED .

3 . SHOULD THE COMMUNITY HAVE RECOURSE TO THE SAFEGUARD CLAUSE , IT UNDERTAKES THAT AUSTRIA'S ACCESS TO THE COMMUNITY PROVIDED FOR IN THIS ARRANGEMENT WILL NOT BE AFFECTED .

4 . IF IMPORTS FROM AUSTRIA IN ANY ONE YEAR EXCEED THE QUANTITIES AGREED , THE COMMUNITY RESERVES THE RIGHT TO SUSPEND IMPORTS FROM AUSTRIA FOR THE REMAINDER OF THAT YEAR . THE QUANTITY OVERSHIPPED SHALL BE OFFSET AGAINST AUSTRIA'S EXPORT ENTITLEMENT FOR THE FOLLOWING YEAR .

5 . THE COMMUNITY UNDERTAKES TO LIMIT THE LEVY APPLICABLE TO IMPORTS OF PRODDUCTS COVERED BY THE PRESENT ARRANGEMENT TO A MAXIMUM AMOUNT OF 10 % AD VALOREM .

6 . AT THE TIME OF ACCESSION OF NEW MEMBER STATES , THE COMMUNITY , IN CONSULTATION WITH THE REPUBLIC OF AUSTRIA , WILL ALTER THE QUANTITIES SET OUT IN CLAUSE 2 , IN ACCORDANCE WITH AUSTRIA'S TRADE WITH EACH NEW MEMBER STATE .

THE CHARGES APPLICABLE TO IMPORTS OF THE SAID NEW MEMBER STATE SHALL BE FIXED IN ACCORDANCE WITH THE RULES OF THE TREATY OF ACCESSION , THE MAXIMUM LEVEL OF THE LEVY SPECIFIED IN CLAUSE 5 BEING TAKEN INTO ACCOUNT .

7 . THE REPUBLIC OF AUSTRIA SHALL ENSURE THAT THIS ARRANGEMENT IS OBSERVED , IN PARTICULAR , BY ISSUING EXPORT CERTIFICATES COVERING THE PRODUCTS REFERRED TO IN CLAUSE 1 WITHIN THE LIMITS OF THE QUANTITIES COVERED BY THIS ARRANGEMENT .

FOR ITS PART , THE COMMUNITY SHALL UNDERTAKE TO ADPT ALL NECESSARY PROVISIONS TO MAKE THE ISSUE OF THE IMPORT CERTIFICATES FOR THE PRODUCTS REFERRED TO ABOVE , ORIGINATING IN THE REPUBLIC OF AUSTRIA , SUBJECT TO THE PRESENTATION OF AN EXPORT CERTIFICATE ISSUED BY THE COMPETENT AUTHORITY DESIGNATED BY THE AUSTRIAN GOVERNMENT .

DETAILED RULES FOR APPLYING THIS SYSTEM SHALL BE LAID DOWN IN SUCH A WAY AS TO RENDER UNNECESSARY THE LODGING OF A SECURITY FOR THE ISSUE OF THE IMPORT CERTIFICATE IN RESPECT OF THE PRODUCTS IN QUESTION .

ALSO , SUCH DETAILED RULES OF APPLICATION SHALL PROVIDE THAT THE COMPETENT AUSTRIAN AUTHORITY SHALL COMMUNICATE PERIODICALLY , TO THE COMPETENT AUTHORITY OF THE COMMUNITY , THE QUANTITIES IN RESPECT OF WHICH EXPORT CERTIFICATES ARE ISSUED , BROKEN DOWN , WHERE APPROPRIATE , ACCORDING TO DESTINATION .

8 . A CONSULTATIVE COMMITTEE SHALL BE SET UP COMPOSED OF REPRESENTATIVES FROM THE COMMUNITY AND FROM THE REPUBLIC OF AUSTRIA . THE COMMITTEE SHALL ENSURE THAT THE ARRANGEMENT IS BEING PROPERLY APPLIED AND IS FUNCTIONING SMOOTHLY .

IT WILL ENSURE THAT THE PROPER APPLICATION OF THE ARRANGEMENT IS NOT AFFECTED BY THE EXPORT OF MUTTON - , LAMB - AND GOATMEAT-BASED PRODUCTS TO THE COMMUNITY UNDER CUSTOMS HEADINGS NOT REFERRED TO BY THE ARRANGEMENT .

THE COMMITTEE WILL DISCUSS ALL QUESTIONS WHICH COULD ARISE IN APPLYING THE ARRANGEMENT AND WILL RECOMMEND APPROPRIATE SOLUTIONS TO THE COMPETENT AUTHORITIES .

9 . THE PROVISIONS OF THIS ARRANGEMENT SHALL BE AGREED WITHOUT PREJUDICE TO THE PARTIES' RIGHTS AND OBLIGATIONS UNDER GATT .

10 . THE ANNUAL QUANTITY FIXED IN CLAUSE 2 REFERS TO THE PERIOD RUNNING FROM 1 JANUARY TO 31 DECEMBER . THE QUANTITY APPLICABLE AS OF THE IMPLEMENTATION OF THE PRESENT ARRANGEMENT AND UNTIL 1 JANUARY OF THE FOLLOWING YEAR WILL BE FIXED ON A PRO RATA BASIS IN RELATION TO THE TOTAL ANNUAL QUANTITY AND WILL TAKE INTO ACCOUNT THE SEASONALITY OF THE TRADE .

11 . THIS ARRANGEMENT SHALL APPLY , ON THE ONE HAND , TO THE TERRITORIES IN WHICH THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY IS APPLIED AND UNDER THE CONDITIONS LAID DOWN IN THAT TREATY AND , ON THE OTHER HAND , TO THE TERRITORY OF THE REPUBLIC OF AUSTRIA .

12 . THIS ARRANGEMENT SHALL ENTER INTO FORCE ON 1 JANUARY 1981 .

IT SHALL REMAIN IN FORCE UNTIL 31 MARCH 1984 , AND SHALL CONTINUE IN FORCE THEREAFTER SUBJECT TO EACH PARTY HAVING THE RIGHT TO DENOUNCE IT GIVING ONE YEAR'S NOTICE IN WRITING . IN ANY CASE THE PROVISISONS OF THIS ARRANGEMENT WILL BE EXAMINED BY THE TWO PARTIES BEFORE 1 APRIL 1984 WITH A VIEW TO MAKING ANY ADJUSTMENT WHICH THEY AGREE IS NECESSARY .

13 . THIS ARRANGEMENT WILL BE APPROVED BY THE CONTRACTING PARTIES IN ACCORDANCE WITH THEIR OWN PROCEDURES .

I SHOULD BE OBLIGED IF YOU WOULD KINDLY CONFIRM THE AGREEMENT OF YOUR GOVERNMENT TO THE FOREGOING . "

I HAVE THE HONOUR TO CONFIRM THAT MY GOVERNMENT IS IN AGREEMENT WITH THE CONTENTS OF YOUR LETTER .

PLEASE ACCEPT , SIR , THE ASSURANCE OF MY HIGHEST CONSIDERATION .

FOR THE FEDERAL GOVERNMENT OF THE REPUBLIC OF AUSTRIA

( 1 ) 100 KILOGRAMS LIVE WEIGHT SHALL CORRESPOND TO 47 KILOGRAMS CARCASE WEIGHT ( BONE-IN EQUIVALENT WEIGHT ) ( 2 ) .

( 2 ) CARCASE WEIGHT ( BONE-IN EQUIVALENT WEIGHT ) . BY THIS TERM IS UNDERSTOOD THE WEIGHT OF BONE-IN MEAT PRESENTED AS SUCH AS WELL AS BONED MEAT CONVERTED BY A COEFFICIENT INTO BONE-IN WEIGHT . FOR THIS PURPOSE 55 KILOGRAMS OF BONED MUTTON CORRESPONDS TO 100 KILOGRAMS OF BONE-IN MUTTON AND 60 KILOGRAMS OF BONED LAMB CORRESPONDS TO 100 KILOGRAMS OF BONE-IN LAMB .

EXCHANGE OF LETTERS

RELEVANT TO CLAUSE 2 OF THE ARRANGEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF AUSTRIA ON TRADE IN MUTTON , LAMB AND GOATMEAT

LETTER NO 1

SIR ,

I HAVE THE HONOUR TO REFER TO THE ARRANGEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF AUSTRIA ON TRADE IN MUTTON , LAMB AND GOATMEAT .

FURTHER TO THAT EXCHANGE OF LETTERS AND TO YOUR REQUEST , I WOULD ADVISE YOU THAT THE COMPETENT AUTHORITIES OF THE REPUBLIC OF AUSTRIA WILL ENSURE THAT FOR THE PERIOD 1 JANUARY 1981 TO 31 MARCH 1984 , THERE WILL BE NO CHANGE IN THE TRADITIONAL EXPORT PATTERNS OF MUTTON , LAMB AND GOATMEAT AND OF LIVE SHEEP AND GOATS FROM AUSTRIA TO THE MARKET AREAS IN THE COMMUNITY DETERMINED AS SENSITIVE .

THE COMPETENT AUTHORITIES OF THE REPUBLIC OF AUSTRIA WILL ADOPT THE NECESSARY MEASURES FOR THIS PURPOSE .

I SHOULD BE OBLIGED IF YOU WOULD KINDLY ACKNOWLEDGE RECEIPT OF THIS LETTER .

PLEASE ACCEPT , SIR , THE ASSURANCE OF MY HIGHEST CONSIDERATION .

FOR THE FEDERAL GOVERNMENT OF THE REPUBLIC OF AUSTRIA

LETTER NO 2

SIR ,

I HAVE THE HONOUR TO ACKNOWLEDGE RECEIPT OF YOUR LETTER OF TODAY'S DATE , WHICH READS AS FOLLOWS :

" I HAVE THE HONOUR TO REFER TO THE ARRANGEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF AUSTRIA ON TRADE IN MUTTON , LAMB AND GOATMENT .

FURTHER TO THAT EXCHANGE OF LETTERS AND TO YOUR REQUEST , I WOULD ADVISE YOU THAT THE COMPETENT AUTHORITIES OF THE REPUBLIC OF AUSTRIA WILL ENSURE THAT FOR THE PERIOD 1 JANUARY 1981 TO 31 MARCH 1984 , THERE WILL BE NO CHANGE IN THE TRADITIONAL EXPORT PATTERNS OF MUTTON , LAMB AND GOATMEAT AND OF LIVE SHEEP AND GOATS FROM AUSTRIA TO THE MARKET AREAS IN THE COMMUNITY DETERMINED AS SENSITIVE .

THE COMPETENT AUTHORITIES OF THE REPUBLIC OF AUSTRIA WILL ADOPT THE NECESSARY MEASURES FOR THIS PURPOSE .

I SHOULD BE OBLIGED IF YOU WOULD KINDLY ACKNOWLEDGE RECEIPT OF THIS LETTER . "

PLEASE ACCEPT , SIR , THE ASSURANCE OF MY HIGHEST CONSIDERATION .

FOR THE COUNCIL OF THE EUROPEAN COMMUNITIES