Commission Regulation (EC) No 37/2004 of 9 January 2004 amending Council Regulation (EC) No 747/2001 as regards the Community tariff quotas and reference quantities for certain agricultural products originating in Morocco
Date: 2004-01-09
Institutions: European Commission
Subjects: Morocco, agricultural product, originating product, tariff quota

10.1.2004

EN

Official Journal of the European Union

L 6/3

COMMISSION REGULATION (EC) No 37/2004

of 9 January 2004

amending Council Regulation (EC) No 747/2001 as regards the Community tariff quotas and refer-
ence quantities for certain agricultural products originating in Morocco

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to 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 (1), and in particular Article 5(1)(b) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

An Agreement in the form of an Exchange of Letters has
been concluded on 22 December 2003 between the
European Community and the Kingdom of Morocco
concerning reciprocal
liberalisation measures and the
replacement of Protocols 1 and 3 to the EC-Morocco
Association Agreement. That new Agreement applies
from 1 January 2004, with the exception of the Articles
2, 4 and 5 of the new agricultural Protocol 1, hereinafter
‘the new Protocol 1’, concerning the arrangements
applicable to imports into the Community of agricultural
products originating in Morocco. Those articles apply
from 1 October 2003 in relation to the concessions
provided for tomatoes.

The new Protocol 1 provides for new tariff concessions
and for changes to the existing concessions laid down in
Annex II to Regulation (EC) No 747/2001, some of
which fall within Community tariff quotas and reference
quantities.

For certain agricultural products for which the existing
tariff concessions apply within reference quantities, the
new Protocol 1 provides for the exemption of customs
duties within tariff quotas or for the exemption of
customs duties for unlimited volumes.

To implement the tariff concessions provided for in the
new Protocol 1, it is necessary to amend Regulation (EC)
No 747/2001.

For the purpose of calculating tariff quotas for the first
year of application, it should be provided that, except
for tomatoes of CN code 0702 00 00, where the quota
period starts before the date on which the new Agree-
ment enters into force, the tariff quota volumes are to be
reduced in proportion to that part of the period which
has already elapsed before that date.

(6)

(7)

(8)

(9)

(10)

(11)

In order to facilitate the management of certain existing
tariff quotas provided for in Regulation (EC) No 747/
2001, the quantities imported within the framework of
those quotas should be taken into account for charging
on the tariff quotas opened in accordance with Regu-
lation (EC) No 747/2001, as amended by this Regu-
lation.

The new Agreement provides that tariff quotas for fresh
or chilled tomatoes are to be applied from 1 October
2003. The quantities which have been put into free
circulation in the Community from 1 October 2003
with the benefit of the existing tariff quotas for fresh or
chilled tomatoes by virtue of Regulation (EC) No 747/
2001, should therefore be taken into account for char-
ging on the tariff quotas opened in accordance with
Regulation (EC) No 747/2001, as amended by this Regu-
lation.

Under the new Protocol 1, the volume of the additional
tariff quota for fresh and chilled tomatoes applicable
from 1 November to 31 May is to depend each year on
the total volume of tomatoes originating in Morocco put
into free circulation in the Community during the
preceding period from 1 October to 31 May. Conse-
quently, the Commission should, before 1 November
each year, review the volumes put into free circulation
during the preceding period from 1 October to 31 May,
and should adopt provisions to implement any necessary
adjustment of the volume of the additional tariff quota.

it
For the tariff quotas for fresh or chilled tomatoes,
should be provided in accordance with the new Protocol
1 that, during each import season from 1 October to 31
May, unused quantities of the monthly tariff quotas may
be transferred on two specific dates to the additional
tariff quota applicable for that import season.

In accordance with the new Protocol 1, the volumes of
the tariff quotas for certain products should be increased
from 1 January 2004 to 1 January 2007, on the basis of
four annual and equal instalments, each corresponding
to 3 % of those volumes.

Since the provisions provided for in this Regulation
should apply from the date of application of the new
Agreement, it is appropriate for this Regulation to enter
into force as soon as possible.

(1) OJ L 109, 19.4.2001, p. 2. Regulation as last amended by Commis-

sion Regulation (EC) No 209/2003 (OJ L 28, 4.2.2003, p. 30).

(12)

The measures provided for in this Regulation are in
the Customs Code
accordance with the opinion of
Committee,

L 6/4

EN

Official Journal of the European Union

10.1.2004

HAS ADOPTED THIS REGULATION:

Article 2

Article 1

Regulation (EC) No 747/2001 is amended as follows:

1. The following Article 3a is inserted:

‘Article 3a

Special provisions for the tariff quotas for tomatoes
originating in Morocco

For tomatoes of CN code 0702 00 00 put into free circula-
tion in every period from 1 October to 31 May (hereinafter
“import season”) drawings on the monthly tariff quotas
applicable under order No 09.1104 from 1 October to 31
December and from 1 January to 31 March respectively,
shall be stopped each year on 15 January and on the second
working day in the Commission following 1 April. On the
following working day in the Commission, Commission
services shall determine the unused balance of each of these
tariff quotas and shall make it available within the additional
tariff quota applicable for that import season under the
order number 09.1112.

From the dates onwards on which the monthly tariff quotas
the
are stopped, any retroactive drawings from any of
stopped monthly tariff quotas and any subsequent returns
of unused volumes to any of the stopped monthly tariff
quotas shall be made on the additional tariff quota applic-
able for that import season.’

2. Annex II is replaced by the text set out in the Annex to this

Regulation.

1.
For the quota period still open on 1 January 2004, the
quantities which pursuant to Regulation (EC) No 747/2001
have been put into free circulation in the Community within
the tariff quotas with order numbers 09.1115, 09.1122,
09.1130, 09.1133, 09.1135, 09.1136 and 09.1137, shall be
taken into account for charging on the respective tariff quotas
laid down in Annex II to Regulation (EC) No 747/2001, as
amended by this Regulation.

2.
The quantities of tomatoes of CN code 0702 00 00 which
pursuant to Regulation (EC) No 747/2001 have been put into
free circulation in the Community from 1 October 2003 within
the tariff quotas with order numbers 09.1116, 09.1189 and
09.1190, shall be taken into account for charging on the tariff
quotas opened for those products from that date in accordance
with Annex II to Regulation (EC) No 747/2001, as amended by
this Regulation.

Article 3

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Union.

It shall apply from 1 January 2004, with exception of the tariff
quotas indicated in the third and fourth paragraph.

The tariff quotas under order No 09.1104 for tomatoes of CN
code 0702 00 00 shall apply from 1 October 2003.

The tariff quota under order No 09.1112 for tomatoes of CN
code 0702 00 00 shall apply from 1 November 2003.

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

Done at Brussels, 9 January 2004.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

10.1.2004

EN

Official Journal of the European Union

L 6/5

ANNEX

‘ANNEX II

MOROCCO

Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording for the description of the
products is to be considered as having no more than an indicative value, the preferential scheme being determined,
within the context of this Annex, by the coverage of the CN codes as they exist at the time of adoption of the current
regulation. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code
and corresponding description taken together.

Tariff quotas

Order No

CN code

TARIC subdi-
vision

Description of goods

Quota period

09.1135

Fresh cut flowers and flower buds
of a kind suitable for bouquets or
for ornamental purposes:

from 15.10.2003
31.5.2004

Quota volume
(in tonnes net
weight)

Quota duty

to

3 000

Exemption

0603 10 10

0603 10 20

0603 10 40

0603 10 50

— Roses

— Carnations

— Gladioli

— Chrysanthemums

from 15.10.2004
31.5.2005

from 15.10.2005
31.5.2006

from 15.10.2006
31.5.2007

to

to

to

from 15.10.2007
to
31.5.2008 and for each
period thereafter
from
15.10 to 31.5

3 090

3 180

3 270

3 360

09.1136

Fresh cut flowers and flower buds
of a kind suitable for bouquets or
for ornamental purposes:

from 15.10.2003
14.5.2004

to

2 000

Exemption

0603 10 30

0603 10 80

— Orchids

— Other

from 15.10.2004
14.5.2005

from 15.10.2005
14.5.2006

from 15.10.2006
14.5.2007

to

to

to

from 15.10.2007
to
14.5.2008 and for each
from
period thereafter
15.10 to 14.5

2 060

2 120

2 180

2 240

09.1115

ex 0701 90 50

New potatoes and so-called “new
potatoes”, fresh or chilled

from 1.12.2003
30.4.2004

ex 0701 90 90

10

from 1.12.2004
30.4.2005

from 1.12.2005
30.4.2006

from 1.12.2006
30.4.2007

to

to

to

to

from 1.12.2007
to
30.4.2008 and for each
period thereafter
from
1.12 to 30.4

120 000

Exemption

123 600

127 200

130 800

134 400

L 6/6

EN

Official Journal of the European Union

10.1.2004

Order No

CN code

TARIC subdi-
vision

Description of goods

Quota period

Quota volume
(in tonnes net
weight)

Quota duty

09.1104

0702 00 00

Tomatoes, fresh or chilled

from 1.10 to 31.10

10 000

Exemption (1) (2)

09.1104

0702 00 00

Tomatoes, fresh or chilled

from 1.11 to 30.11

26 000

Exemption (1) (2)

09.1104

0702 00 00

Tomatoes, fresh or chilled

from 1.12 to 31.12

30 000

Exemption (1) (2)

09.1104

0702 00 00

Tomatoes, fresh or chilled

from 1.1 to 31.1

30 000

Exemption (1) (2)

09.1104

0702 00 00

Tomatoes, fresh or chilled

from 1.2 to 28/29.2

30 000

Exemption (1) (2)

09.1104

0702 00 00

Tomatoes, fresh or chilled

from 1.3 to 31.3

30 000

Exemption (1) (2)

09.1104

0702 00 00

Tomatoes, fresh or chilled

from 1.4 to 30.4

15 000

Exemption (1) (2)

09.1104

0702 00 00

Tomatoes, fresh or chilled

from 1.5 to 31.5

4 000

Exemption (1) (2)

09.1112

0702 00 00

Tomatoes, fresh or chilled

from 1.11.2003
31.5.2004

from 1.11.2004
31.5.2005

from 1.11.2005
31.5.2006

to

15 000

Exemption (1) (2)

to

25 000 (3)

Exemption (1) (2)

to

35 000 (4)

Exemption (1) (2)

from 1.11.2006
to
31.5.2007 and for each
period thereafter
from
1.11 to 31.5

45 000 (5)

Exemption (1) (2)

09.1127

0703 10 11
0703 10 19

Onions,
including wild onions of
the species Muscari comosum, fresh
or chilled

from
15.5.2004

15.2

ex 0709 90 90

50

from
15.5.2005

15.2

from
15.5.2006

15.2

to

to

to

09.1102

0703 10 90
0703 20 00
0703 90 00

Shallots, garlic,
alliaceous
chilled

leeks and other
or

fresh

vegetables,

15.2

from
to
15.5.2007 and for each
period thereafter
from
15.2 to 15.5

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

1.1.

from
31.12.2007
and
each year thereafter

to
for

8 240

Exemption

8 480

8 720

8 960

1 030

Exemption

1 060

1 090

1 120

10.1.2004

EN

Official Journal of the European Union

L 6/7

Order No

CN code

TARIC subdi-
vision

Description of goods

Quota period

Quota volume
(in tonnes net
weight)

09.1106

ex 0704

Cabbages,
kohlrabi,
cauliflowers,
kale and similar edible brassicas,
fresh or chilled, excluding Chinese
cabbage

09.1109

ex 0704 90 90

20

Chinese cabbage, fresh or chilled

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

1.1.

from
31.12.2007
and
each year thereafter

to
for

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

1.1.

from
31.12.2007
and
each year thereafter

to
for

09.1108

0705 11 00

Cabbage lettuce (head lettuce), fresh
or chilled

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

1.1.

from
31.12.2007
and
each year thereafter

to
for

515

530

545

560

206

212

218

224

206

212

218

224

Quota duty

Exemption

Exemption

Exemption

09.1110

0705 19 00

0705 29 00

0706

— Lettuce (Lactuca sativa), fresh or
than cabbage

chilled, other
lettuce

from
31.12.2004

1.1.

— Chicory (Cichorium spp.),

fresh
or chilled, other than witloof
chicory

from
31.12.2005

1.1.

— Carrots, turnips, salad beetroot,
radishes and
fresh or

salsify, celeriac,
similar edible roots,
chilled

from
31.12.2006

1.1.

1.1.

from
and
31.12.2007
each year thereafter

to
for

to

to

to

618

Exemption

636

654

672

09.1137

0707 00 05

Cucumbers, fresh or chilled

09.1113

0707 00 90

Gherkins, fresh or chilled

from 1.11.2003
31.5.2004

to

5 429

Exemption (1) (6)

for each period there-
after from 1.11 to 31.5

5 600

Exemption

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

1.1.

from
31.12.2007
and
each year thereafter

to
for

103

106

109

112

09.1138

0709 10 00

Globe artichokes, fresh or chilled

from 1.11 to 31.12

500

Exemption (1) (7)

L 6/8

EN

Official Journal of the European Union

10.1.2004

Order No

CN code

TARIC subdi-
vision

Description of goods

Quota period

09.1120

Other vegetables, fresh or chilled:

0709 40 00

— Celery other than celeriac

ex 0709 51 00

90

— Mushrooms of the genus Agar-
cultivated

than

icus,
other
mushrooms

0709 59 10

0709 59 30

— Chanterelles

— Flap mushrooms

ex 0709 59 90

90

— Other mushrooms, other than

0709 70 00

cultivated mushrooms

— Spinach, New Zealand spinach
spinach (garden

and orache
spinach)

09.1133

0709 90 70

Courgettes, fresh or chilled

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

1.1.

from
31.12.2007
and
each year thereafter

to
for

Quota volume
(in tonnes net
weight)

Quota duty

9 270

Exemption

9 540

9 810

10 080

from 1.10.2003
20.4.2004

to

13 276

Exemption (1) (8)

for each period there-
after from 1.10 to 20.4

20 000

09.1143

ex 0710

09.1125

0711 40 00
0711 51 00
0711 59 00
0711 90 30
0711 90 50
0711 90 80
0711 90 90

09.1126

ex 0712

Vegetables (uncooked or cooked by
steaming or boiling in water),
frozen, excluding peas of subhead-
and
ings
0710 21 00
ex 0710 29 00
excluding
other fruits of the genus Capsicum
or
of
genus
the
subheading 0710 80 59

Pimenta

and

of

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

1.1.

from
31.12.2007
and
each year thereafter

to
for

Cucumbers and gherkins, mush-
rooms, truffles, sweet corn, onions,
other vegetables (excluding fruits of
the genus Capsicum or Pimenta) and
mixtures of vegetables, provision-
ally preserved but unsuitable in that
state for immediate consumption

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

Dried vegetables, whole, cut, sliced,
broken or
in powder, but not
further prepared, excluding onions
subheading 0712 20 00 and
of
excluding olives of ex 0712 90 90

1.1.

from
and
31.12.2007
each year thereafter

to
for

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

1.1.

from
31.12.2007
and
each year thereafter

to
for

10 300

Exemption

10 600

10 900

11 200

618

636

654

672

Exemption

2 060

Exemption

2 120

2 180

2 240

09.1122

0805 10 10
0805 10 30
0805 10 50

ex 0805 10 80

09.1130

ex 0805 20 10

10

05

Fresh oranges

from 1.12 to 31.5

300 000

Exemption (1) (9)

Fresh clementines

from 1.11.2003
29.2.2004

to

120 000

Exemp-
tion (1) (10)

for each period there-
after from 1.11 to 28/
29.2

130 000

09.1145

0808 20 90

Fresh quinces

from 1.1 to 31.12

1 000

Exemption

10.1.2004

EN

Official Journal of the European Union

L 6/9

Order No

CN code

TARIC subdi-
vision

Description of goods

Quota period

09.1128

0809 10 00

0809 20

0809 30

— Fresh apricots

— Fresh cherries

— Fresh peaches, including nectar-

ines

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

1.1.

from
31.12.2007
and
each year thereafter

to
for

Quota volume
(in tonnes net
weight)

Quota duty

3 605

Exemption (11)

3 710

3 815

3 920

09.1134

0810 50 00

Fresh kiwifruit

from 1.1 to 30.4.2004

257,5

Exemption

from 1.1 to 30.4.2005

265

from 1.1 to 30.4.2006

272,5

from 1.1 to 30.4.2007
and for
each period
thereafter from 1.1 to
30.4

280

09.1140

1509

1510 00

— Olive oil

fractions,
and its
whether or not refined, but not
chemically modified

from
31.12.2004

1.1.

— Other oils and their fractions,
obtained solely
from olives,
whether or not refined, but not
chemically modified,
including
blends of these oils or fractions
with oils or fractions of heading
1509

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

1.1.

from
31.12.2007
and
each year thereafter

to
for

09.1147

ex 2001 10 00

90

Gherkins, prepared or preserved by
vinegar or acetic acid

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

09.1142

2002 90

Tomatoes prepared or preserved
otherwise than by vinegar or acetic
acid, other than whole or in pieces

1.1.

from
31.12.2007
and
each year thereafter

to
for

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

1.1.

from
31.12.2007
and
each year thereafter

to
for

3 605

Exemption

Exemption

3 710

3 815

3 920

10 300
tonnes
drained net
weight

10 600
tonnes
drained net
weight

10 900
tonnes
drained net
weight

11 200
tonnes
drained net
weight

2 060

Exemption

2 120

2 180

2 240

L 6/10

EN

Official Journal of the European Union

10.1.2004

Order No

CN code

TARIC subdi-
vision

Description of goods

Quota period

09.1119

2004 90 50
2005 40 00
2005 59 00

Peas (Pisum sativum) and immature
beans in pod prepared or preserved
otherwise than by vinegar or acetic
acid, whether or not frozen

09.1144

2008 50 61
2008 50 69

Apricots, otherwise prepared or
preserved, not containing added
spirit, containing added sugar and
in immediate packings of a net
content exceeding 1 kg

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

1.1.

from
31.12.2007
and
each year thereafter

to
for

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

1.1.

from
31.12.2007
and
each year thereafter

to
for

09.1146

2008 50 71
2008 50 79

Apricots, otherwise prepared or
preserved, not containing added
spirit, containing added sugar and
in immediate packings of a net
content not exceeding 1 kg

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

09.1105

ex 2008 50 92

ex 2008 50 94

20

20

Apricot pulp, not containing added
spirit or sugar, in immediate pack-
ings of a net content of 4,5 kg or
more

1.1.

from
and
31.12.2007
each year thereafter

to
for

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

1.1.

from
31.12.2007
and
each year thereafter

to
for

Quota volume
(in tonnes net
weight)

Quota duty

10 815

Exemption

11 130

11 445

11 760

10 300

Exemption

10 600

10 900

11 200

5 150

Exemption

5 300

5 450

5 600

10 300

Exemption

10 600

10 900

11 200

09.1148

2008 50 99

Apricots, otherwise prepared or
preserved, not containing added
spirit or sugar, in immediate pack-
ings of a net content of less than
4,5 kg

from
31.12.2004

1.1.

to

7 416

Exemption

ex 2008 70 98

21

Peach halves (including nectarines),
otherwise prepared or preserved,
not
containing added spirit or
sugar, in immediate packings of a
net content of less than 4,5 kg

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

1.1.

from
31.12.2007
and
each year thereafter

to
for

7 632

7 848

8 064

10.1.2004

EN

Official Journal of the European Union

L 6/11

Quota duty

Exemption

Quota volume
(in tonnes net
weight)

103

106

109

112

51 500

Exemption (1)

53 000

54 500

56 000

1 030

Exemption (1)

1 060

1 090

1 120

98 056 hl

Exemption

100 912 hl

103 768 hl

106 624 hl

Order No

CN code

TARIC subdi-
vision

Description of goods

Quota period

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

1.1.

from
31.12.2007
and
each year thereafter

to
for

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

1.1.

from
31.12.2007
and
each year thereafter

to
for

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

1.1.

from
31.12.2007
and
each year thereafter

to
for

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

1.1.

from
and
31.12.2007
each year thereafter

to
for

09.1149

2008 92 51
2008 92 59
2008 92 72
2008 92 74
2008 92 76
2008 92 78

Mixtures of fruit, containing added
sugar, but not containing added
spirit

09.1123

2009 11
2009 12 00
2009 19

Orange juice

09.1192

2009 21 00
2009 29

Grapefruit juice

Other sparkling wine

Other wine of fresh grapes

09.1131

2204 10 19
2204 10 99

2204 21 10

2204 21 79

ex 2204 21 80

2204 21 83

ex 2204 21 84

ex 2204 21 94

ex 2204 21 98

ex 2204 21 99
2204 29 10
2204 29 65

ex 2204 29 75
2204 29 83

ex 2204 29 84

ex 2204 29 94

ex 2204 29 98

ex 2204 29 99

72
79
80

10
72
79
80

10
30

10
30

10

10

10
30

10
30

10
30

10

L 6/12

EN

Official Journal of the European Union

10.1.2004

Order No

CN code

TARIC subdi-
vision

Description of goods

Quota period

09.1107

ex 2204 21 79

ex 2204 21 80

ex 2204 21 83

ex 2204 21 84

72

72

72

72

entitled to one of

Wines
the
following designations of origin:
Berkane, Saïs, Beni M'Tir, Guer-
rouane, Zemmour and Zennata, of
an actual alcoholic strength by
volume not exceeding 15 % vol and
in containers holding 2 l or less

from
31.12.2004

1.1.

from
31.12.2005

1.1.

from
31.12.2006

1.1.

to

to

to

1.1.

from
31.12.2007
and
each year thereafter

to
for

Quota volume
(in tonnes net
weight)

Quota duty

57 680 hl

Exemption

59 360 hl

61 040 hl

62 720 hl

(4)

(3)

The exemption applies only to the ad valorem duty.

(1)
(2) Within this tariff quota the specific duty provided in the Community's list of concessions to the WTO is reduced to zero if the entry price is not less than EUR 461/
tonne, being the entry price agreed between the European Community and Morocco. If the entry price of a consignment is 2, 4, 6 or 8 % lower than the agreed entry
price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of
the agreed entry price, the specific customs duty bound within the WTO shall apply.
This quota volume shall be reduced to 5 000 tonnes net weight if the total volume of tomatoes originating in Morocco put into free circulation in the Community
during the period of 1 October 2003 to 31 May 2004 exceeds the volume of 191 900 tonnes net weight.
This quota volume shall be reduced to 15 000 tonnes net weight if the total volume of tomatoes originating in Morocco put into free circulation in the Community
during the period of 1 October 2004 to 31 May 2005 exceeds the sum of the volumes of the monthly tariff quotas with order number 09.1104 applicable during the
period of 1 October 2004 to 31 May 2005 and the volume of the additional tariff quota with order number 09.1112 applicable during the period of 1 November
2004 to 31 May 2005. For the determination of the total imported volume a maximum tolerance of 1 % shall be allowed.
This quota volume shall be reduced to 25 000 tonnes net weight if the total volume of tomatoes originating in Morocco put into free circulation in the Community
during the period of 1 October 2005 to 31 May 2006 exceeds the sum of the volumes of the monthly tariff quotas with order number 09.1104 applicable during the
period of 1 October 2005 to 31 May 2006 and the volume of the additional tariff quota with order number 09.1112 applicable during the period of 1 November
2005 to 31 May 2006. For the determination of the total imported volume a maximum tolerance of 1 % shall be allowed. These provisions will apply to the volume
of each thereafter provided additional tariff quota that will apply from 1.11 to 31.5.

(5)

(6) Within this tariff quota the specific duty provided in the Community's list of concessions to the WTO is reduced to zero if the entry price is not less than EUR 449/
tonne, being the entry price agreed between the European Community and Morocco. If the entry price of a consignment is 2, 4, 6 or 8 % lower than the agreed entry
price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of
the agreed entry price, the specific customs duty bound within the WTO shall apply.

(7) Within this tariff quota the specific duty provided in the Community's list of concessions to the WTO is reduced to zero if the entry price is not less than EUR 571/
tonne, being the entry price agreed between the European Community and Morocco. If the entry price of a consignment is 2, 4, 6 or 8 % lower than the agreed entry
price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of
the agreed entry price, the specific customs duty bound within the WTO shall apply.

(8) Within this tariff quota the specific duty provided in the Community's list of concessions to the WTO is reduced to zero if the entry price is not less than:
— EUR 424/tonne from 1 October to 31 January and from 1 to 20 April, being the entry price agreed between the European Community and Morocco,
— during the period from 1 February to 31 March the WTO entry price of EUR 413/tonne which is more favourable than the agreed entry price shall apply.
If the entry price of a consignment is 2, 4, 6 or 8 % lower than the agreed entry price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of
this agreed entry price. If the entry price of a consignment is less than 92 % of the agreed entry price, the specific customs duty bound within the WTO shall apply.
(9) Within this tariff quota the specific duty provided in the Community's list of concessions to the WTO is reduced to zero if the entry price is not less than EUR 264/
tonne, being the entry price agreed between the European Community and Morocco. If the entry price of a consignment is 2, 4, 6 or 8 % lower than the agreed entry
price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of
the agreed entry price, the specific customs duty bound within the WTO shall apply.

(10) Within this tariff quota the specific duty provided in the Community's list of concessions to the WTO is reduced to zero if the entry price is not less than EUR 484/
tonne, being the entry price agreed between the European Community and Morocco. If the entry price of a consignment is 2, 4, 6 or 8 % lower than the agreed entry
price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of
the agreed entry price, the specific customs duty bound within the WTO shall apply.

(11) The exemption applies only to the ad valorem duty, except for fresh cherries for which from 1 to 20 May the exemption also applies to the specific minimum duty.’