EN Official Journal of the European Union L 87/10

COUNCIL DECISION

of 17 March 2008

on the conclusion of a Protocol amending Annexes I and II to the Agreement between the European Community and the Kingdom of Morocco on certain aspects of air services, in order to take account of the accession to the European Union of the Republic of Bulgaria and Romania

(2008/275/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 proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Whereas:

(1) Bulgaria and Romania signed bilateral Air Service Agreements with the Kingdom of Morocco on 14 October 1966 and 6 December 1971 respectively.

(2) The Commission has negotiated with third countries on the replacement of certain provisions appearing in the existing bilateral agreements by a Community Agreement.

(3) The Agreement between the European Community and the Kingdom of Morocco on certain aspects of air services (2) (hereinafter referred to as the horizontal Agreement) was signed at Brussels on 12 December 2006 and has been applied provisionally from that date.

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

(5) A Protocol amending Annexes I and II to the horizontal Agreement is necessary in order to take account of the accession of the two new Member States.

(6) The Protocol amending Annexes I and II to the Agreement between the European Community and the Kingdom of Morocco on certain aspects of air services was initialled on 19 March 2007.

(7) The Protocol should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol amending Annexes I and II to the Agreement between the European Community and the Kingdom of Morocco on certain aspects of air services (hereinafter referred to as the Protocol) is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council shall, on behalf of the Community, give the notification provided for in Article 3 of the Protocol (4).

Done at Brussels, 17 March 2008. For the Council The President I. JARC

(1) Opinion of 11 December 2007 (not yet published in the Official Journal).

(2) OJ L 386, 29.12.2006, p. 18.

(3) OJ L 157, 21.6.2005, p. 11.

(4) The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.

EN Official Journal of the European Union L 87/11

PROTOCOL

amending Annexes I and II to the 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’,

Having regard to the Agreements between Bulgaria and Romania and the Kingdom of Morocco, signed on 14 October 1966 at Rabat and 6 December 1971 at Bucharest respectively,

Having regard to the Agreement between the European Community and the Republic of Morocco on certain aspects of air services, signed at Brussels on 12 December 2006 (hereinafter referred to as the horizontal Agreement),

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 following provisions shall be added to Annex 1(a) of the horizontal Agreement:

‘— Aviation Agreement between the People’s Republic of Bulgaria and the Kingdom of Morocco signed at Rabat on 14 October 1966 (hereinafter referred to as the Morocco-Bulgaria Agreement);

— Civil Aviation Agreement between the Government of the Socialist Republic of Romania and the Government of the Kingdom of Morocco signed at Bucharest on 6 December 1971 (hereinafter referred to as the Morocco-Romania Agreement),

as amended by the Memorandum of Understanding signed at Rabat on 29 February 1996.’

Article 2

The following provisions shall be added to Annex II of the horizontal Agreement:

in point (a) (Designation by a Member State): ‘— Article 3 of the Morocco-Romania Agreement.’;

in point (b) (Refusal, revocation, suspension or limitation of authorisations or permissions): ‘— Article 7 of the Morocco-Bulgaria Agreement; — Article 3 and 4 of the Morocco-Romania Agreement.’;

in point (c) (Regulatory control): ‘— Article 8 of the Morocco-Bulgaria Agreement.’;

in point (d) (Taxation of aviation fuel): ‘— Article 3 of the Morocco-Bulgaria Agreement; — Article 8 of the Morocco-Romania Agreement.’;

in point (e) (Tariffs for carriage within the European Community): ‘— Article 16 of the Morocco-Bulgaria Agreement; — Article 7 of the Morocco-Romania Agreement.’

Article 3

This Protocol shall enter into force on the date on which the Parties notify each other of the completion of their respective internal approval procedures to that end.

Article 4

This Protocol shall be drawn up in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Arabic languages, each text being equally authentic.