EN Official Journal of the European Union L 200/24

COUNCIL DECISION

of 9 October 2009

on the signing and provisional application of a Protocol amending 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, to take account of the accession to the European Union of the Republic of Bulgaria and Romania

(2012/441/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof in conjunction with Article 300(2), the first subparagraph of Article 300(3) and Article 300(4),

Having regard to the Act of Accession of the Republic of Bulgaria and Romania to the European Union, and in particular Article 6(2) thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) On 5 December 2004, the Council authorised the Commission to negotiate a Euro-Mediterranean Aviation Agreement between the European Community and its Member States and the Kingdom of Morocco.

(2) The Euro-Mediterranean Aviation Agreement between the European Community and its Member States and the Kingdom of Morocco (‘the Agreement’) was signed in Brussels on 12 December 2006 (1).

(3) The Treaty concerning the Accession of the Republic of Bulgaria and Romania to the European Union was signed in Luxembourg on 25 April 2005 and entered into force on 1 January 2007.

(4) A Protocol amending the Agreement is necessary in order to take account of the accession of those two new Member States.

(5) The Protocol was negotiated by the parties on 19 March 2007.

(6) The Protocol should be signed and applied on a provisional basis, pending the completion of the procedures for its formal conclusion,

HAS DECIDED AS FOLLOWS:

Article 1

1. The signing of the Protocol amending 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, to take account of the accession to the European Union of the Republic of Bulgaria and Romania (‘the Protocol’) is hereby approved on behalf of the European Community, subject to its conclusion.

2. The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the European Community and its Member States subject to its conclusion.

Article 3

Subject to reciprocity, and pending its formal conclusion, the Protocol shall be applied on a provisional basis as from signature thereof by the parties.

Article 4

The notification provided for in Article 4(1) of the Protocol shall be given by the Council.

Done at Luxembourg, 9 October 2009. For the Council The President Å. TORSTENSSON

(1) OJ L 386, 29.12.2006, p. 55.

EN Official Journal of the European Union L 200/25

PROTOCOL

amending 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, to take account of the accession to the European Union of the Republic of Bulgaria and Romania

THE KINGDOM OF BELGIUM,

THE REPUBLIC OF BULGARIA,

THE CZECH REPUBLIC,

THE KINGDOM OF DENMARK,

THE FEDERAL REPUBLIC OF GERMANY,

THE REPUBLIC OF ESTONIA,

IRELAND,

THE HELLENIC REPUBLIC,

THE KINGDOM OF SPAIN,

THE FRENCH REPUBLIC,

THE ITALIAN REPUBLIC,

THE REPUBLIC OF CYPRUS,

THE REPUBLIC OF LATVIA,

THE REPUBLIC OF LITHUANIA,

THE GRAND DUCHY OF LUXEMBOURG,

THE REPUBLIC OF HUNGARY,

MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

ROMANIA,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

THE REPUBLIC OF FINLAND,

THE KINGDOM OF SWEDEN,

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,

hereinafter referred to as "the Member States", and

THE EUROPEAN COMMUNITY,

hereinafter referred to as "the Community",

represented by the Council of the European Union,

of the one part, and

THE GOVERNMENT OF THE KINGDOM OF MOROCCO,

hereinafter referred to as "Morocco",

of the other part,

Having regard to the accession of the Republic of Bulgaria and Romania to the European Union and hence to the Community on 1 January 2007,

HAVE AGREED AS FOLLOWS:

Article 1

The Republic of Bulgaria and Romania are Parties to the Euro-Mediterranean Aviation Agreement concluded between the European Community and its Member States and the Kingdom of Morocco ("the Agreement") signed in Brussels on 12 December 2006.

Article 2

1. The following provisions are added to Annex II to the Agreement (Bilateral Agreements between Morocco and the Member States of the European Community):

a) after the first indent: "— Aviation Agreement between the People's Republic of Bulgaria and the Kingdom of Morocco signed at Rabat on 14 October 1966;";

(b) after the sixteenth indent: "— Civil Aviation Agreement between the Socialist Republic of Romania and the Government of the Kingdom of Morocco signed at Bucharest on 6 December 1971, as last amended by the Memorandum of Understanding concluded at Rabat on 29 February 1996;".

2. The following provisions are added to the first paragraph of Annex III to the Agreement (operating authorisations and technical permissions: competent authorities):

(a) after the section on Belgium: "Bulgaria: General Directorate Civil Aviation Administration Ministry of Transport, Information Technologies and Communications";

(b) after the section on the Slovak Republic: "Romania: Directorate General of Infrastructure and Air Transport Ministry of Transport and Infrastructure".

Article 3

The texts of the Agreement in Bulgarian and Romanian, which are attached to this Protocol, shall be authentic under the same conditions as the other language versions.

Article 4

1. This Protocol shall be approved by the Parties in accordance with their own procedures. It shall enter into force on the date of entry into force of the Agreement. However, should this Protocol be approved by the Contracting Parties after the date of entry into force of the Agreement the Protocol would then enter into force, in accordance with Article 27(1) of the Agreement, on the date on which the Parties notify each other of the completion of their internal approval formalities.

2. This Protocol shall be applied on a provisional basis as from signature thereof by both parties.

Article 5

Done at Brussels, in duplicate, on 18 June 2012, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Arabic languages, each text being equally authentic.