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
Date: 2001-10-17
Institutions: European Commission
Subjects: Japan, fruit vegetable, import (EU), originating product, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 17.10.2001
COM(2001) 596 final

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

(presented by the Commission)

EXPLANATORY MEMORANDUM

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.

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:
December 2001:
April 2002:
May 2002:

4 000 tonnes
2 000 tonnes
7 500 tonnes
4 581 tonnes.

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.

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.

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.

The Council is requested to adopt the proposed Regulation.

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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 Commission1,

Whereas:

(1)

(2)

(3)

(4)

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 part2.

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.

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.

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 934/953 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,

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OJ C …, …, p. ...
OJ L 70, 18.3.2000, p. 1.
OJ L 109, 19.4.2001, p. 2.

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HAS ADOPTED THIS REGULATION:

Article 1

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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.

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:

Order No

CN code

Description

Quota period

09.1191

0702 00 00

Tomatoes, fresh
or chilled

from 1.4.2002
to 31.5.2002

Quota volume
(tonnes)

Tariff quota
duty

12 081

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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.

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:
December 2001:
April 2002:
May 2002:

4 000 tonnes
2 000 tonnes
7 500 tonnes
4 581 tonnes.

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Under this tariff quota, the specific duty provided for in the list of Community concessions to the World
Trade Organisation (WTO) shall be reduced to zero if the entry price is EUR 461 or more per tonne,
this being the entry price agreed between the European Community and Morocco. If the entry price of a
particular consignment is 2%, 4%, 6% or 8% below the agreed entry price, the specific customs duty
under the quota shall be 2%, 4%, 6% or 8% of the agreed entry price, as appropriate. If the entry price
of a particular consignment is below 92% of the agreed entry price, the specific customs duty bound in
the WTO shall apply.

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

Article 3

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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5.0

5.1

FINANCIAL STATEMENT

BUDGET HEADING:
Chapter 10 - Agricultural duties

APPROPRIATIONS:

TITLE:
Council Regulation introducing certain temporary autonomous concessions in the form of Community
tariff quotas applicable to imports into the Community of tomatoes originating in Morocco.

LEGAL BASIS:
Article 133 of the Treaty

AIMS:
To grant, on certain conditions, additional autonomous quotas for tomatoes originating in Morocco.

FINANCIAL IMPLICATIONS

CHARGED TO THE EC BUDGET

EXPENDITURE
-
(REFUNDS/INTERVENTIONS)
-
-

NATIONAL AUTHORITIES
OTHER

OWN RESOURCES OF THE EC

REVENUE
-
(LEVIES/CUSTOMS DUTIES)
-

NATIONAL

5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE

5.2 METHOD OF CALCULATION:

PERIOD OF
12 MONTHS

(EUR million)

CURRENT
FINANCIAL
YEAR 2001
(EUR million)

FOLLOWING
FINANCIAL
YEAR 2002
(EUR million)

p.m.

p.m.

p.m.

p.m.

p.m.

p.m.

2003

2004

2005

2006

-
-

-
-

-
-

-
-

6.0

6.1

CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN
THE RELEVANT CHAPTER OF THE CURRENT BUDGET?

CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS
OF THE CURRENT BUDGET?

6.2 WILL A SUPPLEMENTARY BUDGET BE NECESSARY?

YES / NO

YES / NO

YES / NO

6.3 WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS?

YES / NO

OBSERVATIONS:

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