CELEX: 22006A1229(02)
Language: en
Date: 2006-12-12 00:00:00
Title: Agreement Between the European Community and the Kingdom of Morocco on certain aspects of air services

L 386/18                EN                                 Official Journal of the European Union                                           29.12.2006
                                                                        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’),
               NOTING that bilateral air service agreements have been concluded between several Member States of the European Com-
               munity and the Kingdom of Morocco containing provisions contrary to European Community law;
               NOTING that the European Community has exclusive competence with respect to several aspects that may be included in
               bilateral air service agreements between Member States of the European Community and third countries;
               NOTING that, under European Community law, Community air carriers established in a Member State have the right to
               non-discriminatory access to the market in routes between Member States and third countries;
               HAVING REGARD to the agreements between the European Community and certain third countries providing for the
               possibility for the nationals of such third countries to acquire ownership of air carriers licensed in accordance with Euro-
               pean Community law;
               RECOGNISING that provisions of the bilateral air service agreements between Member States of the European Commu-
               nity and the Kingdom of Morocco which are contrary to European Community law must be brought into full conformity
               with it in order to establish a sound legal basis for air services between the European Community and the Kingdom of
               Morocco and to preserve the continuity of such air services;
               NOTING that it is not a purpose of the European Community, as part of these negotiations, to increase the total volume
               of air traffic between the European Community and the Kingdom of Morocco, to affect the balance between Community
               air carriers and air carriers of the Kingdom of Morocco, or to negotiate bilateral amendments to the provisions of bilateral
               air service agreements concerning traffic rights,
HAVE AGREED AS FOLLOWS:                                                                                            Article 2
                                                                                                   Designation by a Member State
                                  Article 1
                          General provisions                                       1. The provisions of paragraphs 2 and 3 of this Article shall
                                                                                   supersede the corresponding provisions of the Articles listed in
                                                                                   Annex II(a) and (b) respectively, in relation to the designation of
                                                                                   an air carrier by the Member State concerned, its authorisations
                                                                                   and permissions granted by the Kingdom of Morocco, and the
1.    For the purposes of this Agreement, ‘Member States’ shall
                                                                                   refusal, revocation, suspension or limitation of the authorisations
mean Member States of the European Community.
                                                                                   or permissions of the air carrier, respectively.
2.    References in each of the Agreements listed in Annex I to
nationals of the Member State that is a party to that Agreement                    2. On receipt of a designation by a Member State, the King-
shall be understood as referring to nationals of the Member States                 dom of Morocco shall grant the appropriate authorisations and
of the European Community.                                                         permissions with minimum procedural delay, provided that:
3.    References in each of the Agreements listed in Annex I to                    (i)  the air carrier is established, under the Treaty establishing
air carriers or airlines of the Member State that is a party to that                    the European Community, in the territory of the designat-
Agreement shall be understood as referring to air carriers or air-                      ing Member State and has a valid Operating Licence in accor-
lines designated by that Member State.                                                  dance with European Community law;
 ---pagebreak--- 29.12.2006               EN                           Official Journal of the European Union                                                L 386/19
(ii) effective regulatory control of the air carrier is exercised and         (ii) effective regulatory control of the air carrier is exercised and
      maintained by the Member State responsible for issuing its                    maintained by the Kingdom of Morocco,
      Air Operator’s Certificate and the relevant aeronautical
      authority is clearly identified in the designation;
                                                                                    and
      and
                                                                              (iii) the air carrier is owned and shall continue to be owned
(iii) the air carrier is owned and shall continue to be owned                       directly or through majority ownership by the Kingdom of
      directly or through majority ownership by Member States                       Morocco and/or its nationals or by Member States and/or
      and/or nationals of Member States, and/or by other States                     their nationals, and shall at all times be effectively controlled
      listed in Annex III and/or nationals of such other States, and                by the Kingdom of Morocco and/or its nationals or by Mem-
      shall at all times be effectively controlled by such States                   ber States and/or their nationals, unless the applicable Agree-
      and/or such nationals.                                                        ment listed in Annex I contains more favourable provisions
                                                                                    in this connection.
3.      The Kingdom of Morocco may refuse, revoke, suspend or
limit the authorisations or permissions of an air carrier desig-
nated by a Member State where:                                                6. The Member State concerned may refuse, revoke, suspend
                                                                              or limit the authorisations or permissions of an air carrier desig-
                                                                              nated by the Kingdom of Morocco where:
(i)   the air carrier is not established, under the Treaty establish-
      ing the European Community, in the territory of the desig-
      nating Member State or does not have a valid Operating
      Licence in accordance with European Community law;                      (i)   the air carrier is not established in the territory of the King-
                                                                                    dom of Morocco or does not have a valid Operating Licence
                                                                                    in accordance with Moroccan law;
(ii) effective regulatory control of the air carrier is not exercised
      and maintained by the Member State responsible for issuing
      its Air Operator’s Certificate, or the relevant aeronautical
                                                                              (ii) effective regulatory control of the air carrier is not exercised
      authority is not clearly identified in the designation;
                                                                                    and maintained by the Kingdom of Morocco;
      or
                                                                                    or
(iii) the air carrier is not owned and effectively controlled directly
      or through majority ownership by Member States and/or
      nationals of Member States, and/or by other States listed in            (iii) the air carrier is not owned and effectively controlled, directly
      Annex III and/or nationals of such other States.                              or through majority ownership, by the Kingdom of Morocco
                                                                                    and/or its nationals or by Member States and/or their nation-
                                                                                    als, unless the applicable Agreement listed in Annex I con-
In exercising its right under this paragraph, the Kingdom of                        tains more favourable provisions in this connection.
Morocco shall not discriminate between Community air carriers
on the grounds of nationality.
                                                                                                              Article 3
4.      The provisions of paragraphs 5 and 6 of this Article shall
supersede the corresponding provisions of the Articles listed in                          Rights with regard to regulatory control
Annex II(a) and (b) respectively, in relation to the designation of
an air carrier by the Kingdom of Morocco, its authorisations and
permissions granted by the Member State concerned, and the
                                                                              1. The provisions of paragraph 2 of this Article shall comple-
refusal, revocation, suspension or limitation of the authorisations
                                                                              ment the articles listed in Annex II(c).
or permissions of the air carrier, respectively.
5.      On receipt of a designation by the Kingdom of Morocco, a              2. Where a Member State has designated an air carrier whose
Member State, shall grant the appropriate authorisations and per-             regulatory control is exercised and maintained by another Mem-
missions with minimum procedural delay, provided that:                        ber State, the rights of the Kingdom of Morocco under the safety
                                                                              provisions of the Agreement between the Member State that has
                                                                              designated the air carrier and the Kingdom of Morocco shall
(i)   the air carrier is established in the territory of the Kingdom          apply equally in respect of the adoption, exercise or maintenance
      of Morocco and has a valid Operating Licence or any other               of safety standards by that other Member State and in respect of
      equivalent document in accordance with Moroccan law;                    the operating authorisation of that air carrier.
 ---pagebreak--- L 386/20               EN                          Official Journal of the European Union                                        29.12.2006
                              Article 4                                                                  Article 7
                    Taxation of aviation fuel                                                  Revision or amendment
1.    The provisions of paragraph 2 of this Article shall comple-          The Parties may, at any time, revise or amend this Agreement by
ment the articles listed in Annex II(d).                                   mutual consent.
2. Notwithstanding any other provision to the contrary, noth-
ing in each of the Agreements listed in Annex II(d) shall prevent                                        Article 8
a Member State from imposing taxes, levies, duties, fees or
charges on fuel supplied in its territory for use in an aircraft of a               Entry into force and provisional application
designated air carrier of the Kingdom of Morocco that operates
between a point in the territory of that Member State and another          1. This Agreement shall enter in force when the Parties have
point in the territory of that Member State or in the territory of         notified each other in writing that their respective internal pro-
another Member State.                                                      cedures necessary for this purpose have been completed.
                              Article 5                                    2. Notwithstanding paragraph 1, the Parties agree to provi-
                                                                           sionally apply this Agreement from the first day of the month
                               Tariffs
                                                                           following the date on which the Parties have notified each other
                                                                           of the completion of the necessary procedures.
1.    The provisions of paragraph 2 of this Article shall comple-
ment the articles listed in Annex II(e).
                                                                           3.    Agreements and other arrangements between Member
2.    The tariffs to be charged by the air carrier(s) designated by        States and the Kingdom of Morocco which, at the date of signa-
the Kingdom of Morocco under an agreement listed in Annex I                ture of this Agreement, have not yet entered into force and are
containing a provision listed in Annex II(e) for carriage wholly           not being applied provisionally are listed in Annex I(b). This
within the European Community shall be subject to European                 Agreement shall apply to all such Agreements and arrangements
Community law.                                                             upon their entry into force or provisional application.
3.    The tariffs to be charged by the air carrier(s) designated by
the Member States under an agreement listed in Annex I contain-                                          Article 9
ing a provision listed in Annex II(e) for carriage wholly within
                                                                                                      Termination
Morocco shall be subject to Moroccan law.
                                                                           1. In the event that an Agreement listed in Annex I is termi-
                              Article 6                                    nated, all provisions of this Agreement that relate to the Agree-
                   Annexes to the Agreement                                ment concerned shall terminate at the same time.
The Annexes to this Agreement shall form an integral part                  2. In the event that all Agreements listed in Annex I are ter-
thereof.                                                                   minated, this Agreement shall terminate at the same time.
                      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
                      Done at Brussels, in duplicate, on twenty third of March in the Czech, Danish, Dutch, English,
                      Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Pol-
                      ish, Portuguese, Slovak, Slovenian, Spanish, Swedish and Arabic languages.
 ---pagebreak--- 29.12.2006         EN                       Official Journal of the European Union L 386/21
           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
           För 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
 ---pagebreak--- L 386/22        EN                               Official Journal of the European Union                                           29.12.2006
                                                                 ANNEX I
                                      List of Agreements referred to in Article 1 of this Agreement
         (a) Bilateral air services agreements between the Kingdom of Morocco and Member States of the European Community
             which, at the date of signature of this Agreement, have been concluded, have been signed and/or are being applied
             provisionally
             —     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 (hereinafter referred to as the ‘Morocco –
                   Belgium Agreement’).
                   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 Government of the Czechoslovak Socialist Republic and the Government
                   of His Majesty the King of Morocco, done at Rabat on 8 May 1961, in respect of which the Czech Republic has
                   deposited a declaration of succession (hereinafter referred to as the ‘Morocco – Czech Republic Agreement’);
             —     Air Services Agreement between the Government of the Kingdom of Denmark and the Government of the King-
                   dom of Morocco, done at Rabat on 14 November 1977 (hereinafter referred to as the ‘Morocco – Denmark
                   Agreement’).
                   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 (hereinafter referred to as the ‘Morocco – Germany Agreement’).
                   Amended by the Memorandum of Understanding done at Bonn on 12 December 1991.
                   Amended by the Exchange of Notes dated 9 April 1997 and 16 February 1998.
                   Last amended by the Memorandum of Understanding done at Rabat on 15 July 1998;
             —     Air Transport Agreement between the Government of the Hellenic Republic and the Government of the King-
                   dom of Morocco, done at Athens on 6 October 1998 (hereinafter referred to as the ‘Morocco – Greece
                   Agreement’).
                   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 (hereinafter referred to as the ‘Morocco – Spain Agreement’).
                   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 (hereinafter referred to as the ‘Morocco – France
                   Agreement’);
             —     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 (hereinafter referred to as the ‘Morocco – Italy Agreement’).
                   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 King-
                   dom of Morocco, done at Warsaw on 19 May 1999 (hereinafter referred to as the ‘Morocco – Latvia Agreement’);
             —     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 (hereinafter referred to as the ‘Morocco – Lux-
                   embourg Agreement’);
             —     Air Transport Agreement between the Hungarian People’s Republic and the Kingdom of Morocco, done at Rabat
                   on 21 March 1967 (hereinafter referred to as the ‘Morocco – Hungary Agreement’);
 ---pagebreak--- 29.12.2006        EN                             Official Journal of the European Union                                            L 386/23
               —    Air Transport Agreement between the Government of the Republic of Malta and the Government of His Maj-
                    esty the King of Morocco, done at Rabat on 26 May 1983 (hereinafter referred to as the ‘Morocco – Malta
                    Agreement’);
               —    Air Transport Agreement between the Government of Her Majesty the Queen of the Netherlands and the Gov-
                    ernment of His Majesty the King of Morocco, done at Rabat on 20 May 1959 (hereinafter referred to as the
                    ‘Morocco – Netherlands Agreement’);
               —    Air Transport Agreement between the Federal Government of Austria and the Government of the Kingdom of
                    Morocco, done at Rabat on 27 February 2002 (hereinafter referred to as the ‘Morocco – Austria Agreement’);
               —    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 (hereinafter referred to as the ‘Morocco – Poland
                    Agreement’);
               —    Air Transport Agreement between Portugal and the Government of the Kingdom of Morocco, done at Rabat on
                    3 April 1958 (hereinafter referred to as the ‘Morocco – Portugal Agreement’).
                    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 King-
                    dom of Morocco, done at Rabat on 14 November 1977 (hereinafter referred to as the ‘Morocco – Sweden
                    Agreement’).
                    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 (hereinafter referred to
                    as the ‘Morocco – UK Agreement’).
                    Amended by the Exchange of Notes dated 10 and 14 October 1968.
                    Amended by the Minutes done at London on 14 March 1997.
                    Amended by the Minutes done at Rabat on 17 October 1997.
           (b) 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 (hereinafter referred to as the ‘Morocco – Netherlands Initialled Agreement’).
 ---pagebreak--- L 386/24        EN                             Official Journal of the European Union                                  29.12.2006
                                                                ANNEX II
             List of articles in the Agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement
         (a) Designation by a Member State:
             —     Article 18 of the Morocco – Belgium Agreement;
             —     Article 13 of the Morocco – Czech Republic Agreement;
             —     Article 3 of the Morocco – Denmark Agreement;
             —     Article 3 of the Morocco – Germany Agreement;
             —     Article 3 of the Morocco – Greece Agreement;
             —     Article 3 of the Morocco – Spain Agreement;
             —     Article 12 of the Morocco – France Agreement;
             —     Article 14 of the Morocco – Italy Agreement;
             —     Article 3 of the Morocco – Latvia Agreement;
             —     Article 14 of the Morocco – Luxembourg Agreement;
             —     Article 3 of the Morocco – Hungary Agreement;
             —     Article 16 of the Morocco – Malta Agreement;
             —     Article 17 of the Morocco – Netherlands Agreement;
             —     Article 3 of the Morocco – Netherlands initialled Agreement;
             —     Article 3 of the Morocco – Austria Agreement;
             —     Article 7 of the Morocco – Poland Agreement;
             —     Article 13 of the Morocco – Portugal Agreement;
             —     Article 3 of the Morocco – Sweden Agreement;
             —     Article 3 of the Morocco – UK Agreement.
         (b) Refusal, revocation, suspension or limitation of authorisations or permissions:
             —     Article 5 of the Morocco – Belgium Agreement;
             —     Article 7 of the Morocco – Czech Republic Agreement;
             —     Article 4 of the Morocco – Denmark Agreement;
             —     Article 4 of the Morocco – Germany Agreement;
             —     Article 4 of the Morocco – Greece Agreement;
             —     Article 4 of the Morocco – Spain Agreement;
             —     Article 6 of the Morocco – France Agreement;
             —     Article 7 of the Morocco – Italy Agreement;
             —     Article 4 of the Morocco – Latvia Agreement;
             —     Article 7 of the Morocco – Luxembourg Agreement;
             —     Article 8 of the Morocco – Hungary Agreement;
             —     Article 9 of the Morocco – Malta Agreement;
 ---pagebreak--- 29.12.2006       EN                            Official Journal of the European Union L 386/25
               —   Article 4 of the Morocco – Netherlands Agreement;
               —   Article 4 of the Morocco – Netherlands initialled Agreement;
               —   Article 4 of the Morocco – Austria Agreement;
               —   Article 8 of the Morocco – Poland Agreement;
               —   Article 6 of the Morocco – Portugal Agreement;
               —   Article 4 of the Morocco – Sweden Agreement;
               —   Article 4 of the Morocco – UK Agreement.
           (c) Regulatory control:
               —   Article 9a of the Morocco – Germany Agreement;
               —   Article 7 of the Morocco – Greece Agreement;
               —   Article 5a of the Morocco – Italy Agreement;
               —   Article 5 of the Morocco – Luxembourg Agreement;
               —   Article 6 of the Morocco – Hungary Agreement;
               —   Article 17 of the Morocco – Netherlands initialled Agreement.
           (d) Taxation of aviation fuel:
               —   Article 7 of the Morocco – Belgium Agreement;
               —   Article 3 of the Morocco – Czech Republic Agreement;
               —   Article 6 of the Morocco – Denmark Agreement;
               —   Article 6 of the Morocco – Germany Agreement;
               —   Article 10 of the Morocco – Greece Agreement;
               —   Article 5 of the Morocco – Spain Agreement;
               —   Article 3 of the Morocco – France Agreement;
               —   Article 3 of the Morocco – Italy Agreement;
               —   Article 14 of the Morocco – Latvia Agreement;
               —   Article 3 of the Morocco – Luxembourg Agreement;
               —   Article 4 of the Morocco – Hungary Agreement;
               —   Article 3 of the Morocco – Malta Agreement;
               —   Article 6 of the Morocco – Netherlands Agreement;
               —   Article 10 of the Morocco – Netherlands initialled Agreement;
               —   Article 9 of the Morocco – Austria Agreement;
               —   Article 3 of the Morocco – Poland Agreement;
               —   Article 3 of the Morocco – Portugal Agreement;
               —   Article 6 of the Morocco – Sweden Agreement;
               —   Article 5 of the Morocco – UK Agreement.
 ---pagebreak--- L 386/26        EN                              Official Journal of the European Union 29.12.2006
         (e) Tariffs for carriage within the European Community:
             —     Article 19 of the Morocco – Belgium Agreement;
             —     Article 19 of the Morocco – Czech Republic Agreement;
             —     Article 9 of the Morocco – Denmark Agreement;
             —     Article 9 of the Morocco – Germany Agreement;
             —     Article 13 of the Morocco – Greece Agreement;
             —     Article 11 of the Morocco – Spain Agreement;
             —     Article 17 of the Morocco – France Agreement;
             —     Article 20 of the Morocco – Italy Agreement;
             —     Article 10 of the Morocco – Latvia Agreement;
             —     Article 20 of the Morocco – Luxembourg Agreement;
             —     Article 17 of the Morocco – Hungary Agreement;
             —     Article 19 of the Morocco – Malta Agreement;
             —     Article 18 of the Morocco – Netherlands Agreement;
             —     Article 6 of the Morocco – Netherlands initialled Agreement;
             —     Article 13 of the Morocco – Austria Agreement;
             —     Article 19 of the Morocco – Poland Agreement;
             —     Article 18 of the Morocco – Portugal Agreement;
             —     Article 9 of the Morocco – Sweden Agreement;
             —     Article 9 of the Morocco – UK Agreement.
 ---pagebreak--- 29.12.2006       EN                               Official Journal of the European Union                               L 386/27
                                                                 ANNEX III
                                      List of other States referred to in Article 2 of this Agreement
           (a) The Republic of Iceland (under the Agreement on the European Economic Area);
           (b) The Principality of Liechtenstein (under the Agreement on the European Economic Area);
           (c) The Kingdom of Norway (under the Agreement on the European Economic Area);
           (d) The Swiss Confederation (under the Air Transport Agreement between the European Community and the Swiss
               Confederation).