10.1.2004 Official Journal of the European Union L6/3 COMMISSION REGULATION (EC) No 37/2004 of 9 January 2004 amending Council Regulation (EC) No 747/2001 as regards the Community tariff quotas and refer- ence quantities for certain agricultural products originating in Morocco THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 747/2001 of 9 April 2001 providing for the management of Community tariff quotas and of reference quantities for products eligible for preferences by virtue of agreements with certain Mediterranean countries and repealing Regulations (EC) No 1981/94 and (EC) No 934/95 (), and in particular Article 5(1)(b) thereof, Whereas: 1 An Agreement in the form of an Exchange of Letters has been concluded on 22 December 2003 between the European Community and the Kingdom of Morocco concerning reciprocal liberalisation measures and the replacement of Protocols 1 and 3 to the EC-Morocco Association Agreement. That new Agreement applies from 1 January 2004, with the exception of the Articles 2, 4 and 5 of the new agricultural Protocol 1, hereinafter ‘the new Protocol 1', concerning the arrangements applicable to imports into the Community of agricultural products originating in Morocco. Those articles apply from 1 October 2003 in relation to the concessions provided for tomatoes. The new Protocol 1 provides for new tariff concessions and for changes to the existing concessions laid down in Annex II to Regulation (EC) No 747/2001, some of which fall within Community tariff quotas and reference quantities. For certain agricultural products for which the existing tariff concessions apply within reference quantities, the new Protocol 1 provides for the exemption of customs duties within tariff quotas or for the exemption of customs duties for unlimited volumes. To implement the tariff concessions provided for in the new Protocol 1, it is necessary to amend Regulation (EC) No 747/2001. For the purpose of calculating tariff quotas for the first year of application, it should be provided that, except for tomatoes of CN code 0702 00 00, where the quota period starts before the date on which the new Agree- ment enters into force, the tariff quota volumes are to be reduced in proportion to that part of the period which has already elapsed before that date. (") OJ L 109, 19.4.2001, p. 2. Regulation as last amended by Commis- sion Regulation (EC) No 209/2003 (O] L 28, 4.2.2003, p. 30). (6) (10) In order to facilitate the management of certain existing tariff quotas provided for in Regulation (EC) No 747/ 2001, the quantities imported within the framework of those quotas should be taken into account for charging on the tariff quotas opened in accordance with Regu- lation (EC) No 747/2001, as amended by this Regu- lation. The new Agreement provides that tariff quotas for fresh or chilled tomatoes are to be applied from 1 October 2003. The quantities which have been put into free circulation in the Community from 1 October 2003 with the benefit of the existing tariff quotas for fresh or chilled tomatoes by virtue of Regulation (EC) No 747/ 2001, should therefore be taken into account for char- ging on the tariff quotas opened in accordance with Regulation (EC) No 747/2001, as amended by this Regu- lation. Under the new Protocol 1, the volume of the additional tariff quota for fresh and chilled tomatoes applicable from 1 November to 31 May is to depend each year on the total volume of tomatoes originating in Morocco put into free circulation in the Community during the preceding period from 1 October to 31 May. Conse- quently, the Commission should, before 1 November each year, review the volumes put into free circulation during the preceding period from 1 October to 31 May, and should adopt provisions to implement any necessary adjustment of the volume of the additional tariff quota. For the tariff quotas for fresh or chilled tomatoes, it should be provided in accordance with the new Protocol 1 that, during each import season from 1 October to 31 May, unused quantities of the monthly tariff quotas may be transferred on two specific dates to the additional tariff quota applicable for that import season. In accordance with the new Protocol 1, the volumes of the tariff quotas for certain products should be increased from 1 January 2004 to 1 January 2007, on the basis of four annual and equal instalments, each corresponding to 3 % of those volumes. Since the provisions provided for in this Regulation should apply from the date of application of the new Agreement, it is appropriate for this Regulation to enter into force as soon as possible. The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,