COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(94) 649 final 
Brussels, 13.12.1994 
94/0289 (ACC) 
Proposal for a 
COUNCIL DECISION 
on the conclusion of an agreement in the form of an 
exchange of 
letters between the European Community, of the first part, 
and the Kingdom of Morocco, of the second part, 
on the regime for imports into the European Community of 
tomatoes and courgettes originating in and imported from 
Morocco 
(presented by the Commission) 

- a. -
EXPLANATORY MEMORANDUM 
Following the agreements concluding the Uruguay Round of 
GATT trade negotiations, some changes have been made to the 
present legislation on imports into the Community of 
tomatoes and courgettes as from 1 January 1995. 
An additional specific duty will be levied on imports of the 
two products for a period during which there would have been 
no charge previously. A country can be exempted from this 
specific duty if a given entry price is complied with. This 
regime could have a negative effect on the Community's 
traditional imports from Morocco. 
Article 25 of the Cooperation Agreement between the European 
Economic Community and the Kingdom of Morocco provides for 
adjustments to the Agreement when changes are made in the 
current rules. 
Negotiations were held and an agreement was reached with the 
Kingdom of Morocco which enables the concessions previously 
granted for traditional Community imports of tomatoes and 
courgettes originating in and imported from Morocco to be 
maintained. 
This agreement must enter into force on 1 January 1995. 
The agreement is contained in an exchange of letters 
(attached), which the Commission herewith recommends to the 
Council for adoption. 
For the agreement to enter into force in time, the detailed 
rules for implementing it must be fixed now. 
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COUNCIL DECISION 
on the conclusion of an agreement in the form of an 
exchange of letters between the European Community, of the 
first part, and the Kingdom of Morocco, of the second part, 
on the regime for imports into the European Community of 
tomatoes and courgettes originating in and imported from 
Morocco 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European 
Community, and in particular Article 113 in conjunction with 
the first sentence of Article 228(2) thereof, 
Having regard to the proposal from the Commission, 
Whereas, in the context of the Uruguay Round of multilateral 
trade negotiations the import regime for tomatoes and 
courgettes has been changed; 
Whereas Article 25 of the Cooperation Agreement between the 
European Economic Community and the Kingdom of Morocco 
provides that, where the existing rules are changed, the 
Community may amend the regime set out in the Agreement for 
the products concerned; 
Whereas the Community has agreed with the Kingdom of Morocco 
that the said regime will be adjusted on the basis of an 
agreement in the form of an exchange of letters; 
Whereas this agreement should now be approved; 
Whereas it is also necessary to determine the detailed rules 
for implementing the said agreement, 
HAS DECIDED AS FOLLOWS: 
Article 1 
The agreement in the form of an exchange of letters between 
the European Community, of the first part, and the Kingdom 
of Morocco, of the second part, on the regime for imports 
into the European Community of tomatoes and courgettes 
originating in and imported from Morocco is hereby approved 
on behalf of the European Community. 
The text of this agreement is attached to this Decision. 
Article 2 
The President of the Council is hereby authorized to 
designate the person empowered to sign the ex-change of 
letters on behalf of the European Community. 
Article 3 
The detailed arrangements for implementing this agreement, 
including possible surveillance measures, shall be adopted, 
as appropriate, in accordance with the procedure set out in 
Article 33 of Regulation (EEC) No 1035/72 of 18 May 1972 on 
the common organization of the market in fruit and 
vegetables1 or in accordance with the provisions of 
Regulation (EC) No 1981/94 opening and providing for the 
administration of Community tariff quotas for certain 
products originating in Algeria, Cyprus, Egypt, Israel, 
Jordan, Malta, Morocco, the Occupied Territories, Tunisia 
and Turkey, and providing detailed rules for extending and 
adapting these tariff quotas2. 
Where implementation of the agreement calls for close 
cooperation with the Kingdom of Morocco, the Commission may 
take all necessary steps to ensure such cooperation. 
Done at .... Por the Council 
1 OJ-No I* 118. 20.05.1972, p.l 
2 OJKoL 199, 2.8.1994, p. 1 
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AGREEMENT 
in the form of an exchange of letters between the European 
Community and the Kingdom of Morocco on the regime for 
imports into the European Community of tomatoes and 
courgettes originating in and imported from the Kingdom of 
Morocco 
Letter No 1 
Brussels, 
Sir, 
I have the honour to refer to the consultations which have 
taken place between the Moroccan authorities and officials 
of the Commission of the European Communities concerning the 
application to agricultural products of the outcome of the 
Uruguay round of multilateral trade negotiations. 
The purpose of these consultations was to investigate the 
possibility, pursuant to Article 25 of the Cooperation 
Agreement, of according to imports originating in and 
imported from Morocco an advantage comparable to that 
provided for in the Cooperation Agreement between the 
European Economic Community and the Kingdom of Morocco. 
The consultations led to agreement on the following 
arrangements. 
1. For fresh tomatoes under heading NC 07.02.00.10: 
(a) for each five-month period from 1 November to 31 
March, for a maximum quantity of 130 000 tonnes, 
distributed as follows over the five months: 
November: .16 304 T 
December: .32 690 T 
January: .27 756 T 
February: .29 594 T 
March: .23 656 T 
total .130 000 T 
the entry price beyond which the specific duty is 
cut to zero shall be ECU 560 per tonne 
(hereinafter referred to as the agreed entry 
price); 
(b) for the period from 1 January to 31 March 1995, 
the maximum quantity shall be 81 006 tonnes, 
distributed over the three months as shown above; 
(c) if, in the course of a given month, the quantities 
provided for have not been achieved, the remaining 
amount up to a maximum of 10% of the total for 
that month may be carried over to the following 
month; 
(d) in any given month, the quantity laid down may be 
exceeded by up to 10% provided the total for the 
period does not exceed 130 000 tonnes (or 81 006 
tonnes for the period from 1 January to 31 March 
1995). 
2. For fresh courgettes under heading NC 07.09.90.70: 
(a) for each period from 1 October to 20 April, for a 
maximum quantity of 1 200 tonnes, the entry price 
beyond which the specific duty is cut to zero 
shall be ECU 451 per tonne (hereinafter referred 
to as the agreed entry price); 
(b) for the period from 1 January to 20 April 1995, 
the maximum quantity shall be 1 000 tonnes. 
3. (a) If the entry price for a consignment is lower 
than the agreed entry price by 2%, 4%, 6% or 8%, the 
specific customs duty shall be equal to 2%, 4%, 6% or 8% of 
the said agreed price. 
(b) If the entry price for a consignment is less than 
92% of the agreed price, the specific rate of 
customs duty bound in GATT shall apply. 
4. The Kingdom of Morocco undertakes to ensure that 
total exports of tomatoes and courgettes to the European 
Community in the course of the periods concerned shall not 
exceed the quantities agreed. To this end, it shall inform 
the Commission of the European Communities, every Tuesday 
for tomatoes, and once a month for courgettes, of the 
quantities exported during the preceding week or month. 
The Commission reserves the right to introduce a system of 
import licences to ensure proper application of this 
arrangement. 
The Kingdom of Morocco and the European Community shall 
consult together at all times, at the request of either 
party, on the operation of the system. 
5. The purpose of this agreement is to maintain the 
level of traditional Moroccan exports to the Community, i.e. 
the average volume of exports recorded during the crop years 
1990/91, 1991/92 and 1992/93. 
The parties shall consult together each year, in the course 
of the second quarter, to consider trade during the previous 
crop year; they shall take any steps necessary to ensure 
that this purpose is fully achieved for the forthcoming crop 
year. 
6. The quantity of 130 000 tonnes, agreed for imports 
of tomatoes from 1 November to 31 March, shall be adjusted 
in the light of the average exports from Morocco to the new 
Member States (average for 1990/91, 1991/92 and 1992/93) 
over the same five-month period. 
8 -
7. The regime set out in this agreement shall be 
incorporated in the new agreement to be concluded between 
the European Community and the Kingdom of Morocco. 
8. The provisions of this agreement shall be 
applicable from 1 January 1995. 
This exchange of letters shall be approved by the 
Contracting Parties in accordance with their normal 
procedures. 
Please accept, Sir, the assurance of my highest 
consideration. 
On behalf of the Council 
of the European Communities 
Letter No 2 
Rabat, 
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 consultations which have 
taken place between the Moroccan authorities and officials 
of the Commission of the European Communities concerning the 
application to agricultural products of the outcome of the 
Uruguay round of multilateral trade negotiations. 
The purpose of these consultations was to investigate the 
possibility, pursuant to Article 25 of the Cooperation 
Agreement, of according to imports originating in and 
imported from Morocco an advantage comparable to that 
provided for in the Cooperation Agreement between the 
European Economic Community and the Kingdom of Morocco. 
The consultations led to agreement on the following 
arrangements. 
1. For fresh tomatoes under heading NC 07.02.00.10: 
(a) for each five-month period from 1 November to 31 
March, for a maximum quantity of 130 000 tonnes, 
distributed as follows over the five months: 
November: .16 3 04 T 
December: .32 690 T 
January: .27 756 T 
February: .29 594 T 
March: .23 656 T 
total .130 000 T 
the entry price beyond which the specific duty is 
cut to zero shall be ECU 560 per tonne 
(hereinafter referred to as the agreed entry 
price); 
(b) for the period from 1 January to 31 March 1995, 
the maximum quantity shall be 81 006 tonnes, 
distributed over the three months as shown above; 
(c) if, in the course of a given month, the quantities 
provided for have not been achieved, the remaining 
amount up to a maximum of 10% of the total for 
that month may be carried over to the following 
month; 
(d) in any given month, the quantity laid down may be 
exceeded by up to 10% provided the total for the 
period does not exceed 130 000 tonnes (or 81 006 
tonnes for the period from 1 January to 31 March 
1995). 
- 10 -
2. For fresh courgettes under heading NC 07.09.90.70: 
(a) for each period from 1 October to 20 April, for a 
maximum quantity of 1 200 tonnes, the entry price 
beyond which the specific duty is cut to zero 
shall be ECU 451 per tonne (hereinafter referred 
to as the agreed entry price); 
(b) for the period from 1 January to 20 April 1995, 
the maximum quantity shall be 1 000 tonnes. 
3. (a) If the entry price for a consignment is lower 
than the agreed entry price by 2%, 4%, 6% or 8%, the 
specific customs duty shall be equal to 2%, 4%, 6% or 8% of 
the said agreed price. 
(b) If the entry price for a consignment is less than 
92% of the agreed price, the specific rate of 
customs duty bound in GATT shall apply. 
4. The Kingdom of Morocco undertakes to ensure that 
total exports of tomatoes and courgettes to the European 
Community in the course of the periods concerned shall not 
exceed the quantities agreed. To this end, it shall inform 
the Commission of the European Communities, every Tuesday 
for tomatoes, and once a month for courgettes, of the 
quantities exported during the preceding week or month. 
The Commission reserves the right to introduce a system of 
import licences to ensure proper application of this 
arrangement. 
The Kingdom of Morocco and the European Community shall 
consult together at all times, at the request of either 
party, on the operation of the system. 
5. The purpose of this agreement is to maintain the 
level of traditional Moroccan exports to the Community, i.e. 
the average volume of exports recorded during the crop years 
1990/91, 1991/92 and 1992/93. 
The parties shall consult together each year, in the course 
of the second quarter, to consider trade during the previous 
crop year; they shall take any steps necessary to ensure 
that this purpose is fully achieved for the forthcoming crop 
year. 
6. The quantity of 130 000 tonnes, agreed for imports 
of tomatoes from 1 November to 31 March, shall be adjusted 
in the light of the average exports from Morocco to the new 
Member States (average for 1990/91, 1991/92 and 1992/93) 
over the same five-month period. 
- 11 -
7. The regime set out in this agreement shall be 
incorporated in the new agreement to be concluded between 
the European Community and the Kingdom of Morocco. 
8. The provisions of this agreement shall be 
applicable from 1 January 1995. 
This exchange of letters shall be approved by the 
Contracting Parties in accordance with their normal 
procedures. 
Please accept, Sir, the assurance of my highest 
consideration." 
I have the honour to confirm that the Kingdom of Morocco is 
in agreement with the contents of your letter. 
Please accept, Sir, the assurance of my highest 
consideration. 
For the Kingdom of Morocco 
ESN 0254-1475 
COM(94) 649 final 
DOCUMENTS 
EN 11 03 02 
Catalogue number : CB-CO-94-677-EN-C 
ISBN 92-77-84006-4 
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