Proposal for a COUNCIL DECISION concerning the conclusion of an Agreement in the form of an Exchange of Letters derogating temporarily, as regards the importation into the Community of tomatoes originating in Morocco, from agricultural 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

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. Article 16 of 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 has been in force since 1 March 2000, provides that the Community and Morocco will gradually implement greater liberalisation of their reciprocal trade in agricultural and fishery products.

2. Article 18 of the Euro-Mediterranean Agreement provides that from 1 January 2000 the Community and the Kingdom of Morocco will assess the situation with a view to determining the liberalisation measures to be applied by the parties with effect from 1 January 2001.

3. The Council has authorised the Commission to begin negotiations with the Kingdom of Morocco, the State of Israel and the Republic of Tunisia with a view to concluding three new agricultural agreements to follow on from the existing ones, which would take the form of additional protocols to the Euro-Mediterranean Agreements.

4. Protocol 1 to the Agreement introduces in particular special arrangements for tomatoes originating in Morocco. These arrangements seek to apply to tomatoes originating in Morocco an entry price level from which specific customs duties will be reduced to zero, within the limits of the maximum quantities, periods and conditions stipulated in Articles 2 and 3 of the Protocol.

5. Pending the conclusion of the comprehensive renegotiation of agricultural Protocols 1 and 3 to the Euro-Mediterranean Agreement and in order to avoid any disturbance on the Community market in tomatoes, the Community and Morocco, on the completion of consultations, under Article 2(6) of Protocol 1 on the arrangements applying to imports into the Community of agricultural products originating in Morocco, concerning imports of Moroccan tomatoes into the Community, have negotiated an Exchange of Letters.

This Exchange of Letters introduces, for the period from 1 October 2002 to 31 May 2003 only, arrangements similar to those laid down in Council Regulation (EC) No 2264/2001 of 21 November 2001 introducing certain temporary autonomous concessions in the form of Community tariff quotas applicable to imports into the Community of tomatoes originating in Morocco, without prejudice to the comprehensive negotiation of the agricultural arrangements.

The Exchange of Letters also contains an undertaking to complete the renegotiation of the agricultural Protocols to the Euro-Mediterranean Agreement before 31 December 2002 under Article 18 of that Agreement and a reservation on the part of the Community to abolish the concessions granted if the negotiations are not completed before that date.

6. The Exchange of Letters states further that the arrangements agreed between the two parties will be abolished upon the entry into force of the amendments to agricultural Protocols 1 and 3 resulting from the comprehensive negotiation of the agricultural package now in hand.

7. The purpose of this proposal is to seek the Council's approval of the Exchange of Letters with the Kingdom of Morocco and to lay down the measures necessary for implementing them.

2002/0263 (ACC)

Proposal for a COUNCIL DECISION concerning the conclusion of an Agreement in the form of an Exchange of Letters derogating temporarily, as regards the importation into the Community of tomatoes originating in Morocco, from agricultural 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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Article 18 of 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 has been in force since 1 March 2000 [1], provides that from 1 January 2000, the Community and Morocco will assess the situation with a view to determining the liberalisation measures to be applied by the parties with effect from 1 January 2001. The Council has authorised the Commission to begin negotiations with the Kingdom of Morocco with a view to concluding a new agricultural agreement to follow on from the existing one, which would take the form of additional protocols to the Euro-Mediterranean Agreement.

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

Article 2 of Protocol 1 to that Agreement provides for the application to tomatoes originating in Morocco of an entry price level from which the specific customs duties will be reduced to zero, within the limits of the maximum quantities, periods and conditions stipulated in Articles 2 and 3 of that Protocol.

(2) Council Regulation (EC) No 2264/01 of 21 November 2001 introducing certain temporary autonomous concessions in the form of Community tariff quotas applicable to imports into the Community of tomatoes originating in Morocco [2] lays down temporary measures concerning the tomatoes for the period from 1 November 2001 to 31 May 2002.

[2] OJ L 305, 21.11.2001, p.20.

(3) Consultations have taken place between the Community and Morocco under Article 2(6) of Protocol 1 pending the conclusion of the comprehensive renegotiation of the agricultural protocols and in order to allow Morocco's traditional exports of tomatoes to the Community to continue without disturbing the Community market.

(4) The outcome of these consultations is an Exchange of Letters between the Community and the Kingdom of Morocco, which is attached to this Decision, providing for a temporary derogation from Protocol 1 to the Euro-Mediterranean Agreement and introducing for the period from 1 October 2002 to 31 May 2003 only arrangements similar to those laid down in Regulation (EC) No 2264/01.

(5) The Exchange of Letters provides that the Community reserves the right to terminate those arrangements if the negotiations in hand under Article 18 of the Euro-Mediterranean Agreement between the Community and the Kingdom of Morocco are not completed before 31 December 2002.

(6) The measures necessary for implementing the arrangements contained in the Exchange of Letters may be adopted by the Commission in accordance with Article 5(1) of 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].

[3] OJ L 109, 19.4.2001, p. 2. Regulation amended by Commission Regulation (EC) No 786/2002 (OJ L 127, 14.5.2002, p. 3).

(7) The Agreement in the form of an Exchange of Letters negotiated between the European Community and the Kingdom of Morocco should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Morocco derogating temporarily, as regards the importation into the Community of tomatoes originating in Morocco, from the provisions of agricultural 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 is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person empowered to sign the Exchange of Letters in order to bind the Community.

Done at Brussels,

For the Council

The President

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS between the European Community and the Kingdom of Morocco and derogating temporarily, as regards the importation into the Community of tomatoes originating in Morocco, from agricultural 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

A. Letter from the European Community

Brussels, ...............

Sir,

I have the honour to refer to the negotiations which are currently taking place under Article 16 of the Euro-Mediterranean Agreement establishing an association between the European Community and the Kingdom of Morocco and to the consultations under Article 2(6) of Protocol 1 to the Euro-Mediterranean Agreement held between the Moroccan authorities and the departments of the Commission of the European Communities concerning imports into the Community of tomatoes originating in Morocco.

The purpose of the negotiations is to review the situation in order to determine the arrangements that will apply with effect from 1 January 2003.

Pending the conclusion of the comprehensive renegotiation of agricultural Protocols 1 and 3 to the Euro-Mediterranean Agreement and in order to allow Morocco's traditional exports of tomatoes to the Community to continue without disturbing the Community market, the following arrangements have been agreed for the period from 1 October 2002 to 31 May 2003 only and without prejudice to the parties' interpretation of Article 2(4) of Protocol 1:

1. In order to avoid any disturbance on the Community market in tomatoes, Morocco undertakes to ensure that its total exports do not exceed the quantities agreed during the period from 1 October 2002 to 31 May 2003.

2. The quantities provided for in Article 3(1)(a) of agricultural Protocol 1 to the Euro-Mediterranean Agreement are increased as follows for the 2002/03 marketing year:

November 2002: 4 000 tonnes December 2002: 2 000 tonnes April 2003: 7 500 tonnes May 2003: 4 581 tonnes.

The conditions set out in Articles 2 and 3 of agricultural Protocol 1 to the Euro-Mediterranean Agreement shall apply mutatis mutandis to the above quantities. The agreed entry price level, from which specific duties will be reduced to zero, shall be EUR 461 per tonne.

3. The quota for April and May 2003 shall be opened only on condition that total imports into the Community of tomatoes originating in Morocco do not exceed 156 676 tonnes during the period from 1 October 2002 to 31 March 2003.

4. The delegations agree that the review provided for in Article 18 of the Euro-Mediterranean Agreement shall include the adoption of clear and reliable arrangements for the importation of Moroccan tomatoes into the Community. Upon the entry into force of those arrangements, the derogating provisions laid down in this Agreement shall be abolished.

5. In the meantime the renegotiation of agricultural Protocols 1 and 3 will continue in order to determine the arrangements that are to apply with effect from 1 January 2003. The Community and Morocco reserve the right to abolish the provisions contained in this Agreement if the negotiations now in hand under Article 18 of the Euro-Mediterranean Agreement between the Community and the Kingdom of Morocco are not concluded before 31 December 2002.

This Agreement shall be approved by the Contracting Parties in accordance with their respective procedures.

I should be obliged if you would inform me whether your Government is in agreement with the contents of this letter.

Please accept, Sir, the assurance of my highest consideration.

For the Council of the European Union

B. Letter from the Kingdom of Morocco

Brussels, ...............

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 which are currently taking place under Article 16 of the Euro-Mediterranean Agreement establishing an association between the European Community and the Kingdom of Morocco and to the consultations under Article 2(6) of Protocol 1 to the Euro-Mediterranean Agreement held between the Moroccan authorities and the departments of the Commission of the European Communities concerning imports into the Community of tomatoes originating in Morocco.

The purpose of the negotiations is to review the situation in order to determine the arrangements that will apply from 1 January 2003.

Pending the conclusion of the comprehensive renegotiation of agricultural Protocols 1 and 3 to the Euro-Mediterranean Agreement and in order to allow Morocco's traditional exports of tomatoes to the Community to continue without disturbing the Community market, the following arrangements have been agreed for the period from 1 October 2002 to 31 May 2003 only and without prejudice to the parties' interpretation of Article 2(4) of Protocol 1:

1. In order to avoid any disturbance on the Community market in tomatoes, Morocco undertakes to ensure that its total exports do not exceed the quantities agreed during the period from 1 October 2002 to 31 May 2003.

2. The quantities provided for in Article 3(1)(a) of agricultural Protocol 1 to the Euro-Mediterranean Agreement are increased as follows for the 2002/03 marketing year:

November 2002: 4 000 tonnes December 2002: 2 000 tonnes April 2003: 7 500 tonnes May 2003: 4 581 tonnes.

The conditions set out in Articles 2 and 3 of agricultural Protocol 1 to the Euro-Mediterranean Agreement shall apply mutatis mutandis to the above quantities. The agreed entry price level, from which specific duties will be reduced to zero, shall be EUR 461 per tonne.

3. The quota for April and May 2003 shall only be opened on condition that total imports into the Community of tomatoes originating in Morocco do not exceed 156 676 tonnes during the period from 1 October 2002 to 31 March 2003.

4. The delegations agree that the review provided for in Article 18 of the Euro-Mediterranean Agreement shall include the adoption of clear and reliable arrangements for the importation of Moroccan tomatoes into the Community. Upon the entry into force of those arrangements, the derogating provisions contained in this Agreement shall be abolished.

5. In the meantime the renegotiation of agricultural Protocols 1 and 3 will continue in order to determine the arrangements that are to apply with effect from 1 January 2003. The Community and Morocco reserve the right to abolish the provisions contained in this Agreement if the negotiations now in hand under Article 18 of the Euro-Mediterranean Agreement between the Community and the Kingdom of Morocco are not concluded before 31 December 2002.

This Agreement shall be approved by the Contracting Parties in accordance with their respective procedures.

I should be obliged if you would inform me whether your Government is in agreement with the contents of this letter.

Please accept, Sir, the assurance of my highest consideration."

I have the honour to inform you that the Kingdom of Morocco is in agreement.

Please accept, Sir, the assurance of my highest consideration.

For the Kingdom of Morocco

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