Agreement in the form of an Exchange of Letters

between the European Community and the Kingdom of Morocco and derogating temporarily, as regards the importation into the Community of tomatoes originating in Morocco, from Agricultural Protocol No 1 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

A. Letter from the European Community

Brussels, 29.11.2002

Sir,

I have the honour to refer to the negotiations which are currently taking place under Article 16 of the Euro-Mediterranean Agreement establishing an association between the European Community and the Kingdom of Morocco and to the consultations under Article 2(6) of Agricultural Protocol No 1 to the Association Agreement held between the Moroccan authorities and the departments of the Commission of the European Communities concerning imports into the Community of tomatoes originating in Morocco.

The purpose of the negotiations is to review the situation in order to determine the arrangements that will apply with effect from 1 January 2003.

Pending the conclusion of the comprehensive renegotiation of Agricultural Protocols No 1 and No 3 to the Association Agreement and in order to allow Morocco's traditional exports of tomatoes to the Community to continue without disturbing the Community market, the following arrangements have been agreed for the period from 1 October 2002 to 31 May 2003 only and without prejudice to the parties' interpretation of Article 2(4) of Protocol No 1:

1. In order to avoid any disturbance on the Community market in tomatoes, Morocco undertakes to ensure that its total exports do not exceed the quantities agreed during the period from 1 October 2002 to 31 May 2003.

2. The quantities provided for in Article 3(1)(a) of Agricultural Protocol No 1 to the Association Agreement are increased as follows for the 2002/2003 marketing year:

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The conditions set out in Articles 2 and 3 of Agricultural Protocol No 1 to the Association Agreement shall apply mutatis mutandis to the above quantities. The agreed entry price level, from which specific duties will be reduced to zero, shall be EUR 461 per tonne.

3. The quota for April and May 2003 shall be opened only on condition that total imports into the Community of tomatoes originating in Morocco do not exceed 156676 tonnes during the period from 1 October 2002 to 31 March 2003.

4. The delegations agree that the review provided for in Article 18 of the Association Agreement shall include the adoption of clear and reliable arrangements for the importation of Moroccan tomatoes into the Community. Upon the entry into force of those arrangements, the derogating provisions laid down in this Agreement shall be abolished.

5. In the meantime the renegotiation of Agricultural Protocols No 1 and No 3 will continue in order to determine the arrangements that are to apply with effect from 1 January 2003. The Community and Morocco reserve the right to abolish the provisions contained in this Agreement if the negotiations now in hand under Article 18 of the Association Agreement between the Community and the Kingdom of Morocco are not concluded before 31 December 2002.

This Agreement shall be approved by the Contracting Parties in accordance with their respective procedures.

I should be obliged if you would inform me whether your Government is in agreement with the contents of this letter.

Please accept, Sir, the assurance of my highest consideration.

For the European Community

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B. Letter from the Kingdom of Morocco

Brussels, 29.11.2002

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 are currently taking place under Article 16 of the Euro-Mediterranean Agreement establishing an association between the European Community and the Kingdom of Morocco and to the consultations under Article 2(6) of Protocol No 1 to the Association Agreement held between the Moroccan authorities and the departments of the Commission of the European Communities concerning imports into the Community of tomatoes originating in Morocco.

The purpose of the negotiations is to review the situation in order to determine the arrangements that will apply with effect from 1 January 2003.

Pending the conclusion of the comprehensive renegotiation of Agricultural Protocols No 1 and No 3 to the Association Agreement and in order to allow Morocco's traditional exports of tomatoes to the Community to continue without disturbing the Community market, the following arrangements have been agreed for the period from 1 October 2002 to 31 May 2003 only and without prejudice to the parties' interpretation of Article 2(4) of Protocol No 1:

1. In order to avoid any disturbance on the Community market in tomatoes, Morocco undertakes to ensure that its total exports do not exceed the quantities agreed during the period from 1 October 2002 to 31 May 2003.

2. The quantities provided for in Article 3(1)(a) of Agricultural Protocol No 1 to the Association Agreement are increased as follows for the 2002/2003 marketing year:

>TABLE>.

The conditions set out in Articles 2 and 3 of Agricultural Protocol No 1 to the Association Agreement shall apply mutatis mutandis to the above quantities. The agreed entry price level, from which specific duties will be reduced to zero, shall be EUR 461 per tonne.

3. The quota for April and May 2003 shall be opened only on condition that total imports into the Community of tomatoes originating in Morocco do not exceed 156676 tonnes during the period from 1 October 2002 to 31 March 2003.

4. The delegations agree that the review provided for in Article 18 of the Association Agreement shall include the adoption of clear and reliable arrangements for the importation of Moroccan tomatoes into the Community. Upon the entry into force of those arrangements, the derogating provisions laid down in this Agreement shall be abolished.

5. In the meantime the renegotiation of Agricultural Protocols No 1 and No 3 will continue in order to determine the arrangements that are to apply with effect from 1 January 2003. The Community and Morocco reserve the right to abolish the provisions contained in this Agreement if the negotiations now in hand under Article 18 of the Association Agreement between the Community and the Kingdom of Morocco are not concluded before 31 December 2002.

This Agreement shall be approved by the Contracting Parties in accordance with their respective procedures.

I should be obliged if you would inform me whether 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

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