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

• CELEX: Regulation (EC) No 37/2004
• Articles: 4

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 circulation 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 are stopped, any retroactive drawings from any of the 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 applicable for that import season."

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

Article 2

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 publication 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

(1) OJ L 109, 19.4.2001, p. 2. Regulation as last amended by Commission Regulation (EC) No 209/2003 (OJ L 28, 4.2.2003, p. 30).

Schedules & Appendices

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

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