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
Date: 2002-11-12
Institutions: European Commission
Subjects: Morocco, fruit vegetable, import (EU), tariff quota, trade agreement (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 12.11.2002
COM(2002) 620 final

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

(presented by the Commission)

1. 

2. 

3. 

4. 

5. 

6. 

7. 

EXPLANATORY MEMORANDUM

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.

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.

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.

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.

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
the
Community  of  tomatoes  originating  in  Morocco,  without  prejudice 
comprehensive negotiation of the agricultural arrangements.

to 

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.

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.

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.

2

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 20001, 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.

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  Morocco2 lays  down
temporary measures concerning the tomatoes for the period from 1 November 2001 to
31 May 2002. 

1

2

OJ L 70, 18.3.2000, p.1.
OJ L 305, 21.11.2001, p.20.

3

                                                
(3) 

(4) 

(5) 

(6) 

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.

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.

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.

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 934/953.

(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.

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).

4

                                                
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

5

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.

2.

3.

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.

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:
December 2002:
April 2003:
May 2003:

4 000 tonnes
2 000 tonnes
7 500 tonnes
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.

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.

6

4.

5.

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.

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

7

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.

2.

3.

4.

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.

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:
December 2002:
April 2003:
May 2003:

4 000 tonnes
2 000 tonnes
7 500 tonnes
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.

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.

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.

8

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

9

1.

2.

3.

4.

5.

5.0

5.1

FINANCIAL STATEMENT

Adonis 31237

DATE: 10/10/02
APPROPRIATIONS:

BUDGET HEADING:
Chapter 10 – Agricultural duties
TITLE:
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
LEGAL BASIS:
Article 133 of the Treaty
AIMS:
To grant, on certain conditions, additional quotas for tomatoes originating in Morocco
FINANCIAL IMPLICATIONS

12 MONTH
PERIOD

(EUR million)
p.m.

CURRENT
FINANCIAL
YEAR
2002
(EUR million)
-

FOLLOWING
FINANCIAL
YEAR
2003
(EUR million)
p.m.

CHARGED TO THE EC BUDGET

NATIONAL AUTHORITIES
OTHER

EXPENDITURE
-
(REFUNDS/INTERVENTIONS)
-
-
REVENUE
-
(LEVIES/CUSTOMS DUTIES)
NATIONAL
-

OWN RESOURCES OF THE EC

5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE
5.2 METHOD OF CALCULATION:

p.m.

-

p.m.

2004
-
-

2005
-
-

2006
-
-

2007
-
-

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?
6.3 WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS?
OBSERVATIONS:

YES NO

YES NO
YES NO
YES NO

10