COUNCIL DECISION

of 8 March 2012

on the conclusion of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco concerning reciprocal liberalisation measures on agricultural products, processed agricultural products, fish and fishery products, the replacement of Protocols 1, 2 and 3 and their Annexes and amendments 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

(2012/497/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(6)(a) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1) 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 (1) (hereinafter the ‘Association Agreement’), which has been in force since 1 March 2000, provides for the gradual implementation of greater liberalisation of reciprocal trade in agricultural products, processed agricultural products, fish and fishery products.

(2) In July 2005, the EU-Morocco Association Council adopted an Action Plan of the European Neighbourhood Policy including a specific provision having the objective of the further liberalisation of trade in agricultural products, processed agricultural products, fish and fishery products.

(3) On 14 October 2005, the Council authorised the Commission to conduct negotiations with the Kingdom of Morocco within the framework of the Association Agreement, in order to achieve that objective.

(4) On 14 December 2009, the Commission concluded negotiations on behalf of the Union in respect of an Agreement in the form of an Exchange of Letters (hereinafter the ‘Agreement’) with the aim of amending the Association Agreement.

(5) The Agreement should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement in the form of an Exchange of Letters (hereinafter the ‘Agreement’) between the European Union and the Kingdom of Morocco concerning reciprocal liberalisation measures on agricultural products, processed agricultural products, fish and fishery products, the replacement of Protocols 1, 2 and 3 and their Annexes and amendments 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, is approved on behalf of the European Union.

The text of the Agreement is attached to this Decision.

Article 2

Where the Union needs to take a safeguard measure concerning agricultural products, fish and fishery products, as provided for in the Association Agreement, that measure shall be adopted in accordance with the procedures provided for in Article 159(2) of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (2); or by Article 30 of Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (3). For processed agricultural products, the safeguard measures shall be adopted according to the procedures provided for in Article 7(2) of Council Regulation (EC) No 614/2009 of 7 July 2009 on the common system of trade for ovalbumin and lactalbumin (4), or Article 11(4) of Council Regulation (EC) No 1216/2009 of 30 November 2009 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (5).

Article 3

The President of the Council is authorised to appoint the person or persons empowered to proceed, on behalf of the Union, to the deposit of the instrument of approval provided for in the Agreement, in order to bind the Union.

Article 4

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 8 March 2012.

For the Council

The President

M. BØDSKOV

(1)

OJ L 70, 18.3.2000, p. 2

(2)

OJ L 299, 16.11.2007, p. 1

(3)

OJ L 17, 21.1.2000, p. 22

(4)

OJ L 181, 14.7.2009, p. 8

(5)

OJ L 328, 15.12.2009, p. 10

AGREEMENT

in the form of an Exchange of Letters between the European Union and the Kingdom of Morocco concerning reciprocal liberalisation measures on agricultural products, processed agricultural products, fish and fishery products, the replacement of Protocols 1, 2 and 3 and their Annexes and amendments 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 Union

Dear Sir/Madam,

I have the honour to refer to the negotiations which took place in accordance with the Euro-Mediterranean Roadmap for agriculture (Rabat Roadmap) adopted on 28 November 2005, by the Ministers for Foreign Affairs at the Euro-Mediterranean conference, for the acceleration of liberalisation of trade in agricultural products, processed agricultural products, fish and fishery products under Articles 16 and 18 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 (hereinafter the ‘Association Agreement’), in force since 1 March 2000, which provides for the gradual implementation of greater liberalisation of reciprocal trade in agricultural products, processed agricultural products, fish and fishery products.

At the end of the negotiations the European Union and the Kingdom of Morocco agreed upon the following amendments to the Association Agreement:

(1) the text of Article 7 shall be replaced by the following text:

‘The provisions of this Chapter shall apply to products originating in the European Union or in Morocco other than those listed in Chapters 1 to 24 of the Combined Nomenclature (CN) and those listed in Annex 1, paragraph 1, (ii) of the WTO Agreement on Agriculture.’;

(2) Article 10 is deleted;

(3) the title of Chapter II shall be replaced by the following:

‘AGRICULTURAL PRODUCTS, PROCESSED AGRICULTURAL PRODUCTS, FISH AND FISHERY PRODUCTS’;

(4) the text of Article 15 shall be replaced by the following text:

‘The expressions “agricultural products”“processed agricultural products” and “fish and fishery products” refer to the products listed in Chapters 1 to 24 of the Combined Nomenclature (CN) and those listed in Annex 1, paragraph 1, (ii) of the WTO Agreement on Agriculture.’;

(5) the text of Article 17 shall be replaced by the following text:

‘1. Agricultural products, processed agricultural products, fish and fishery products originating in Morocco listed in Protocol No 1 shall be subject to the arrangements set out in that Protocol on importation into the European Union.

The provisions of this chapter shall not preclude the retention by the European Union of an agricultural component on imports of fructose (CN code 1702 50 00) originating in Morocco.

This agricultural component reflects the gaps between the prices on the market of the European Union of agricultural products considered as used in the production of fructose and the price of imports of such products from third countries.

2. Agricultural products, processed agricultural products, fish and fishery products originating in the European Union listed in Protocol No 2 shall be subject to the arrangements set out in that Protocol on importation into Morocco.

The provisions of this chapter shall not preclude the separate specification by Morocco of an agricultural component in the import duties in force on the products listed in subchapter HS 1902 (pasta) and included in list 3 attached to Protocol No 2.’;

(6) the text of Article 18(1) shall be replaced by the following text:

‘1. The parties shall meet no later than three years from the date of entry into force of this agreement to consider the possibility of granting each other further preferential concessions, taking into account the agricultural policy, sensitivity and specific characteristics of each product concerned.’;

(7) Protocols 1, 2 and 3 and their Annexes shall be replaced by those set out in Annexes I and II attached to this exchange of letters.

This Agreement in the form of an exchange of letters shall enter into force on the first day of the third month following the date of deposit of the last instrument of approval.

I would be grateful if you could confirm the agreement of your Government to the above.

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

Съставено в Брюксел на

Hecho en Bruselas, el

V Bruselu dne

Udfærdiget i Bruxelles, den

Geschehen zu Brüssel am

Brüssel,

Έγινε στις Βρυξέλλες, στις

Done at Brussels,

Fait à Bruxelles, le

Fatto a Bruxelles, addì

Briselē,

Priimta Briuselyje,

Kelt Brüsszelben,

Magħmul fi Brussell,

Gedaan te Brussel,

Sporządzono w Brukseli, dnia

Feito em Bruxelas,

Întocmit la Bruxelles,

V Bruseli

V Bruslju,

Tehty Brysselissä

Utfärdat i Bryssel den

[Bild bitte in Originalquelle ansehen]

За Европейския съюз

Por la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Гια την Ευρωπαϊκή Ένωση

For the European Union

Pour l’Union européenne

Per l’Unione europea

Eiropas Savienības vārdā –

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

[Bild bitte in Originalquelle ansehen]

ANNEX I

PROTOCOL No 1

concerning the arrangements applicable to the importation into the European Union of agricultural products, processed agricultural products, fish and fishery products originating in the Kingdom of Morocco

Imports into the European Community of agricultural products, processed agricultural products, fish and fishery products originating in Morocco shall be subject to the conditions set out below.

TITLE I

GENERAL PROVISIONS

Article 1

1. With a view to accelerating the liberalisation of bilateral trade in agricultural products, processed agricultural products, fish and fishery products between the Kingdom of Morocco and the European Union, new provisions and concessions shall be established by both parties, in accordance with the terms of the 2005 Euro-Mediterranean Rabat Roadmap, established for the liberalisation of trade in agricultural products, processed agricultural products, fish and fishery products.

2. These new provisions and concessions, as set out in the specific provisions cited below, shall govern the bilateral trade in agricultural products, processed agricultural products, fish and fishery products, of the two parties.

TITLE II

SPECIAL PROVISIONS

Article 2

Tariff provisions

1. On the date of entry into force of this Protocol, customs duties (

ad valorem

and specific) applicable on imports into the European Union of agricultural products, processed agricultural products, fish and fishery products originating in Morocco shall be eliminated, except if otherwise provided for in paragraphs 2 and 3 for the agricultural products and in Article 5 for the processed agricultural products.

2. For those products originating in Morocco listed in the Annex to this Protocol, customs duties shall be eliminated or reduced by a percentage specified in column “a” within the limit of the tariff quotas listed in column “b” for each of them.

The customs duties in respect of the quantities in excess of the tariff quotas shall be reduced by the percentage listed in column “c” for each of them.

3. By way of derogation from the provisions of paragraphs 1 and 2:

(a) For the products to which an entry price applies in accordance with Article 140a of Council Regulation (EC) No 1234/2007

(

1 5 8

)

, and for which the Common Customs Tariff provides for the application of an

ad valorem

customs duty and a specific customs duty, the elimination applies only to the

ad valorem

part of the duty.

(b) For the products listed in the table 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 tariff quotas set in the Annex to this Protocol and for unlimited quantities for products covered by CN codes 0709 90 80, 0805 10 20, 0806 10 10, 0809 10 00 and 0809 30.

CN code	Product	Period	Agreed entry price (EUR/100 kg)
0702 00 00	Tomatoes, fresh or chilled	01/10 – 31/05	46,1
0707 00 05	Cucumbers, fresh or chilled	01/11 – 31/05	44,9
0709 90 70	Courgettes, fresh or chilled	01/10 – 31/01	42,4
		01/02 – 31/03	41,3
		01/04 – 20/04	42,4
0709 90 80	Artichokes, fresh or chilled	01/11 – 31/12	57,1
0805 10 20	Sweet oranges, fresh	01/12 – 31/05	26,4
0805 20 10	Clementines, fresh	01.11 – end of February	48,4
0806 10 10	Table grapes, fresh	21/07 – 20/11	35,8
0809 10 00	Apricots, fresh	01/06 – 31/07	64,5
0809 30	Peaches, including nectarines, fresh	11/06 – 30/09	49,1

For the products referred to in the table above:

if the price of a particular consignment is 2 %, 4 %, 6 % or 8 % below the agreed entry price, the specific preferential customs duty shall be 2 %, 4 %, 6 % or 8 %, respectively, 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.

(c) For the products under CN codes 1701 and 1702, no preferential tariff concession shall be applied, with the exception of CN codes 1702 11 00, ex 1702 30 50, ex 1702 30 90 (chemically pure lactose and glucose already exempt from customs duty) and the product covered by CN code 1702 50 00 included in the Annex to this Protocol.

4. For products covered by CN codes 0707 00 05 and 0709 90 70, the tariff quota volumes are increased in four equal tranches, each representing 3 % of the amounts specified in column “b” of the Annex to this Protocol. The first increase will be on the date of the second opening of each tariff quota after this Protocol enters into force.

5. For the first year of application of this Protocol, the volumes of the tariff quotas for which the quota period began before the entry into force of this Protocol shall be calculated as a pro rata of the basic volumes, taking into account the part of the period which elapsed before the entry into force of this Protocol.

Article 3

Tomatoes provision

1. For fresh or chilled tomatoes falling under CN code 0702 00 00, for each period from 1 October to 31 May, hereinafter called “marketing year”, the preferential treatment set out in the Annex to this Protocol shall be applied under the following monthly tariff quotas and additional tariff quota:

Basic monthly tariff quotas	2011/2012 marketing year	2012/2013 marketing year	2013/2014 marketing year	2014/2015 marketing year	2015/2016 marketing year and following years
October	12 900	13 350	13 800	14 250	14 700
November	33 700	34 900	36 100	37 300	38 500
December	38 100	39 450	40 800	42 150	43 500
January	38 100	39 450	40 800	42 150	43 500
February	38 100	39 450	40 800	42 150	43 500
March	38 100	39 450	40 800	42 150	43 500
April	20 000	20 700	21 400	22 100	22 800
May	6 000	6 250	6 500	6 750	7 000
Total	225 000	233 000	241 000	249 000	257 000
Additional tariff quota (from 1 November to 31 May)	28 000	28 000	28 000	28 000	28 000

2. Morocco undertakes to ensure that no more than 30 % of this additional tariff quota is used during any one month.

3. 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 applicable during the months of November, December and January to March, 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.

4. Morocco shall notify the Commission of weekly exports to the European Union within a time limit that allows precise and accurate reporting. Such time limit must not exceed 15 days.

Article 4

Cooperation

1. The aim of the specific arrangements provided for in Article 2(2) and (3) and in Article 3 shall be to preserve the level of Morocco’s traditional exports to the European Union and to avoid disturbances of Community markets.

2. In order to ensure that this aim is fully achieved and to improve market stability and continuity of supply in the fruit and vegetable sector, the two Parties shall hold consultations at least once a year, or at any time if one of the Parties so requests, no more than five working days after such a request.

3. 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 the rules for the application of the specific arrangements provided for in Article 2(3) and Article 3. As part of these consultations, the Parties may be assisted, where necessary, by experts or industry representatives.

Article 5

Processed agricultural products

1. The products with a sucrose or isoglucose content of 70 % or more listed below are subject to a special monitoring mechanism:

CN code (2 6 9)	Description (3 7 10)
ex 1704 90 99	Other confectionery, not containing cocoa, containing 70 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose
ex 1806 10 30	Cocoa powder containing added sugar or other sweetening matter, containing between 70 % and 80 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose
1806 10 90	Cocoa powder containing added sugar or other sweetening matte, containing 80 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose
ex 1806 20 95	Other food preparations containing cocoa in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg, containing 70 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose
ex 1901 90 99	Other food preparations of flour, groats, meal, starch or malt extract, containing 70 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose
ex 2101 12 98	Coffee-based preparations containing 70 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose
ex 2101 20 98	Tea or maté-based preparations containing 70 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose
ex 2106 90 59	Other flavoured or coloured sugar syrups, containing 70 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose
ex 2106 90 98	Other food preparations not elsewhere specified or included, containing 70 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose
ex 3302 10 29	Other mixtures and preparations based on odoriferous substances of a kind used for the manufacture of beverages, containing 70 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose

2. If there is a cumulative increase of over 20 % in quantity in imports of the products from Morocco listed in paragraph 1 during the current calendar year compared with the average annual imports for the previous three calendar years, the European Union will suspend the granting of preferential treatment for the current calendar year.

3. Paragraph 2 shall not apply if the total quantity imported since the beginning of the current calendar year for all the products listed in paragraph 1 is less than 5 000 tonnes.

4. In the five working days following the date of entry into force of the suspension of preferential treatment, the parties shall hold consultations with a view to jointly evaluating the market situation in terms of the quantities and the customs duties of the products in question, in order to reach an agreement on the conditions for reintroducing the preferential treatment.

5. As soon the conditions set out in paragraph 4 are met, within 15 working days the European Union will adopt all the measures required to lift the suspension with immediate effect.

In any case, the preferential treatment should be re-established no later than:

— the beginning of the following year, if the suspension takes effect before 30 June,

— six months after the suspension enters into force, if the suspension takes effect after 30 June.

6. The Parties must jointly examine the working of this monitoring mechanism within three years of this Protocol entering into force.

Article 6

Rendezvous clause

The parties shall meet no later than three years from the date of entry into force of this Protocol to consider the possibility of granting each other further preferential concessions, taking into account the agricultural policy, sensitivity and specific characteristics of each product concerned.

Article 7

Safeguard measure

Without prejudice to the provisions of Articles 25 to 27 of the Agreement, if, given the particular sensitivity of the agricultural markets, there are such increased quantities of imports of products from Morocco which are the subject of concessions granted under this Protocol that they cause serious disturbance to Community markets and/or serious disturbance to the production sector, both Parties shall hold consultations immediately to find an appropriate solution. Pending such solution, the importing Party is authorised to take the measures it deems necessary.

The safeguard measure, taken pursuant to the previous paragraph, may only be applied for a maximum duration of one year, which may be renewed just once on the decision of the Association Committee.

Article 8

Sanitary and phytosanitary provisions and technical standards and regulations

With a view to eliminating barriers to trade for agricultural products, processed agricultural products, fish and fishery products, the Parties agree to apply the following sanitary and phytosanitary provisions and technical standards and rules to their bilateral trade:

(1) the rights and obligations of the parties with regard to the sanitary and phytosanitary measures derive from the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement);

(2) the application of sanitary and phytosanitary measures should take account of the standards, procedures and recommendations of international standards organisations, including the Codex Alimentarius Commission, the World Organisation for Animal Health, the International Office of Epizootic Diseases, the International Plant Protection Convention, and the European and Mediterranean Plant Protection Organisation;

(3) the rights and obligations of the Parties with regard to standards, technical regulations, and conformity assessments are governed by the provisions of the WTO Agreement on Technical Barriers to Trade (WTO Agreement);

(4) the Parties shall communicate the names and contact details of the contact points to facilitate the processing and resolution of problems linked to the application of paragraphs 1, 2 and 3.

Article 9

Geographical indications

The two Parties engaged in discussions with a view to promoting and developing quality products and protecting the distinctive quality marks in accordance with the terms of the 2005 Euromed roadmap for agriculture.

Following those discussions and, having regard to both Parties having a shared interest in concluding an agreement on the protection of geographical indications for agricultural products, processed agricultural products, fish and fishery products, the Parties agreed to open negotiations within three months of the date of entry into force of this Protocol.

Article 10

Wine with a designation of origin

Wine with geographical indications originating in Morocco bearing the term “appellation d’origine contrôlée” in accordance with Moroccan law shall be accompanied by a V I 1 or V I 2 document in accordance with the provisions of Regulation (EC) No 555/2008

(

4 1

)

, in particular Article 50(2) thereof, on the certificates and analyses required for imports of wine, grape juice and grape must.

‘ANNEX

Concerning the arrangements applicable to the importation into the European Union of agricultural products, processed agricultural products, fish and fishery products originating in the Kingdom of Morocco

CN code (1 5 8)	Description (2 6 9)	a	b	c
CN code (1 5 8)	Description (2 6 9)	Reduction of the MFN customs duty applicable to the quota (%)	Tariff quota - annual or for the period indicated - (tonnes net weight)	Reduction of the MFN customs duty beyond the current tariff quotas (%)
0702 00 00	Tomatoes, fresh or chilled, from 1 October to 31 May	100 %	See Article 3	60 %
0702 00 00	Tomatoes, fresh or chilled, from 1 June to 30 September	60 %	unlimited
0703 20 00	Garlic, fresh or chilled	100 %	1 500	—
0707 00 05	Cucumbers, fresh or chilled, from 1 November to 31 May	100 %	15 000	—
0707 00 05	Cucumbers, fresh or chilled, from 1 June to 31 October	100 %	unlimited
0709 90 70	Courgettes, fresh or chilled, from 1 October to 20 April	100 %	50 000	—
0709 90 70	Courgettes, fresh or chilled, from 21 April to 31 May	60 %	unlimited
0805 20 10	Fresh clementines, from 1 November to the end of February	100 %	175 000	80 %
0805 20 10	Fresh clementines, from 1 March to 31 October	100 %	unlimited
0810 10 00	Fresh strawberries, from 1 November to 31 March	100 %	unlimited
0810 10 00	Fresh strawberries, from 1 April to 30 April	100 %	3 600	—
0810 10 00	Fresh strawberries, from 1 May to 31 May	50 %	1 000	—
0810 10 00	Fresh strawberries, from 1 June to 31 October	0 %	—
1702 50 00	Chemically pure fructose	100 %	600	100 % on the ad valorem duty + 30 % on AC (3 7 10) over 3 years (10 % per year)

’

ANNEX II

PROTOCOL No 2

Concerning the arrangements applicable to the importation into the kingdom of Morocco of agricultural products, processed agricultural products, fish and fishery products originating in the European Union

Imports into the Kingdom of Morocco of agricultural products, processed agricultural products, fish and fishery products originating in the European Union shall be subject to the conditions set out below.

TITLE I

GENERAL PROVISIONS

Article 1

TITLE II

SPECIAL PROVISIONS

Article 2

Tariff provisions

1. On the date this Protocol enters into force, the imports into the Kingdom of Morocco of agricultural products, processed agricultural products, fish and fishery products originating in the European Union shall be subject to the conditions set out in lists 1, 2 and 3 attached to this Protocol.

2. The products mentioned in List (1) attached to this Protocol are subject to a process of liberalisation on the basis of an annual linear dismantling (in equal tranches) of the customs duties in accordance with the following instructions set out in column “a” from the entry into force of the Agreement:

— G1, the customs duties are eliminated from the entry into force of this Protocol,

— G2, the customs duties will be dismantled on a linear basis from the entry into force of this Protocol until there are no customs duties in 5 years; for the products in this group that are marked with an asterisk in column “a”, the dismantling period is two years from 1 March 2010,

— G3, the customs duties will be dismantled on a linear basis from the entry into force of this Protocol until there are no customs duties in 10 years.

3. For those products from the European Union listed in List 2 attached to this Protocol and subject to the application of paragraph 2, the customs duties shall be reduced by a percentage specified in column “a” within the limit of a tariff quotas specified in column “b” for each of them.

Beyond the tariff quota, the customs duties will be dismantled on a linear basis from the entry into force of this Agreement in line with the arrangements fixed for each of the G2 and G3 groups referred to in paragraph 2.

4. For those products from the European Union listed in List 3 attached to this Protocol and not subject to a liberalisation process, the customs duties shall be reduced by a percentage specified in column “a” within the limit of a tariff quota specified in column “b” for each of them. Products outside the quota are subject to the MFN duty in force.

5. For the products under CN codes 1701, no preferential tariff concession is applied, with the exception of the products covered by HS codes 1701 99 10 11; 1701 99 10 19; 1701 99 20 00 and 1701 99 99 00 referred to in List (1) attached to this Protocol.

Article 3

Cereal provisions

1. For cereals covered by the Moroccan code 1001 90 90 10, the tariff quota shall be fixed as stipulated in the footnote on page 2 of list (3) of this Protocol on the basis of Moroccan production for the current year, as estimated and published by the Moroccan authorities in May. The quota will be adapted, if necessary, at the end of July following a communication from the Moroccan authorities fixing the definitive volume of Moroccan output. However, the result of any such adjustment may, by common agreement between the Parties, be adjusted either upwards or downwards, by 5 % in line with the outcome of the consultations referred to in Article 4.

2. The above tariff quota shall not apply for the months of June and July. During the consultations provided for in the above paragraph, the Parties shall agree to consider whether to extend this period in the light of the forecasts for the Moroccan market. However, any extension may not go beyond 31 August.

3. For products covered by the code 1001 90 90 10 referred to in list 3 to this Protocol, the customs duty indicated in column “a” 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 “a” 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.

4. If, after the entry into force of this Protocol, Morocco grants a larger tariff reduction on cereals covered by Moroccan code 1001 90 90 10 to a third country (under an international agreement), Morocco undertakes to grant the same tariff reduction to the European Union as an autonomous measure.

Article 4

Cooperation

1. For the purposes of managing the provisions set out in paragraph 1 of Article 3, 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: the parties shall hold consultations before the beginning of each marketing year, no later than the first half of June.

2. 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.

Article 5

Rendezvous clause

Article 6

Safeguard measure

Without prejudice to the provisions of Articles 25 to 27 of the Agreement, if, given the particular sensitivity of the agricultural markets, there are such increased quantities of imports of products from the European Union which are the subject of concessions granted under this Protocol that they cause serious market disturbance and/or serious disturbance to the production sector, both Parties shall hold consultations immediately to find an appropriate solution. Pending such solution, the importing Party is authorised to take the measures it deems necessary.

The safeguard measure, taken pursuant to the previous paragraph, may only be applied for a maximum duration of one year, which may be renewed just once on the decision of the Association Committee.

Article 7

Sanitary and phytosanitary provisions and technical standards and regulations

(4) the Parties shall communicate the names and contact details of the contact points to facilitate the processing and resolution of problems linked to the application of paragraphs 1, 2 and 3.

Article 8

Geographical indications

Following those discussions and, having regard to both Parties having a shared interest in concluding an agreement on the protection of geographical indications for agricultural products, processed agricultural products, fish and fishery products, the Parties agreed to open negotiations no later than three months after the date of entry into force of this Protocol.

COUNCIL DECISION

of 8 March 2012

(2012/497/EU)

Article 1

Article 2

Article 3

Article 4

AGREEMENT

A.

Letter from the Union

ANNEX I

PROTOCOL No 1

concerning the arrangements applicable to the importation into the European Union of agricultural products, processed agricultural products, fish and fishery products originating in the Kingdom of Morocco

TITLE I

GENERAL PROVISIONS

Article 1

TITLE II

SPECIAL PROVISIONS

Article 2

Tariff provisions

Article 3

Tomatoes provision

Article 4

Cooperation

Article 5

Processed agricultural products

Article 6

Rendezvous clause

Article 7

Safeguard measure

Article 8

Sanitary and phytosanitary provisions and technical standards and regulations

Article 9

Geographical indications

Article 10

Wine with a designation of origin

ANNEX II

PROTOCOL No 2

Concerning the arrangements applicable to the importation into the kingdom of Morocco of agricultural products, processed agricultural products, fish and fishery products originating in the European Union

TITLE I

GENERAL PROVISIONS

Article 1

TITLE II

SPECIAL PROVISIONS

Article 2

Tariff provisions

Article 3

Cereal provisions

Article 4

Cooperation

Article 5

Rendezvous clause

Article 6

Safeguard measure

Article 7

Sanitary and phytosanitary provisions and technical standards and regulations

Article 8

Geographical indications

List (1): Projects subject to liberalisation