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COUNCIL DECISION

of 27 March 2006

on the signing and provisional application of the Agreement between the European Community and the Kingdom of Morocco on certain aspects of air services

(2006/953/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with Article 300(2), first sentence of the first subparagraph thereof,

Having regard to the proposal from the Commission,

Whereas:

HAS DECIDED AS FOLLOWS:

Article 1

The signing of the Agreement between the European Community and the Kingdom of Morocco on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.

Article 3

Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the Parties have notified each other of the completion of the necessary procedures for this purpose.

Article 4

The President of the Council is hereby authorised to make the notification provided in Article 8(2) of the Agreement.

Done at Brussels, 27 March 2006.

For the Council

The President

M. GORBACH

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AGREEMENT

Between the European Community and the Kingdom of Morocco on certain aspects of air services

THE EUROPEAN COMMUNITY

of the one part, and

THE KINGDOM OF MOROCCO

of the other part

(hereinafter referred to as ‘the Parties’),

NOTING that bilateral air service agreements have been concluded between several Member States of the European Community and the Kingdom of Morocco containing provisions contrary to European Community law;

NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries;

NOTING that, under European Community law, Community air carriers established in a Member State have the right to non-discriminatory access to the market in routes between Member States and third countries;

HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership of air carriers licensed in accordance with European Community law;

RECOGNISING that provisions of the bilateral air service agreements between Member States of the European Community and the Kingdom of Morocco which are contrary to European Community law must be brought into full conformity with it in order to establish a sound legal basis for air services between the European Community and the Kingdom of Morocco and to preserve the continuity of such air services;

NOTING that it is not a purpose of the European Community, as part of these negotiations, to increase the total volume of air traffic between the European Community and the Kingdom of Morocco, to affect the balance between Community air carriers and air carriers of the Kingdom of Morocco, or to negotiate bilateral amendments to the provisions of bilateral air service agreements concerning traffic rights,

HAVE AGREED AS FOLLOWS:

Article 1

General provisions

1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.

2.   References in each of the Agreements listed in Annex I to nationals of the Member State that is a party to that Agreement shall be understood as referring to nationals of the Member States of the European Community.

3.   References in each of the Agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that Agreement shall be understood as referring to air carriers or airlines designated by that Member State.

Article 2

Designation by a Member State

1.   The provisions of paragraphs 2 and 3 of this Article shall supersede the corresponding provisions of the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by the Kingdom of Morocco, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.

2.   On receipt of a designation by a Member State, the Kingdom of Morocco shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

3.   The Kingdom of Morocco may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

In exercising its right under this paragraph, the Kingdom of Morocco shall not discriminate between Community air carriers on the grounds of nationality.

4.   The provisions of paragraphs 5 and 6 of this Article shall supersede the corresponding provisions of the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Kingdom of Morocco, its authorisations and permissions granted by the Member State concerned, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.

5.   On receipt of a designation by the Kingdom of Morocco, a Member State, shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

6.   The Member State concerned may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by the Kingdom of Morocco where:

Article 3

Rights with regard to regulatory control

1.   The provisions of paragraph 2 of this Article shall complement the articles listed in Annex II(c).

2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of the Kingdom of Morocco under the safety provisions of the Agreement between the Member State that has designated the air carrier and the Kingdom of Morocco shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.

Article 4

Taxation of aviation fuel

1.   The provisions of paragraph 2 of this Article shall complement the articles listed in Annex II(d).

2.   Notwithstanding any other provision to the contrary, nothing in each of the Agreements listed in Annex II(d) shall prevent a Member State from imposing taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of the Kingdom of Morocco that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.

Article 5

Tariffs

1.   The provisions of paragraph 2 of this Article shall complement the articles listed in Annex II(e).

2.   The tariffs to be charged by the air carrier(s) designated by the Kingdom of Morocco under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community shall be subject to European Community law.

3.   The tariffs to be charged by the air carrier(s) designated by the Member States under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within Morocco shall be subject to Moroccan law.

Article 6

Annexes to the Agreement

The Annexes to this Agreement shall form an integral part thereof.

Article 7

Revision or amendment

The Parties may, at any time, revise or amend this Agreement by mutual consent.

Article 8

Entry into force and provisional application

1.   This Agreement shall enter in force when the Parties have notified each other in writing that their respective internal procedures necessary for this purpose have been completed.

2.   Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the necessary procedures.

3.   Agreements and other arrangements between Member States and the Kingdom of Morocco which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.

Article 9

Termination

1.   In the event that an Agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the Agreement concerned shall terminate at the same time.

2.   In the event that all Agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.

IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.

Done at Brussels, in duplicate, on twenty third of March in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, Swedish and Arabic languages.

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Za Európske spoločenstvo

Za Evropsko skupnost

Euroopan yhteisön puolesta

För Europeiska gemenskapens vägnar

Por el Reino de Marruecos

Za Marocké království

For Kongeriget Marokko

Für das Königreich Marokko

Maroko Kuningriigi nimel

Για το Βασίλειο του Μαρόκου

For the Kingdom of Morocco

Pour le Royaume du Maroc

Per il Regno del Marocco

Marokas Karalistes vārdā

Maroko Karalystès vardu

A Marokkói Királyság részéről

Għar-Renju tal-Marokk

Voor het Koninkrijk Marokko

W imieniu Królestwa Marokańskiego

Pelo Reino de Marrocos

Za Marocké kráľovstvo

Za Kraljevino Maroko

Marokon kuningaskunnan puolesta

För Konungariket Marocko

ANNEX I

List of Agreements referred to in Article 1 of this Agreement

ANNEX II

List of articles in the Agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement

ANNEX III

List of other States referred to in Article 2 of this Agreement

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