Proposal for a Decision of the Council and the representatives of the governments of the Member States of the European Union, meeting within the council On the conclusion of the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, on the one hand, and the Kingdom of Morocco, on the other hand
Date: 2006-03-30
Institutions: European Commission
Subjects: European Community, Morocco, air transport, ratification of an agreement, transport licence, transport regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.3.2006 
COM(2006) 145 final 

2006/0048 (CNS) 

Proposal for a 

DECISION OF THE COUNCIL AND THE REPRESENTATIVES OF THE 
GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, 
MEETING WITHIN THE COUNCIL 

On the signature and provisional application of the Euro-Mediterranean Aviation 
Agreement between the European Community and its Member States, on the one hand, 
and the Kingdom of Morocco, on the other hand 

Proposal for a 

DECISION OF THE COUNCIL AND THE REPRESENTATIVES OF THE 
GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, 
MEETING WITHIN THE COUNCIL 

On the conclusion of the Euro-Mediterranean Aviation Agreement between the 
European Community and its Member States, on the one hand, and the Kingdom of 
Morocco, on the other hand 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

•  Grounds for and objectives of the proposal 

The  Euro-Mediterranean  Aviation  Agreement  between  the  European  Community  and 
the  Kingdom  of  Morocco  has  been  negotiated  under  a  mandate  received  from  the 
Council in December 2004. 

120 

•  General context 

Based on the negotiating directives of the mandate, the text of the Morocco agreement 
was  agreed  ad  referendum  at  the  final  negotiating  round  on  14  December  2005  and 
initialled  by  Vice-president  Barrot  and  Mr.  Ghellab,  Minister  for  equipment  and 
transport  of  Morocco,  on  the  occasion  of  the  first  Euromed  conference  of  Transport 
Ministers held in Marrakech on 15 December 2005. The signature of the agreement is 
foreseen for the first half of 2006. 

•  Existing provisions in the area of the proposal 

There are no existing provisions in the area of the proposal. 

•  Consistency with the other policies and objectives of the Union 

The  Morocco  agreement  is  the  very  first  step  in  the  process  of  strengthening  the 
aviation  relations  between  the  European  Community  and  the  countries  neighbouring 
the  EU,  as  set  out  in  Commission  Communication  COM(2005)  79  final  "Developing 
the agenda for the Community's external aviation policy". 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

All  throughout  the  negotiating  process,  the  Commission  has  been  assisted  by  a 
Consultative Forum representing the industry that has been involved actively.  

Summary of responses and how they have been taken into account 

More  than  6  meetings  have  been  held  with  the  Consultative  forum,  where  the  then 
current draft of the agreement was provided. All comments have been duly taken into 
consideration. 

•  Collection and use of expertise 

There was no need for external expertise. 

• 

Impact assessment 

139 

140 

211 

212 

229 

230 

The  agreement  shall  be  instrumental  in  achieving  the  highest  possible  degree  of 

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convergence between Morocco and the European Union on matters of economic, social 
and environmental relevance in the aviation sector: 

Economic: the agreement provides for the adoption by Moroccan carriers of the same 
standards  applied  by  Community  carriers  on  matters  of  safety,  security  and 
competition; 

Environment:  all  environmental  regulations  applicable  to  the  aviation  sector  will  be 
also adopted by Morocco; 

Social:  Morocco  will  also  adopt  European  standards  on  social  matters  pertaining  to 
aviation. 

Safeguard  provisions  are  foreseen  in  the  agreement  to  allow  for  quick  action  should 
any deviation happen. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

305 

•  Summary of the proposed action 

Due  to  the  advance  status  of  the  relationship  between  Morocco  and  the  European 
Union, the Morocco agreement will result in the seamless integration of the Moroccan 
transport market into the single European market through a two-stage approach, always 
based  on  the  three  pillars  of  the  aviation  external  policy:  regulatory  convergence 
(integration of the EC aviation regulations, participation in the Single European  Sky) 
assorted  with  targeted  technical  assistance  (through  instruments  such  as  the  PAST), 
leading  to  the  highest  possible  degree  of  market  opening.  This  would  result  in  an 
unrestricted  commercial  environment  where  operators  are  free  to  take  commercial 
decisions, and where they operate under the highest standards in the areas of aviation 
safety, aviation security, environmental and consumer protection. 

310 

•  Legal basis 

Article  80(2),  in  conjunction  with  the  first  sentence  of  the  first  subparagraph  of 
Article 300(2) and Article 300(4) thereof 

320 

•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Community. 

The  objectives  of  the  proposal  cannot  be sufficiently  achieved  by  the  Member  States 
for the following reason(s). 

321 

The  Euro-Mediterranean  agreement  in  the  field  of  aviation  between  the  Community 
and the Kingdom of Morocco is not merely an agreement to open markets between the 
two  parties  but  also  includes  an  extensive  alignment  of  aviation  legislation  with  key 
parts of the Community rules and regulations, including on safety, economic regulation 
and  in  particular  competition  laws,  air  traffic  management  and  consumer  protection. 
The agreement would also offer a gradual opening of market access between Morocco 
and  the  EU,  providing  substantial  opportunities  for  passengers  and  industry  on  both 
sides.  Finally,  this  agreement  provides  a  concrete  example  of  what  can  be  achieved 

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within the Euro-Mediterranean partnership 

Community action will better achieve the objectives of the proposal for the following 
reason(s). 

The  agreement  allows  for  the  simultaneous  extension  of  its  terms  to  the  25  Member 
States,  applying  the  same  rules  without  discrimination  and  benefiting  all  Community 
air-carriers regardless of their nationality. These carriers can now operate freely from 
any point in the European Union to any point in Morocco. 

Market  opportunities  will  also  increase:  with  a  Moroccan  population  of  around 
31 million and an EU population of 450 million, current annual growth of air traffic is 
already around 7%. Removal of all capacity limitations between Morocco and the EU 
may  also  attract  new  entrants  to  the  market  and  create  opportunities  to  operate  to 
underserved  airports.  New  rights  in  code-sharing  and  wet-lease  will  provide  further 
opportunities to the carriers and develop the market.  

Furthermore, the alignment of aviation legislation can only be achieved at Community 
level,  since  Community  rules  and  regulations  are  included  in  the  scope  of  the 
agreement. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

From  Phase  1,  a  joint  body  is  established  to  discuss  matters  related  to  the 
implementation of the Agreement as well as decide the integration of new legislation 
into  it.  The  Joint  Committee  will  seek  for  the  evolution  of  the  Agreement,  address 
social issues and economic proposals on ownership and control. The Joint Committee 
will be composed of representatives of the Commission and the Member States. 

Furthermore,  Member  States  will  continue  to  carry  out  the  traditional  administrative 
tasks they execute in the context of international air transport, but under common rules 
applied uniformly.  

•  Choice of instruments 

Proposed instruments: other. 

Other means would not be adequate for the following reason(s). 

Bilateral aviation relations can only be instrumented in international agreements. 

324 

325 

327 

331 

332 

341 

342 

4)  BUDGETARY IMPLICATION 

409 

The proposal has no implication for the Community budget. 

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5)  ADDITIONAL INFORMATION 

•  Simulation, pilot phase and transitory period 

There was or there will be a transitory period for the proposal. 

•  European Economic Area 

The proposed act concerns an EEA matter and should therefore extend to the European 
Economic Area. 

507 

560 

E-4450 

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Proposal for a 

DECISION OF THE COUNCIL AND THE REPRESENTATIVES OF THE 
GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, 
MEETING WITHIN THE COUNCIL 

On the signature and provisional application of the Euro-Mediterranean Aviation 
Agreement between the European Community and its Member States, on the one hand, 
and the Kingdom of Morocco, on the other hand 

(Text with EEA relevance) 

THE COUNCIL  OF THE EUROPEAN  UNION AND THE  REPRESENTATIVES OF 
THE  GOVERNMENTS  OF  THE  MEMBER  STATES  MEETING  WITHIN  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 Article 300(4) thereof 

Whereas 

(1) 

(2) 

(3) 

(4) 

The  Commission  has  negotiated  on  behalf  of  the  Community  and  of  the  Member 
States  an  Euro-Mediterranean  Aviation  Agreement  with  the  Kingdom  of  Morocco 
(hereinafter, “the Agreement”); 

 An agreement was initialled on at Marrakech on 14 December 2005; 

the Agreement should be signed and applied provisionally by the Community and the 
Member States, subject to its possible conclusion at a later date; 

 It  is  necessary  to  lay  down  procedural  arrangements  for  the  participation  of  the 
Community and the Member States in the Joint Committee set up under Article 21 of 
the  Agreement  and  in  the  arbitration  procedures  provided  in  Article  22  of  the 
Agreement,  as  well  as  for  implementing  certain  provisions  of  the  Agreement, 
including  those  concerning  the  adoption  of  safeguard  measures,  the  granting  and 
revocation of traffic rights, and certain safety and security matters.  

HAVE DECIDED AS FOLLOWS 

Article 1 (Signature) 

Subject  to  a  possible  conclusion  at  a  later  date,  the  President  of  the  Council  is  hereby 
authorised to designate the person empowered to sign, on behalf of the Community, the Euro-
Mediterranean  Aviation  Agreement  between  the  European  Community  and  its  Member 

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States,  of  the  one  part,  and  the  Kingdom  of  Morocco,  of  the  other  part.  The  text  of  the 
Agreement is attached to this decision.  

Article 2 (Provisional application) 

Pending  its  entry  into  force,  the  Agreement  shall  be  applied  on  a  provisional  basis  by  the 
Community and by the Member States from the date of signature. 

1. 

2. 

3. 

1. 

2. 

3. 

1. 

2. 

Article 3 (Joint Committee) 

The Community and the Member States shall be represented in the Joint Committee 
established under Article 21 of the Agreement by representatives of the Commission 
and of the Member States. 

The position to be taken by the Community and the Member States within the Joint 
Committee as regards the amendment of the Annexes of the Agreement, any matters 
falling  within  Article  6  or  7  of  the  Agreement  or  any  other  matter  of  exclusive 
Community  competence  shall  be  established  by  the  Commission.  In  all  other 
instances,  the  Community  position  shall  be  established  by  the  Council,  acting  by 
qualified majority on a proposal from the Commission.  

The  position  of  the  Community  and  of  the  Member  States  within  the  Joint 
Committee shall be presented by the Commission. 

Article 4 (Arbitration) 

The  Commission  shall  represent  the  Community  and  the  Member  States  in 
arbitration proceedings under Article 22 of the Agreement.  

A  decision  to  suspend  the  application  of  benefits  pursuant  to  Article  22(6)  of  the 
Agreement shall be taken by the Council on the basis of a Commission proposal. The 
Council shall decide by qualified majority. 

Any  other  appropriate  action  to  be  taken  under  Article  22  of  the  Agreement  on 
matters  of  exclusive  competence  of  the  Community  shall  be  decided  by  the 
Commission,  with  the  assistance  of  a  Special  Committee  of  representatives  of  the 
Member States appointed by the Council.  

Article 5 (Safeguard measures) 

A decision to take safeguard measures pursuant to Article 23 of the Agreement shall 
be  taken,  on  its  own  initiative  or  upon  a  request  from  a  Member  State,  by  the 
Commission, which shall be assisted by a special Committee of representatives of the 
Member States appointed by the Council. 

Where  a  Member  State  requests  the  Commission  to  apply  safeguard  measures,  it 
shall provide the Commission, in support of its request, with the information needed 
to justify it. The Commission shall take a decision on such request within one month 

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or,  in  cases  of  urgency,  within  10  working  days,  and  inform  the  Council  and  the 
Member  States  of  its  decision.  Any  Member  State  may  refer  the  decision  of  the 
Commission to the Council within 10 working days of its notification. The Council 
may  take  a  different  decision  within  one  month  of  the  referral.  The  Council  shall 
decide by qualified majority. 

Article 6 (Traffic rights) 

1. 

2. 

Member  States  shall  inform  in  advance  the  Commission  of  any  decision  that  they 
intend to adopt under Articles 3 or 4 of the Agreement. 

If the Commission determines at any time that a decision which a Member State has 
adopted, or intends to adopt, under Articles 3 or 4 of the Agreement is incompatible 
with  the  Agreement  it  shall  address  a  decision  to  that  Member  State  requiring  it  to 
take  appropriate  action  in  order  to  comply  with  the  Agreement.  The  Commission 
shall inform the Council and the other Member States of such decision. Any Member 
State  may  refer  the  decision  of  the  Commission  to  the  Council  within  10  working 
days  from  its  notification.  The  Council  may  take  a  different  decision  within  one 
month of the referral. The Council shall decide by qualified majority. 

Article 7 (Safety) 

Member  States  shall  inform  the  Commission  immediately  of  any  requests  or  notifications 
made or received by them under Article 13 of the Agreement.  

Article 8 (Security) 

Member  States  shall  inform  the  Commission  immediately  of  any  requests  or  notifications 
made or received by them under Article 14 of the Agreement.  

Done at Brussels,  

For the Council 
The President 

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2006/0048 (CNS) 

Proposal for a 

DECISION OF THE COUNCIL AND THE REPRESENTATIVES OF THE 
GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION, 
MEETING WITHIN THE COUNCIL 

On the conclusion of the Euro-Mediterranean Aviation Agreement between the 
European Community and its Member States, on the one hand, and the Kingdom of 
Morocco, on the other hand 

THE COUNCIL  OF THE EUROPEAN  UNION AND THE  REPRESENTATIVES OF 
THE  GOVERNMENTS  OF  THE  MEMBER  STATES  MEETING  WITHIN  THE 
COUNCIL, 

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), the first subparagraph of Article 300(3) and Article 300(4) thereof 

Having regard to the opinion of the European Parliament 

Whereas 

(1) 

The  Commission  has  negotiated  on  behalf  of  the  Community  and  of  the  Member 
States  an  Euro-Mediterranean  Aviation  Agreement  with  the  Kingdom  of  Morocco 
(hereinafter “the Agreement”); 

(2) 

An agreement was signed on ….; 

(3) 

The Agreement should be approved by the Community and the Member States; 

(4) 

It  is  necessary  to  lay  down  procedural  arrangements  for  the  participation  of  the 
Community and the Member States in the Joint Committee set up under Article 21 of 
the  Agreement  and  in  the  arbitration  procedures  provided  in  Article  22  of  the 
Agreement,  as  well  as  for  implementing  certain  provisions  of  the  Agreement, 
including  those  concerning  the  adoption  of  safeguard  measures,  the  granting  and 
revocation of traffic rights and certain safety and security matters.  

HAVE DECIDED AS FOLLOWS 

Article 1 (Approval) 

1. 

The Euro-Mediterranean Aviation Agreement between the European Community and 
its Member States, on the one part, and the Kingdom of Morocco, of the other part is 
hereby approved on behalf of the Community. The text of the Agreement is attached 
to this decision.  

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2. 

3. 

1. 

2. 

3. 

1. 

2. 

3. 

1. 

Upon  completion  of  its  internal  procedures  for  entry  into  force  of  the  Agreement, 
each  Member  State  shall  transmit  to  the  Secretariat  of  the  Council  the  diplomatic 
note provided for in Article 29 of the Agreement.  

The president of the Council is hereby authorised to designate the person empowered 
to deliver to the Kingdom of Morocco the diplomatic notes provided in Article 29 of 
the  Agreement  on  behalf  of  the  Community  and  of  the  Member  States.]  [based  on 
Article 25 of the agreement with the US, which the Legal Service suggests to insert in 
Article 29] 

Article 2 (Joint Committee) 

The Community and the Member States shall be represented in the Joint Committee 
established under Article 21 of the Agreement by representatives of the Commission 
and of the Member States. 

The position to be taken by the Community and the Member States within the Joint 
Committee as regards the amendment of the Annexes of the Agreement, any matters 
falling  within  Article  6  or  7  of  the  Agreement  or  any  other  matter  of  exclusive 
Community  competence  shall  be  established  by  the  Commission.  In  all  other 
instances,  the  Community  position  shall  be  established  by  the  Council,  acting  by 
qualified majority on a proposal from the Commission.  

The  position  of  the  Community  and  of  the  Member  States  within  the  Joint 
Committee shall be presented by the Commission. 

Article 3 (Arbitration) 

The  Commission  shall  represent  the  Community  and  the  Member  States  in 
arbitration proceedings under Article 22 of the Agreement.  

A  decision  to  suspend  the  application  of  benefits  pursuant  to  Article  22(6)  of  the 
Agreement shall be taken by the Council on the basis of a Commission proposal. The 
Council shall decide by qualified majority. 

Any  other  appropriate  action  to  be  taken  under  Article  22  of  the  Agreement  on 
matters  of  exclusive  competence  of  the  Community  shall  be  decided  by  the 
Commission,  with  the  assistance  of  a  Special  Committee  of  representatives  of  the 
Member States appointed by the Council.  

Article 4 (Safeguard measures) 

A decision to take safeguard measures pursuant to Article 23 of the Agreement shall 
be  taken,  on  its  own  initiative  or  upon  a  request  from  a  Member  State,  by  the 
Commission, which shall be assisted by a special Committee of representatives of the 
Member States appointed by the Council. 

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2. 

1. 

2. 

Where  a  Member  State  requests  the  Commission  to  apply  safeguard  measures,  it 
shall provide the Commission, in support of its request, with the information needed 
to justify it. The Commission shall take a decision on such request within one month 
or,  in  cases  of  urgency,  within  10  working  days,  and  inform  the  Council  and  the 
Member  States  of  its  decision.  Any  Member  State  may  refer  the  decision  of  the 
Commission to the Council within 10 working days of its notification. The Council 
may  take  a  different  decision  within  one  month  of  the  referral.  The  Council  shall 
decide by qualified majority. 

Article 5 (Traffic rights) 

Member  States  shall  inform  in  advance  the  Commission  of  any  decision  that  they 
intend to adopt under Articles 3 or 4 of the Agreement. 

If the Commission determines at any time that a decision which a Member State has 
adopted, or intends to adopt, under Articles 3 or 4 of the Agreement is incompatible 
with  the  Agreement  it  shall  address  a  decision  to  that  Member  State  requiring  it  to 
take  appropriate  action  in  order  to  comply  with  the  Agreement.  The  Commission 
shall inform the Council and the other Member States of such decision. Any Member 
State  may  refer  the  decision  of  the  Commission  to  the  Council  within  10  working 
days  from  its  notification.  The  Council  may  take  a  different  decision  within  one 
month of the referral. The Council shall decide by qualified majority. 

Article 6 (Safety) 

Member  States  shall  inform  the  Commission  immediately  of  any  requests  or  notifications 
made or received by them under Article 13 of the Agreement.  

Article 7 (Security) 

Member  States  shall  inform  the  Commission  immediately  of  any  requests  or  notifications 
made or received by them under Article 14 of the Agreement.  

Done at Brussels,  

For the Council 
The President 

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ANNEX 

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 

THE KINGDOM OF BELGIUM, 

THE CZECH REPUBLIC, 

THE KINGDOM OF DENMARK, 

THE FEDERAL REPUBLIC OF GERMANY, 

THE REPUBLIC OF ESTONIA, 

THE HELLENIC REPUBLIC, 

THE KINGDOM OF SPAIN, 

THE FRENCH REPUBLIC, 

IRELAND, 

THE ITALIAN REPUBLIC, 

THE REPUBLIC OF CYPRUS, 

THE REPUBLIC OF LATVIA, 

THE REPUBLIC OF LITHUANIA, 

THE GRAND DUCHY OF LUXEMBOURG, 

THE REPUBLIC OF HUNGARY, 

THE REPUBLIC OF MALTA, 

THE KINGDOM OF THE NETHERLANDS, 

THE REPUBLIC OF AUSTRIA, 

THE REPUBLIC OF POLAND, 

THE PORTUGUESE REPUBLIC, 

THE REPUBLIC OF SLOVENIA, 

THE REPUBLIC OF SLOVAKIA, 

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THE REPUBLIC OF FINLAND, 

THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 

Contracting Parties to the Treaty establishing the European Community, hereinafter 
referred to as the "Member States", and 

THE EUROPEAN COMMUNITY, 

hereinafter referred to as "the Community", of the one part, and 

THE KINGDOM OF MOROCCO, 

hereinafter referred to as "Morocco", of the other part, 

Desiring  to  promote  an  international  aviation  system  based  on  fair  competition 
among  air  carriers  in  the  marketplace  with  minimum  government  interference  and 
regulation;  

Desiring  to  facilitate  the  expansion  of  international  air  transport  opportunities, 
including  through  the  development  of  air  transport  networks  to  meet  the  needs  of 
passengers and shippers for convenient air transport services;  

Desiring to make it possible for air carriers to offer the travelling and shipping public 
competitive prices and services in open markets;  

Desiring to have all sectors of the air transport industry, including air carrier workers, 
benefit in a liberalized agreement; 

Desiring  to  ensure  the  highest  degree  of  safety  and  security  in  international  air 
transport  and  reaffirming  their  grave  concern  about  acts  or  threats  against  the 
security  of  aircraft,  which  jeopardize  the  safety  of  persons  or  property,  adversely 
affect the operation of air transport, and undermine public confidence in the safety of 
civil aviation;  

Noting  the  Convention  on  International  Civil  Aviation,  opened  for  signature  at 
Chicago on December 7, 1944; 

Desiring to ensure a level playing field for air carriers; 

Recognizing that government subsidies may adversely affect air carrier competition 
and may jeopardize the basic objectives of this Agreement; 

Affirming  the  importance  of  protecting  the  environment  in  developing  and 
implementing  international  aviation  policy  and  recognizing  the  rights  of  sovereign 
States to take appropriate measures to this effect; 

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Noting the importance of protecting consumers, including the protections afforded by 
the Convention for the Unification of Certain Rules for International Carriage by Air, 
done  at  Montreal  May  28,  1999,  in  so  far  as  both  Parties  are  parties  to  this 
Convention; 

Intending to build upon the framework of existing air transport agreements with the 
goal  of  opening  access  to  markets  and  maximizing  benefits  for  consumers,  air 
carriers, labour, and communities on both sides;  

Considering that an agreement between the European Community and Morocco can 
constitute  a  reference  in  Euro-Mediterranean  aviation  relations  in  order  to  fully 
promote the benefits of liberalization in this crucial economic sector; 

Noting  that  such  an  agreement  has  the  objective  to  be  applied  in  a  progressive  but 
integral  way,  and  that  a  suitable  mechanism  can  ensure  ever-closer  harmonisation 
with Community legislation, 

Have agreed as follows: 

Article 1 

Definitions 

For the purposes of this Agreement, unless otherwise stated, the term: 

1. 

2. 

3. 

4. 

5. 

the  terms  ‘‘agreed  service’’  and  ‘‘specified  route’’  mean  international  air  transport 
pursuant to Article 2 and Annex 1 to this Agreement; 

“Agreement” means this Agreement, its Annexes, and any amendments thereto; 

“Air  Transport”  means  the  carriage  by  aircraft  of  passengers,  baggage,  cargo,  and 
mail,  separately  or  in  combination,  held  out  to  the  public  for  remuneration  or  hire, 
which,  for  the  avoidance  of  doubt,  shall  include  scheduled  and  non-scheduled 
(charter) air transport, and full cargo services; 

“Association Agreement” means the Euro-Mediterranean Agreement establishing an 
association between the European Communities and their Member States, of the one 
part,  and  the  Kingdom  of  Morocco,  of  the  other  part,  done  at  Brussels  on 
26th February 1996; 

“Community  Operating  Licence”  means  an  operating  licence  in  relation  to  air 
carriers  established  in  the  European  Community  granted  and  maintained  in 
accordance with Council Regulation (EEC) No. 2407/92 of 23 July 1992 on licensing 
of air carriers. 

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6. 

“Convention”  means  the  Convention  on  International  Civil  Aviation,  opened  for 
signature at Chicago on December 7, 1944, and includes: 

(a) 

(b) 

any amendment that has entered into force under Article 94(a) of the 
Convention  and  has  been  ratified  by  both  Morocco  and  the  Member 
State or Member States of the European Community as is relevant to 
the issue in question, and 

any Annex or any amendment thereto adopted under Article 90 of the 
Convention, insofar as such Annex or amendment is at any given time 
effective for both Morocco and the Member State or Member States of 
the European Community as is relevant to the issue in question; 

7. 

8. 

9. 

“Full  Cost”  means  the  cost  of  providing  service  plus  a  reasonable  charge  for 
administrative  overhead  and  where  relevant  any  applicable  charges  aimed  at 
reflecting environmental costs and applied without distinction as to nationality; 

“Parties” shall mean, on the one hand, the Community or the Member States, or the 
Community and its Member States, in accordance with their respective powers, and, 
on the other hand, Morocco; 

“Nationals”:  any  person  or  entity  having  Moroccan  nationality  for  the  Moroccan 
Party, or the nationality of a Member State for the European Party, in so far as, in the 
case of a legal entity, it is at all times under the effective control, be it directly or by 
majority  participation,  of  persons  or  entities  having  Moroccan  nationality  for  the 
Moroccan Party, or persons or entities having the  nationality  of a Member  State or 
one of the third countries identified in Annex 5 for the European Party; 

10. 

“Subsidies”:  any  financial  contribution  granted  by  the  authorities  or  a  regional 
organisation or another public organisation, i.e. when: 

(a) 

(b) 

(c) 

(d) 

a  practice  of  a  government  or  regional  body  or  other  public 
organisation involves a direct transfer of funds such as grants, loans or 
equity  infusion,  potential  direct  transfer  of  funds  to  the  company  or 
the assumption of liabilities of the company such as loan guarantees; 

revenue of a government or regional body or other public organisation 
that is otherwise due is foregone or not collected; 

a  government  or  regional  body  or  other  public  organisation  provides 
goods or services other than general infrastructure, or purchases goods 
or services;  

a  government  or  regional  body  or  other  public  organisation  makes 
payments to a funding mechanism or entrusts or directs a private body 
to carry out one or more of the type of functions illustrated under (i), 
(ii) and (iii) which would normally be vested in the government and, 
in practice, in no real sense differs from practices normally followed 
by governments; 

and where a benefit is thereby conferred. 

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11. 

12. 

13. 

14. 

“International  Air  Transport”  means  air  transport  that  passes  through  the  airspace 
over the territory of more than one state; 

“Price”  means  tariffs  applied  by  air  carriers  or  their  agents  for  the  carriage  of 
passengers, baggage and/or cargo (excluding mail) in air transport, including, where 
applicable,  the  surface  transportation  in  connection  with  international  air  transport, 
and the conditions to which their application is subjected;  

“SESAR”  means  the  technical  implementation  of  the  Single  European  Sky  which 
provides  a  co-ordinated,  synchronised  development  and  deployment  of  the  new 
generations of air traffic management systems; and 

“Territory”  means,  for  The  Kingdom  of  Morocco,  the  land  areas  (mainland  and 
islands), internal waters and territorial sea under its sovereignty or jurisdiction, and, 
for the European Community, the land areas (mainland and islands), internal waters 
and  territorial  sea  in  which  the  Treaty  establishing  the  European  Community  is 
applied  and  under  the  conditions  laid  down  in  that  Treaty  and  any  successor 
instrument;  application  of  this  Agreement  to  Gibraltar  airport  is  understood  to  be 
without prejudice to the respective legal positions of the Kingdom of Spain and the 
United  Kingdom  with  regard  to  the  dispute  over  sovereignty  over  the  territory  in 
which the airport is situated; application of this Agreement to Gibraltar airport shall 
be  suspended  until  the  arrangements  in  the  Joint  Declaration  made  by  the  Foreign 
Ministers of the Kingdom of Spain and the United Kingdom on December 2, 1987, 
enter into operation. 

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TITLE I 

ECONOMIC PROVISIONS 

Article 2 

Traffic Rights 

1. 

Each Party grants to the other Party except as otherwise specified in the Annex 1 the 
following rights for the conduct of international air transport by the air carriers of the 
other Party: 

a) 

b) 

the right to fly across its territory without landing; 

the right to make stops in its territory for any purpose other than taking on or 
discharging passengers, baggage, cargo and/or mail in air transport (non-traffic 
purposes); 

c)  while operating an agreed service on a specified route, the right to make stops 
in its territory for the purpose of taking up and discharging international traffic 
in passengers, cargo and/ or mail, separately or in combination; and 

d) 

the rights otherwise specified in this Agreement. 

2. 

Nothing in this Agreement shall be deemed to confer on the air carriers of: 

a)  Morocco the right to take on board, in the territory of any Member State of the 
European  Community,  passengers,  baggage,  cargo,  and/  or  mail  carried  for 
compensation  and  destined  for  another  point  in  the  territory  of  that  Member 
State of the European Community; 

b) 

the  European  Community  the  right  to  take  on  board,  in  the  territory  of 
Morocco,  passengers,  baggage,  cargo,  and/  or  mail  carried  for  compensation 
and destined for another point in the territory of Morocco. 

Article 3 

Authorisation 

On  receipt  of  applications  for  operating  authorisation  from  an  air  carrier  of  one  Party,  the 
competent authorities of the other Party shall grant appropriate authorisations with minimum 
procedural delay, provided that: 

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17 

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a) 

for an air carrier of Morocco: 

–  the air carrier has its principal place of business and, if any, its registered office in 
Morocco,  and  received  its  license,  and  any  other  corresponding  document  in 
accordance with the law of the Kingdom of Morocco; 

–  effective  regulatory  control  of  the  air  carrier  is  exercised  and  maintained  by 

Morocco; and 

–  the  air  carrier  is  owned  and  continues  to  be  owned,  directly  or  by  majority 
participation,  by  Morocco  and/or  by  nationals  of  Morocco  and  that  it  is  always 
effectively controlled by Morocco and/or by nationals of Morocco, or it is owned 
and continued to be owned, directly or by majority participation by the Member 
States and/ or nationals of Member States, and it is always effectively controlled 
by the Member States and or nationals of Member States; 

b) 

for an air carrier of the European Community: 

–  the air carrier has its principal place of business and, if any, its registered office in 
the  territory  of  a  Member  State  of  the  European  Community  under  the  Treaty 
establishing the European Community, and has received a Community Operating 
Licence; and 

–  effective  regulatory  control  of  the  air  carrier  is  exercised  and  maintained  by  the 
European  Community  Member  State  responsible  for  issuing  its  Air  Operators 
Certificate and the relevant Aeronautical Authority is clearly identified; 

–  the  air  carrier  is  owned  and  continues  to  be  owned,  directly  or  by  majority 
participation, by Member States and/or by nationals of the Member States, or by 
other States listed in Annex 5, and/or of the nationals of these other States; 

c) 

d) 

the air carrier is qualified to meet the conditions prescribed under the laws and 
regulations normally applied to the operation of International Air Transport by 
the Party considering the application or applications; and 

the provisions set forth in Article 13 (Aviation Safety) and Article 14 (Aviation 
Security) are being maintained and administered. 

Article 4 

Revocation of Authorisation 

1. 

The competent authorities of either Party may revoke, suspend or limit the operating 
authorisations  or  otherwise  suspend  or  limit  the  operations  of  an  air  carrier  of  the 
other Party where: 

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18 

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a) 

for an air carrier of Morocco: 

–  the air carrier does not have its principal place of business or, if any, its registered 
office  in  Morocco,  or  has  not  received  its  operating  license  and  any  other 
corresponding document in accordance with the applicable law of Morocco; 

–  effective  regulatory  control  of  the  air  carrier  is  not  exercised  and  maintained  by 

Morocco; or 

–  the  air  carrier  is  not  owned  and  effectively  controlled,  directly  or  by  majority 
participation, by Morocco and/ or nationals of Morocco or by Member States and/ 
or nationals of Member States; 

b) 

for an air carrier of the European Community: 

–  the air carrier does not have its principal place of business or, if any, its registered 
office  in  the  territory  of  a  Member  State  of  the  European  Community  under  the 
Treaty  establishing  the  European  Community,  or  has  not  received  a  Community 
Operating Licence; - effective regulatory control of the air carrier is not exercised 
and  maintained  by  the  European  Community  Member  State  responsible  for 
issuing its Air Operators Certificate or the competent aeronautical authority is not 
clearly identified; or 

–  the  air  carrier  is  not  owned  and  effectively  controlled,  directly  or  by  majority 
participation,  by  Member  States  and/  or  nationals  of  Member  States,  or  by  the 
other States listed in Annex 5, and/ or nationals of these other States; 

c) 

d) 

the air carrier has failed to comply with the laws and regulations referred to in 
Article 5 (Application of Laws) of this Agreement; or 

the provisions set forth in Article 13 (Aviation Safety) and Article 14 (Aviation 
Security) are not being maintained or administered. 

2. 

Unless  immediate  action  is  essential  to  prevent  further  non-compliance  with 
subparagraphs 1.(c) or 1.(d) of this Article, the rights established by this Article shall 
be exercised only after consultation with the competent authorities of the other Party. 

Article 4 bis 

Investment 

The  majority  ownership  or  the  effective  control  of  an  air  carrier  of  Morocco  by  a  Member 
State  or  their  nationals,  or  of  an  air  carrier  of  the  European  Community  by  Morocco  or  its 
nationals,  is  subject  to  a  preliminary  decision  of  the  Joint  Committee  established  by  this 
Agreement. 

This decision shall specify the conditions associated with the operation of the agreed services 
under this Agreement and with the services between third countries and the Parties. 

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The  provisions  of  Article  21,  paragraph  9  of  this  Agreement  do  not  apply  to  this  type  of 
decisions. 

Article 5 

Application of laws 

1. 

2. 

While entering, within, or leaving the territory of one Party, the laws and regulations 
applicable  within  that  territory  relating  to  the  admission  to  or  departure  from  its 
territory  of  aircraft  engaged  in  international  air  transport,  or  to  the  operation  and 
navigation of aircraft shall be complied with by the other Party’s air carriers. 

While entering, within, or leaving the territory of one Party, the laws and regulations 
applicable  within  that  territory  relating  to  the  admission  to  or  departure  from  its 
territory  of  passengers,  crew  or  cargo  on  aircraft  (including  regulations  relating  to 
entry,  clearance,  immigration,  passports,  customs  and  quarantine  or,  in  the  case  of 
mail, postal regulations) shall be complied with by, or on behalf of, such passengers, 
crew or cargo of the other Party’s air carriers. 

Article 6 

Competition 

Within  the  scope  of  this  Agreement,  the  provisions  of  Chapter  II  (“Competition  and  other 
Economic  Provisions”)  of  Title  IV  of  the  Association  Agreement  shall  apply,  except  where 
more specific rules are contained in this Agreement. 

Article 7 

Subsidies 

1. 

2. 

The Parties recognise that public subsidies to air carriers distort or threaten to distort 
competition  by  favouring  certain  undertakings  in  the  provision  of  air  transport 
services, that they jeopardize the basic objectives of the Agreement and that they are 
incompatible with the principle of an open aviation area. 

When it is deemed essential to grant public subsidies to an air carrier or air carriers 
operating  under  this  Agreement  in  order  to  achieve  a  legitimate  objective,  such 
subsidies shall be proportionate to the objective, transparent and shall be designed to 
minimize,  to  the  extent  feasible,  its  adverse  impact  on  the  air  carriers  of  the  other 
Party. The Party granting any such subsidy shall inform promptly the other Party of 
its intention to grant any such subsidy and its consistency with the criteria laid down 
in this Agreement. 

EN 

20 

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3. 

4. 

5. 

1. 

2. 

3. 

If one Party believes that a subsidy provided by the other Party, or, as the case may 
be,  by  a  public  or  governmental  body  of  a  country  other  than  the  Parties,  is 
inconsistent with the criteria laid down in paragraph 2, it may request a meeting of 
the  Joint  Committee,  as  provided  in  Article  21  to  consider  the  issue  and  develop 
appropriate responses to concerns found to be legitimate. 

When  a  dispute  can  not  be  settled  by  the  Joint  Committee,  the  Parties  retain  the 
possibility of applying their respective anti-subsidy measures. 

Provisions  in  the  present  article  are  without  prejudice  to  the  Parties’  laws  and 
regulations  regarding  essential  air  services  and  public  service  obligations  in  the 
territories of the Parties. 

Article 8 

Commercial Opportunities 

The air carriers of each Party shall have the right to establish offices in the territory 
of the other Party for the promotion and sale of Air Transport and related activities.  

The  air  carriers  of  each  Party  shall  be  entitled,  in  accordance  with  the  laws  and 
regulations of the other Party relating to entry, residence, and employment, to bring 
in  and  maintain  in  the  territory  of  the  other  Party  managerial,  sales,  technical, 
operational, and other specialist staff who are required to support the provision of Air 
Transport. 

a)  Without  prejudice  to  sub-paragraph  (b)  below,  each  air  carrier  shall  have  in 
relation to groundhandling in the territory of the other Party: 

(i) 

(ii) 

the  right  to  perform  its  own  groundhandling  (“self-handling”)  or,  at  its 
option 

to 

right 

select  among  competing 

the 
that  provide 
groundhandling  services  in  whole  or  in  part  where  such  suppliers  are 
allowed  market  access  on  the  basis  of  the  laws  and  regulations  of  each 
Party, and where such suppliers are present in the market. 

suppliers 

b) 

For the following categories of groundhandling services i.e. baggage handling, 
ramp handling, fuel and oil handling, freight and mail handling as regards the 
physical handling of freight and mail between the air terminal and the aircraft, 
the rights under (i) and (ii) in sub-paragraph (a) above shall be subject only to 
specific  constraints  of  available  space  or  capacity  arising  from  the  need  to 
maintain  safe  operation  of  the  airport.  Where  such  constraints  preclude  self-
handling  and  where  there  is  no  effective  competition  between  suppliers  that 
provide groundhandling services, all such services shall be available on both an 
equal and an adequate basis to all air carriers; prices of such services shall not 
exceed  their  Full  Cost  including  a  reasonable  return  on  assets,  after 
depreciation. 

EN 

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4. 

5. 

6. 

7. 

8. 

Any air carrier of each Party may engage in the sale of Air Transport in the territory 
of  the  other  Party  directly  and/or,  at  the  air  carrier’s  discretion,  through  its  sales 
agents or other intermediaries appointed by the air carrier. Each air carrier shall have 
the  right  to  sell  such  transportation,  and  any  person  shall  be  free  to  purchase  such 
transportation, in the currency of that territory or in freely convertible currencies. 

Each  air  carrier  shall  have  the  right  to  convert  and  remit  from  the  territory  of  the 
other  Party  to  its  home  territory  and,  except  where  inconsistent  with  generally 
applicable  law  or  regulation,  to  the  country  or  countries  of  its  choice,  on  demand, 
local  revenues.  Conversion  and  remittance  shall  be  permitted  promptly  without 
restrictions or taxation in respect thereof at the rate of exchange applicable to current 
transactions  and  remittance  on  the  date  the  carrier  makes  the  initial  application  for 
remittance. 

The air carriers of each Party shall be permitted to pay for local expenses, including 
purchases  of  fuel,  in  the  territory  of  the  other  Party  in  local  currency.  At  their 
discretion, the air carriers of each Party may pay for such expenses in the territory of 
the  other  Party  in  freely  convertible  currencies  according  to  local  currency 
regulation. 

In operating or holding out services under the Agreement, any air carrier of a Party 
may  enter  into  co-operative  marketing  arrangements,  such  as  blocked-space 
agreements or code-sharing arrangements, with: 

a) 

any air carrier or carriers of the Parties; and 

b) 

any air carrier or carriers of a third country; and 

c) 

any surface, land or maritime carriers; 

provided that (i) all participants in such arrangements hold the appropriate authority 
and  (ii)  the  arrangements  meet  the  requirements  relating  to  safety  and  competition 
normally  applied  to  such  arrangements.  In  respect  of  passenger  transport  sold 
involving code-shares, the purchaser shall be informed at the point of sale, or in any 
case before boarding, which transportation providers will operate each sector of the 
service. 

(a) 
In relation to the transport of passengers, surface transportation providers shall 
not be subject to laws and regulations governing air transport on the sole basis that 
such surface transportation is held out by an air carrier under its own name. Surface 
transportation  providers  have  the  discretion  to  decide  whether  to  enter  into 
cooperative  arrangements.  In  deciding  on  any  particular  arrangement,  surface 
transportation  providers  may  consider,  among  other  things,  consumer  interests  and 
technical, economic, space, and capacity constraints. 

(b)  Moreover,  and  notwithstanding  any  other  provision  of  this  Agreement,  air 
carriers  and  indirect  providers  of  cargo  transportation  of  the  Parties  shall  be 
permitted,  without  restriction,  to  employ  in  connection  with  International  Air 
Transport  any  surface  transportation  for  cargo  to  or  from  any  points  in  the 
territories  of  Morocco  and  the  European  Community,  or  in  third  countries, 
including  transport  to  and  from  all  airports  with  customs  facilities,  and 

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including,  where  applicable,  the  right[s]  to  transport  cargo  in  bond  under 
applicable laws and regulations. Such cargo, whether moving by surface or by 
air, shall have access to airport customs processing and facilities. Air carriers 
may elect to perform their own surface transportation or to provide it through 
arrangements  with  other  surface  carriers,  including  surface  transportation 
operated by other air carriers and indirect providers of cargo air transport. Such 
intermodal cargo services may be offered at a single, through price for the air 
and surface transportation combined, provided that shippers are not misled as 
to the facts concerning such transportation. 

Article 9 

Customs Duties and Changes 

1. 

On  arriving  in  the  territory  of  one  Party,  aircraft  operated  in  international  air 
transport  by  the  air  carriers  of  the  other  Party,  their  regular  equipment,  fuel, 
lubricants, consumable technical supplies, ground equipment, spare parts (including 
engines), aircraft stores (including but not limited  to such  items  of  food,  beverages 
and  liquor,  tobacco  and  other  products  destined  for  sale  to  or  use  by  passengers  in 
limited  quantities  during  flight),  and  other  items  intended  for  or  used  solely  in 
connection  with  the  operation  or  servicing  of  aircraft  engaged  in  international  air 
transport  shall  be  exempt,  on  the  basis  of  reciprocity,  from  all  import  restrictions, 
property taxes and capital levies, customs duties, excise taxes, and similar fees and 
charges  that  are  (a)  imposed  by  the  national  or  local  authorities  or  the  European 
Community, and (b) not based on the cost of services provided, provided that such 
equipment and supplies remain on board the aircraft. 

2. 

There shall also be exempt, on the basis of reciprocity, from the taxes, levies, duties, 
fees  and  charges  referred  to  in  paragraph  1  of  this  Article,  with  the  exception  of 
charges based on the cost of the service provided: 

a) 

b) 

c) 

aircraft stores introduced into or supplied in the territory of a Party and taken 
on board, within reasonable limits, for use on outbound aircraft of an air carrier 
of the other Party engaged in international air transport, even when these stores 
are to be used on a part of the journey performed over the territory of the Party 
in which they are taken on board; 

ground  equipment  and  spare  parts  (including  engines)  introduced  into  the 
territory of a Party for the servicing, maintenance, or repair of aircraft of an air 
carrier of the other Party used in international air transport; 

lubricants and consumable technical supplies introduced into or supplied in the 
territory  of  a  Party  for  use  in  an  aircraft  of  an  air  carrier  of  the  other  Party 
engaged in international air transport, even when these supplies are to be used 
on a part of the journey performed over the territory of the Party in which they 
are taken on board; and 

d) 

printed  matter,  as  provided  for  by  the  customs  legislation  of  each  Party, 
introduced into or supplied in the territory of one Party and taken on board for 

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3. 

4. 

5. 

6. 

1. 

2. 

use  on  outbound  aircraft  of  an  air  carrier  of  the  other  Party  engaged  in 
international  air  transport,  even  when  these  stores  are  to  be  used  on  a  part  of 
the journey performed over the territory of the Party in which they are taken on 
board; 

e) 

safety and security equipment for use at airports or cargo terminals. 

This  Agreement  does  not  exempt  fuel  supplied  by  a  Party  to  air  carriers  within  its 
territory  from  taxes,  levies,  duties,  fees,  and  charges  similar  to  those  referred  to  in 
paragraph 1. While entering, within, or leaving the territory of one Party, its laws and 
regulations relating to the sale, supply, and use of aircraft fuel shall be complied with 
by the other Party's air carriers. 

Equipment  and  supplies  referred  to  in  paragraphs  1  and  2  of  this  Article  may  be 
required to be kept under the supervision or control of the appropriate authorities. 

The exemptions provided by this Article shall also be available where the air carriers 
of  one  Party  have  contracted  with  another  air  carrier,  which  similarly  enjoys  such 
exemptions from the other Party, for the loan or transfer in the territory of the other 
Party of the items specified in paragraphs 1 and 2 of this Article. 

Nothing  in  this  Agreement  shall  prevent  either  Party  from  imposing  taxes,  levies, 
duties,  fees  or  charges  on  goods  sold  other  than  for  consumption  on  board  to 
passengers during a sector of an air service between two points within its territory at 
which embarkation or disembarkation is permitted. 

Article 10 

User Charges 

Party shall not impose or permit to be imposed on the air carriers of the other Party 
user  charges  higher  than  those  imposed  on  its  own  air  carriers  operating  similar 
international air services. 

Increased  or  new  charges  should  only  follow  adequate  consultation  between  the 
competent charging authorities and the air carriers of each Party. Reasonable notice 
of any proposals for changes in user charges should be given to users to enable them 
to express their views before changes are made. The Parties shall also encourage the 
exchange of such information as may be necessary to permit an accurate assessment 
of  the  reasonableness  of,  justification  for  and  apportionment  of  the  charges  in 
accordance with the principles of this Article. 

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Article 11 

Pricing 

Prices  for  air  transport  services  operated  pursuant  to  this  Agreement  shall  be  established 
freely  and  shall  not  be  subject  to  approval,  but  they  may  be  required  to  be  filed  for 
information  purposes  only.  Prices  to  be  charged  for  carriage  wholly  within  the  European 
Community shall be subject to European Community law. 

Article 12 

Statistics 

The competent authorities of either Party shall supply to the competent authorities of the other 
Party,  at  their  request,  the  information  and  statistics  related  to  the  traffic  carried  by  the  air 
carriers  authorised  by  one  Party  on  the  agreed  services  to  or  from  the  territory  of  the  other 
Party in the same form as they have been prepared and submitted by the authorised air carriers 
to their national competent authorities. Any additional statistical data related to traffic which 
the  competent  authorities  of  one  Party  may  request  from  the  authorities  of  the  other  Party 
shall be subject to discussions by the Joint Committee, at the request of either Party. 

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TITLE II 

REGULATORY COOPERATION 

Article 13 

Aviation Safety 

1. 

2. 

3. 

4. 

5. 

6. 

The Parties shall act in conformity with the provisions of the European Community’s 
aviation  safety  legislation  specified  in  Annex  6.A,  under  the  conditions  set  out 
hereafter. 

The  Parties  shall  ensure  that  aircraft  registered  in  one  Party  suspected  of  non-
compliance  with  international  aviation  safety  standards  established  pursuant  to  the 
Convention landing at airports open to international air traffic in the territory of the 
other Party shall be subject to ramp inspections by the competent authorities of that 
other Party, on board and around the aircraft to check both the validity of the aircraft 
documents  and  those  of  its  crew  and  the  apparent  condition  of  the  aircraft  and  its 
equipment. 

Either  Party  may  request  consultations  at  any  time  concerning  the  safety  standards 
maintained by the other Party. 

Nothing in this Agreement shall be construed to limit the authority of the competent 
authorities of a Party to take all appropriate and immediate measures whenever they 
ascertain that an aircraft, a product or an operation may: 

a) 

Fail  to  satisfy  the  minimum  standards established pursuant to the Convention 
or the legislation specified in Annex 6.A, whichever is applicable, or 

b)  Give rise to serious concerns – established through an inspection referred to in 
paragraph  2  –  that  an  aircraft  or  the  operation  of  an  aircraft  does  not  comply 
with  the  minimum  standards  established  pursuant  to  the  Convention  or  the 
legislation specified in Annex 6.A, whichever is applicable, or 

c)  Give rise to serious concerns that there is a lack of effective maintenance and 
administration  of  minimum  standards  established  pursuant  to  the  Convention 
or the legislation specified in Annex 6.A, whichever is applicable. 

Where  the  competent  authorities  of  one  Party  take  action  under  paragraph  4,  they 
shall  promptly  inform  the  competent  authorities  of  the  other  Party  of  taking  such 
action, providing reasons for its action. 

Where  measures  taken  in  application  of  paragraph  4  are  not  discontinued  even 
though the basis for taking them has ceased to exist, either Party may refer the matter 
to the Joint Committee. 

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7. 

1. 

2. 

3. 

4. 

For  the  purpose  of  this  Article,  the  term  “Competent  Authorities”  means  the 
government agencies or entities identified in Annex 3. Any amendments to national 
law  with  respect  to  the  status  of  the  competent  authorities  shall  be  notified  by  the 
Party concerned to the other Party. 

Article 14 

Aviation Security 

The  assurance  of  safety  for  civil  aircraft,  their  passengers  and  crew  being  a 
fundamental pre-condition for the operation of international air services, the Parties 
reaffirm  that  their  obligations  to  each  other  to  provide  for  the  security  of  civil 
aviation  against  acts  of  unlawful  interference  (and  in  particular  their  obligations 
under the Chicago Convention, the Convention on Offences and Certain Other Acts 
Committed  on  Board  Aircraft,  signed  at  Tokyo  on  14  September  1963,  the 
Convention  for  the  Suppression  of  Unlawful  Seizure  of  Aircraft,  signed  at  The 
Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts 
against the Safety of Civil Aviation, signed at Montreal on 23 September 1971 and 
the  Protocol  for  the  Suppression  of  Unlawful  Acts  of  Violence  at  Airports  Serving 
International  Civil  Aviation,  signed  at  Montreal  on  24  February  1988  and  the 
Convention  on the marking of plastic explosives for purpose of detection signed at 
Montreal  on  1  March  1991,  in  so  far  as  both  contracting  Parts  are  parties  to  these 
conventions as well as all other conventions and protocols relating to civil aviation 
safety of which both Parties are members). 

The  Parties  shall  provide  upon  request  all  necessary  assistance  to  each  other  to 
prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the 
safety  of  such  aircraft,  their  passengers  and  crew,  airports  and  air  navigation 
facilities, and any other threat to the security of civil aviation.  

The  Parties  shall,  in  their  mutual  relations,  act  in  conformity  with  the  aviation 
security  Standards  and,  so  far  as  they  are  applied  by  them,  the  Recommended 
Practices established by the International Civil Aviation Organisation and designated 
as Annexes to the Chicago Convention, to the extent that such security provisions are 
applicable to the Parties. Both Parties shall require that operators of aircraft of their 
registry, operators who have their principal place of business or permanent residence 
in their territory, and the operators of airports in their territory, act in conformity with 
such aviation security provisions. 

Each  Party  shall  ensure  that  effective  measures  are  taken  within  its  territory  to 
protect  aircraft,  to  screen  passengers  and  their  carry-on  items,  and  to  carry  out 
appropriate checks on crew, cargo (including hold baggage) and aircraft stores prior 
to  and  during  boarding  or  loading  and  that  those  measures  are  adjusted  to  meet 
increases  in  the  threat.  Each  Party  agrees  that  their  air  carriers  may  be  required  to 
observe the aviation security provisions referred to in paragraph (3) required by the 
other  Party,  for  entrance  into,  departure  from,  or  while  within,  the  territory  of  that 
other  Party.  Each  Party  shall  also  act  favourably  upon  any  request  from  the  other 
Party for reasonable special security measures to meet a particular threat 

EN 

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5. 

6. 

7. 

8. 

9. 

1. 

2. 

3. 

When an incident or threat of an incident of unlawful seizure of civil aircraft or other 
unlawful acts against the safety of such aircraft, their passengers and crew, airports 
or  air  navigation  facilities  occurs,  the  Parties  shall  assist  each  other  by  facilitating 
communications  and  other  appropriate  measures  intended  to  terminate  rapidly  and 
safely such incident or threat thereof. 

When  a  Party  has  reasonable  grounds  to  believe  that  the  other  Party  has  departed 
from  the  aviation  security  provisions  of  this  Article,  that  Party  may  request 
immediate consultations with the other Party. 

Without  prejudice  to  Article  4  (Revocation  of  Authorisations)  of  this  Agreement, 
failure  to  reach  a  satisfactory  agreement  within  fifteen  (15)  days  from  the  date  of 
such request will constitute grounds to withhold, revoke, limit or impose conditions 
on  the  operating  authorization  or  technical  permission  of  the  air  carriers  of  both 
Parties. 

When required by an immediate and extraordinary threat, a Party may take interim 
action prior to the expiry of fifteen (15) days. 

Any  action  taken  in  accordance  with  the  paragraph  7  above  shall  be  discontinued 
upon compliance by the other Party with the provisions of this Article. 

Article 15 

Air Traffic Management 

The Parties shall act in conformity with the provisions of the legislation specified in 
Annex 6.B, under the conditions set out hereafter. 

The Parties commit themselves to the highest degree of cooperation in the field of air 
traffic management with a view to extending the Single European Sky to Morocco in 
order to enhance current safety standards and overall efficiency for general air traffic 
standards in Europe, to optimise capacities and to minimise delays. 

With a view to facilitating the application of the Single European Sky legislation in 
their territories: 

a)  Morocco  shall  take  the  necessary  measures  to  adjust  their  air  traffic 
management  institutional  structures  to  the  Single  European  Sky,  in  particular 
by  establishing  pertinent  national  supervisory  bodies  at  least  functionally 
independent of air traffic management service providers; and 

b) 

The  European  Community  shall  associate  Morocco  with  relevant  operational 
initiatives in the fields of air navigation services, airspace and interoperability 
that  stem  from  the  Single  European  Sky,  in  particular  through  the  early 
involvement  of  Morocco’s  efforts  to  establish  functional  airspace  blocks,  or 
through appropriate coordination on SESAR. 

EN 

28 

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Article 16 

Environment 

1. 

2. 

The  Parties  shall  act  in  conformity  with  Community  legislation  relating  to  air 
transport specified in Annex 6.C, under the conditions set out hereafter. 

Nothing in this Agreement shall be construed to limit the authority of the competent 
authorities of a Party to take all appropriate measures to prevent or otherwise address 
the  environmental  impacts  of  the  international  air  transport  performed  under  the 
Agreement  provided  that  such  measures  are  applied  without  distinction  as  to 
nationality. 

Article 17 

Consumer Protection 

The  Parties  shall  act  in  conformity  with  Community  legislation  relating  to  air  transport 
specified in Annex 6.D. 

Article 18 

Computer Reservation Systems 

The  Parties  shall  act  in  conformity  with  Community  legislation  relating  to  air  transport 
specified in Annex 6.E. 

Article 19 

Social Aspects 

The  Parties  shall  act  in  conformity  with  Community  legislation  relating  to  air  transport 
specified in Annex 6.F. 

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TITLE III 

INSTITUTIONAL PROVISIONS 

Article 20 

Interpretation and Enforcement 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

The  Parties  shall  take  all  appropriate  measures,  whether  general  or  particular,  to 
ensure  fulfilment  of  the  obligations  arising  out  of  this  Agreement  and  shall  refrain 
from  any  measures  which  would  jeopardise  attainment  of  the  objectives  of  this 
Agreement. 

Each Party shall be responsible in its own territory for the proper enforcement of this 
Agreement  and,  in  particular,  the  regulations  and  directives  related  to  air  transport 
listed in Annex 6. 

Each Party shall give the other Party all necessary information and assistance in the 
case  of  investigations  on  possible  infringements  which  that  other  Party  carries  out 
under its respective competences as provided in this Agreement. 

Whenever  the  Parties  act  under  the  powers  granted  to  them  by  this  Agreement  on 
matters which are of interest to the other Party and which concern the authorities or 
undertakings of the other Party, the competent authorities of the other Party shall be 
fully informed and given the opportunity to comment before a final decision is taken. 

Article 21 

The Joint Committee 

A  committee  composed  of  representatives  of  the  Parties  (hereinafter  referred  to  as 
the  Joint  Committee)  is  hereby  established,  which  shall  be  responsible  for  the 
administration of this Agreement and shall ensure its proper implementation. For this 
purpose it shall make recommendations and take decisions in the cases provided for 
in this Agreement. 

The  decisions  of  the  Joint  Committee  shall be  jointly  adopted  and  shall  be  binding 
upon the Parties. They will be put into effect by the Parties in accordance with their 
own rules. 

The  Joint  Committee  shall  meet  as  and  when  necessary  and  at  least  once  a  year. 
Either Party may request the convening of a meeting. 

EN 

30 

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4. 

5. 

6. 

7. 

8. 

9. 

A  Party  may  also  request  a  meeting  of  the  Joint  Committee  to  seek  to  resolve  any 
question  relating  to  the  interpretation  or  application  of  this  Agreement.  Such  a 
meeting shall begin at the earliest possible date, but not later than two months from 
the date of receipt of the request, unless otherwise agreed. 

For  the  purpose  of  the  proper  implementation  of  this  Agreement,  the  Parties  shall 
exchange  information  and,  at  the  request  of  either  Party,  shall  hold  consultations 
within the Joint Committee. 

The Joint Committee shall adopt, by a decision, its rules of procedure. 

If, in the view of one of the Parties, a decision of the Joint Committee is not properly 
implemented by the other Party, the former may request that the issue be discussed 
by  the  Joint  Committee.  If  the  Joint  Committee  cannot  solve  the  issue  within  two 
months of its referral, the requesting Party may take appropriate temporary safeguard 
measures under Article 23. 

The decisions of the Joint Committee shall state the date of its implementation in the 
Parties and any other information likely to concern economic operators. 

Without prejudice to paragraph 2, if the Joint Committee does not take a decision on 
an issue which has been referred to it within six months of the date of referral, the 
Parties may take appropriate temporary safeguard measures under Article 23. 

10. 

The  Joint  Committee  shall  examine  questions  relating  to  bilateral  investments  of 
majority participation, or changes in the effective control of air carriers of the Parties. 

11. 

The Joint Committee shall also develop cooperation by: 

(a) 

(b) 

fostering expert-level exchanges on new legislative or regulatory initiatives and 
developments,  including  in  the  fields  of  security,  safety,  the  environment, 
aviation infrastructure (including slots), and consumer protection; 

regularly examining the social effects of the Agreement as it is implemented, 
notably  in  the  area  of  employment  and  developing  appropriate  responses  to 
concerns found to be legitimate; 

(c) 

considering  potential  areas  for  the  further  development  of  the  Agreement, 
including the recommendation of amendments to the Agreement. 

Article 22 

Dispute Resolution and Arbitration 

1. 

Either Party may refer to the Joint Committee any dispute relating to the application 
or  interpretation  of  this  Agreement,  having  not  been  resolved  in  accordance  with 
Article  21.  For  the  purposes  of  this  Article,  the  Association  Council  established 
under the Association Agreement shall act as Joint Committee. 

2. 

The Joint Committee may settle the dispute by means of a decision. 

EN 

31 

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3. 

4. 

5. 

6. 

1. 

2. 

3. 

The Parties shall take the necessary measures to implement the decision referred to in 
paragraph 2. 

If it is not possible to settle the dispute in accordance with paragraph 2, the dispute 
shall,  at  the  request  of  either  party,  be  submitted  to  an  arbitration  panel  of  three 
arbitrators in accordance with the procedure laid down hereafter: 

a) 

b) 

c) 

d) 

each  Party  shall  appoint  an  arbitrator  within  sixty  (60)  days  from  the  date  of 
reception  of  the  notification  for  the  request  for  arbitration  by  the  arbitration 
court  addressed  by  the  other  Party  through  diplomatic  channels;  the  third 
arbitrator  should  be  appointed  within  sixty  (60)  additional  days.  If  one  of 
Parties has not appointed an arbitrator within the agreed period, or if the third 
arbitrator is not appointed within the agreed period, each Party can request the 
President  of  the  Council  of  the  International  Civil  Aviation  Organization  to 
appoint an arbitrator or arbitrators, whichever is applicable; 

the third arbitrator appointed under the terms of paragraph a) above should be a 
national of a third State and shall act as a President of the arbitration court; 

the arbitration court shall agree its rules of procedure; and 

subject to the final decision of the arbitration court, the initial expenses of the 
arbitration shall be shared equally by the Parties. 

Any  provisional  decision  or  final  decision  of  the  arbitration  court  shall  be  binding 
upon the Parties. 

If one of the Parties does not act in conformity with a decision of the arbitration court 
taken under the terms of this Article within thirty (30) days from the notification of 
the aforementioned decision, the other Party can, for as long as this failure endures, 
limit, suspend or revoke the rights or privileges which it had granted under the terms 
of this Agreement from the Party at fault. 

Article 23 

Safeguard measures 

The  Parties  shall  take  any  general  or  specific  measures  required  to  fulfil  their 
obligations  under this  Agreement. They shall see to it that the objectives set out in 
this Agreement are attained. 

If either Party considers that the  other  Party has failed to fulfil an obligation under 
this  Agreement,  it  may  take  appropriate  measures.  Safeguard  measures  shall  be 
restricted with regard to their scope and duration to what is strictly necessary in order 
to remedy the situation or maintain the balance of this Agreement. Priority shall be 
given to such measures as will least disturb the functioning of this Agreement. 

A Party which is considering taking safeguard measures shall notify the other Parties 
through the Joint Committee and shall provide all relevant information. 

EN 

32 

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4. 

5. 

6. 

7. 

The Parties shall immediately enter into consultations in the Joint Committee with a 
view to finding a commonly acceptable solution. 

Without  prejudice  to  Articles  3(d),  Article  4(d)  and  Articles  13  and  14,  the  Party 
concerned  may  not  take  safeguard  measures  until  one  month  has  elapsed  after  the 
date  of  notification  under  paragraph  1,  unless  the  consultation  procedure  under 
paragraph 2 has been concluded before the expiration of the stated time limit. 

The  Party  concerned  shall,  without  delay,  notify  the  measures  taken  to  the  Joint 
Committee and shall provide all relevant information. 

Any action taken under the terms of the present Article shall be suspended, as soon 
as the Party at fault satisfies the provisions of this Agreement. 

Article 24 

Geographic Extension of the Agreement 

The  Parties,  although  recognising  the  bilateral  nature  of  this  Agreement,  note  that  it  lies 
within  the  scope  of  the  Euro-Mediterranean  partnership  envisaged  in  the  declaration  of 
Barcelona  of  November  28,  1995.  The  Parties  commit  to  conduct  a  continuous  dialogue  to 
ensure  the  coherence  of  this  Agreement  with  the  Barcelona  process,  and  in  particular  with 
regard  to  the  possibility  of  mutually  agreeing  amendments  to  take  into  account  similar  air 
transport agreements.  

Article 25 

Relationship to Other Agreements 

1. 

2. 

3. 

The  provisions  of  this  Agreement  supersede  the  relevant  provisions  of  existing 
bilateral  agreements  between  Morocco  and  the  Member  States.  However,  existing 
traffic  rights  which  originate  from  these  bilateral  agreements  and  which  are  not 
covered under this Agreement can continue to be exercised, provided that there is no 
discrimination  between  the  Member  States  of  the  European  Community  and  their 
nationals. 

If  the  Parties  become  parties  to  a  multilateral  agreement,  or  endorse  a  decision 
adopted  by  the  International  Civil  Aviation  Organization  or  another  international 
organization, that addresses matters covered by this Agreement, they shall consult in 
the Joint Committee to determine whether this Agreement should be revised to take 
into account such developments. 

This Agreement is without prejudice to any decision by the two Parties to implement 
future  recommendations  that  may  be  made  by  the  International  Civil  Aviation 
Organization. The Parties shall not cite this Agreement, or any part of it, as the basis 
for  opposing  consideration  in  the  International  Civil  Aviation  Organization  of 
alternative policies on any matter covered by this Agreement. 

EN 

33 

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Article 26 

Amendments 

1. 

2. 

3. 

4. 

5. 

If one of the Parties wishes to revise the provisions of this Agreement, it shall notify 
the  Joint  Committee  accordingly.  The  agreed  amendment  to  this  Agreement  shall 
enter into force after completion of the respective internal procedures. 

The  Joint  Committee  may,  upon  the  proposal  of  one  Party  and  in  accordance  with 
this Article, decide to modify the Annexes of this Agreement. 

This  Agreement  shall  be  without  prejudice  to  the  right  of  each  Party,  subject  to 
compliance  with  the  principle  of  non-discrimination  and  the  provisions  of  this 
Agreement  to  unilaterally  adopt  new  legislation  or  amend  its  existing  legislation  in 
the field of air transport or an associated area mentioned in Annex 6, with respect to 
the  principle  of  non-discrimination  and  in  accordance  with  the  provisions  of  this 
Agreement. 

As soon as new legislation is being drawn up by  one of  the Parties, it shall inform 
and consult the other Party as closely as possible. At the request of one of the Parties, 
a preliminary exchange of views may take place in the Joint Committee. 

As soon as a Party has adopted new legislation or an amendment to its legislation in 
the field of air transport or an associated area mentioned in Annex 6, it shall inform 
the other Party not later than thirty days after its adoption. Upon the request of any 
Party,  the  Joint  Committee  shall  within  sixty  days  thereafter  hold  an  exchange  of 
views  on  the  implications  of  such  new  legislation  or  amendment  for  the  proper 
functioning of this Agreement. 

6. 

The Joint Committee: 

a) 

b) 

c) 

adopts a decision revising Annex 6 of this Agreement so as to integrate therein, 
if  necessary  on  a  basis  of  reciprocity,  the  new  legislation  or  amendment  in 
question; 

adopts  a  decision  to  the  effect  that  the  new  legislation  or  amendment  in 
question shall be regarded as in accordance with this Agreement; or 

decides any other measures, to be adopted within a reasonable period of time, 
to safeguard the proper functioning of this Agreement. 

EN 

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Article 27 

Termination 

1. 

2. 

3. 

This Agreement is concluded for an unlimited period. 

Either Party may, at any time, give notice in writing through diplomatic channels to 
the other Party of its decision to terminate this Agreement. Such notice shall be sent 
simultaneously  to  the  International  Civil  Aviation  Organization.  This  Agreement 
shall  terminate  twelve  months  after  the  date  of  receipt  of  the  notice  by  the  other 
Party, unless the notice to terminate is withdrawn before the expiry of this period. 

This  Agreement  shall  cease  to  be  in  force  or  be  suspended  if  the  Association 
Agreement ceases to be in force or is suspended, respectively. 

Article 28 

Registration with ICAO 

This  Agreement  and  all  amendments  thereto  shall  be  registered  with  the  International  Civil 
Aviation Organization. 

Article 29 

Entry into Force 

This Agreement shall be applied provisionally from the date of signature and shall enter into 
force after both Parties have enacted the necessary internal procedures required for entry into 
force.  

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

DONE  at  _____________,  this  _______day  of  ________,  20__,  in  [duplicate],  in  the  Arab 
and ___________ languages, each text being equally authentic 

FOR THE KINGDOM OF MOROCCO, 

FOR THE EUROPEAN COMMUNITY, 

EN 

35 

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ANNEXE 1 

Agreed Services and Specified Routes 

1. 

2. 

This  Annex  is  subject  to  the  transitional  provisions  contained  in  Annex  4  of  this 
Agreement. 

Each  Party  grants  to  the  air  carriers  of  the  other  Party  the  rights  to  operate  air 
services on the routes specified hereunder: 

a) 

for air carriers of the European Community: 

Points  in  the  European  Community  –  one  or  more  points  in  Morocco  –  points 
beyond, 

b) 

for air carriers of Morocco: 

Points in Morocco – one or more points in the European Community, 

3. 

Air carriers of Morocco are authorised to exercise the traffic rights in Article 2 of this 
Agreement between more than one  point  located in the territory of the Community 
provided that these services originate or terminate in the territory of Morocco. 

Air carriers of the Community are authorised to exercise the traffic rights in Article 2 
of this Agreement between Morocco and points located beyond, provided that these 
services originate or terminate in the territory of the Community and that, in relation 
to  passenger  services,  these  points  are  located  in  the  countries  of  the  European 
Neighbourhood policy. 

Air  carriers  of  the  European  Community  are  authorised,  for  the  services  to/  from 
Morocco, to serve more than one point on the same service (co-terminalisation) and 
to exercise the right of stop-over between these points. 

The  countries  of  the  European  Neighbourhood  policy  are:  Algeria,  Armenia, 
Palestinian Authority, Azerbaijan, Belarus, Egypt, Georgia, Israel, Jordan, Lebanon, 
Libya,  Moldavia,  Morocco,  Syria,  Tunisia  and  Ukraine.  The  points  located  in  the 
countries of the Neighbourhood policy can also be used as intermediate points. 

The specified routes may be operated in either direction. Each point, intermediate or 
beyond point, of the specified routes may, at the discretion of each undertaking, be 
omitted  for  some  or  all  of  the  services,  provided  that  the  service  originates  or 
terminates in the territory of Morocco for air carriers of Morocco, or in the territory 
of  a  Member  State  of  the  European  Community  for  air  carriers  of  the  European 
Community. 

Each Party shall allow each air carrier to determine the frequency and capacity of the 
international  air  transport  it  offers  based  upon  commercial  considerations  in  the 
marketplace.  Consistent  with  this  right,  neither  Party  shall  unilaterally  limit  the 
volume  of  traffic,  frequency  or  regularity  of  service,  or  the  aircraft  type  or  types 
operated  by  the  air  carriers  of  the  other  Party,  except  for  customs,  technical, 
operational, environmental or protection of health reasons. 

4. 

5. 

EN 

36 

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6. 

7. 

Any  air  carrier  may  perform  international air  transport  without  any  limitation  as  to 
change, on all points of the specified routes, in the type of aircraft operated. 

The  leasing  with  crew  (wet-leasing)  by  a  Moroccan  air  carrier  of  an  aircraft  of  an 
airline company of a third country, or, by an air carrier of the European Community, 
of an aircraft of an airline company of a third country other that those mentioned in 
Annex  5,  in  order  to  exploit  the  rights  envisaged  in  this  Agreement,  must  remain 
exceptional or meet temporary needs. It shall be submitted for prior approval of the 
authority having delivered the licence of this leasing air carrier and to the competent 
authority of the other Party. 

EN 

37 

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ANNEXE 2  

Bilateral agreements between Morocco and the Member States of the European Community 

As provided in Article 25 of this Agreement, the relevant provisions of the following 
bilateral air transport agreements between Morocco and the Member States shall be 
superseded by this Agreement: 

–  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; 

Supplemented by the Exchange of Notes dated 20 January 1958; 

Last  amended  by 
11 June 2002; 

the  Memorandum  of  Understanding  done  at  Rabat  on 

–  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; 

–  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; 

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; 

Amended  by 
12 December 1991; 

the  Memorandum  of  Understanding  done  at  Bonn  on 

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; 

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; 

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

EN 

38 

   EN 

 
 
–  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; 

Amended by the Exchange of Letters dated 22 March 1961; 

Amended by the Agreed Minutes dated 2 and 5 December 1968; 

Amended by the Memorandum of Consultations of 17-18 May 1976; 

Amended by the Memorandum of Consultations dated 15 March 1977; 

Last  amended  by  the  Memorandum  of  Consultations  of  22-23  March  1984  and 
Exchange of letters of 14 March 1984; 

–  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; 

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; 

–  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; 

–  Air  Transport  Agreement  between  the  Hungarian  People’s  Republic  and  the 

Kingdom of Morocco done at Rabat on 21 March 1967; 

–  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; 

–  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; 

–  Air Transport Agreement between the Federal Government of Austria and the 
Government of the Kingdom of Morocco done at Rabat on 27 February 2002; 

–  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; 

–  Air  Transport  Agreement  between  Portugal  and  the  Government  of  the 

Kingdom of Morocco done at Rabat on 3 April 1958; 

EN 

39 

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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; 

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

–  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; 

Amended by the Exchange of Notes dated 10 and 14 October 1968; 

Amended by the Minutes done at London on 14 March 1997; 

Last amended by the Minutes done at Rabat on 17 October 1997; 

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. 

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ANNEXE 3 

Procedures for operating authorisations and technical permissions: competent authorities 

1. 

The European Community 

Germany 

Directorate General of Civil Aviation, Aero-Spatial affairs and Maritime 

Federal Ministry of Transport, Public Works and Buildings  

Austria 

Civil Aviation Administration 

Federal Ministry of Transport, Innovation and Technology 

Belgium 

Air Transport Directorate General 

Federal Office for Mobility and Transport 

Cyprus 

Department of Civil Aviation 

Ministry of Communications and Works 

Denmark 

Civil Aviation Administration 

Spain 

Directorate General of Civil Aviation 

Ministry of Promotions  

Estonia 

Civil Aviation Administration 

Finland 

Civil Aviation Administration 

France 

Directorate General for Civil Aviation (DGAC) 

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Greece 

Hellenic Civil Aviation Authority 

Ministry of Transport and Communications 

Hungary 

General Directorate of Civil Aviation 

Ministry of Economy and Transport 

Ireland 

Directorate General of Civil Aviation 

Department of Transport 

Italy 

National Agency for Civil Aviation (ENAC) 

Latvia 

Civil Aviation Administration 

Ministry of Transport 

Lithuania 

Civil Aviation Administration 

Luxembourg 

Directorate of Civil Aviation 

Malta 

Department of Civil Aviation 

Netherlands 

Aviation Policy Directorate 

Ministry of Transport, Public Works and Water Management 

Poland 

Civil Aviation Office 

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Portugal 

National Institute for Civil Aviation (INAC) 

Ministry for Equipment, Planning and Administration of the Territories 

Czech Republic 

Civil Aviation Department 

United Kingdom 

Aviation Directorate 

Department for Transport (DfT) 

Slovakia 

Directorate General of Civil Aviation 

Ministry of Transport, Posts and Telecommunications 

Slovenia 

Civil Aviation Office 

Ministry of Transport 

Sweden 

Directorate General of Civil Aviation 

2. 

Kingdom of Morocco 

Civil Aviation Directorate 

Ministry of Equipment and Transport 

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ANNEXE 4 

Transitional Provisions  

1. 

2. 

The implementation and application by the Moroccan Party of all the provisions of 
the Community legislation relating to air transport indicated in Annex 6 shall be the 
subject of an evaluation under the responsibility of the European Community which 
should  be  validated  by  the  Joint  Committee.  This  decision  of  the  Joint  Committee 
should be adopted two years after the entry into force of the Agreement at the latest. 

Until the moment of the adoption of this decision, the agreed services and specified 
routes  in  Annex  1,  shall  not  include  the  right  for  air  carriers  of  the  European 
Community to uplift traffic in Morocco and discharge traffic on points beyond and 
vice  versa  and,  the  right  for  Moroccan  air  carriers  to  uplift  traffic  at  a  point  in  the 
European Community to be discharged in another point of the European Community 
and vice versa. However, all 5th freedom traffic rights granted by one of the bilateral 
agreements between Morocco and the Member States of the European Community, 
listed in Annex 2, can continue to be exercised insofar as there is no discrimination 
on the basis of nationality. 

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ANNEXE 5 

List of other States referred to in Article 3 and 4 of this Agreement 

1. 

2. 

3. 

4. 

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

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

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

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

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ANNEXE 6 

Rules applicable to Civil Aviation 

The “Applicable provisions” of the following acts shall be applicable in accordance 
with  the  Agreement  unless  otherwise  specified  in  this  Annex  or  in  Annex  4  on 
Transitional Provisions. Where necessary, specific adaptations for each individual act 
are set out hereafter:  

A. 

AVIATION SAFETY 

Note: The precise conditions with regard to the participation as observer of Morocco 
to EASA will need to be discussed at a later stage. 

No. 3922/91 

Council Regulation 3922/91 of 16 December 1991 on the harmonisation of technical 
requirements and administrative procedures in the field of civil aviation 

as amended by: 

–  Commission  Regulation  (EC)  No  2176/96  of  13  November  1996  amending  to 

scientific and technical progress Council Regulation (EEC) No 3922/91 

–  Commission  Regulation  1069/1999  of  25  May  1999  adapting  to  scientific  and 

technical progress Council Regulation 3922/91 

–  Commission  Regulation  2871/2000  of  28  December  2000  adapting  to  scientific 
and  technical  progress  Council  Regulation  (EEC)  3922/91  on  the  harmonisation 
of  technical  requirements  and  administrative  procedures  in  the  field  of  civil 
aviation 

–  Regulation (EC) No 1592/2002 of the European Parliament and of the Council of 
15  July  2002  on  common  rules  in  the  field  of  civil  aviation  and  establishing  a 
European Aviation Safety Agency 

Applicable  provisions:  Articles  1  to  10,  12  to13  with  the  exception  of  Article  4, 
paragraph 1 and Article 8 paragraph 2, sentence 2, Annexes I, II and III 

As  regards  the  application  of  Article  12  “Member  States”  shall  read  “EC  Member 
States”. 

No. 94/56/EC 

Council  Directive  94/56  of  21  November  1994  establishing  the  fundamental 
principles governing the investigations of civil aviation accidents and incidents 

Applicable provisions: Articles 1 to 12 

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No. 1592/2002 

Regulation  (EC)  No  1592/2002  of  the  European  Parliament  and  of  the  Council  of 
15 July  2002  on  common  rules  in  the  field  of  civil  aviation  and  establishing  a 
European Aviation Safety Agency 

as amended by: 

–  Regulation (EC) No 1643/2003 of the European Parliament and of the Council of 
22 July 2003 amending Regulation (EC) No 1592/2002 on common rules in the 
field of civil aviation and establishing a European Aviation Safety Agency  

–  Commission  Regulation  (EC)  No  1701/2003  of  24  September  2003  adapting 

Article 6 of Regulation (EC) No 1592/2002 

Applicable provisions: Articles 1 to 57, Annexes I and II 

No. 2003/42 

Directive 2003/42/EC of the European Parliament and the Council of 13 June 2003 
on occurrence reporting in civil aviation 

Applicable provisions: Articles 1 to 11, Annexes I and II 

No. 1702/2003 

Commission  Regulation  (EC)  No  1702/2003  of  24  September  2003  laying  down 
implementing  rules  for  the  airworthiness  and  environmental  certification  of  aircraft 
and related products, parts and appliances, as well as for the certification of design 
and production organisations  

Applicable provisions: Articles 1 to 4 Annex  

No. 2042/2003 

Commission Regulation (EC) No 2042/2003 of 20 November 2003 on the continuing 
airworthiness of aircraft and aeronautical products, parts and appliances, and on the 
approval of organisations and personnel involved in these tasks 

Applicable provisions: Articles 1 to 6, Annexes I to IV 

No. 104/2004 

Commission Regulation (EC) No 104/2004 of 22 January 2004 laying down rules on 
the organisation and composition of the Board of Appeal of the European Aviation 
Safety Agency 

Applicable provisions: Articles 1 to 7 and Annex 

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B. 

AIR TRAFFIC MANAGEMENT 

No. 93/65 

Council Directive 93/65 of 19 July 1993 on the definition and the use of compatible 
technical and operating specifications for the procurement of air traffic management 
equipment and systems 

as amended by 

–  Commission  Directive  97/15  of  25  March  1997  adopting  Eurocontrol  standards 
and  amending  Council  Directive  93/65  on  the  definition  and  use  of  compatible 
technical  specifications  for  the  procurement  of  air  -  traffic  -  management  and 
systems, as amended by Commission Regulation 2082/2000 of 6 September 2000 
adopting  Eurocontrol  standards  and  amending  Directive  97/15,  adopting 
Eurocontrol  standards  and  amending  Council  Directive  93/65,  as  amended  by 
Commission Regulation (EC) No 980/2002 of 4 June 2002 amending Regulation 
(EC) No 2082/2000, adopting Eurocontrol standards 

Applicable provisions: Articles 1 to 9, Annexes I and II 

Reference to Council Directive 93/65 shall be deleted as of 20 October 2005. 

No. 2082/2000 

Commission  Regulation  2082/2000  of  6  September  2000  adopting  Eurocontrol 
standards  and  amending  Directive  97/15,  adopting  Eurocontrol  standards  and 
amending Council Directive 93/65 

as amended by 

–  Commission Regulation (EC) No 980/2002 of 4 June 2002 amending Regulation 

(EC) No 2082/2000, adopting Eurocontrol standards 

Applicable provisions: Articles 1 to 3, Annexes I to III 

No. 549/2004 

Regulation  (EC)  No  549/2004  of  the  European  Parliament  and  of  the  Council  of 
10 March 2004 laying down the framework for the creation of the single European 
sky (the framework Regulation) 

Applicable provisions: Articles 1 to 4, 6, and 9 to 14. 

No. 550/2004 

Regulation  (EC)  No  550/2004  of  the  European  Parliament  and  of  the  Council  of 
10 March 2004 on the provision of air navigation services in the single European sky 
(the service provision Regulation) 

Applicable provisions: Articles 1 to 19 

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No. 551/2004 

Regulation  (EC)  No  551/2004  of  the  European  Parliament  and  of  the  Council  of 
10 March 2004 on the organisation and use of the airspace in the single European sky 
(the airspace Regulation) 

Applicable provisions: Articles 1 to 11 

No. 552/2004 

Regulation  (EC)  No  552/2004  of  the  European  Parliament  and  of  the  Council  of 
10 March  2004  on  the  interoperability  of  the  European  Air  Traffic  Management 
network (the interoperability Regulation) 

Applicable provisions: Articles 1 to 12 

C. 

ENVIRONMENT 

No. 89/629 

Council  Directive  89/629  of  4  December  1989  on  the  limitation  of  noise  emission 
from civil subsonic jet aeroplanes. 

Applicable provisions: Articles 1 to 8 

No. 92/14 

Council  Directive  92/14  of  2  March  1992  on  the  limitation  of  the  operation  of 
aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 of the Convention 
of International Civil Aviation, second edition (1988) 

as amended by: 

–  Council Directive 98/20/EC of 30 March 1998 amending Directive 92/14/EEC on 
the  limitation  of  the  operation  of  aeroplanes  covered  by  Part  II,  Chapter  2, 
Volume 1 of Annex 16 to the Convention on International Civil Aviation, second 
edition (1988)  

–  Commission  Directive  1999/28/EC  of  21  April  1999  amending  the  Annex  to 
Council  Directive  92/14/EEC  on  the  limitation  of  the  operation  of  aeroplanes 
covered  by  Part  II,  Chapter  2,  Volume  1  of  Annex  16  to  the  Convention  on 
International Civil Aviation, second edition (1988) 

–  Commission Regulation (EC) No 991/2001 of 21 May 2001 amending the Annex 
to  Council  Directive  92/14/EEC  on  the  limitation  of  the  operation  of  aeroplanes 
covered  by  Part  II,  Chapter  2,  Volume  1  of  Annex  16  to  the  Convention  on 
International Civil Aviation, second edition (1988) 

Applicable provisions: Articles 1 to 11 and Annex 

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No. 2002/30 

Directive  2002/30/EC  of  the  European  Parliament  and  of  the  Council  of 
26 March 2002  on  the  establishment  of  rules  and  procedures  with  regard  to  the 
introduction of noise-related operating restrictions at Community airports 

Applicable provisions: Articles 1 to 15, Annexes I and II 

No. 2002/49 

Directive  2002/49/EC  of  the  European  Parliament  and  of  the  Council  of 
25 June 2002 relating to the assessment and management of environmental noise 

Applicable provisions: Articles 1 to 16, Annexes I to IV 

D. 

CONSUMER PROTECTION 

No. 90/314 

Council Directive 90/314 of 13 June 1990 on package travel, package holidays and 
package tours 

Applicable provisions: Articles 1 to 10 

No. 92/59 

Council Directive 92/59 of 29 June 1992 on general product safety 

Applicable provisions: Articles 1 to 19 

No. 93/13 

Council Directive 93/13 of 5 April 1993 on unfair terms in consumer contracts 

Applicable provisions: Articles 1 to 10 and Annex 

No. 95/46 

Directive 95/46 of the European Parliament and of the Council of 24 October 1995 
on the protection of individuals with regard to the processing of personal data and on 
the free movement of such data 

Applicable provisions: Articles 1 to 34 

No. 2027/97 

Council Regulation 2027/97 of 9 October 1997 on air carrier liability in the event of 
accidents 

as amended by: 

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–  Regulation (EC) No 889/2002 of the European Parliament and of the Council of 
13  May  2002  amending  Council  Regulation  (EC)  No  2027/97  on  air  carrier 
liability in the event of accidents 

Applicable provisions: Articles 1 to 8 

No. 261/2004 

Regulation  (EC)  No  261/2004  of  the  European  Parliament  and  of  the  Council  of 
11 February  2004  establishing  common  rules  on  compensation  and  assistance  to 
passengers  in  the  event  of  denied  boarding  and  of  cancellation  or  long  delay  of 
flights, and repealing Regulation (EEC) No 295/91 

Applicable provisions: Articles 1 to 17 

E. 

COMPUTER RESERVATION SYSTEMS 

No. 2299/1989  

Council Regulation No. 2299/1989 of 24 July 1989 introducing a code of conduct for 
computer reservation systems 

as amended by: 

–  Council Regulation (EEC) No 3089/93 of 29 October 1993 amending Regulation 
(EEC) No 2299/89 on a code of conduct for computerized reservation systems  

–  Council Regulation (EC) No 323/1999 of 8 February 1999 amending Regulation 
(EEC) No 2299/89 on a code of conduct for computer reservation systems (CRSs) 

Applicable provisions: Articles 1 to 22 and Annex 

F. 

SOCIAL ASPECTS 

No. 1989/391 

Council  Directive  89/391/EEC  of  12  June  1989  on  the  introduction  of  measures  to 
encourage improvements in the safety and health of workers at work 

Applicable provisions: Articles 1 to 16, and 18-19 

No. 2003/88 

Directive  2003/88/EC  of  the  European  Parliament  and  of  the  Council  of 
4 November 2003 concerning certain aspects of the organization of working time 

Applicable provisions: Articles 1 to 19, 21 to 24 and 26 to 29 

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No. 2000/79 

Council  Directive  2000/79  of  27  November  2000  concerning  the  European 
agreement  on  the  organisation  of  working  time  of  mobile  workers  in  civil  aviation 
concluded by the Association of European Airlines (AEA), the European Transport 
Workers' Federation (ETF), the European Cockpit Association (ECA), the European 
Regions  Airline  Association  (ERA)  and  the  International  Air  Carrier  Association 
(IACA) 

Applicable provisions: Articles 1 to 5 

G. 

OTHER LEGISLATION 

No. 91/670 

Council  Directive  No.  91/670  of  16  December  1991  on  mutual  acceptance  of 
personnel licences for the exercise of functions in civil aviation 

Applicable provisions: Articles 1 to 8 and Annex 

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