# EUR-Lex - 52014PC0104 - EN

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# 52014PC0104

**Amended proposal for a COUNCIL DECISION on the conclusion of the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part /* COM/2014/0104 final - 2006/0048 (APP) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

The Commission has negotiated, on behalf of
the Union, the Euro-Mediterranean Aviation Agreement between the European
Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part, pursuant to a decision from the Council authorising the opening of
negotiations in December 2004. The Agreement was signed on 12 December 2006.

On the EU side, both the Union and its Member States are parties to the Agreement. The ratification process by all Member States has been completed on 13 January 2014. This proposal concerns a modification of the Commission proposal submitted to the Council in 2006 (COM(2006)145 Final). In order to ease examination by the Council, the whole of the relevant text is submitted as amended proposal. Having regard to the Treaty on the Functioning of the European Union, the Council decision on the conclusion of the international agreements has to be adopted by the Council only for the matters falling under the Union competence. The intention of the present amended proposal is to align the title of the act proposed and its enacting terms to the provisions of the Treaties.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

Not applicable

3.           LEGAL ELEMENTS OF THE
PROPOSAL

Not applicable

4.           BUDGETARY IMPLICATION

Not applicable

2006/0048 (APP)

Amended proposal for a

COUNCIL DECISION

on the conclusion of the
Euro-Mediterranean Aviation Agreement between the European Community and its
Member States, of the one part, and the Kingdom of Morocco, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 100(2), 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[1],

Whereas:

(1)       The Commission has
negotiated on behalf of the Union an Euro-Mediterranean Aviation Agreement with
the Kingdom of Morocco (hereinafter “the Agreement”).

(2)       The Agreement was signed
on 12 December 2006[2],
in accordance with Decision 2006/959/EC of the Council and of the
Representatives of the Governments of the Member States, meeting within the
Council.

(3)       The Agreement should be
approved on behalf of the Union,

HAS ADOPTED THIS DECISION:

Article1

1.           The Euro-Mediterranean
Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part is hereby approved on
behalf of the Union.

2.           The president of the
Council is hereby authorised to designate the person(s) empowered to deliver to
the Kingdom of Morocco the diplomatic notes provided in Article 30 of the
Agreement on behalf of the Union and to make the following notification:

‘As a consequence of the entry into force of
the Treaty of Lisbon on 1 December 2009, the European Union has replaced and
succeeded the European Community and from that date exercises all rights and
assumes all obligations of the European Community. Therefore, references to
“the European Community” in the text of the Agreement are, where appropriate,
to be read as “the European Union”.’

Article 2

1.           The Union shall be
represented in the Joint Committee established under Article 22 of the
Agreement by the Commission.

2.           The position to be taken
by the Union within the Joint Committee as regards the amendment of the Annexes
of the Agreement others than Annex I (Agreed Services and Specific Routes) and
Annex IV (Transitional Provisions), and any matters falling within Article 7 or
8 of the Agreement shall be adopted by the Commission, following consultation
with a Special Committee appointed by the Council.

Article 3

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

Done at Brussels,

For
the Council

The
President

[1]               OJ C 081 E, 15.03.2011.

[2]               OJ L 386, 29.12.2006.