CELEX: 51994PC0649
Language: en
Date: 1994-12-13
Title: Proposal for a COUNCIL DECISION on the conclusion of an agreement in the form of an exchange of letters between the European Community, of the first part, and the Kingdom of Morocco, of the second part, on the regime for imports into the European Community of tomatoes and courgettes originating in and imported from Morocco

COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(94) 649 final
                                            Brussels, 13.12.1994
                                            94/0289 (ACC)
                             Proposal for a
                           COUNCIL DECISION
     on t h e conclusion of an agreement in the form of an
                             exchange of
  letters between the European Community, of the first part,
        and the Kingdom of Morocco, of the second part,
   on the regime for imports into the European Community of
   tomatoes and courgettes originating in and imported from
                                Morocco
                     (presented by the Commission)
 ---pagebreak---  ---pagebreak---                       - a. -
                   EXPLANATORY MEMORANDUM
Following the agreements concluding the Uruguay Round of
GATT trade negotiations, some changes have been made to the
present legislation on imports into the Community of
tomatoes and courgettes as from 1 January 1995.
An additional specific duty will be levied on imports of the
two products for a period during which there would have been
no charge previously. A country can be exempted from this
specific duty if a given entry price is complied with. This
regime could have a negative effect on the Community's
traditional imports from Morocco.
Article 25 of the Cooperation Agreement between the European
Economic Community and the Kingdom of Morocco provides for
adjustments to the Agreement when changes are made in the
current rules.
Negotiations were held and an agreement was reached with the
Kingdom of Morocco which enables the concessions previously
granted for traditional Community imports of tomatoes and
courgettes originating in and imported from Morocco to be
maintained.
This agreement must enter into force on 1 January 1995.
The agreement is contained in an exchange of letters
 (attached), which the Commission herewith recommends to the
Council for adoption.
For the agreement to enter into force in time, the detailed
rules for implementing it must be fixed now.
 ---pagebreak---                              - 4 -
                       COUNCIL DECISION
     on the conclusion of an agreement in the form of an
 exchange of letters between the European Community, of the
 first part, and the Kingdom of Morocco, of the second part,
   on the regime for imports into the European Community of
   tomatoes and courgettes originating in and imported from
                            Morocco
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Article 113 in conjunction with
the first sentence of Article 228(2) thereof,
Having regard to the proposal from the Commission,
Whereas, in the context of the Uruguay Round of multilateral
trade negotiations the import regime for tomatoes and
courgettes has been changed;
Whereas Article 25 of the Cooperation Agreement between the
European Economic Community and the Kingdom of Morocco
provides that, where the existing rules are changed, the
Community may amend the regime set out in the Agreement for
the products concerned;
Whereas the Community has agreed with the Kingdom of Morocco
that the said regime will be adjusted on the basis of an
agreement in the form of an exchange of letters;
Whereas this agreement should now be approved;
Whereas it is also necessary to determine the detailed rules
for implementing the said agreement,
HAS DECIDED AS FOLLOWS:
                           Article 1
The agreement in the form of an exchange of letters between
the European Community, of the first part, and the Kingdom
of Morocco, of the second part, on the regime for imports
into the European Community of tomatoes and courgettes
originating in and imported from Morocco is hereby approved
on behalf of the European Community.
The text of this agreement is attached to this Decision.
 ---pagebreak---                             Article 2
The President of the Council is hereby authorized to
designate the person empowered to sign the ex-change of
letters on behalf of the European Community.
                            Article 3
The detailed arrangements for implementing this agreement,
including possible surveillance measures, shall be adopted,
as appropriate, in accordance with the procedure set out in
Article 33 of Regulation (EEC) No 1035/72 of 18 May 1972 on
the common organization of the market in fruit and
vegetables1 or in accordance with the provisions of
Regulation (EC) No 1981/94 opening and providing for the
administration of Community tariff quotas for certain
products originating in Algeria, Cyprus, Egypt, Israel,
Jordan, Malta, Morocco, the Occupied Territories, Tunisia
and Turkey, and providing detailed     rules for extending and
adapting these tariff quotas2.
Where implementation of the agreement calls for close
cooperation with the Kingdom of Morocco, the Commission may
take all necessary steps to ensure such cooperation.
Done at ....                               Por the Council
 1         OJ-No I* 118. 20.05.1972, p.l
 2         O J K o L 199, 2.8.1994, p. 1
 ---pagebreak---                                 - 6 -
                             AGREEMENT
  in the form of an exchange of letters between the European
    Community and the Kingdom of Morocco on the regime for
      imports into the European Community of tomatoes and
  courgettes originating in and imported from the Kingdom of
                               Morocco
                            Letter No 1
Brussels,
Sir,
I have the honour to refer to the consultations which have
taken place between the Moroccan authorities and officials
of the Commission of the European Communities concerning the
application to agricultural products of the outcome of the
Uruguay round of multilateral trade negotiations.
The purpose of these consultations was to investigate the
possibility, pursuant to Article 25 of the Cooperation
Agreement, of according to imports originating in and
imported from Morocco an advantage comparable to that
provided for in the Cooperation Agreement between the
European Economic Community and the Kingdom of Morocco.
The    consultations   led    to   agreement   on  the   following
arrangements.
1.          For fresh tomatoes     under heading NC 07.02.00.10:
 (a)        for each five-month period from 1 November to 31
            March, for a maximum quantity of 130 000 tonnes,
            distributed as follows over the five months:
                 November:   .16  304 T
                 December:   .32  690 T
                 January:    .27  756 T
                 February:   .29  594 T
                 March:      .23  656 T
                 total       .130 000 T
            the entry price beyond which the specific duty is
            cut   to   zero     shall   be   ECU 560   per   tonne
            (hereinafter referred to as the agreed entry
            price);
 (b)        for the period from 1 January to 31 March 1995,
            the maximum quantity shall be 81 006 tonnes,
            distributed over the three months as shown above;
 (c)        if, in the course of a given month, the quantities
            provided for have not been achieved, the remaining
            amount up to a maximum of 10% of the total for
            that month may be carried over to the following
            month;
 ---pagebreak--- (d)       in any given month, the quantity laid down may be
          exceeded by up to 10% provided the total for the
          period does not exceed 130 000 tonnes (or 81 006
          tonnes for the period from 1 January to 31 March
          1995).
2.        For fresh courgettes under heading NC 07.09.90.70:
(a)       for each period from 1 October to 20 April, for a
          maximum quantity of 1 200 tonnes, the entry price
          beyond which the specific duty is cut to zero
          shall be ECU 451 per tonne (hereinafter referred
          to as the agreed entry price);
(b)       for the period from 1 January to 20 April 1995,
          the maximum quantity shall be 1 000 tonnes.
3.         (a) If the entry price for a consignment is lower
than the agreed entry price by 2%, 4%, 6% or 8%, the
specific customs duty shall be equal to 2%, 4%, 6% or 8% of
the said agreed price.
 (b)      If the entry price for a consignment is less than
          92% of the agreed price, the specific rate of
          customs duty bound in GATT shall apply.
4.        The Kingdom of Morocco undertakes to ensure that
total exports of tomatoes and courgettes to the European
Community in the course of the periods concerned shall not
exceed the quantities agreed. To this end, it shall inform
the Commission of the European Communities, every Tuesday
for tomatoes, and once a month for courgettes, of the
quantities exported during the preceding week or month.
The Commission reserves the right to introduce a system of
import  licences to ensure proper application of        this
arrangement.
The Kingdom of Morocco and the European Community shall
consult together at all times, at the request of either
party, on the operation of the system.
5.        The purpose of this agreement is to maintain the
level of traditional Moroccan exports to the Community, i.e.
the average volume of exports recorded during the crop years
1990/91, 1991/92 and 1992/93.
The parties shall consult together each year, in the course
of the second quarter, to consider trade during the previous
crop year; they shall take any steps necessary to ensure
that this purpose is fully achieved for the forthcoming crop
year.
6.        The quantity of 130 000 tonnes, agreed for imports
of tomatoes from 1 November to 31 March, shall be adjusted
in the light of the average exports from Morocco to the new
Member States (average for 1990/91, 1991/92 and 1992/93)
over the same five-month period.
 ---pagebreak---                               8 -
7.        The regime set out in this agreement shall be
incorporated in the new agreement to be concluded between
the European Community and the Kingdom of Morocco.
8.        The provisions of this        agreement    shall   be
applicable from 1 January 1995.
This exchange of letters shall be approved by the
Contracting   Parties in accordance with their normal
procedures.
Please   accept,   Sir,   the   assurance   of    my    highest
consideration.
On behalf of the Council
of the European Communities
 ---pagebreak---                           Letter No 2
Rabat,
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 consultations which have
taken place between the Moroccan authorities and officials
of the Commission of the European Communities concerning the
application to agricultural products of the outcome of the
Uruguay round of multilateral trade negotiations.
The purpose of these consultations was to investigate the
possibility, pursuant to Article 25 of the Cooperation
Agreement, of according to imports originating in and
imported from Morocco an advantage comparable to that
provided for in the Cooperation Agreement between the
European Economic Community and the Kingdom of Morocco.
The   consultations   led   to  agreement   on  the   following
arrangements.
1.         For fresh tomatoes   under heading NC 07.02.00.10:
 (a)       for each five-month period from 1 November to 31
           March, for a maximum quantity of 130 000 tonnes,
           distributed as follows over the five months:
                November:  .16 3 04 T
                December:  .32 690  T
                January:   .27 756  T
                February:  .29 594  T
                March:     .23 656  T
                total      .130 000 T
           the entry price beyond which the specific duty is
           cut   to   zero   shall    be  ECU 560   per   tonne
           (hereinafter referred to as the agreed entry
           price);
 (b)       for the period from 1 January to 31 March 1995,
           the maximum quantity shall be 81 006 tonnes,
           distributed over the three months as shown above;
 (c)       if, in the course of a given month, the quantities
           provided for have not been achieved, the remaining
           amount up to a maximum of 10% of the total for
           that month may be carried over to the following
           month;
 (d)       in any given month, the quantity laid down may be
           exceeded by up to 10% provided the total for the
           period does not exceed 130 000 tonnes (or 81 006
           tonnes for the period from 1 January to 31 March
           1995).
 ---pagebreak---                             - 10 -
2.        For fresh courgettes under heading NC 07.09.90.70:
(a)       for each period from 1 October to 20 April, for a
          maximum quantity of 1 200 tonnes, the entry price
          beyond which the specific duty is cut to zero
          shall be ECU 451 per tonne (hereinafter referred
          to as the agreed entry price);
(b)       for the period from 1 January to 20 April 1995,
          the maximum quantity shall be 1 000 tonnes.
3.         (a) If the entry price for a consignment is lower
than the agreed entry price by 2%, 4%, 6% or 8%, the
specific customs duty shall be equal to 2%, 4%, 6% or 8% of
the said agreed price.
(b)       If the entry price for a consignment is less than
          92% of the agreed price, the specific rate of
          customs duty bound in GATT shall apply.
4.        The Kingdom of Morocco undertakes to ensure that
total exports of tomatoes and courgettes to the European
Community in the course of the periods concerned shall not
exceed the quantities agreed. To this end, it shall inform
the Commission of the European Communities, every Tuesday
for tomatoes, and once a month for courgettes, of the
quantities exported during the preceding week or month.
The Commission reserves the right to introduce a system of
import  licences to ensure proper application of        this
arrangement.
The Kingdom of Morocco and the European Community shall
consult together at all times, at the request of either
party, on the operation of the system.
5.        The purpose of this agreement is to maintain the
level of traditional Moroccan exports to the Community, i.e.
the average volume of exports recorded during the crop years
1990/91, 1991/92 and 1992/93.
The parties shall consult together each year, in the course
of the second quarter, to consider trade during the previous
crop year; they shall take any steps necessary to ensure
that this purpose is fully achieved for the forthcoming crop
year.
6.        The quantity of 130 000 tonnes, agreed for imports
of tomatoes from 1 November to 31 March, shall be adjusted
in the light of the average exports from Morocco to the new
Member States (average for 1990/91, 1991/92 and 1992/93)
over the same five-month period.
 ---pagebreak---                             - 11 -
7.        The regime set out in this agreement shall be
incorporated in the new agreement to be concluded between
the European Community and the Kingdom of Morocco.
8.        The provisions of this        agreement    shall   be
applicable from 1 January 1995.
This exchange of letters shall be approved by the
Contracting   Parties in accordance with their normal
procedures.
Please   accept,   Sir,   the   assurance   of    my    highest
consideration."
I have the honour to confirm that the Kingdom of Morocco is
in agreement with the contents of your letter.
Please   accept,   Sir,   the   assurance   of    my    highest
consideration.
For the Kingdom of Morocco
 ---pagebreak---                                                                      ESN 0254-1475
                                                              COM(94) 649 final
                                                      DOCUMENTS
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