2005/645/EC: Council Decision of 16 March 2005 on the signature and provisional application of a Protocol 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, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union

• Articles: 12

Article 1

The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community and its Member States, the Protocol 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, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union  ( 2 ) .

Article 1

1.   The products listed in Annex 1A, originating in Morocco, shall be admitted for import into the Community in accordance with the conditions set out below and in the Annex.

2.   Import duties shall be either eliminated or reduced by the percentage indicated in respect of each product in column (a) of Annex 1A.

Where the Common Customs Tariff provides for the application of ad valorem customs duties and a specific customs duty in respect of certain products marked by 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 shall be eliminated in respect of certain products within the limits of the tariff quotas shown against them in column (b) of Annex 1A.

The Common Customs Tariff duties in respect of the quantities imported in excess of the quotas shall be reduced at the rates indicated in column (c) of that Annex.

4.   For CN codes 0705 19 00 , 0705 29 00 , 0706 10 00 and 0706 90 a reference quantity indicated in column (d) shall be set. Should the volume of imports of these products exceed the reference quantity, the Community, having regard to an annual review of trade flows which it shall carry out, may make these products subject to a Community tariff quota, the volume of which shall be equal to the reference quantity. In such a case, for quantities imported in excess of the quota, the Common Customs Tariff duty shall be applied in full.

5.   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 this date.

6.   For some of the products listed in Annex 1A 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.

7.   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 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

The Protocol shall be applied provisionally from 1 May 2004, subject to its possible conclusion at a later date.

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:

(tonnes)

Marketing year

2003/2004

2004/2005

2005/2006

2006/2007 and following years

Basic monthly quotas

October

10000

10600

10600

10600

November

26000

27700

27700

27700

December

30000

31300

31300

31300

January

30000

31300

31300

31300

February

30000

31300

31300

31300

March

30000

31300

31300

31300

April

15000

16500

16500

16500

May

4000

5000

5000

5000

Total

175000

185000

185000

185000

Additional quota

(from 1 November to 31 May)

Line A

15000

28000

38000

48000

Line B

15000

8000

18000

28000

(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.

5.   Morocco shall notify the Commission of weekly exports to the Community within a space of time which allows precise and accurate reporting. That space of time must not exceed 15 days.

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

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.

Product

Quantity

( tonnes )

Period

Agreed entry price

Cucumbers

CN 0707 00 05

6 200

1.11 – 31.5

EUR 449

Artichokes

CN 0709 10 00

500

1.11 – 31.12

EUR 571

Courgettes

CN 0709 90 70

20 000

1.10 – 31.1

1.2 – 31.3

1.4 – 20.4

EUR 424

EUR 413

EUR 424

Fresh oranges

CN ex 0805 10

306 800

1.12 – 31.5

EUR 264

Fresh clementines

CN ex 0805 20 10

143 700

1.11 – end of February

EUR 484

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.

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.

Article 6

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 7

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 IB 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.