Proposal for a Council Decision on the conclusion of a Protocol amending the Agreement between the European Community and the Kingdom of Morocco on certain aspects of air services in order to take account of the accession to the European Union of the Republic of Bulgaria and Romania
Date: 2007-09-05
Institutions: European Commission
Subjects: Bulgaria, European Community, Morocco, Romania, accession to the European Union, agreement (EU), air transport, protocol to an agreement, service

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 5.9.2007 
COM(2007) 497 final 

2007/0183 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a Protocol amending the Agreement between the European 
Community and the Kingdom of Morocco on certain aspects of air services in order to 
take account of the accession to the European Union of the Republic of Bulgaria and 
Romania 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

110 

• 

Grounds for and objectives of the proposal 

Following the judgments of the Court of Justice in the “Open Skies” cases, on 5 June 
2003  the  Council  granted  the  Commission  a  mandate  to  open  negotiations  with  third 
countries  on  the  replacement  of  certain  provisions  in  existing  Agreements  by  a 
Community  Agreement  (the  “horizontal  mandate”).1  The  objectives  of  such 
Agreements are to give all Community air carriers non-discriminatory access to routes 
between  the  Community  and  third  countries,  and  to  bring  bilateral  Air  Service 
Agreements between Member States and third countries into line with Community law. 

120 

• 

General context 

The European Community and Morocco signed a horizontal Air Service Agreement on 
12  December  2006  which  amends  certain  provisions  of  the  Aviation  Agreements 
between the Member States and Morocco. 

Bulgaria  and  Romania  each  have  an  Aviation  Agreement  with  the  Kingdom  of 
Morocco, signed in 1966 and 1971 respectively. To bring these Agreements into line 
with Community law and to enable these two new Member States to become Parties to 
the  horizontal  Agreement,  it  is  necessary  to  amend  the  Annexes  thereto  in  order  to 
include the corresponding references to the bilateral Agreements concerned.  

Article  7  of  the  horizontal  Agreement  (amendment  procedure)  specifies  that  "the 
Parties  may,  at  any  time,  revise  or  amend  this  Agreement  by  mutual  consent".  It  is 
therefore necessary for a Protocol to be concluded between the European Community 
and Morocco for the purpose of revising the Agreement. 

The  Protocol  provides  for  the  necessary  technical  and  linguistic  adaptations  of  the 
Agreement. 

130 

• 

Existing provisions in the area covered by the proposal 

The provisions of the Agreement supersede or complement the existing provisions in 
the  bilateral  Aviation  Agreements  concluded  between  the  Republic  of  Bulgaria  and 
Romania and Morocco. 

140 

• 

Consistency with other policies and objectives of the Union 

The  Agreement  will  serve  a  fundamental  objective  of  the  Community's  external 
aviation  policy  by  bringing  existing  bilateral  Air  Service  Agreements  into  line  with 
Community law. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

1 

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

EN 

2 

   EN 

 
 
                                                 
• 

Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

Not applicable 

Summary of responses and how they have been taken into account 

211 

212 

Not applicable 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

305 

• 

Summary of the proposed action 

In  accordance  with  the  mechanisms  and  directives  in  the  Annex  to  the  "horizontal 
mandate",  the  Commission  has  signed  with  Morocco  the  Agreement  that  replaces 
certain  provisions  in  the  existing  bilateral  Air  Service  Agreements  between  Member 
States and that third country. The Protocol provides for the necessary replacements to 
be  made  in  the  bilateral  Air  Service  Agreements  concluded  between  the  Kingdom  of 
Morocco  and  the  Republic  of  Bulgaria  and  Romania  following  their  accession  to  the 
European  Union  on  1  January  2007.  The  relevant  provisions  will  be  added  to  the 
Annex.  

310 

• 

Legal basis 

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

329 

• 

Subsidiarity principle 

The  proposal  is  entirely  based  on  the  “horizontal  mandate”  granted  by  the  Council 
taking  into  account  the  issues  covered  by  Community  law  and  bilateral  Air  Service 
Agreements. 

• 

Proportionality principle 

The  Protocol  will  amend  or  complement  the  provisions  of  the  bilateral  Air  Service 
Agreements only to the extent necessary to ensure compliance with Community law. 

• 

Choice of instruments 

342 

The  Protocol  amending  the  Agreement  between  the  Community  and  Morocco  is  the 
most  efficient  instrument  to  bring  the  existing  bilateral  Air  Service  Agreements 
between  the  Republic  of  Bulgaria  and  Romania  with  Morocco  into  line  with 
Community law. 

4)  BUDGETARY IMPLICATIONS 

409 

The proposal has no implications for the Community budget. 

5)  ADDITIONAL INFORMATION 

EN 

3 

   EN 

 
 
 
 
510 

511 

512 

• 

Simplification 

The proposal provides for the simplification of legislation. 

The  provisions  of  a  single  Community  Agreement  will  supersede  or  complement  the 
corresponding  provisions  of  the  bilateral  Air  Service  Agreements  concluded  between 
the Republic of Bulgaria and Romania respectively with the Kingdom of Morocco. 

570 

• 

Detailed explanation of the proposal 

In accordance with the standard procedure for amending international agreements, the 
Council  is  requested  to  approve  the  Protocol  amending  the  Agreement  concluded 
between the European Community and the Kingdom of Morocco on certain aspects of 
air services.  

EN 

4 

   EN 

 
 
 
2007/0183 (CNS) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of a Protocol amending the Agreement between the European 
Community and the Kingdom of Morocco on certain aspects of air services in order 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 
thereof in conjunction with Article 300(2), the first subparagraph of Article 300(3) and Article 
300(4), 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

Bulgaria and Romania signed bilateral Air Service Agreements with the Kingdom of 
Morocco on 14 October 1966 and 6 December 1971 respectively. 

The Agreement between the European Community and the Kingdom of Morocco on 
certain aspects of air services ("the horizontal Agreement") was signed in Brussels on 
12 December 2006. 

The Act of 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  Annexes  I  and  II  to  the  horizontal  Agreement  is  necessary  in 
order to take account of the accession of the two new Member States. 

The negotiations are based on the negotiating mandate granted to the Commission by 
the Council on 5 June 2003. 

(6) 

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

(7) 

The Protocol should therefore be approved, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The Protocol amending Annexes I and II to the Agreement between the European Community 
and the Kingdom of Morocco on certain aspects of air services in order to take account of the 

EN 

5 

   EN 

 
accession of the Republic of Bulgaria and Romania to the European Union is hereby adopted 
on behalf of the European Community. The text of the Protocol is attached to this Decision. 

Article 2 

The  President  of  the  Council  shall  be  authorised  to  give  the  notification  provided  for  in 
Article 3 of the Protocol. 

Done at Brussels,  

For the Council 
The President 

EN 

6 

   EN 

 
 
 
 
 
ANNEX  

DRAFT 

PROTOCOL AMENDING 

ANNEXES I AND II TO THE AGREEMENT 

BETWEEN THE EUROPEAN COMMUNITY 

AND THE KINGDOM OF MOROCCO 

ON CERTAIN ASPECTS OF AIR SERVICES 

THE EUROPEAN COMMUNITY 

of the one part, and 

THE KINGDOM OF MOROCCO, 

of the other part, 

hereinafter referred to as "the Parties", 

Having  regard  to  the  Agreements  between  Bulgaria  and  Romania  and  the  Kingdom  of 

Morocco,  signed  on  14  October  1966  at  Rabat  and  6  December  1971  at  Bucharest 

respectively, 

Having  regard  to  the  Agreement  between  the  European  Community  and  the  Republic  of 

Morocco  on  certain  aspects  of  air  services  signed  at  Brussels  on  12  December  2006  ("the 

horizontal Agreement"); 

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 following provisions are added to Annex 1(a) of the horizontal Agreement:  

"-  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, 

EN 

7 

   EN 

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

The following provisions are added to Annex II(a) of the horizontal Agreement:  

Article 2 

In point (a) (Designation by a Member State): 

"- Article 3 of the Morocco-Romania Agreement; 

In point b (Refusal, revocation, suspension or limitation of authorisations or permissions): 

"- Article 7 of the Morocco-Bulgaria Agreement; 

- Article 3 of the Morocco-Romania Agreement." 

In point c (Regulatory control):  

"- Article 8 of the Morocco – Bulgaria Agreement; 

In point (d) (Taxation of aviation fuel): 

"- Article 3 of the Morocco – Bulgaria Agreement; 

- Article 8 of the Morocco-Romania Agreement." 

In point e (Tariffs for carriage within the European Community):  

"- Article 16 of the Morocco – Bulgaria Agreement; 

Article 7 of the Morocco-Romania Agreement." 

Article 3 

This Protocol shall enter into force on the date on which the Parties notify each other of the 
completion of their respective internal approval procedures.  

Article 4 

Done at [….] in duplicate, on this […] day of […, …], 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 EUROPEAN COMMUNITY  FOR THE KINGDOM OF MOROCCO 

EN 

8 

   EN