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 No 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: 2002-11-29
Institutions: European Community, Morocco
Subjects: EU production, Morocco, association agreement (EU), derogation from EU law, fruit vegetable, import, originating product, quantitative restriction, tariff quota

10.12.2002

EN

Official Journal of the European Communities

L 333/23

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 Agricul-
tural Protocol No 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, 29.11.2002

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 Agricultural Protocol No 1 to the
Association 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 No 1 and No 3 to the
Association 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 No 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 No 1 to the Association Agree-

ment are increased as follows for the 2002/2003 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 No 1 to the Association 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 Association 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 No 1 and No 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 Association Agreement between the Community and the Kingdom
of Morocco are not concluded before 31 December 2002.

L 333/24

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Official Journal of the European Communities

10.12.2002

This Agreement shall be approved by the Contracting Parties in accordance with their respective proce-
dures.

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 European Community

10.12.2002

EN

Official Journal of the European Communities

L 333/25

B. Letter from the Kingdom of Morocco

Brussels, 29.11.2002

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 No 1 to the Association
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 No 1 and No 3
to the Association 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 No 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 No 1 to the Association

Agreement are increased as follows for the 2002/2003 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 No 1 to the Association Agree-
ment 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 Association 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 No 1 and No 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 negotia-
tions now in hand under Article 18 of the Association 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 proce-
dures.

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

L 333/26

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Official Journal of the European Communities

10.12.2002

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