Proposal for a Council Decision on the conclusion of a Protocol amending 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, to take account of the accession to the European Union of the Republic of Bulgaria and Romania
Date: 2007-09-04
Institutions: European Commission
Subjects: Bulgaria, European Community, Morocco, Romania, accession to the European Union, agreement (EU), air transport, protocol to an agreement, transport regulations

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 4.9.2007 
COM(2007) 495 final 

2007/0181 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a Protocol amending 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, to take account of the accession to the European 
Union of the Republic of Bulgaria and Romania 

(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  was  negotiated  on  the  basis  of  a  mandate  given  by  the 
Council in December 2004. The agreement was signed on 12 December 2006. 

120 

• 

General context 

The Republic of Bulgaria and Romania acceded to the European Union on 1 January 
2007. Pursuant to Article 6(2) of the Act concerning the Conditions of Accession, those 
two  States  undertook  to  accede  to  the  Agreements  and  Conventions  concluded  or 
signed by the Member States and the Community acting jointly. 

The simplified procedure applies to accession to those Agreements and Conventions. A 
Protocol  should  be  concluded  by  the  Council  of  the  European  Union,  acting 
unanimously on behalf of the Member States, and the third countries concerned. 

The  accession  of  the  Republic  of  Bulgaria  and  Romania  to  the  Euro-Mediterranean 
Aviation Agreement between the European Community and the Kingdom of Morocco 
signed  in  Brussels  on  12  December  2006  should  therefore  be  approved  through  the 
conclusion of a Protocol amending that Agreement. 

The  Protocol  provides  for  the  necessary  technical  and  linguistic  adaptations  of  the 
Agreement that ensue from the accession of Bulgaria and Romania. 

130 

• 

Existing provisions in the area covered by the proposal 

The provisions of the Agreement supersede or complement the provisions in the Euro-
Mediterranean  Aviation  Agreement  between  the  European  Community  and  the 
Kingdom of Morocco. 

140 

• 

Consistency with other policies and objectives of the Union 

The Agreement with Morocco is the first step towards strengthening air transport links 
between  the  European  Community  and  neighbouring  countries.  It  forms  part  of  the 
framework  established  by  the  Commission  Communication  COM(2005)  79  final: 
"Developing the agenda for the Community's external aviation policy". 

2)  CONSULTATION OF THE STAKEHOLDERS AND IMPACT ASSESSMENT 

• 

Consultation of the stakeholders 

211  Consultation methods, main sectors targeted and general profile of respondents 

Not applicable 

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212 

Summary of responses and how they have been taken into account 

Not applicable 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

305 

• 

Summary of the proposed measures 

The Protocol ensures the necessary replacements to be made in the Euro-Mediterranean 
Aviation Agreement following the accession of Bulgaria and Romania to the EU on 1 
January 2007. The relevant provisions will be added to the Annex.  

310 

• 

Legal basis 

Article  80(2)  in  conjunction  with  the  first  subparagraph  of  Article  300(2),  Article 
300(3) and Article 300(4). 

329 

• 

Subsidiarity principle 

The subsidiarity principle applies since the proposal does not come under the exclusive 
competence of the Community.  

• 

Proportionality principle 

The Protocol will amend or supplement provisions in the Euro-Mediterranean Aviation 
Agreement only to the extent necessary to ensure compliance with Community law. 

• 

Choice of instruments 

342  A Protocol amending the Agreement between the Community and Morocco is the most 
efficient  instrument  to  take  account  of  the  accession  of  the  Republic  of  Bulgaria  and 
Romania. 

4)  BUDGETARY IMPLICATIONS 

409  The proposal has no implications for the Community budget. 

5)  ADDITIONAL INFORMATION 

570 

• 

Detailed explanation of the proposal 

The  Council  is  requested  to  approve  the  Protocol  amending  the  Euro-Mediterranean 
Aviation Agreement between the European Community and the Kingdom of Morocco. 

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2007/0181 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a Protocol amending 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, to take account of the accession to the European 
Union of the Republic of Bulgaria and Romania 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
80(2) thereof in conjunction with Article 300(2), the first subparagraph of Article 300(3) and 
Article 300(4), 

Having  regard  to  the  Act  of  Accession  of  the  Republic  of  Bulgaria  and  Romania  to  the 
European Union, and in particular Article 6(2) thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

On  5  December  2004,  the  Council  authorised  the  Commission  to  negotiate  a  Euro-
Mediterranean  Aviation  Agreement  between  the  European  Community  and  its 
Member  States  and  the  Kingdom  of  Morocco.  The  measures  provided  for  in  this 
Decision are in accordance with the opinion of the relevant Committee. 

The Euro-Mediterranean Aviation Agreement between the European Community and 
its  Member  States  and  the  Kingdom  of  Morocco  ("the  Agreement")  was  signed  in 
Brussels on 12 December 2006.  

The Treaty concerning the Accession of the Republic of Bulgaria and Romania to the 
European Union was signed in Luxembourg on 25 April 2005 and entered into force 
on 1 January 2007. 

A Protocol amending the Aviation Agreement is necessary in order to take account of 
the accession of those two new Member States. 

(5) 

The Protocol was negotiated by the two Parties on [  ]. 

(6) 

The Protocol should therefore be approved, 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The  Protocol  amending  the  Euro-Mediterranean  Aviation  Agreement  between  the  European 
Community and its Member States and the Kingdom of Morocco in order to take account of 
the  accession  of  the  Republic  of  Bulgaria  and  Romania  to  the  European  Union  is  hereby 
adopted  on  behalf  of  the  European  Community  and  its  Member  States.  The  text  of  the 
Protocol is attached to this Decision. 

Article 2 

The notification provided for in Article 4 of the Protocol shall be given by the Council. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

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ANNEX  

DRAFT 

PROTOCOL AMENDING 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 

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THE KINGDOM OF BELGIUM, 

THE REPUBLIC OF BULGARIA, 

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, 

ROMANIA, 

THE REPUBLIC OF SLOVENIA, 

THE SLOVAK REPUBLIC, 

THE REPUBLIC OF FINLAND, 

THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 

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hereinafter referred to as "the Member States", and the 

THE EUROPEAN COMMUNITY, 

hereinafter referred to as "the Community", 

represented by the Council of the European Union, 

of the one part, and 

THE GOVERNMENT OF THE KINGDOM OF MOROCCO, 

(hereinafter referred to as Morocco), 

of the other part, 

Having  regard  to  the  accession  of  the  Republic  of  Bulgaria  and  Romania  to  the  European 
Union and hence to the Community on 1 January 2007, 

HAVE AGREED AS FOLLOWS: 

Article 1 

The  Republic  of  Bulgaria  and  Romania  are  Parties  to  the  Euro-Mediterranean  Aviation 
Agreement  concluded  between  the  European  Community  and  its  Member  States  and  the 
Kingdom of Morocco ("the Agreement") signed in Brussels on 12 December 2006. 

Article 2 

1. 

The  following  provisions  are  added  to  Annex  II  to  the  Agreement  (Bilateral 
Agreements between Morocco and the Member States): 

"- Aviation Agreement between the People's Republic of Bulgaria and the Kingdom 
of Morocco signed at Rabat on 14 October 1966; 

-  Civil  Aviation  Agreement  between  the  Socialist  Republic  of  Romania  and  the 
Government of the Kingdom of Morocco signed at Bucharest on 6 December 1971, 

as  last  amended  by  the  Memorandum  of  Understanding  concluded  at  Rabat  on  29 
February 1996." 

2. 

The  following  provisions  are  added  to  the  first  paragraph  of  Annex  III  to  the 
Agreement 
technical  permissions:  competent 
authorities):  

(operating  authorisations  and 

"Bulgaria:  

Civil Aviation Authority  

Ministry of Transport 

Romania:  

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Directorate-Generale for Civil Aviation 

Ministry of Transport, Construction and Tourism." 

Article 3 

The texts of the Agreement in Bulgarian and Romanian, which are attached to this Protocol, 
shall be authentic under the same conditions as the other language versions. 

Article 4 

This  Protocol  shall  be  approved  by  the  Parties  in  accordance  with  their  own  procedures.  It 
shall enter into force on the date of entry into force of the Agreement. However, should this 
Protocol  be  approved  by  the  Contracting  Parties  after  the  date  of  entry  into  force  of  the 
Agreement the Protocol would then enter into force, in accordance with Article 27(1) of the 
Agreement,  on  the  date  on  which  the  Parties  notify  each  other  of  the  completion  of  their 
internal approval formalities. 

Article 5 

Done at (…) in duplicate, on this (…) day of (…, …), in the Bulgarian, Czech, Danish, Dutch, 
English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, 
Maltese,  Dutch,  Polish,  Portuguese,  Romanian,  Slovak,  Slovene,  Spanish,  Swedish  and 
Arabic languages, each text being equally authentic. 

FOR THE MEMBER STATES  

FOR THE EUROPEAN COMMUNITY, 

The President 

FOR THE GOVERNMENT OF 

THE KINGDOM OF MOROCCO 

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