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13.9.2012 Official
Journal
of
the
European
Union L
247/7
COMMISSION IMPLEMENTING REGULATION (EU) No 812/2012
of 12 September 2012
amending Council Regulation (EC) No 747/2001 as regards tariff quotas of the Union for certain
agricultural and processed agricultural products originating in Morocco
THE EUROPEAN COMMISSION,
(6) The
monthly
use
of
the
additional
tariff
quota
that
applies from 1 November to 31 May for imports into
the European Union of fresh or chilled tomatoes orig
Having regard to the Treaty on the Functioning of the European
inating in Morocco should, in accordance with the
Union,
Agreement, be limited to 30 % of its initial volume of
28 000 tonnes net weight.
Having regard to Council Regulation (EC) No 747/2001 of
9 April 2001 providing for the management of Community
(7)
As the Agreement enters into force on 1 October 2012,
tariff quotas and of reference quantities for products eligible
this Regulation should apply from that date.
for preferences by virtue of agreements with certain Mediter
ranean countries and repealing Regulations (EC) No 1981/94
and (EC) No 934/95 (
(8) The
measures
provided
for
in
this
Regulation
are
in

1 ), and in particular Article 5(1)(b) thereof,
accordance with the opinion of the Customs Code
Committee,
Whereas:
HAS ADOPTED THIS REGULATION:
(1) An
Agreement
has
been
concluded
in
the
form
of
an
Exchange of Letters between the European Union and
Article 1
the Kingdom of Morocco concerning reciprocal liberali
sation measures on agricultural products, processed agri
Regulation (EC) No 747/2001 is amended as follows:
cultural products, fish and fishery products, the
replacement of Protocols 1, 2 and 3 and their Annexes
(1) Article 3a is replaced by the following:
and amendments to the euro-Mediterranean Agreement
establishing an association between the European
‘Article 3a
Communities and their Member States, of the one part,
and the Kingdom of Morocco, of the other part (‘the
Special provisions for the tariff quotas for tomatoes
Agreement’) ( 2 ). The Agreement was approved on behalf
originating in Morocco
of the Union by Council Decision 2012/497/EU ( 3 ).
1. For
tomatoes
of
CN
code
0702
00
00
placed
into
free
circulation in every period from 1 October to 31 May (here
(2)
The Agreement provides for new tariff quotas for agri
inafter “marketing year”), drawings on the monthly tariff
cultural and processed agricultural products originating
quotas laid down in Annex II under order number
in Morocco. It also provides for changes to existing
09.1104 from 1 October to 31 December and from 1
tariff quotas for those products that are laid down in
January to 31 March respectively, shall be stopped each
Regulation (EC) No 747/2001.
year on 15 January and on the second working day in
the Commission following 1 April. On the following
working day in the Commission, the Commission services
(3) Furthermore,
the
Agreement
no
longer
provides
for
tariff
will determine the unused balance of each of these tariff
concessions applicable in the framework of reference
quotas and will make available that unused balance within
quantities that are laid down in Regulation (EC) No
the additional tariff quota applicable for that marketing year
747/2001.
under the order number 09.1112.
(4) It
is
necessary
to
implement
the
new
tariff
quotas,
the
From the dates on which the monthly tariff quotas are
changes to the existing tariff quotas and the end of
stopped, any retroactive drawings from any of the
reference quantities, as provided for in the Agreement.
stopped monthly tariff quotas applicable during the
Regulation (EC) No 747/2001 should therefore be
months of November, December and January to March,
amended accordingly.
and any returns of unused volumes to any of the stopped
monthly tariff quotas shall be made on the additional tariff
quota applicable under the order number 09.1112 for that
(5)
For the purpose of calculating the tariff quotas for the
first year of application, provision should be made, in
marketing year. Detailed provisions for the management of
accordance with the Agreement, that the volumes of
the tariff quota under order number 09.1112 are included
the tariff quotas for which the quota period began
under paragraph 2.
prior to the date of entry into force of the Agreement
should be reduced by a proportion relating to that part
2. The
monthly
use
of
the
additional
tariff
quota
laid
of the period which had elapsed before that date.
down in Annex II under order number 09.1112 for the
period from 1 November to 31 May for tomatoes of CN
code 0702 00 00 originating in Morocco placed into free
( 1 ) OJ L 109, 19.4.2001, p. 2.
( 2 ) OJ L 241, 7.9.2012, p. 4.
circulation in the European Union shall be limited to 30 %
( 3 ) OJ L 241, 7.9.2012, p. 2.
of its initial volume of 28 000 tonnes net weight.

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L 247/8
EN
Official Journal of the European Union
13.9.2012
The tariff quota under order number 09.1112 shall be
Article 2
managed as a parent tariff quota with seven monthly sub-
tariff quotas applicable under the order number 09.1193.
This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.
The benefit from this tariff concession can be granted only
by declaring the order number 09.1193.’;
(2) Annex II is replaced by the text set out in the Annex to this
Regulation.
It shall apply from 1 October 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 12 September 2012.
For the Commission
The President
José Manuel BARROSO

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EN
13.9.2012 Official
Journal
of
the
European
Union L
247/9
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 in accordance with Commission Implementing
Regulation (EU) No 1006/2011(OJ L 282, 28.10.2011, p. 1). 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
Order No CN
code
TARIC
sub-division
Description of goods Quota
period
Quota volume (in
tonnes net weight)
Quota duty
09.1104 0702
00
00 Tomatoes,
fresh
or
chilled From
1.10
to
31.10.2012 13
350 Exemption
( 1 ) ( 2 )
From 1.10 to 31.10.2013 13
800
From 1.10 to 31.10.2014 14
250
From 1.10 to 31.10.2015 and
14 700
for each period thereafter from
1.10 to 31.10
09.1104 0702
00
00 Tomatoes,
fresh
or
chilled From
1.11
to
30.11.2012 34
900 Exemption
( 1 ) ( 2 )
From 1.11 to 30.11.2013 36
100
From 1.11 to 30.11.2014 37
300
From 1.11 to 30.11.2015 and
38 500
for each period thereafter from
1.11 to 30.11
09.1104 0702
00
00 Tomatoes,
fresh
or
chilled From
1.12
to
31.12.2012 39
450 Exemption
( 1 ) ( 2 )
From 1.12 to 31.12.2013 40
800
From 1.12 to 31.12.2014 42
150
From 1.12 to 31.12.2015 and
43 500
for each period thereafter from
1.12 to 31.12
09.1104 0702
00
00 Tomatoes,
fresh
or
chilled From
1.1
to
31.1.2013 39
450 Exemption
( 1 ) ( 2 )
From 1.1 to 31.1.2014 40
800
From 1.1 to 31.1.2015 42
150
From 1.1 to 31.1.2016 and for
43 500
each period thereafter from 1.1
to 31.1
09.1104 0702
00
00 Tomatoes,
fresh
or
chilled From
1.2
to
28.2.2013 39
450 Exemption
( 1 ) ( 2 )
From 1.2 to 28.2.2014 40
800
From 1.2 to 28.2.2015 42
150
From 1.2 to 29.2.2016 and for
43 500
each period thereafter from 1.2
to 28/29.2
09.1104 0702
00
00 Tomatoes,
fresh
or
chilled From
1.3
to
31.3.2013 39
450 Exemption
( 1 ) ( 2 )
From 1.3 to 31.3.2014 40
800
From 1.3 to 31.3.2015 42
150
From 1.3 to 31.3.2016 and for
43 500
each period thereafter from 1.3
to 31.3

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L 247/10
EN
Official Journal of the European Union
13.9.2012
Order No CN
code
TARIC
sub-division
Description of goods Quota
period
Quota volume (in
tonnes net weight)
Quota duty
09.1104 0702
00
00 Tomatoes,
fresh
or
chilled From
1.4
to
30.4.2013 20
700 Exemption
( 1 ) ( 2 )
From 1.4 to 30.4.2014 21
400
From 1.4 to 30.4.2015 22
100
From 1.4 to 30.4.2016 and for
22 800
each period thereafter from 1.4
to 30.4
09.1104 0702
00
00 Tomatoes,
fresh
or
chilled From
1.5
to
31.5.2013 6
250 Exemption
( 1 ) ( 2 )
From 1.5 to 31.5.2014 6
500
From 1.5 to 31.5.2015 6
750
From 1.5 to 31.5.2016 and for
7 000
each period thereafter from 1.5
to 31.5
09.1112 ( 3 ) 0702
00
00 Tomatoes,
fresh
or
chilled From
1.11.2012
to
31.5.2013
28 000 Exemption
( 1 ) ( 2 )
and for each period thereafter
from 1.11 to 31.5
09.1100 0703
20
00 Garlic,
fresh
or
chilled From
1.10
to
31.12.2012 375 Exemption
From 1.1 to 31.12.2013 and
1 500
for each year thereafter
09.1137 0707
00
05 Cucumbers,
fresh
or
chilled From
1.11.2012
to
31.5.2013 15
000 Exemption
( 1 ) ( 4 )
From 1.11.2013 to 31.5.2014 15
450
From 1.11.2014 to 31.5.2015 15
900
From 1.11.2015 to 31.5.2016 16
350
From 1.11.2016 to 31.5.2017
16 800
and for each period thereafter
from 1.11 to 31.5
09.1133 0709
93
10 Courgettes,
fresh
or
chilled From
1.10.2012
to
20.4.2013 50
000 Exemption
( 1 ) ( 5 )
From 1.10.2013 to 20.4.2014 51
500
From 1.10.2014 to 20.4.2015 53
000
From 1.10.2015 to 20.4.2016 54
500
From 1.10.2016 to 20.4.2017
56 000
and for each period thereafter
from 1.10 to 20.4
09.1130 ex
0805
20
10 05 Clementines,
fresh From
1.11.2012
to
28.2.2013
175 000 Exemption
( 1 ) ( 6 )
and for each period thereafter
from 1.11 to 28/29.2
09.1118 0810
10
00 Strawberries,
fresh From
1.4
to
30.4.2013
and
for
3 600 Exemption
each period thereafter from 1.4
to 30.4

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EN
13.9.2012 Official
Journal
of
the
European
Union L
247/11
Order No CN
code
TARIC
sub-division
Description of goods Quota
period
Quota volume (in
tonnes net weight)
Quota duty
09.1101 0810
10
00 Strawberries,
fresh From
1.5
to
31.5.2013
and
for
1 000 6,4
MIN
each period thereafter from 1.5
1,2 EUR/
to 31.5
100 kg/net
09.1103 1702
50
00 Chemically
pure
fructose From
1.10
to
31.12.2012 150 Exemption
From 1.1 to 31.12.2013 and
600
for each year thereafter
( 1 ) The exemption applies only to the ad valorem part of the duty.
( 2 ) Within this tariff quota, the specific duty provided in the European Union’s list of concessions to the WTO is reduced to zero, if the entry price is not less than EUR
461/tonne, being the entry price agreed between the European Union and Morocco. If the entry price for a consignment is 2, 4, 6 or 8 % lower than the agreed entry
price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of the
agreed entry price, the specific customs duty bound within the WTO shall apply.
( 3 ) To limit the monthly use of this tariff quota to 8 400 tonnes net weight, it is managed as a parent tariff quota with seven monthly sub-tariff quotas applicable under the
order number 09.1193. The benefit from this tariff quota is applied for by declaring solely the order number of the sub-tariff quota 09.1193.
( 4 ) Within this tariff quota, the specific duty provided in the European Union’s list of concessions to the WTO is reduced to zero, if the entry price is not less than EUR
449/tonne, being the entry price agreed between the European Union and Morocco. If the entry price for a consignment is 2, 4, 6 or 8 % lower than the agreed entry
price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of the
agreed entry price, the specific customs duty bound within the WTO shall apply.
( 5 ) Within this tariff quota, the specific duty provided in the European Union’s list of concessions to the WTO is reduced to zero, if the entry price is not less than:
— EUR 424/tonne from 1 October to 31 January and from 1 to 20 April, being the entry price agreed between the European Union and Morocco,
— during the period from 1 February to 31 March the “WTO” entry price of EUR 413/tonne which is more favourable than the agreed entry price shall apply.
If the entry price for a consignment is 2, 4, 6 or 8 % lower than the agreed entry price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of this
agreed entry price. If the entry price of a consignment is less than 92 % of the agreed entry price, the specific customs duty bound within the WTO shall apply.
( 6 ) Within this tariff quota, the specific duty provided in the European Union’s list of concessions to the WTO is reduced to zero, if the entry price is not less than EUR
484/tonne, being the entry price agreed between the European Union and Morocco. If the entry price for a consignment is 2, 4, 6 or 8 % lower than the agreed entry
price, the specific customs quota duty shall be equal respectively to 2, 4, 6 or 8 % of this agreed entry price. If the entry price of a consignment is less than 92 % of the
agreed entry price, the specific customs duty bound within the WTO shall apply.’

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