2006/959/EC: Decision of the Council and of the representatives of the Governments of the Member States, meeting within the Council of 4 December 2006 on the signature and provisional application of the Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part   (Text with EEA relevance)
Date: 2006-12-04
Institutions: Council of the European Union, Representatives of the Governments of the Member States
Subjects: Morocco, agreement (EU), air safety, air transport, signature of an agreement, transport licence, transport regulations

29.12.2006

EN

Official Journal of the European Union

L 386/55

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

of 4 December 2006

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

(Text with EEA relevance)

(2006/959/EC)

THE COUNCIL OF THE EUROPEAN UNION AND THE REPRESENTA-
TIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING
WITHIN THE COUNCIL,

HAVE DECIDED AS FOLLOWS:

Having regard to the Treaty establishing the European Commu-
nity, 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,

Having regard to the proposal from the Commission,

Whereas:

The Council has authorised the Commission to open
negotiations with the Kingdom of Morocco to establish a
Euro-Mediterranean Aviation Agreement.

The Commission has negotiated on behalf of the Commu-
nity and its Member States an Euro-Mediterranean Avia-
tion Agreement with the Kingdom of Morocco (hereinafter
‘the Agreement’) in accordance with the Council Decision
authorising the Commission to open negotiations.

Article 1

Signature and provisional application

The signing of the Euro-Mediterranean Aviation Agreement
1.
between the European Community and its Member States, of the
one part, and the Kingdom of Morocco, of the other part, here-
inafter ‘the Agreement’, is hereby approved on behalf of the Com-
munity, subject to the conclusion of the Agreement.

2.
The President of the Council is hereby authorised to desig-
nate the person(s) empowered to sign the Agreement on behalf
of the Community, subject to its conclusion.

Pending its entry into force, the Agreement shall be applied

3.
in accordance with Article 30(1) thereof.

4.

The text of the Agreement is attached to this Decision.

The Agreement was
14 December 2005.

initialled

at Marrakech on

Article 2

Joint Committee

Subject to its possible conclusion at a later date, the Agree-
ment negotiated by the Commission should be signed and
applied provisionally by the Community and the Member
States.

1.
The Community and the Member States shall be repre-
sented in the Joint Committee established under Article 22 of the
Agreement by representatives of the Commission and of the
Member States.

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 22 of
the Agreement and in the arbitration procedures provided
for in Article 23 of the Agreement, as well as for imple-
menting 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,

2.
The position to be taken by the Community and the Mem-
ber States within the Joint Committee as regards the amendment
of the Annexes to the Agreement others than Annex I (Agreed
Services and Specific Routes) and Annex IV (Transitional Provi-
sions), and any matters falling within Article 7 or 8 of the Agree-
ment
following
consultation with a Special Committee of the Representatives of
the Member States appointed by the Council.

adopted by the Commission,

shall be

(1)

(2)

(3)

(4)

(5)

L 386/56

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Official Journal of the European Union

29.12.2006

For other Joint Committee decisions concerning matters
3.
that fall within Community competence, the position of the
Community and its Member States shall be adopted by the Coun-
cil, acting by qualified majority, on a proposal
from the
Commission.

4.
For other Joint Committee decisions concerning matters
that fall within Member States’ competence, the position to be
presented shall be adopted by the Council, acting by unanimity,
on a proposal from the Commission or from Member States.

5.
The position of the Community and of the Member States
within the Joint Committee shall be presented by the Commis-
sion, except in areas that fall exclusively within Member States’
competence, in which case it shall be presented by the Presidency
of the Council or, if the Council so decides, by the Commission.

Article 3

Arbitration

1.
The Commission shall represent the Community and the
Member States in arbitration proceedings under Article 23 of the
Agreement.

2.
A decision to limit, suspend or revoke the application of
rights or privileges pursuant to Article 23(6) of the Agreement
shall be taken by the Council on the basis of a Commission pro-
posal. The Council shall decide by qualified majority.

3.
Any other appropriate action to be taken under Article 23
of the Agreement on matters which fall within Community com-
petence 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

1.
to
A decision to take safeguard measures pursuant
Article 24 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 Representa-
tives of the Member States appointed by the Council.

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 necessary 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 Commission’s decision to the Coun-
cil 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

Informing the Commission

1. Member States shall promptly inform the Commission of
any decision to refuse, revoke, suspend or limit the authorisa-
tions of an air carrier of Morocco that they have adopted under
Articles 3 or 4 of the Agreement.

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

3. Member States shall inform the Commission immediately
of any requests or notifications made or received by them under
Article 15 of the Agreement.

Done at Brussels, 4 December 2006.

For the Council
The President

M. PEKKARINEN