AGREEMENT
Between the European Community and the Kingdom of Morocco on certain aspec ts of air services
THE EUROPEAN COMMUNITY
of the one part, and
THE KINGDOM OF MOROCCOof 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 Com-
munity and the Kingdom of Morocco containing provisions contrary to Europ ean 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 Co mmunity and third countries;
NOTING that, under European Community law, Community air carriers establ ished in a Member State have the right to
non-discriminatory access to the market in routes between Member States a nd third countries;
HAVING REGARD to the agreements between the European Community and certai n third countries providing for the
possibility for the nationals of such third countries to acquire ownershi p of air carriers licensed in accordance with Euro-
pean Community law;
RECOGNISING that provisions of the bilateral air service agreements betw een Member States of the European Commu-
nity and the Kingdom of Morocco which are contrary to European Community la w must be brought into full conformity
with it in order to establish a sound legal basis for air services between th e 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 ne gotiations, to increase the total volume
of air traffic between the European Community and the Kingdom of Morocco, t o affect the balance between Community
air carriers and air carriers of the Kingdom of Morocco, or to negotiate bil ateral 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 AgreementshallbeunderstoodasreferringtonationalsoftheMemberStatesof 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 thatAgreement shall be understood as referring to air carriers or air-lines 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 inAnnex II(a) and (b) respectively, in relation to the designation ofan air carrier by the Member State concerned, its authorisationsand permissions granted by the Kingdom of Morocco, and therefusal, revocation, suspension or limitation of the authorisationsor permissions of the air carrier, respectively.
2. On receipt of a designation by a Member State, the King-
dom of Morocco shall grant the appropriate authorisations andpermissions with minimum procedural delay, provided that:
(i) the air carrier is established, under the Treaty establishing
the European Community, in the territory of the designat-ingMemberStateandhasavalidOperatingLicenceinaccor-dance with European Community law;L 386/18
EN Official Journal of the European Union 29.12.2006
(ii) effective regulatory control of the air carrier is exercised and
maintained by the Member State responsible for issuing itsAir Operator’s Certificate and the relevant aeronauticalauthority is clearly identified in the designation;
and
(iii) the air carrier is owned and shall continue to be owned
directly or through majority ownership by Member Statesand/or nationals of Member States, and/or by other Stateslisted in Annex III and/or nationals of such other States, andshall at all times be effectively controlled by such Statesand/or such nationals.
3. The Kingdom of Morocco may refuse, revoke, suspend or
limit the authorisations or permissions of an air carrier desig-nated by a Member State where:
(i) the air carrier is not established, under the Treaty establish-
ing the European Community, in the territory of the desig-nating Member State or does not have a valid OperatingLicence in accordance with European Community law;
(ii) effective regulatory control of the air carrier is not exercised
and maintained by the Member State responsible for issuingits Air Operator’s Certificate, or the relevant aeronauticalauthority is not clearly identified in the designation;
or
(iii) the air carrier is not owned and effectively controlled directly
or through majority ownership by Member States and/ornationals of Member States, and/or by other States listed inAnnex III and/or nationals of such other States.
In exercising its right under this paragraph, the Kingdom of
Morocco shall not discriminate between Community air carrierson the grounds of nationality.
4. The provisions of paragraphs 5 and 6 of this Article shall
supersede the corresponding provisions of the Articles listed inAnnex II(a) and (b) respectively, in relation to the designation ofan air carrier by the Kingdom of Morocco, its authorisations andpermissions granted by the Member State concerned, and therefusal, revocation, suspension or limitation of the authorisationsor 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 per-missions with minimum procedural delay, provided that:
(i) the air carrier is established in the territory of the Kingdom
of Morocco and has a valid Operating Licence or any otherequivalent document in accordance with Moroccan law;(ii) effective regulatory control of the air carrier is exercised and
maintained by the Kingdom of Morocco,
and
(iii) the air carrier is owned and shall continue to be owned
directly or through majority ownership by the Kingdom ofMorocco and/or its nationals or by Member States and/ortheir nationals, and shall at all times be effectively controlledby the Kingdom of Morocco and/or its nationals or by Mem-berStatesand/ortheirnationals,unlesstheapplicableAgree-ment listed in Annex I contains more favourable provisionsin this connection.
6. The Member State concerned may refuse, revoke, suspend
or limit the authorisations or permissions of an air carrier desig-nated by the Kingdom of Morocco where:
(i) the air carrier is not established in the territory of the King-
dom of Morocco or does not have a valid Operating Licencein accordance with Moroccan law;
(ii) effective regulatory control of the air carrier is not exercised
and maintained by the Kingdom of Morocco;
or
(iii) theaircarrierisnotownedandeffectivelycontrolled,directly
or through majority ownership, by the Kingdom of Moroccoand/oritsnationalsorbyMemberStatesand/ortheirnation-als, unless the applicable Agreement listed in Annex I con-tains more favourable provisions in this connection.
Article 3
Rights with regard to regulatory control
1. The provisions of paragraph 2 of this Article shall comple-
ment 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 Mem-ber State, the rights of the Kingdom of Morocco under the safetyprovisions of the Agreement between the Member State that hasdesignated the air carrier and the Kingdom of Morocco shallapply equally in respect of the adoption, exercise or maintenanceof safety standards by that other Member State and in respect ofthe operating authorisation of that air carrier.29.12.2006
EN Official Journal of the European Union L 386/19
Article 4
Taxation of aviation fuel
1. The provisions of paragraph 2 of this Article shall comple-
ment the articles listed in Annex II(d).
2. Notwithstanding any other provision to the contrary, noth-
ing in each of the Agreements listed in Annex II(d) shall preventa Member State from imposing taxes, levies, duties, fees orcharges on fuel supplied in its territory for use in an aircraft of adesignated air carrier of the Kingdom of Morocco that operatesbetweenapointintheterritoryofthatMemberStateandanotherpoint in the territory of that Member State or in the territory ofanother Member State.
Article 5
Tariffs
1. The provisions of paragraph 2 of this Article shall comple-
ment 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 Icontaining a provision listed in Annex II(e) for carriage whollywithin the European Community shall be subject to EuropeanCommunity law.
3. The tariffs to be charged by the air carrier(s) designated by
the Member States under an agreement listed in Annex I contain-ing a provision listed in Annex II(e) for carriage wholly withinMorocco 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 pro-cedures necessary for this purpose have been completed.
2. Notwithstanding paragraph 1, the Parties agree to provi-
sionally apply this Agreement from the first day of the monthfollowing the date on which the Parties have notified each otherof the completion of the necessary procedures.
3. Agreements and other arrangements between Member
States and the Kingdom of Morocco which, at the date of signa-ture of this Agreement, have not yet entered into force and arenot being applied provisionally are listed in Annex I(b). ThisAgreement shall apply to all such Agreements and arrangementsupon their entry into force or provisional application.
Article 9
Termination
1. In the event that an Agreement listed in Annex I is termi-
nated, all provisions of this Agreement that relate to the Agree-ment concerned shall terminate at the same time.
2. In the event that all Agreements listed in Annex I are ter-
minated, this Agreement shall terminate at the same time.
IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed t his Agreement.
Done at Brussels, in duplicate, on twenty third of March in the Czech, Danis h, Dutch, English,
Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Pol-
ish, Portuguese, Slovak, Slovenian, Spanish, Swedish and Arabic languag es.L 386/20
EN Official Journal of the European Union 29.12.2006
Por la Comunidad Europea
Za Evropské společenstvíFor Det Europæiske FællesskabFür die Europäische GemeinschaftEuroopa Ühenduse nimelΓια την Ευρωπαϊκή ΚοινότηταFor the European CommunityPour la Communauté européennePer la Comunità europeaEiropas Kopienas vārdāEuropos bendrijos varduaz Európai Közösség részérőlGħall-Komunità EwropeaVoor de Europese GemeenschapW imieniu Wspólnoty EuropejskiejPela Comunidade EuropeiaZa Európske spoločenstvoZa Evropsko skupnostEuroopan yhteisön puolestaFör Europeiska gemenskapens vägnar
Por el Reino de MarruecosZa Marocké královstvíFor Kongeriget MarokkoFür das Königreich MarokkoMaroko Kuningriigi nimelΓια το Βασίλειο του ΜαρόκουFor the Kingdom of MoroccoPour le Royaume du MarocPer il Regno del MaroccoMarokas Karalistes vārdāMaroko Karalystès varduA Marokkói Királyság részérőlGħar-Renju tal-MarokkVoor het Koninkrijk MarokkoW imieniu Królestwa MarokańskiegoPelo Reino de MarrocosZa Marocké kráľovstvoZa Kraljevino MarokoMarokon kuningaskunnan puolestaFör Konungariket Marocko
29.12.2006 EN Official Journal of the European Union L 386/21
ANNEX I
List of Agreements referred to in Article 1 of this Agreement
(a) Bilateral air services agreements between the Kingdom of Morocco and M ember States of the European Community
which, at the date of signature of this Agreement, have been concluded, hav e been signed and/or are being applied
provisionally
— Air Transport Agreement between the Government of the Kingdom of Belgium and the Government of His
Majesty the King of Morocco, done at Rabat on 20 January 1958 (hereinafter r eferred to as the ‘Morocco –
Belgium Agreement’).
Supplemented by the Exchange of Notes dated 20 January 1958.Last amended by the Memorandum of Understanding done at Rabat on 11 June 200 2;
— Air Transport Agreement between the Government of the Czechoslovak Soci alist Republic and the Government
of His Majesty the King of Morocco, done at Rabat on 8 May 1961, in respect of w hich the Czech Republic has
deposited a declaration of succession (hereinafter referred to as the ‘Mo rocco – Czech Republic Agreement’);
— Air Services Agreement between the Government of the Kingdom of Denmark a nd the Government of the King-
dom of Morocco, done at Rabat on 14 November 1977 (hereinafter referred to a s the ‘Morocco – Denmark
Agreement’).
Supplemented by the Exchange of Notes dated 14 November 1977;
— Air Transport Agreement between the Federal Republic of Germany and the K ingdom of Morocco, done at Bonn
on 12 October 1961 (hereinafter referred to as the ‘Morocco – Germany Agree ment’).
Amended by the Memorandum of Understanding done at Bonn on 12 December 1991 .
Amended by the Exchange of Notes dated 9 April 1997 and 16 February 1998.Last amended by the Memorandum of Understanding done at Rabat on 15 July 199 8;
— Air Transport Agreement between the Government of the Hellenic Republic and the Government of the King-
dom of Morocco, done at Athens on 6 October 1998 (hereinafter referred to as the ‘Morocco – Greece
Agreement’).
To be read together with the Memorandum of Understanding done at Athens on 6 October 1998;
— Air Transport Agreement between the Government of the Spain and the Gover nment of the Kingdom of
Morocco, done at Madrid on 7 July 1970 (hereinafter referred to as the ‘Moro cco – Spain Agreement’).
Last supplemented by the Exchange of Letters dated 12 August 2003 and 25 Aug ust 2003;
— Air Transport Agreement between the Government of the French Republic an d the Government of His Majesty
the King of Morocco, done at Rabat on 25 October 1957 (hereinafter referred to as the ‘Morocco – France
Agreement’);
— Air Transport Agreement between the Government of the Republic of Italy a nd the Government of His Majesty
the King of Morocco, done at Rome on 8 July 1967 (hereinafter referred to as t he ‘Morocco – Italy Agreement’).
Amended by the Memorandum of Understanding done at Rome on 13 July 2000.Last amended by the Exchange of Notes dated 17 October 2001 and 3 January 200 2;
— Air Transport Agreement between the Government of the Republic of Latvia and the Government of the King-
dom of Morocco, done at Warsaw on 19 May 1999 (hereinafter referred to as the ‘Morocco – Latvia Agreement’);
— Air Transport Agreement between the Government of the Grand-Duchy of Lux embourg and the Government of
His Majesty the King of Morocco, done at Bonn on 5 July 1961 (hereinafter ref erred to as the ‘Morocco – Lux-
embourg Agreement’);
— Air Transport Agreement between the Hungarian People’s Republic and the Kingdom of Morocco, done at Rabat
on 21 March 1967 (hereinafter referred to as the ‘Morocco – Hungary Agreeme nt’);L 386/22 EN Official Journal of the European Union 29.12.2006
— Air Transport Agreement between the Government of the Republic of Malta a nd the Government of His Maj-
esty the King of Morocco, done at Rabat on 26 May 1983 (hereinafter referred to as the ‘Morocco – Malta
Agreement’);
— Air Transport Agreement between the Government of Her Majesty the Queen o f the Netherlands and the Gov-
ernment of His Majesty the King of Morocco, done at Rabat on 20 May 1959 (here inafter referred to as the
‘Morocco – Netherlands Agreement’);
— Air Transport Agreement between the Federal Government of Austria and th e Government of the Kingdom of
Morocco, done at Rabat on 27 February 2002 (hereinafter referred to as the ‘ Morocco – Austria Agreement’);
— Air Transport Agreement between the Government of the People’s Republic of Poland and the Government of
the Kingdom of Morocco, done at Rabat on 29 November 1969 (hereinafter refe rred to as the ‘Morocco – Poland
Agreement’);
— Air Transport Agreement between Portugal and the Government of the Kingd om of Morocco, done at Rabat on
3 April 1958 (hereinafter referred to as the ‘Morocco – Portugal Agreement ’).
Supplemented by the Minutes done at Lisbon on 19 December 1975.Last supplemented by the Minutes done at Lisbon on 17 November 2003;
— Air Transport Agreement between the Government of the Kingdom of Sweden a nd the Government of the King-
dom of Morocco, done at Rabat on 14 November 1977 (hereinafter referred to a s the ‘Morocco – Sweden
Agreement’).
Supplemented by the Exchange of Notes dated 14 November 1977;
— Air Services Agreement between the Government of the United Kingdom of Gr eat Britain and Northern Ireland
and the Government of the Kingdom of Morocco, done at London on 22 October 19 65 (hereinafter referred to
as the ‘Morocco – UK Agreement’).
Amended by the Exchange of Notes dated 10 and 14 October 1968.Amended by the Minutes done at London on 14 March 1997.Amended by the Minutes done at Rabat on 17 October 1997.
(b) Air services agreements and other arrangements initialled or signed b etween the Kingdom of Morocco and Member
States of the European Community which, at the date of signature of this Agr eement, have not yet entered into force
and are not being applied provisionally
— Air Services Agreement between the Government of the Kingdom of the Nethe rlands and the Government of
the Kingdom of Morocco as attached, as Annex 1, to the Memorandum of Underst anding, done at The Hague
on 20 June 2001 (hereinafter referred to as the ‘Morocco – Netherlands Init ialled Agreement’).29.12.2006 EN Official Journal of the European Union L 386/23
ANNEX II
List of articles in the Agreements listed in Annex I and referred to in Artic les 2 to 5 of this Agreement
(a) Designation by a Member State:
— Article 18 of the Morocco – Belgium Agreement;
— Article 13 of the Morocco – Czech Republic Agreement;— Article 3 of the Morocco – Denmark Agreement;— Article 3 of the Morocco – Germany Agreement;— Article 3 of the Morocco – Greece Agreement;— Article 3 of the Morocco – Spain Agreement;— Article 12 of the Morocco – France Agreement;— Article 14 of the Morocco – Italy Agreement;— Article 3 of the Morocco – Latvia Agreement;— Article 14 of the Morocco – Luxembourg Agreement;— Article 3 of the Morocco – Hungary Agreement;— Article 16 of the Morocco – Malta Agreement;
— Article 17 of the Morocco – Netherlands Agreement;— Article 3 of the Morocco – Netherlands initialled Agreement;— Article 3 of the Morocco – Austria Agreement;— Article 7 of the Morocco – Poland Agreement;— Article 13 of the Morocco – Portugal Agreement;— Article 3 of the Morocco – Sweden Agreement;
— Article 3 of the Morocco – UK Agreement.
(b) Refusal, revocation, suspension or limitation of authorisations or p ermissions:
— Article 5 of the Morocco – Belgium Agreement;
— Article 7 of the Morocco – Czech Republic Agreement;— Article 4 of the Morocco – Denmark Agreement;— Article 4 of the Morocco – Germany Agreement;— Article 4 of the Morocco – Greece Agreement;— Article 4 of the Morocco – Spain Agreement;— Article 6 of the Morocco – France Agreement;— Article 7 of the Morocco – Italy Agreement;— Article 4 of the Morocco – Latvia Agreement;— Article 7 of the Morocco – Luxembourg Agreement;— Article 8 of the Morocco – Hungary Agreement;— Article 9 of the Morocco – Malta Agreement;L 386/24 EN Official Journal of the European Union 29.12.2006
— Article 4 of the Morocco – Netherlands Agreement;
— Article 4 of the Morocco – Netherlands initialled Agreement;— Article 4 of the Morocco – Austria Agreement;— Article 8 of the Morocco – Poland Agreement;— Article 6 of the Morocco – Portugal Agreement;— Article 4 of the Morocco – Sweden Agreement;
— Article 4 of the Morocco – UK Agreement.
(c) Regulatory control:
— Article 9a of the Morocco – Germany Agreement;
— Article 7 of the Morocco – Greece Agreement;— Article 5a of the Morocco – Italy Agreement;— Article 5 of the Morocco – Luxembourg Agreement;— Article 6 of the Morocco – Hungary Agreement;— Article 17 of the Morocco – Netherlands initialled Agreement.
(d) Taxation of aviation fuel:
— Article 7 of the Morocco – Belgium Agreement;
— Article 3 of the Morocco – Czech Republic Agreement;— Article 6 of the Morocco – Denmark Agreement;— Article 6 of the Morocco – Germany Agreement;
— Article 10 of the Morocco – Greece Agreement;— Article 5 of the Morocco – Spain Agreement;— Article 3 of the Morocco – France Agreement;— Article 3 of the Morocco – Italy Agreement;— Article 14 of the Morocco – Latvia Agreement;— Article 3 of the Morocco – Luxembourg Agreement;— Article 4 of the Morocco – Hungary Agreement;— Article 3 of the Morocco – Malta Agreement;— Article 6 of the Morocco – Netherlands Agreement;— Article 10 of the Morocco – Netherlands initialled Agreement;— Article 9 of the Morocco – Austria Agreement;— Article 3 of the Morocco – Poland Agreement;— Article 3 of the Morocco – Portugal Agreement;— Article 6 of the Morocco – Sweden Agreement;
— Article 5 of the Morocco – UK Agreement.29.12.2006 EN Official Journal of the European Union L 386/25
(e) Tariffs for carriage within the European Community:
— Article 19 of the Morocco – Belgium Agreement;
— Article 19 of the Morocco – Czech Republic Agreement;— Article 9 of the Morocco – Denmark Agreement;— Article 9 of the Morocco – Germany Agreement;— Article 13 of the Morocco – Greece Agreement;— Article 11 of the Morocco – Spain Agreement;— Article 17 of the Morocco – France Agreement;— Article 20 of the Morocco – Italy Agreement;— Article 10 of the Morocco – Latvia Agreement;— Article 20 of the Morocco – Luxembourg Agreement;— Article 17 of the Morocco – Hungary Agreement;— Article 19 of the Morocco – Malta Agreement;— Article 18 of the Morocco – Netherlands Agreement;— Article 6 of the Morocco – Netherlands initialled Agreement;— Article 13 of the Morocco – Austria Agreement;— Article 19 of the Morocco – Poland Agreement;— Article 18 of the Morocco – Portugal Agreement;— Article 9 of the Morocco – Sweden Agreement;— Article 9 of the Morocco – UK Agreement.L 386/26 EN Official Journal of the European Union 29.12.2006
ANNEX III
List of other States referred to in Article 2 of this Agreement
(a) The Republic of Iceland (under the Agreement on the European Economic A rea);
(b) The Principality of Liechtenstein (under the Agreement on the Europea n Economic Area);
(c) The Kingdom of Norway (under the Agreement on the European Economic Are a);
(d) The Swiss Confederation (under the Air Transport Agreement between th e European Community and the Swiss
Confederation).29.12.2006 EN Official Journal of the European Union L 386/27