Proposal for a Council Decision on the signature and provisional application of the Agreement between the European Community and the Kingdom of Morocco on certain aspects of air services
Date: 2005-08-26
Institutions: European Commission
Subjects: European Community, Morocco, air transport, signature of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.8.2005 
COM(2005) 393 final 

2005/0161 (CNS) 

Proposal for a 

COUNCIL DECISION 

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

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the 
Kingdom of Morocco on certain aspects of air services 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

International  aviation  relations  between  Member  States  and  third  countries  have  been 
traditionally governed by bilateral air services agreements between Member States and third 
countries, their Annexes and other related bilateral or multilateral arrangements. 

Following  the  judgments  of  the  Court  of  Justice  of  the  European  Communities  in  cases  C-
466/98,  C-467/98,  C-468/98,  C-471/98,  C-472/98,  C-475/98  and  C-476/98,  the  Community 
has  exclusive  competence  with  respect  to  various  aspects  of  external  aviation  policy.  The 
Court of Justice has also clarified the right of Community air carriers to benefit from the right 
of  establishment  within  the  Community,  including  the  right  to  non-discriminatory  market 
access. 

Traditional  designation  clauses  in  Member  States’  bilateral  air  services  agreements  infringe 
Community law. They allow a third country to reject, withdraw or suspend the permissions or 
authorisations  of  an  air  carrier  that  has  been  designated  by  a  Member  State  but  that  is  not 
substantially owned and effectively controlled by that Member State or its nationals. This has 
been found to constitute discrimination against Community carriers established in the territory 
of  a  Member  State  but  owned  and  controlled  by  nationals  of  other  Member  States.  This  is 
contrary to Article 43 of the Treaty which guarantees nationals of Member States who have 
exercised their freedom of establishment the same treatment in the host Member State as that 
accorded to nationals of that Member State. 

Following  the  Court  of  Justice  judgments,  in  June  2003  the  Council  authorised  the 
Commission  to  open  negotiations  with  third  countries  on  the  replacement  of  certain 
provisions in existing bilateral agreements with a Community agreement.1 

In  accordance  with  the  mechanisms  and  directives  in  the  Annex  to  the  Council’s  Decision 
authorising the Commission to open negotiations with third countries on the replacement of 
certain  provisions  in  existing  bilateral  agreements  with  a  Community  Agreement,  the 
Commission has negotiated an Agreement with the Kingdom of Morocco that replaces certain 
provisions  in  the  existing  bilateral  air  services  agreements  between  Member  States  and  the 
Kingdom of Morocco. Article 2 of the Agreement replaces the traditional designation clauses 
with a Community designation clause, permitting all Community carriers to benefit from the 
right  of  establishment.  Articles  4  and  5  of  the  Agreement  address  two  types  of  clauses 
concerning matters of Community competence. Article 4 deals with the taxation of aviation 
fuel, a matter which has been harmonised by Council Directive 2003/96/EC restructuring the 
Community  framework  for  the  taxation  of  energy  products  and  electricity,  and  in  particular 
Article  14(2)  thereof.  Article  5  (Tariffs)  resolves  conflicts  between  the  existing  bilateral  air 
services  agreements  and  Council  Regulation  No  2409/92  on  fares  and  rates  for  air  services 
which  prohibits  third  country  carriers  from  being  price  leaders  on  air  services  for  carriage 
wholly within the Community. 

The  Council  is  asked  to  approve  the  Decisions  on  the  signature  and  provisional  application 
and on the conclusion of the Agreement between the European Community and the Kingdom 
of Morocco on certain aspects of air services and to designate the persons authorised to sign 
the Agreement on behalf of the Community. 

1 

Council Decision 11323/03 of 5 June 2003 (restricted document). 

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Proposal for a 

COUNCIL DECISION 

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

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission 2, 

Whereas: 

(1) 

(2) 

On  5  June  2003,  the  Council  authorised  the  Commission  to  open  negotiations  with 
third  countries  on  the  replacement  of  certain  provisions  in  existing  bilateral 
agreements with a Community Agreement. 

The Commission has negotiated, on behalf of the Community, an Agreement with the 
Kingdom  of  Morocco  on  certain  aspects  of  air  services  in  accordance  with  the 
mechanisms  and  directives  in  the  Annex  to  the  Council  Decision  authorising  the 
Commission  to  open  negotiations  with  third  countries  on  the  replacement  of  certain 
provisions in existing bilateral agreements with a Community Agreement. 

(3) 

Subject  to  its  possible  conclusion  at  a  later  date,  the  Agreement  negotiated  by  the 
Commission should be signed and provisionally applied. 

HAS DECIDED AS FOLLOWS: 

Sole Article 

1. 

2. 

Subject  to  its  conclusion  at  a  later  date,  the  President  of  the  Council  is  hereby 
authorised  to  designate  the  person  or  persons  empowered  to  sign  on  behalf  of  the 
Community the Agreement between the European Community and the Kingdom of 
Morocco on certain aspects of air services. 

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

2 

OJ C […], […], p. […]. 

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3. 

The text of the Agreement is annexed to this Decision. 

Done at Brussels, […] 

For the Council 
The President 

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2005/0161 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Community and the 
Kingdom of Morocco on certain aspects of air services 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission 3, 

Having regard to the opinion of the European Parliament 4, 

Whereas: 

(1) 

(2) 

On  5  June  2003,  the  Council  authorised  the  Commission  to  open  negotiations  with 
third  countries  on  the  replacement  of  certain  provisions  in  existing  bilateral 
agreements with a Community Agreement. 

The Commission has negotiated, on behalf of the Community, an Agreement with the 
Kingdom  of  Morocco  on  certain  aspects  of  air  services  in  accordance  with  the 
mechanisms  and  directives  in  the  Annex  to  the  Council  Decision  authorising  the 
Commission  to  open  negotiations  with  third  countries  on  the  replacement  of  certain 
provisions in existing bilateral agreements with a Community Agreement. 

(3) 

The  Agreement  was  signed  on  behalf  of  the  European  Community  on  subject  to  its 
possible conclusion at a later date, in conformity with Council Decision …/…/EC of 5.  

(4) 

This Agreement should be approved, 

HAS DECIDED AS FOLLOWS: 

Article 1 

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. 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 

1. 

3 
4 
5 

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2. 

The text of the Agreement is annexed to this Decision. 

Article 2 

The  President  of  the  Council  is  authorised  to  designate  the  person  empowered  to  make  the 
notification provided for in Article 8(1) of the Agreement. 

Done at Brussels, […] 

For the Council 
The President 

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ANNEX 

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 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  certain  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: 

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1. 

2. 

3. 

1. 

2. 

Article 1 
General provisions 

For the purposes of this Agreement, “Member States” shall mean Member States of 
the European Community. 

References in each of the agreements listed in Annex 1 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. 

References in each of the agreements listed in Annex 1 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 

The  provisions  of  paragraphs  2  and  3  of  this  Article  shall  supersede  the 
corresponding provisions of the articles listed in Annex 2 (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. 

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: 

i. 

ii. 

iii. 

the  air  carrier  is  established  in  the  territory  of  the  designating  Member  State 
under  the  Treaty  establishing  the  European  Community  and  has  a  valid 
Operating Licence in accordance with European Community law; 

effective regulatory control of the air carrier is exercised and maintained by the 
Member  State  responsible  for  issuing  its  Air  Operators  Certificate  and  the 
relevant aeronautical authority is clearly identified in the designation; and 

the  air  carrier  is  owned  and  shall  continue  to  be  owned  directly  or  through 
majority  ownership  by  Member  States  and/or  nationals  of  Member  States,  or 
by  other  States  listed  in  Annex  3  and/or  nationals  of  such  other  States,  and 
shall at all times be effectively controlled by such States and/or such nationals. 

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: 

i. 

the air carrier is not established in the territory of the designating Member State 
under  the  Treaty  establishing  the  European  Community  or  does  not  have  a 
valid Operating Licence in accordance with European Community law; 

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ii. 

iii. 

effective regulatory control of the air carrier is not exercised and maintained by 
the  Member  State  responsible  for  issuing  its  Air  Operators  Certificate,  or  the 
relevant aeronautical authority is not clearly identified in the designation; or 

the  air  carrier  is  not  owned  and  effectively  controlled  directly  or  through 
majority  ownership  by  Member  States  and/or  nationals  of  Member  States,  or 
by other States listed in Annex 3 and/or nationals of such other States. 

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

4. 

5. 

The  provisions  of  paragraphs  5  and  6  of  this  Article  shall  supersede  the 
corresponding provisions of the articles listed in Annex 2 (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. 

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: 

i. 

ii. 

iii. 

the air carrier is established in the territory of the Kingdom of Morocco and has 
a valid Operating Licence or any other equivalent document in accordance with 
Moroccan law; 

effective regulatory control of the air carrier is exercised and maintained by the 
Kingdom of Morocco, and 

the  air  carrier  is  owned  and  shall  continue  to  be  owned  directly  or  through 
majority  ownership  by  the  Kingdom  of  Morocco  and/or  its  nationals  or  by 
Member  States  and/or  their  nationals,  and  shall  at  all  times  be  effectively 
controlled  by  the  Kingdom  of  Morocco  and/or  its  nationals  or  by  Member 
States and/or their nationals, unless the applicable agreement listed in Annex 1 
contains more favourable provisions in this connection. 

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: 

i. 

ii. 

iii. 

the air carrier is not established in the territory of the Kingdom of Morocco or 
does not have a valid Operating Licence in accordance with Moroccan law; 

effective regulatory control of the air carrier is not exercised and maintained by 
the Kingdom of Morocco; or 

the  air  carrier  is  not  owned  and  effectively  controlled,  directly  or  through 
majority  ownership,  by  the  Kingdom  of  Morocco  and/or  its  nationals  or  by 
Member States and/or their nationals, unless the applicable agreement listed in 
Annex 1 contains more favourable provisions in this connection. 

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1. 

2. 

1. 

2. 

1. 

2. 

3. 

Article 3 
Rights with regard to regulatory control 

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

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 

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

Notwithstanding  any  other  provision  to  the  contrary,  nothing  in  each  of  the 
agreements listed in Annex 2 (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 

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

The  tariffs  charged  by  the  air  carrier(s)  designated  by  the  Kingdom  of  Morocco 
under an agreement listed in Annex 1 containing a provision listed in Annex 2 (e) for 
carriage  wholly  within  the  European  Community  shall  be  subject  to  European 
Community law. 

The  tariffs  charged  by  the  air  carrier(s)  designated  by  the  Member  States  under  an 
agreement listed in Annex 1 containing a provision listed in Annex 2 (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. 

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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 

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. 

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. 

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  1  (b).  This 
Agreement  shall  apply  to  all  such  Agreements  and  arrangements  upon  their  entry 
into force or provisional application. 

Article 9 
Termination 

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

In  the  event  that  all  agreements  listed  in  Annex  1  are  terminated,  this  Agreement 
shall terminate at the same time. 

1. 

2. 

3. 

1. 

2. 

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

Done  at  […],  in  duplicate,  on  […]in  the  Czech,  Danish,  Dutch,  English,  Estonian,  Finnish, 
French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, 
Slovak, Slovene, Spanish, Swedish and [Arabic/French] languages. In case of divergence the 
French text shall prevail. 

FOR THE EUROPEAN COMMUNITY: 

FOR THE KINGDOM OF MOROCCO: 

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Annex 1 

a)  Bilateral  air  services  agreements  between  the  Kingdom  of  Morocco  and  Member 
States  of  the  European  Community  which,  at  the  date  of  signature  of  this  Agreement, 
have been concluded, have 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 referred to as “the Belgium – Morocco Agreement” in Annex 2; 

Supplemented by the Exchange of Notes dated 20 January 1958; 

Last amended by the Memorandum of Understanding done at Rabat on 11 June 2002. 

–  Air  Transport  Agreement  between  the  Government  of  the  Czechoslovak  Socialist 
Republic and the Government of His Majesty the King of Morocco done at Rabat on 8 
May  1961,  in  respect  of  which  the  Czech  Republic  has  deposited  a  declaration  of 
succession,  hereinafter  referred  to  as  the  “Morocco  –  Czech  Republic  Agreement”  in 
Annex 2. 

–  Air Services Agreement between the Government of the Kingdom of Denmark and the 
Government  of  the  Kingdom  of  Morocco  done  at  Rabat  on  14  November  1977, 
hereinafter referred to as the “Morocco – Denmark” in Annex 2; 

–  Supplemented by the Exchange of Notes dated 14 November 1977. 

–  Air Transport Agreement between the Federal Republic of Germany and the Kingdom 
of Morocco done at Bonn on 12 October 1961, hereinafter referred to as the “Morocco – 
Germany Agreement” in Annex 2; 

–  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 1998. 

–  Air  Transport  Agreement  between  the  Government  of  the  Hellenic  Republic  and  the 
Government of the Kingdom of Morocco done at Athens on 6 October 1998, hereinafter 
referred to as the “Morocco – Greece Agreement” in Annex 2; 

–  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 Government of 
the  Kingdom  of  Morocco  done  at  Madrid  on  7  July  1970,  hereinafter  referred  to  as  the 
“Morocco – Spain Agreement” in Annex 2; 

Last supplemented by the Exchange of Letters dated 12 August 2003 and 25 August 2003.  

–  Air  Transport  Agreement  between  the  Government  of  the  French  Republic  and  the 
Government  of  His  Majesty  the  King  of  Morocco  done  at  Rabat  on  25  October  1957, 
hereinafter referred to as the “Morocco – France Agreement” in Annex 2. 

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–  Air  Transport  Agreement  between  the  Government  of  the  Republic  of  Italy  and  the 
Government  of  His  Majesty  the  King  of  Morocco  done  at  Rome  on  8  July  1967, 
hereinafter referred to as the “Morocco – Italy Agreement” in Annex 2; 

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 2002. 

–  Air  Transport  Agreement  between  the  Government  of  the  Republic  of  Latvia  and  the 
Government of the Kingdom of Morocco done at Warsaw on 19 May 1999, hereinafter 
referred to as the “Morocco – Latvia Agreement” in Annex 2. 

–  Air  Transport  Agreement  between  the  Government  of  the  Grand-Duchy  of 
Luxembourg and the Government of His Majesty the King of Morocco done at Bonn 
on  5  July  1961,  hereinafter  referred  to  as  the  “Morocco  –  Luxembourg  Agreement”  in 
Annex 2. 

–  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 Agreement” in Annex 2. 

–  Air  Transport  Agreement  between  the  Government  of  the  Republic  of  Malta  and  the 
Government  of  His  Majesty  the  King  of  Morocco  done  at  Rabat  on  26  May  1983, 
hereinafter referred to as the “Morocco – Malta Agreement” in Annex 2. 

–  Air  Transport  Agreement  between  the  Government  of  Her  Majesty  the  Queen  of  the 
Netherlands and the Government of His Majesty the King of Morocco done at Rabat 
on  20  May  1959,  hereinafter  referred  to  as  the  “Morocco  –  Netherlands  Agreement”  in 
Annex 2. 

–  Air  Transport  Agreement  between  the  Federal  Government  of  Austria  and  the 
Government of the Kingdom of Morocco done at Rabat on 27 February 2002, hereinafter 
referred to as the “Morocco – Austria Agreement” in Annex 2. 

–  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 referred to as the “Morocco – Poland Agreement” in Annex 2. 

–  Air  Transport  Agreement  between  Portugal  and  the  Government  of  the  Kingdom  of 
Morocco  done  at  Rabat  on  3  April  1958,  hereinafter  referred  to  as  the  “Morocco  – 
Portugal Agreement” in Annex 2; 

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 and the 
Government  of  the  Kingdom  of  Morocco  done  at  Rabat  on  14  November  1977, 
hereinafter referred to as the “Morocco – Sweden Agreement” in Annex 2; 

Supplemented by the Exchange of Notes dated 14 November 1977. 

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–  Air  Services  Agreement  between  the  Government  of  the  United  Kingdom  of  Great 
Britain and Northern Ireland and the Government of the Kingdom of Morocco done 
at London on 22 October 1965, hereinafter referred to as the “Morocco – UK Agreement” 
in Annex 2; 

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  between  the 
Kingdom  of  Morocco  and  Member  States  of  the  European  Community  which,  at  the 
date  of  signature  of  this  Agreement,  have  not  yet  entered  into  force  and  are  not  being 
applied provisionally 

–  Air Services  Agreement between the Government of the Kingdom of the Netherlands 
and  the  Government  of  the  Kingdom  of  Morocco  as  attached,  as  Annex  1,  to  the 
Memorandum of Understanding done at The Hague on 20 June 2001, hereinafter referred 
to as the “Morocco – Netherlands Agreement” in Annex 2. 

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List of articles in the agreements listed in Annex 1 and referred to in Articles 2 to 5 of 
this Agreement 

Annex 2 

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 permissions: 

–  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; 

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–  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; 

–  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; 

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–  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. 

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; 

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–  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. 

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Annex 3 

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

a) The Republic of Iceland (under the Agreement on the European Economic Area) 

b)  The  Principality  of  Liechtenstein  (under  the  Agreement  on  the  European  Economic 
Area) 

c) The Kingdom of Norway (under the Agreement on the European Economic Area) 

d)  The  Swiss  Confederation  (under  the  Air  Transport  Agreement  between  the  European 
Community and the Swiss Confederation) 

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   EN