Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Morocco concerning reciprocal liberalisation measures and the replacement of the agricultural protocols to the EC-Morocco Association Agreement - Protocol No


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22003A1231(04)
 
Agreement in the form of an Exchange of Letters between the European
Community and the Kingdom of Morocco concerning reciprocal
liberalisation measures and the replacement of the agricultural
protocols to the EC-Morocco Association Agreement - Protocol No 1 on
the arrangements applying to imports into the Community of
agricultural products originating in Morocco - Protocol No 3
concerning the arrangements applicable to imports into Morocco of
agricultural products originating in the Community
 
Official Journal L 345 , 31/12/2003 P. 0119 - 0149 
 
Dates:
of effect:   01/01/2004; Partial implementation See Pt 4
of effect:   01/10/2003; Partial implementation See Pt 4
of effect:   30/12/2003; Entry into force See 22004X0203(02)
of signature:   00/00/0000; Brussels
end of validity:   99/99/9999
 
Author:
European Community ; Morocco
 
Subject matter: External relations ; Commercial policy ; Agriculture
Directory code: 11401020
EUROVOC descriptor: EC association agreement ; Morocco ;
agricultural trade ; agricultural product ; liberalisation of trade
 
Legal basis:
102E133................... Adoption
102E300-P2L1FR1........... Adoption
Amendment to:
200A0318(01)...... Amendment..... Amendment ART 18 from 01/01/2004
200A0318(01)...... Amendment..... Replacement PROT 1 from 01/01/2004
200A0318(01)...... Amendment..... Replacement PROT 3 from 01/01/2004
Amended by:
Adopted by.... 303D0914.......... from 22/12/2003
Subsequent related instruments:
Relation...... 204X0203(02)......
 
 
 
 
Agreement in the form of an Exchange of Letters
between the European Community and the Kingdom of Morocco concerning
reciprocal liberalisation measures and the replacement of the
agricultural protocols to the EC-Morocco Association Agreement
 
A. Letter from the European Community
Brussels, ...
Sir,
I have the honour to refer to the negotiations which have been held
under 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, and which provides
that the Community and Morocco will gradually implement greater
liberalisation of their reciprocal trade in agricultural products.
The negotiations to that end were held in accordance with Article
18(1) of the Euro-Mediterranean Agreement, which 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.
On the conclusion of the negotiations the two Parties agreed to the
following:
1. Protocols 1 and 3 to the Association Agreement shall be replaced
by the protocols annexed hereto.
2. In the first paragraph of Article 18 of the Association
Agreement, the dates "1 January 2000" and "1 January 2001" shall be
replaced by "1 January 2007" and "1 January 2008".
3. The Agreement in the form of an Exchange of Letters between the
Community and the Kingdom of Morocco annexed to the Association
Agreement, relating to Article 1 of Protocol 1 and concerning
imports into the Community of fresh cut flowers and flower buds
falling within subheading 0603 10 of the common customs tariff is
hereby repealed.
4. This Agreement shall apply from 1 January 2004, except for
Articles 2, 4 and 5 of Protocol 1, which shall apply to tomatoes
from 1 October 2003.
I should be obliged if you would confirm that your Government is in
agreement with the contents of this letter.
Please accept, Sir, the assurance of my highest consideration.
 
On behalf of the Council of the European Union
 
B. Letter from Morocco
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 negotiations which have been held
under 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, and which provides
that the Community and Morocco will gradually implement greater
liberalisation of their reciprocal trade in agricultural products.
The negotiations to that end were held in accordance with Article
18(1) of the Euro-Mediterranean Agreement, which 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.
On the conclusion of the negotiations the two Parties agreed to the
following:
1. Protocols 1 and 3 to the Association Agreement shall be replaced
by the protocols annexed hereto.
2. In the first paragraph of Article 18 of the Association
Agreement, the dates '1 January 2000' and '1 January 2001' shall be
replaced by '1 January 2007' and '1 January 2008'.
3. The Agreement in the form of an Exchange of Letters between the
Community and the Kingdom of Morocco annexed to the Association
Agreement, relating to Article 1 of Protocol 1 and concerning
imports into the Community of fresh cut flowers and flower buds
falling within subheading 0603 10 of the common customs tariff is
hereby repealed.
4. This Agreement shall apply from 1 January 2004, except for
Articles 2, 4 and 5 of Protocol 1, which shall apply to tomatoes
from 1 October 2003.
I should be obliged if you would confirm that your Government is in
agreement with the contents of this letter."
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
 
 
 
 
Protocol No 1
on the arrangements applying to imports into the Community of
agricultural products originating in Morocco
 
Article 1
1. The products listed in Annex 1.A, originating in Morocco, shall
be admitted for import into the Community in accordance with the
conditions set out below and in that Annex.
2. Import duties shall be either eliminated or reduced by the
percentage indicated for each product in column (a) of Annex 1.A.
Where the common customs tariff provides for the application of ad
valorem customs duties and a specific customs duty for certain
products marked with an asterisk in column (a) or (c), the rates of
reduction shown in column (a) and in column (c), as referred to in
paragraph 3, shall apply only to the ad valorem customs duty.
3. The customs duties for certain products shall be eliminated
within the limits of the tariff quotas shown against them in column
(b) of Annex 1.A.
For the quantities imported in excess of the quotas, the common
customs duties shall be reduced at the rates indicated in column (c)
of that Annex.
For the first year of application of the Agreement, except for
tomatoes falling within CN code 0702 00 00, the volumes of the
tariff quotas for which the quota period began before the entry into
application of this agreement shall be calculated as a pro rata of
the basic volumes, taking into account the part of the period which
elapsed before the date of entry into force of this Agreement.
4. For some of the products listed in Annex 1.A and indicated in
column (d), the quotas shall be increased from 1 January 2004 to 1
January 2007 on the basis of four equal instalments, each
corresponding to 3 % of the quota amounts.
5. If the Community reduces the most-favoured-nation duties it
applies, the phasing-out of tariffs as indicated in columns (a) and
(c) shall apply to the said reduced duties.
 
Article 2
1. For fresh or chilled tomatoes falling within CN code 0702 00 00,
for each period from 1 October to 31 May, hereinafter called
"marketing years", under the following tariff quotas and subject to
paragraph 2 below:
>TABLE POSITION>
(a) ad valorem customs duties shall be eliminated,
(b) the entry price level from which specific duties will be reduced
to zero, hereinafter called the "agreed entry price", shall be EUR
461 per tonne.
2. When the total quantity of tomatoes originating in Morocco
released for free circulation in the Community during a given
marketing year does not exceed the sum of the basic monthly quotas
and the additional quota applicable for that marketing year, the
additional quota for the following marketing year shall be that
indicated at line A in paragraph 1 above. Where that condition is
not met during a given marketing year, the additional quota for the
following year shall be that indicated at line B in paragraph 1
above. However, a maximum tolerance of 1 % shall be accepted for the
purpose of assessing whether this condition has been met.
3. Morocco undertakes to ensure that no more than 30 % of this
additional quota is used during any one month.
4. Drawings on the basic monthly tariff quotas shall be stopped on
15 January for the months from October to December each marketing
year and on the second working day after 1 April for the months from
January to March. The following working day, the Commission shall
determine the unused quantities under the basic monthly quotas
concerned, and these shall be transferred to the additional quota
for that marketing year. From the above dates, all retroactive
applications under one of the basic monthly tariff quotas which has
been closed and any unused quantities to be returned to those quotas
shall be taken from or placed in the additional tariff quota for the
marketing year concerned.
 
Article 3
For the products listed below, the agreed entry price level from
which specific duties will be reduced to zero during the periods
indicated shall be those set out below, and the ad valorem customs
duties shall be eliminated for the quantities and periods fixed in
this Article.
>TABLE POSITION>
 
Article 4
For the products referred to in Articles 2 and 3:
- 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;
- 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;
- these agreed entry prices shall be reduced in the same proportions
and at the same pace as the entry prices bound in the WTO.
 
Article 5
1. The aim of the specific arrangements provided for in Articles 2
and 3 of this Protocol shall be to preserve the level of Morocco's
traditional exports to the Community and to avoid disturbing
Community markets.
2. In order to ensure that the aim described in the first paragraph
and Articles 2 and 3 is fully achieved and to improve market
stability and continuity of supply, the two Parties shall hold
consultations during the second quarter of each year, or at any time
if one of the Parties so requests, no more than three working days
after such a request.
Consultations shall cover trade during the previous marketing year
and the outlook for the coming marketing year, in particular the
market situation, production forecasts, estimated production and
export prices and possible market developments.
Where necessary, the Parties shall take the necessary steps to
ensure that the aim described in the first paragraph of this Article
and in Articles 2 and 3 is fully achieved.
3. Without prejudice to other provisions of this Agreement, if,
given the particular sensitivity of the agricultural markets,
imports of products originating in Morocco which are the subject of
concessions granted under this Protocol cause serious disturbance to
Community markets within the meaning of Article 25 of the Agreement,
both Parties shall hold consultations immediately to find an
appropriate solution. Pending such solution, the Community may take
the measures it deems necessary.
 
Article 6
Wine originating in Morocco bearing a registered designation of
origin shall be accompanied by a certificate indicating the origin
in accordance with the model in Annex I.B to this Protocol or by a V
I 1 or V I 2 document annotated in accordance with Article 25 of
Regulation (EC) No 883/2001 on the certificates and analyses
required for imports of wine, grape juice and grape must.
 
 
 
 
ANNEX 1A
 
 
>TABLE POSITION>
 
 
ANNEX 1B
 
 
>PIC FILE= "L_2003345EN.013402.TIF">
 
 
Protocol No 3
concerning the arrangements applicable to imports into Morocco of
agricultural products originating in the Community
 
Article 1
1. The import duties on imports into Morocco of products originating
in the Community as listed in the Annex hereto shall be as set in
column (a) of the Annex. The successive reductions provided for in
this Agreement shall be made by the percentages indicated in columns
(c), (e), (g), (i) and (k) for the quantities covered by the tariff
quotas indicated in columns (b), (d), (f), (h) and (j).
2. Without prejudice to paragraph 3, if any erga omnes tariff
reduction is applied after this Agreement has been signed, the
reduced duty shall replace the duties indicated in column (a) of the
Annex for the purposes of paragraph 1 as from the date when that
reduction is applied.
3. For products falling within CN code ex 1001 90 99 as referred to
in the Annex, the duty indicated in column (a) of the Annex shall be
that applied on 1 October 2003 and shall remain at or below that
level for the purposes of calculating the tariff reduction.
If the duty concerned is reduced on an erga omnes basis after that
date, the percentage indicated in columns (c), (e), (g), (i) and (k)
shall be adjusted according to the following rules:
- if the duty is reduced on an erga omnes basis, the percentage
shall be increased by 0,275 % per percentage point of reduction;
- if the duty is subsequently increased on an erga omnes basis, the
percentage shall be reduced by 0,275 % per percentage point of
increase;
- if the duty is again adjusted either upwards or downwards, the
percentage resulting from the application of the previous indents
shall be adjusted using the relevant formula.
 
Article 2
1. For cereals falling within CN code ex 1001 90 99, the tariff
quota shall be fixed as stipulated in the footnote on page 2 of the
Annex on the basis of Moroccan output during the current year, as
estimated and published by the Moroccan authorities during May. The
quota will be adapted if necessary at the end of July in the light
of a communication from the Moroccan authorities fixing the
definitive volume of Moroccan output. However, the result of any
such adjustment must be adjusted by common accord between the
Parties either upwards or downwards by 5 % depending on the outcome
of the consultations referred to in paragraph 2.
The above tariff quota shall not apply during June and July. During
the consultations provided for in the following paragraph, the
Parties shall agree to consider whether to extend the timetable in
the light of the forecasts for the Moroccan market. However, any
extension may not go beyond 31 August.
2. For the purposes of managing the provisions set out in paragraph
1, and in order to ensure supplies to the Moroccan market as well as
the stability and continuity of that market and to stabilise prices
on the Moroccan market and preserve traditional trade flows, the
following cooperation arrangements shall apply in the cereals
sector.
Before the beginning of each marketing year, no later than the
second half of May, the parties shall hold consultations.
The purpose of these consultations will be to discuss the market
situation for cereals including, in particular, production forecasts
for Moroccan common wheat, the situation of stocks, consumption,
producer and export prices and possible market development as well
as possibilities of adapting supply to demand.
3. If, after the entry into force of this Agreement, Morocco grants
a larger tariff reduction on cereals falling within CN code ex 1001
90 99 to a third country under an international agreement, Morocco
undertakes to grant the same tariff reduction to the Community as an
autonomous measure.
 
Article 3
Without prejudice to other provisions of this Agreement, if, given
the particular sensitivity of the agricultural markets, imports of
products originating in the Community which are the subject of
concessions granted under this Protocol, cause serious disturbance
to the Moroccan market within the meaning of Article 25 of the
Agreement, both Parties shall hold consultations immediately to find
an appropriate solution. Pending such solution, Morocco may take the
measures it deems necessary.
 
 
 
 
ANNEX
 
 
>TABLE POSITION>
(e) This rate shall be applied to the customs value. Where the
declared value is less than MAD 3500/tonne, an additional import
duty of 123 % shall be applied to the difference between the
threshold fixed (MAD 3500/tonne) and the declared value.
 
 
Joint Declaration
 
The Parties hereby agree to review the situation regarding the
tariff preferences established in Protocol 3, in particular for the
following products: animal and vegetable oils and fats falling
within CN codes 1515 19 10, 1515 90 60, 1515 90 99, 1516 10 90, 1516
20 95, 1516 20 96 and 1516 20 98 and beet sugar falling within CN
code 1701 12 90, in accordance with the objective provided for in
Article 16 of the Association Agreement.
 
 
Joint Declaration
 
The Parties note that this Agreement shall be applied by the Kingdom
of Morocco by means of a tendering procedure for import licences for
the purposes of managing the preferential quotas.
If the tendering arrangements are changed or if a system of direct
payments is introduced, the Parties agree to hold consultations
under Article 20 of the Association Agreement.