Proposal for a COUNCIL REGULATION introducing certain temporary autonomous concessions in the form of Community tariff quotas applicable to imports into the Community of tomatoes originating in the Kingdom of Morocco

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. Following their consultations on imports into the Community of Moroccan tomatoes, held in Rabat on 10 September 2001 under Article 2(6) of Protocol 1 on the arrangements applying to imports into the Community of agricultural products originating in Morocco, the delegations of the Kingdom of Morocco and the Commission of the European Communities reached an agreement for the marketing year from 1 October 2001 to 31 May 2002, without prejudice to the broader negotiations on agricultural matters.

2. In order to prevent possible disturbances on the Community market in tomatoes, Morocco has undertaken to ensure that its total exports do not exceed an agreed quantity of 168 757 tonnes in the period from 1 October 2001 to 31 May 2002.

In return, so that Morocco's traditional exports of tomatoes to the Community can continue, the purpose of this proposal is to open additional autonomous tariff quotas for 18 081 tonnes, staggered over the marketing year as follows:

November 2001: // 4 000 tonnes

December 2001: // 2 000 tonnes

April 2002: // 7 500 tonnes

May 2002: // 4 581 tonnes.

3. Articles 2 and 3 of Protocol 1 to the Association Agreement will apply mutatis mutandis to the above additional autonomous quotas. The agreed entry price, for which the specific duties are reduced to 0, is EUR 461 per tonne.

4. The quotas for April and May 2002 will be opened only if total imports into the Community of tomatoes originating in Morocco between 1 October 2001 and 31 March 2002 do not exceed 156 676 tonnes.

5. The delegations have also agreed that transparent and reliable arrangements for imports into the Community of Moroccan tomatoes are to be drawn up on the occasion of the examination provided for in Article 18 of the Association Agreement.

6. The Council is requested to adopt the proposed Regulation.

2001/0247 (ACC)

Proposal for a COUNCIL REGULATION introducing certain temporary autonomous concessions in the form of Community tariff quotas applicable to imports into the Community of tomatoes originating in the Kingdom of Morocco

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C ..., ..., p. ...

Whereas:

(1) Consultations on imports into the Community of fresh and chilled tomatoes originating in Morocco were held in Rabat on 10 September 2001 under Article 2(6) of Protocol 1 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part [2].

[2] OJ L 70, 18.3.2000, p. 1.

(2) Following these consultations, the purpose of which was to allow Morocco's traditional exports of tomatoes to the Community to continue without disturbing the Community market, an autonomous tariff preference should be granted for 18 081 tonnes, to be staggered over November and December 2001 and April and May 2002.

(3) The tariff quotas for April and May 2002 should be opened only if total imports into the Community of tomatoes originating in Morocco between 1 October 2001 and 31 March 2002 do not exceed 156 676 tonnes. Morocco has undertaken to ensure that its total exports do not exceed the agreed quantity of 168 757 tonnes for the period from 1 October 2001 to 31 May 2002.

(4) Council Regulation (EC) No 747/2001 of 9 April 2001 providing for the management of Community tariff quotas and of reference quantities for products eligible for preferences by virtue of agreements with certain Mediterranean countries and repealing Regulations (EC) No 1981/94 and (EC) No 934/95 [3] opened the tariff quotas for imports into the Community of fresh tomatoes originating in Morocco provided for in the context of the Association Agreement and lays down detailed rules for managing them,

[3] OJ L 109, 19.4.2001, p. 2.

HAS ADOPTED THIS REGULATION:

Article 1

1. For the period from 1 November 2001 to 31 March 2002, Community tariff quota with order No 09.1190, applicable to imports into the Community of fresh or chilled tomatoes falling within CN code 0702 00 00 originating in Morocco, opened under Regulation (EC) No 747/2001, is hereby autonomously increased by 6 000 tonnes.

2. Provided total imports into the Community of tomatoes originating in Morocco do not exceed 156 676 tonnes during the period from 1 October 2001 to 31 March 2002, the following autonomous tariff quota shall be opened by the Commission:

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3. The tariff quotas referred to in this Regulation shall be managed by the Commission in accordance with Article 4 of Regulation (EC) No 747/2001.

4. This Regulation shall apply subject to Protocol 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, which concerns the definition of originating products.

Article 2

Articles 2 and 3 of Protocol 1 to the Association Agreement shall apply mutatis mutandis to the autonomous additional quantities and tariff quota referred to in Article 1. The monthly breakdown of quantities shall be as follows:

November 2001: // 4 000 tonnes

December 2001: // 2 000 tonnes

April 2002: // 7 500 tonnes

May 2002: // 4 581 tonnes.

Article 3

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

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