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
Date: 2006-12-12
Institutions: Austria, Belgium, Cyprus, Czechia, Denmark, Estonia, European Community, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Morocco, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, United Kingdom
Subjects: Mediterranean region (EU), Morocco, Union for the Mediterranean, agreement (EU), air transport

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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,

MALTA,

THE KINGDOM OF THE NETHERLANDS,

THE REPUBLIC OF AUSTRIA,

THE REPUBLIC OF POLAND,

THE PORTUGUESE REPUBLIC,

THE REPUBLIC OF SLOVENIA,

THE SLOVAK REPUBLIC,

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’,

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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 liberalised agreement;

DESIRING to ensure the highest degree of safety and security in international air transport and reaffirming their grave
concern with regard to acts or threats against the security of aircraft, which jeopardise 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 7 December 1944;

DESIRING to ensure a level playing field for air carriers;

RECOGNISING that government subsidies may adversely affect air carrier competition and may jeopardise the basic objec-
tives of this Agreement;

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

NOTING the importance of protecting consumers, including the protections afforded by the Convention for the Unifica-
tion of Certain Rules for International Carriage by Air, done at Montreal 28 May 1999, insofar as both the Contracting
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 maximising benefits for the consumers, air carriers, labour, and communities of both Contracting Parties;

CONSIDERING that an agreement between the European Community and its Member States, of the one part, and Morocco,
of the other part, can constitute a reference in Euro-Mediterranean aviation relations in order fully to promote the benefits
of liberalisation in this crucial economic sector;

NOTING that the purpose of such an agreement is that it be applied in a progressive but integral way, and that a suitable
mechanism can ensure ever closer harmonisation with Community legislation,

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HAVE AGREED AS FOLLOWS:

Article 1

Definitions

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

1)

the terms ‘agreed service’ and ‘specified route’ mean interna-
tional air transport pursuant to Article 2 of, and Annex I to,
this Agreement;

2)

‘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;

(b) 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;

‘full cost’ means the cost of providing service plus a reason-
able charge for administrative overhead and where relevant
any applicable charges aimed at reflecting environmental
costs and applied without distinction as to nationality;

‘Contracting Parties’ shall mean, on the one hand, the Com-
munity or its Member States, or the Community and its
Member States, in accordance with their respective powers,
and, on the other hand, Morocco;

‘national’ means any person or entity having Moroccan
nationality for the Moroccan Party, or the nationality of a
Member State for the European Party, insofar 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 enti-
ties 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 V for the
European Party;

7)

8)

9)

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

10) ‘subsidies’: any financial contribution granted by the authori-
ties or a regional organisation or another public organisa-
tion, i.e. when:

‘Community operating licence’ means an operating licence
in relation to air carriers established in the European Com-
munity granted and maintained in accordance with Coun-
cil Regulation (EEC) No 2407/92 of 23 July 1992 on
licensing of air carriers;

(a) 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;

3)

4)

5)

6)

‘Convention’ means the Convention on International Civil
Aviation, opened for signature at Chicago on 7 Decem-
ber 1944, and includes:

(b)

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

(a) 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,

(c) a government or regional body or other public organi-
sation provides goods or services other than general
infrastructure, or purchases goods or services;

and

or

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(d) a government or regional body or other public organi-
sation 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 (a), (b)
and (c) which would normally be vested in the govern-
ment and, in practice, in no real sense differs from prac-
tices normally followed by governments;

16) ‘competent authorities’ means the government agencies or
entities identified in Annex III. Any amendments to national
law with respect to the status of the competent authorities
shall be notified by the Contracting Party concerned to the
other Contracting Party.

and where a benefit is thereby conferred.

ECONOMIC PROVISIONS

TITLE I

11) ‘international air transport’ means air transport that passes
through the airspace over the territory of at least two States;

Article 2

Traffic Rights

12) ‘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 sur-
face transportation in connection with international air
transport, and the conditions to which their application is
subjected;

1.
Each Party shall grant to the other Party, except as other-
wise specified in Annex I, the following rights for the conduct of
international air transport by the air carriers of the other Party:

(a)

the right to fly across its territory without landing;

13) ‘user charge’ means a charge imposed on airlines for the pro-
vision of airport, airport environmental, air navigation, or
aviation security facilities or services including related ser-
vices and facilities;

(b)

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);

14) ‘SESAR’ means the technical implementation of the Single
European Sky which provides a coordinated, synchronised
research, development and deployment of the new genera-
tions of air traffic management systems;

15) ‘territory’ means, for Morocco, the land areas (mainland
and islands), internal waters and territorial sea under its sov-
ereignty 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. The applica-
tion 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
their dispute over sovereignty over the territory in which the
airport is situated and to the continuing suspension of
Gibraltar Airport from EU Aviation measures existing as at
18 September 2006 as between Member States in accor-
dance with the terms of the Ministerial Statement on Gibral-
tar Airport agreed in Cordoba on 18 September 2006;

and

(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.

Nothing in this Agreement shall be deemed to confer on

2.
the air carriers of:

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

(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.

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Article 3

Authorisation

(c)

the air carrier meets the conditions prescribed under the laws
and regulations normally applied by the authority compe-
tent for the operation of international air transport;

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

(a)

for an air carrier of Morocco:

and

(d)

the provisions set forth in Article 14 (Aviation Safety) and
Article 15 (Aviation Security) are being maintained and
administered.

— the air carrier has its principal place of business and, if
any, its registered office in Morocco, and received its
licence, 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 the Kingdom of Morocco;

Article 4

Revocation of Authorisation

The competent authorities of either Contracting Party may
1.
revoke, suspend or limit the operating authorisations or other-
wise suspend or limit the operations of an air carrier of the other
Contracting Party where:

and

(a)

for an air carrier of Morocco:

— 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 continues 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;

— the air carrier does not have its principal place of busi-
ness or, if any, its registered office in Morocco, or has
not received its operating licence and any other corre-
sponding document in accordance with the applicable
law of Morocco;

— effective regulatory control of the air carrier is not exer-

cised and maintained by Morocco;

(b)

for an air carrier of the European Community:

or

— the air carrier has its principal place of business and, if
any, its registered office in the territory of a Member
State under the Treaty establishing the European Com-
munity, and has received a Community operating
licence;

— 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:

and

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

— 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 V, and/or of the nationals of these
other States;

— the air carrier does not have its principal place of busi-
ness or, if any, its registered office in the territory of a
Member State under the Treaty establishing the Euro-
pean Community, or has not received a Community
operating licence;

— effective regulatory control of the air carrier is not exer-
cised and maintained by the Member State responsible
for issuing its Air Operators Certificate or the compe-
tent aeronautical authority is not clearly identified;

or

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— 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 V, and/or nationals of these other
States;

2. While entering, within, or leaving the territory of one Con-
tracting Party, the laws and regulations applicable within that ter-
ritory 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 Contracting Party’s air carriers.

(c)

the air carrier has failed to comply with the laws and regu-
lations referred to in Article 6 (Application of Laws) of this
Agreement;

or

Article 7

Competition

(d)

the provisions set forth in Article 14 (Aviation Safety) and
Article 15 (Aviation Security) are not being maintained or
administered.

2.
Unless immediate action is essential to prevent further non-
compliance with points (c) or (d) of paragraph 1, the rights estab-
lished by this Article shall be exercised only after consultation
with the competent authorities of the other Contracting Party.

Article 5

Investment

The majority ownership or the effective control of an air carrier
of Morocco by Member States or their nationals, or of an air car-
rier of the European Community by Morocco or its nationals,
shall be 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 Contracting Par-
ties. The provisions of Article 22(9) of this Agreement shall not
apply to this type of decisions.

Article 6

Compliance with laws and regulations

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 8

Subsidies

1.
The Contracting Parties recognise that public subsidies to
air carriers distort or threaten to distort competition by favour-
ing certain undertakings in the provision of air transport ser-
vices, that they jeopardise the basic objectives of the Agreement
and that they are incompatible with the principle of an open
aviation area.

2. When a Contracting Party deems it essential to grant pub-
lic subsidies to an air carrier operating under this Agreement in
order to achieve a legitimate objective, it shall see to it that such
subsidies are proportionate to the objective, transparent and
designed to minimise, to the extent feasible, their adverse impact
on the air carriers of the other Contracting Party. The Contract-
ing Party intending to grant any such subsidy shall inform the
other Contracting Party of its intention and shall make sure that
such subsidy is consistent with the criteria laid down in this
Agreement.

1. While entering, within, or leaving the territory of one Con-
tracting Party, the laws and regulations applicable within that ter-
ritory relating to the admission to or departure from its territory
of aircraft engaged in international air transport, or to the opera-
tion and navigation of aircraft shall be complied with by the other
Contracting Party’s air carriers.

If one Contracting Party believes that a subsidy provided
3.
by the other Contracting Party, or, as the case may be, by a pub-
lic or governmental body of a country other than the Contract-
ing Parties,
is inconsistent with the criteria laid down in
paragraph 2, it may request a meeting of the Joint Committee,
as provided in Article 22 to consider the issue and develop appro-
priate responses to concerns found to be legitimate.

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

5.
The provisions of this Article shall apply without prejudice
to the Contracting Parties’ laws and regulations regarding essen-
tial air services and public service obligations in the territories of
the Contracting Parties.

Article 9

Commercial opportunities

1.
The air carriers of each Contracting Party shall have the
right to establish offices in the territory of the other Contracting
Party for the promotion and sale of air transport and related
activities.

2.
The air carriers of each Contracting Party shall be entitled,
in accordance with the laws and regulations of the other Con-
tracting Party relating to entry, residence, and employment, to
bring in and maintain in the territory of the other Contracting
Party managerial, sales, technical, operational, and other special-
ist staff who are required to support the provision of air
transport.

Any air carrier of each Contracting Party may engage in
4.
the sale of air transport in the territory of the other Contracting
Party directly and/or, at the air carrier’s discretion, through its
sales agents or other intermediaries appointed by the air car-
rier. Each air carrier shall have the right to sell such transporta-
such
tion, and any person shall be
transportation, in the currency of that territory or in freely con-
vertible currencies.

to purchase

free

5.
Each air carrier shall have the right to convert and remit
from the territory of the other Contracting Party to its home ter-
ritory 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 per-
mitted 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 applica-
tion for remittance.

The air carriers of each Contracting Party shall be permit-
6.
ted to pay for local expenses, including purchases of fuel, in the
territory of the other Contracting 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.

3.

(a) Without prejudice to point (b) below, each air carrier
shall have in relation to groundhandling in the terri-
tory of the other Contracting Party:

In operating or holding out services under the Agreement,
7.
any air carrier of a Contracting Party may enter into cooperative
marketing arrangements, such as blocked-space agreements or
code-sharing arrangements, with:

(i)

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

(a) any air carrier or carriers of the Contracting Parties;

(ii)

the right to select among competing suppliers 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 Contracting Party, and where such suppliers
are present in the market.

(b) For the following categories of groundhandling ser-
vices 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 point (a)(i)
and (ii) shall be subject only to specific constraints
according to the laws and regulations applicable in the
territory of the other Party. Where such constraints
preclude self-handling and where there is no effective
competition
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.

suppliers

between

that

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 require-
ments relating to safety and competition normally applied to
such arrangements. In respect of passenger transport sold involv-
ing code-shares, the purchaser shall be informed at the point of
sale, or in any case before boarding, which transportation pro-
viders will operate each sector of the service.

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8.

(a)

In relation to the transport of passengers, surface trans-
portation 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 particu-
lar 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 Contracting Parties shall be
permitted, without restriction, to employ in connec-
tion with international air transport any surface trans-
portation 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 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 trans-
portation 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 10

Customs duties and charges

There shall also be exempt, on the basis of reciprocity, from
2.
the taxes, levies, duties, fees and charges referred to in para-
graph 1 of this Article, with the exception of charges based on
the cost of the service provided:

(a) aircraft stores introduced into or supplied in the territory of
a Contracting 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 per-
formed over the said territory;

(b) ground equipment and spare parts (including engines) intro-
duced into the territory of a Contracting Party for the servic-
ing, maintenance, or repair of aircraft of an air carrier of the
other Contracting Party used in international air transport;

(c)

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

(d) printed matter, as provided for by the customs legislation of
each Contracting Party, introduced into or supplied in the
territory of one Contracting Party and taken on board for
use on outbound aircraft of an air carrier of the other Con-
tracting Party engaged in international air transport, even
when these stores are to be used on a part of the journey
performed over the said territory;

and

On arriving in the territory of one Contracting Party, air-
1.
craft operated in international air transport by the air carriers of
the other Contracting Party, their regular equipment, fuel, lubri-
cants, consumable technical supplies, ground equipment, spare
parts (including engines), aircraft stores (including but not lim-
ited to such items of food, beverages and liquor, tobacco and
other products destined for sale to or use by passengers in lim-
ited 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 authori-
ties 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.

(e)

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

3.
This Agreement does not exempt fuel supplied by a Con-
tracting Party to air carriers within its territory from taxes, lev-
ies, duties, fees, and charges similar to those referred to in
paragraph 1. While entering, within, or leaving the territory of
one Contracting Party, its laws and regulations relating to the
sale, supply, and use of aircraft fuel shall be complied with by
the other Contracting Party’s air carriers.

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Equipment and supplies referred to in paragraphs 1 and 2
4.
of this Article may be required to be kept under the supervision
or control of the appropriate authorities.

Article 13

Statistics

5.
The exemptions provided by this Article shall also be avail-
able where the air carriers of one Contracting Party have con-
tracted with another air carrier, which similarly enjoys such
exemptions from the other Contracting Party, for the loan or
transfer in the territory of the other Party of the items specified
in paragraphs 1 and 2.

6.
Nothing in this Agreement shall prevent either Contract-
ing 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.

The competent authorities of either Contracting Party shall sup-
ply the competent authorities of the other Contracting Party, at
their request, with the information and statistics related to the
traffic carried by the air carriers authorised by one Contracting
Party on the agreed services to or from the territory of the other
Contracting 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 Contracting Party
may request from the authorities of the other Contracting Party
shall be subject to discussions by the Joint Committee, at the
request of either Contracting Party.

Article 11

User Charges

Each Contracting Party shall undertake not to impose on
1.
the air carriers of the other Contracting Party user charges higher
than those imposed on its own air carriers operating similar inter-
national air services.

2.
Increased or new charges should only follow adequate con-
sultation between the competent charging authorities and the air
carriers of each Contracting Party. Reasonable notice of any pro-
posals for changes in user charges should be given to users to
enable them to express their views before changes are made. The
Contracting Parties shall also encourage the exchange of such
information as may be necessary to permit an accurate assess-
ment of the reasonableness of, justification for and apportion-
ment of the charges in accordance with the principles set out
above.

Article 12

Pricing

TITLE II

REGULATORY COOPERATION

Article 14

Aviation safety

The Contracting Parties shall act in conformity with the
1.
provisions of the Community’s aviation safety legislation speci-
fied in Annex VI. A, under the conditions set out hereafter.

2.
The Contracting Parties shall ensure that aircraft registered
in one Contracting Party suspected of non-compliance with inter-
national aviation safety standards established pursuant to the
Convention landing at airports open to international air traffic
in the territory of the other Contracting Party shall be subject to
ramp inspections by the competent authorities of that other Con-
tracting 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 Contracting Party may request consultations at any
3.
time concerning the safety standards maintained by the other
Contracting Party.

Prices for air transport services operated pursuant to this Agree-
ment 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 Commu-
nity law.

4.
Nothing in this Agreement shall be construed to limit the
authority of the competent authorities of a Contracting Party to
take all appropriate and immediate measures whenever they
ascertain that an aircraft, a product or an operation may:

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(a)

fail to satisfy the minimum standards established pursuant
to the Convention or the legislation specified in Part A of
Annex VI, whichever is applicable,

The Contracting Parties shall provide upon request all nec-
2.
essary assistance to each other to prevent acts of unlawful sei-
zure of civil aircraft and other unlawful acts against the safety of
such aircraft, their passengers and crew, airports and air naviga-
tion facilities, and any other threat to the security of civil aviation.

(b) give rise to serious concerns – established through an inspec-
tion referred to in paragraph 2 –that an aircraft or the opera-
tion of an aircraft does not comply with the minimum
standards established pursuant to the Convention or the leg-
islation specified in Part A of Annex VI, 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 Part A of Annex VI, whichever is applicable.

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

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

Article 15

Aviation Security

1.
The assurance of safety for civil aircraft, their passengers
and crew being a fundamental pre-condition for the operation
of international air services, the Contracting Parties reaffirm their
obligations to each other to provide for the security of civil avia-
tion 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 Mon-
treal on 23 September 1971, 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, insofar as both
Contracting Parties are parties to these conventions, as well as
all other conventions and protocols relating to civil aviation
safety of which both Parties are parties.

The Contracting Parties shall, in their mutual relations, act
3.
in conformity with the aviation security Standards and, so far as
they are applied by them, the Recommended Practices estab-
lished by the International Civil Aviation Organisation (ICAO)
and designated as Annexes to the Chicago Convention, to the
extent that such security provisions are applicable to the Con-
tracting Parties. Both Contracting Parties shall require that opera-
tors of aircraft of their registry, operators who have their
principal place of business or permanent residence in their terri-
tory, and the operators of airports in their territory, act in con-
formity with such aviation security provisions.

4.
Each Contracting Party shall ensure that effective measures
are taken within its territory to protect aircraft, to screen passen-
gers 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 Contracting Party
agrees that their air carriers may be required to observe the avia-
tion security provisions referred to in paragraph 3 required by
the other Contracting Party, for entrance into, departure from,
or while within, the territory of that other Contracting Party. Each
Contracting Party shall also act favourably upon any request from
the other Contracting Party for reasonable special security mea-
sures to meet a particular threat

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

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

7. Without prejudice to Article 4 (Revocation of Authorisa-
tions) of this Agreement, failure to reach a satisfactory agree-
ment within fifteen (15) days from the date of such request shall
constitute grounds to withhold, revoke, limit or impose condi-
tions on the operating authorisation of one or more air carriers
of such other Contracting Party.

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

9.
Any action taken in accordance with the paragraph 7 shall
be discontinued upon compliance by the other Contracting Party
with the provisions of this Article.

Nothing in this Agreement shall be construed to limit the
2.
authority of the competent authorities of a Contracting Party to
take all appropriate measures to prevent or otherwise address the
environmental impacts of the international air transport per-
formed under the Agreement provided that such measures are
applied without distinction as to nationality.

Article 16

Air traffic management

1.
The Contracting Parties shall act in conformity with the
provisions of the legislation specified in Part B of Annex VI, under
the conditions set out hereafter.

The Contracting Parties commit themselves to the highest
2.
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 gen-
eral air traffic standards in Europe, to optimise capacities and to
minimise delays.

Article 18

Consumer protection

The Contracting Parties shall act in accordance with Community
legislation relating to air transport specified in Part D of
Annex VI.

Article 19

Computer reservation systems

The Contracting Parties shall act in accordance with Community
legislation relating to air transport specified in Part E of Annex VI.

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

Article 20

Social aspects

(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
navigation service providers;

The Contracting Parties shall act in accordance with Community
legislation relating to air transport specified in Part F of Annex VI.

and

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

TITLE III

INSTITUTIONAL PROVISIONS

Article 21

Interpretation and enforcement

Article 17

Environment

1.
The Contracting Parties shall take all appropriate measures,
whether general or particular, to ensure fulfilment of the obliga-
tions arising out of this Agreement and shall refrain from any
measures which would jeopardise attainment of the objectives of
this Agreement.

1.
The Contracting Parties shall act in conformity with Com-
munity legislation relating to air transport specified in Part C of
Annex VI.

2.
Each Contracting Party shall be responsible, in its own ter-
ritory, for the proper enforcement of this Agreement and, in par-
ticular, the regulations and directives related to air transport listed
in Annex VI.

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Each Contracting Party shall give the other Contracting
3.
Party all necessary information and assistance in the case of inves-
tigations on possible infringements which that other Contract-
ing Party carries out under its respective competences as provided
in this Agreement.

If, in the view of one of the Contracting Parties, a decision
7.
of the Joint Committee is not properly implemented by the other
Contracting Party, the former may request that the issue be dis-
cussed by the Joint Committee. If the Joint Committee cannot
solve the issue within two months of its referral, the requesting
Contracting Party may take appropriate temporary safeguard
measures under Article 24.

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

the other Contracting Party,

Article 22

The Joint Committee

1.
A committee composed of representatives of the Contract-
ing Parties (hereinafter referred to as the Joint Committee) is
hereby established, which shall be responsible for the administra-
tion of this Agreement and shall ensure its proper implementa-
tion. For this purpose it shall make recommendations and take
decisions in the cases provided for in this Agreement.

2.
The decisions of the Joint Committee shall be jointly
adopted and shall be binding upon the Contracting Parties. They
will be put into effect by the Contracting Parties in accordance
with their own rules.

The Joint Committee shall meet as and when necessary and
3.
at least once a year. Either Contracting Party may request the
convening of a meeting.

4.
A Contracting Party may also request a meeting of the Joint
Committee to seek to resolve any question relating to the inter-
pretation 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
by the Contracting Parties.

5.
For the purpose of the proper implementation of this
Agreement, the Contracting Parties shall exchange information
and, at the request of either Contracting Party, shall hold consul-
tations within the Joint Committee.

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

6.
procedure.

The decisions of the Joint Committee shall state the date of
8.
its implementation in the Contracting Parties and any other infor-
mation likely to concern economic operators.

9. 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 Contracting Par-
ties may take appropriate temporary safeguard measures under
Article 24.

The Joint Committee shall examine questions relating to
10.
bilateral investments of majority participation, or changes in the
effective control of air carriers of the Contracting Parties.

11.

The Joint Committee shall also develop cooperation by:

(a)

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

(b)

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;

and

(c)

considering potential areas for the further development of
the Agreement, including the recommendation of amend-
ments to the Agreement.

Article 23

Dispute Resolution and Arbitration

1.
Either Contracting 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 22. For the purposes of this Article, the Association Coun-
cil established under the Association Agreement shall act as Joint
Committee.

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The Joint Committee may settle the dispute by means of a

2.
decision.

Article 24

Safeguard measures

The Contracting Parties shall take the necessary measures

3.
to implement the decision referred to in paragraph 2.

1.
The Contracting Parties shall take any general or specific
measures required to fulfil their obligations under this Agree-
ment. They shall see to it that the objectives set out in this Agree-
ment are attained.

4.
Should the Contracting Parties be unable to settle the dis-
pute in accordance with paragraph 2, the dispute shall, at the
request of either Contracting Party, be submitted to an arbitra-
tion panel of three arbitrators in accordance with the procedure
laid down hereafter:

(a)

each Contracting 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 Contracting Party through diplomatic
channels; the third arbitrator should be appointed by the
other two arbitrators within sixty (60) additional days. If one
of the Contracting Parties has not appointed an arbitrator
within the agreed period, or if the third arbitrator is not
appointed within the agreed period, each Contracting Party
may request the President of the Council of the ICAO to
appoint an arbitrator or arbitrators, whichever is applicable;

(b)

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

(c)

the arbitration court shall agree its rules of procedure;

and

2.
If either Contracting 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 neces-
sary 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.

3.
A Contracting Party which is considering taking safeguard
measures shall notify the other Contracting Parties through the
Joint Committee and shall provide all relevant information.

4.
The Contracting Parties shall immediately enter into con-
sultations in the Joint Committee with a view to finding a com-
monly acceptable solution.

5. Without prejudice to Articles 3(d), Article 4(d) and
Articles 14 and 15, the Contracting Party concerned may not
take safeguard measures until one month has elapsed after the
date of notification under paragraph 3, unless the consultation
procedure under paragraph 4 has been concluded before the
expiration of the stated time limit.

The Contracting Party concerned shall, without delay, notify
6.
the measures taken to the Joint Committee and shall provide all
relevant information.

(d)

subject to the final decision of the arbitration court, the ini-
tial expenses of the arbitration shall be shared equally by the
Contracting Parties.

7.
Any action taken under the terms of this Article shall be
suspended, as soon as the Contracting Party at fault satisfies the
provisions of this Agreement.

Any provisional decision or final decision of the arbitra-

5.
tion court shall be binding upon the Contracting Parties.

Article 25

Geographic extension of the Agreement

If one of the Contracting Parties does not act in confor-
6.
mity 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 Contracting Party may,
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.

The Contracting 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 Barce-
lona of 28 November 1995. The Contracting 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.

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Article 26

Relationship to other Agreements

As soon as new legislation is being drawn up by one of
4.
the Contracting Parties, it shall inform and consult the other Con-
tracting Party as closely as possible. At the request of one of the
Contracting Parties, a preliminary exchange of views may take
place in the Joint Committee.

1.
The provisions of this Agreement supersede the relevant
provisions of existing bilateral agreements between Morocco and
the Member States. However, existing traffic rights which origi-
nate 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 and their
nationals.

2.
If the Contracting Parties become parties to a multilateral
agreement, or endorse a decision adopted by the International
Civil Aviation Organisation or another international organisa-
tion, that addresses matters covered by this Agreement, they shall
consult in the Joint Committee to determine whether this Agree-
ment should be revised to take into account such developments.

This Agreement shall be without prejudice to any decision
3.
by the two Contracting Parties to implement future recommen-
dations that may be made by the ICAO. The Contracting Parties
shall not cite this Agreement, or any part of it, as the basis for
opposing consideration in the ICAO of alternative policies on
any matter covered by this Agreement.

5.
As soon as a Contracting Party has adopted new legisla-
tion or an amendment to its legislation in the field of air trans-
port or an associated area mentioned in Annex VI, it shall inform
the other Contracting Party not later than thirty days after its
adoption. Upon the request of any Contracting Party, the Joint
Committee shall within sixty days thereafter hold an exchange
of views on the implications of such new legislation or amend-
ment for the proper functioning of this Agreement.

6.

The Joint Committee shall:

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

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

or

Article 27

Amendments

(c) decide any other measures, to be adopted within a reason-
able period of time, to safeguard the proper functioning of
this Agreement.

1.
If one of the Contracting Parties wishes to revise the provi-
sions 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.

Article 28

Termination

2.
The Joint Committee may, upon the proposal of one Con-
tracting 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
3.
each Contracting 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 legisla-
tion in the field of air transport or an associated area mentioned
in Annex VI, with respect to the principle of non-discrimination
and in accordance with the provisions of this Agreement.

1.

This Agreement is concluded for an unlimited period.

2.
Either Party may, at any time, give notice in writing through
diplomatic channels to the other Party of its decision to termi-
nate this Agreement. Such notice shall be sent simultaneously to
the ICAO. 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.

3.
This Agreement shall cease to be in force or be suspended
if the Association Agreement ceases to be in force or is sus-
pended, respectively.

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Article 29

Registration with the International Civil Aviation
Organisation and the United Nations Secretariat

This Agreement and all amendments thereto shall be registered
with the ICAO and with the UN Secretariat.

Article 30

Entry into force

1.
This Agreement shall be applied provisionally, in accor-
dance with the national laws of the Contracting Parties, from the
date of signature.

This Agreement shall enter into force one month after the
2.
date of the last note in an exchange of diplomatic notes between
the Contracting Parties confirming that all necessary procedures
for entry into force of this Agreement have been completed. For
purposes of this exchange, the Kingdom of Morocco shall deliver
to the General Secretariat of the Council of the European Union
its diplomatic note to the European Community and its Member
States, and the General Secretariat of the Council of the Euro-
pean Union shall deliver to the Kingdom of Morocco the diplo-
matic note from the European Community and its Member
States. The diplomatic note from the European Community and
its Member States shall contain communications from each Mem-
ber State confirming that its necessary procedures for entry into
force of this Agreement have been completed.

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

Done at Brussels on the twelfth day of December in the year two thousand and six, in dupli-
cate, in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungar-
ian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovene, Spanish, Swedish
and Arabic languages, each text being equally authentic.

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Pour le Royaume de Belgique
Voor het Koninkrijk België
Für das Königreich Belgien

Za Českou republiku

På Kongeriget Danmarks vegne

Für die Bundesrepublik Deutschland

Eesti Vabariigi nimel

Για την Ελληνική Δημοκρατία

Por el Reino de España

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Pour la République française

Thar cheann Na hÉireann
For Ireland

Per la Repubblica italiana

Για την Κυπριακή Δημοκρατία

Latvijas Republikas vārdā

Lietuvos Respublikos vardu

Pour le Grand-Duché de Luxembourg

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A Magyar Köztársaság részéről

Għar-Repubblika ta’ Malta

Voor het Koninkrijk der Nederlanden

Für die Republik Österreich

W imieniu Rzeczypospolitej Polskiej

Pela República Portuguesa

Za Republiko Slovenijo

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Za Slovenskú republiku

Suomen tasavallan puolesta
För Republiken Finland

För Konungariket Sverige

For the United Kingdom of Great Britain and Northern Ireland

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Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Za Európske spoločenstvo
Za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar

Por el Reino de Marruecos
Za Marocké království
For Kongeriget Marokko
Für das Königreich Marokko
Maroko Kuningriigi nimel
Για το Βασίλειο του Μαρόκου
For the Kingdom of Morocco
Pour le Royaume du Maroc
Per il Regno del Marocco
Marokas Karalistes vārdā
Maroko Karalystès vardu
A Marokkói Királyság részéről
Għar-Renju tal-Marokk
Voor het Koninkrijk Marokko
W imieniu Królestwa Marokańskiego
Pelo Reino de Marrocos
Za Marocké kráľovstvo
Za Kraljevino Maroko
Marokon kuningaskunnan puolesta
För Konungariket Marocko

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ANNEX I

AGREED SERVICES AND SPECIFIED ROUTES

1.

2.

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

Each Contracting Party grants to the air carriers of the other Contracting 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 European Community provided that these services originate or terminate in
the territory of Morocco.

Air carriers of the European 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 European 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, the 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 Community.

Each Contracting 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 Con-
tracting 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 Contracting Party, except for customs, technical, operational, environ-
mental or protection of health reasons.

4.

5.

6. 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.

7.

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 V, 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 Contracting Party.

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ANNEX II

BILATERAL AGREEMENTS BETWEEN MOROCCO AND THE MEMBER STATES OF THE
EUROPEAN COMMUNITY

As provided in Article 26 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 the Memorandum of Understanding done at Rabat on 11 June 2002;

— Air Transport Agreement between the Czechoslovak Socialist Republic and 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;

— Air Transport Agreement between the Government of the Hellenic Republic and the Government of the Kingdom of

Morocco done at Rabat on 10 May 1999;

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;

— 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 the Morocco-French Consultations of 17-18 May 1976;

— amended by the Memorandum of the Morocco-French Consultations dated 15 March 1977;

last amended by the Memorandum of the Morocco-French 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;

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— 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 Govern-

ment 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;

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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PROCEDURES FOR OPERATING AUTHORISATIONS AND TECHNICAL PERMISSIONS: COMPETENT
AUTHORITIES

ANNEX III

1.

The European Community

Austria:

Civil Aviation Authority
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

Czech Republic:

Civil Aviation Department
Ministry of Transport
Civil Aviation Authority

Denmark:

Civil Aviation Administration

Estonia:

Civil Aviation Administration

Finland:

Civil Aviation Authority

France:

Directorate General for Civil Aviation (DGAC)

Germany:

Luftfahrt-Bundesamt
Federal Ministry of Transport, Building and Urban Affairs

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

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Luxembourg:

Directorate of Civil Aviation

Malta:

Department of Civil Aviation

Netherlands:

Ministry of Transport, Public Works and Water Management: Directorate-General of Civil Aviation and Freight
Transport
Transport and Water Management Inspectorate

Poland:

Civil Aviation Office

Portugal:

National Institute of Civil Aviation (INAC)
Ministry for Equipment, Planning and Administration of the Territories

Spain:

Directorate General of Civil Aviation
Ministry of Promotions

The Slovak Republic:

Department of Civil Aviation
Ministry of Transport, Posts and Telecommunications

Slovenia:

Directorate of Civil Aviation
Ministry of Transport

Sweden:

Civil Aviation Authority

United Kingdom:

Aviation Directorate
Department for Transport (DfT)

2.

Kingdom of Morocco

Civil Aviation Directorate
Ministry of Equipment and Transport

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ANNEX IV

TRANSITIONAL PROVISIONS

1.

The implementation and application by the Moroccan Party of all the provisions of Community legislation relating
to air transport indicated in Annex VI 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.

2. Until the moment of the adoption of the decision referred to in point 1, the agreed services and specified routes in
Annex I, 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 II, can continue to be exercised insofar as there is no discrimination on
the basis of nationality.

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LIST OF OTHER STATES REFERRED TO IN ARTICLE 3 AND 4 OF THE AGREEMENT

ANNEX V

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)

1.

2.

3.

4.

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ANNEX VI

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 IV on Transitional Provisions. Where necessary, specific adaptations for each indi-
vidual act are set out hereafter:

A. AVIATION SAFETY

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

No 3922/91

Council Regulation (EEC) 3922/91 of 16 December 1991 on the harmonisation of technical requirements and admin-
istrative 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 (EC) No 1069/1999 of 25 May 1999 adapting to scientific and technical progress Coun-

cil Regulation (EEC) No 3922/91

— Commission Regulation (EC) No 2871/2000 of 28 December 2000 adapting to scientific and technical progress

Council Regulation (EEC) No 3922/91

— 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 para-
graph 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

Council Directive 94/56/EC of 21 November 1994 establishing the fundamental principles governing the investiga-
tions of civil aviation accidents and incidents

Applicable provisions: Articles 1 to 12

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 Regu-

lation (EC) No 1592/2002

— 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

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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 airwor-
thiness and environmental certification of aircraft and related products, parts and appliances, as well as for the certi-
fication 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 composi-
tion of the Board of Appeal of the European Aviation Safety Agency

Applicable provisions: Articles 1 to 7 and Annex

B. AIR TRAFFIC MANAGEMENT

No 93/65

Council Directive 93/65/EC 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/EC of 25 March 1997 adopting Eurocontrol standards and amending Council Direc-
tive 93/65/EEC on the definition and use of compatible technical specifications for the procurement of air –
traffic – management and systems, as amended by Commission Regulation (EC) No 2082/2000 of 6 Septem-
ber 2000 adopting Eurocontrol standards and amending Directive 97/15/EC, adopting Eurocontrol standards
and amending Council Directive 93/65/EEC, 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/EEC shall be deleted as of 20 October 2005.

No 2082/2000

Commission Regulation (EC) No 2082/2000 of 6 September 2000 adopting Eurocontrol standards and amending
Directive 97/15, adopting Eurocontrol standards and amending Council Directive 93/65/EEC

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

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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

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 interoperabil-
ity 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/EEC 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/EEC 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

— Commission Directive 1999/28/EC of 21 April 1999 amending the Annex to Council Directive 92/14/EEC

— Commission Regulation (EC) No 991/2001 of 21 May 2001 amending the Annex to Council Directive 92/14/EEC

Applicable provisions: Articles 1 to 11 and Annex

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

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D. CONSUMER PROTECTION

No 90/314

Council Directive 90/314/EEC 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/EEC of 29 June 1992 on general product safety

Applicable provisions: Articles 1 to 19

No 93/13

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

Applicable provisions: Articles 1 to 10 and Annex

No 95/46

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individu-
als 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 (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents

as amended by:

— Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Coun-

cil Regulation (EC) No 2027/97

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 com-
mon 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 (EEC) 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

— Council Regulation (EC) No 323/1999 of 8 February 1999 amending Regulation (EEC) No 2299/89

Applicable provisions: Articles 1 to 22 and Annex

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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 organisation of working time

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

No 2000/79

Council Directive 2000/79/EEC 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 Euro-
pean 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 91/670/EEC 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