Explanatory Memorandum to COM(2005)393-1 - Signature and provisional application of the Agreement with Morocco on certain aspects of air services - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2005)393-1 - Signature and provisional application of the Agreement with Morocco on certain aspects of air services. |
|---|---|
| source | COM(2005)393  |
| date | 26-08-2005 |
Following the judgments of the Court of Justice of the European Communities in cases C-466/98, C-467/98, C-468/98, C-471/98, C-472/98, C-475/98 and C-476/98, the Community has exclusive competence with respect to various aspects of external aviation policy. The Court of Justice has also clarified the right of Community air carriers to benefit from the right of establishment within the Community, including the right to non-discriminatory market access.
Traditional designation clauses in Member States’ bilateral air services agreements infringe Community law. They allow a third country to reject, withdraw or suspend the permissions or authorisations of an air carrier that has been designated by a Member State but that is not substantially owned and effectively controlled by that Member State or its nationals. This has been found to constitute discrimination against Community carriers established in the territory of a Member State but owned and controlled by nationals of other Member States. This is contrary to Article 43 of the Treaty which guarantees nationals of Member States who have exercised their freedom of establishment the same treatment in the host Member State as that accorded to nationals of that Member State.
Following the Court of Justice judgments, in June 2003 the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.[1]
In accordance with the mechanisms and directives in the Annex to the Council’s Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community Agreement, the Commission has negotiated an Agreement with the Kingdom of Morocco that replaces certain provisions in the existing bilateral air services agreements between Member States and the Kingdom of Morocco. Article 2 of the Agreement replaces the traditional designation clauses with a Community designation clause, permitting all Community carriers to benefit from the right of establishment. Articles 4 and 5 of the Agreement address two types of clauses concerning matters of Community competence. Article 4 deals with the taxation of aviation fuel, a matter which has been harmonised by Council Directive 2003/96/EC restructuring the Community framework for the taxation of energy products and electricity, and in particular Article 14 i thereof. Article 5 (Tariffs) resolves conflicts between the existing bilateral air services agreements and Council Regulation No 2409/92 on fares and rates for air services which prohibits third country carriers from being price leaders on air services for carriage wholly within the Community.
The Council is asked to approve the Decisions on the signature and provisional application and on the conclusion of the Agreement between the European Community and the Kingdom of Morocco on certain aspects of air services and to designate the persons authorised to sign the Agreement on behalf of the Community.
Proposal for a
COUNCIL DECISION
on the signature and provisional application of the Agreement between the European Community and the Kingdom of Morocco on certain aspects of air services
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 80 i, in conjunction with the first sentence of the first subparagraph of Article 300 i,
Having regard to the proposal from the Commission i,
Whereas:
On 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community Agreement.
The Commission has negotiated, on behalf of the Community, an Agreement with the Kingdom of Morocco on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community Agreement.
Subject to its possible conclusion at a later date, the Agreement negotiated by the Commission should be signed and provisionally applied.
HAS DECIDED AS FOLLOWS:
Sole Article
1. Subject to its conclusion at a later date, the President of the Council is hereby authorised to designate the person or persons empowered to sign on behalf of the Community the Agreement between the European Community and the Kingdom of Morocco on certain aspects of air services.
2. Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the Parties have notified each other of the completion of the necessary procedures for this purpose. The President of the Council is hereby authorised to make the notification provided for in Article 8 i of the Agreement.
3. The text of the Agreement is annexed to this Decision.
Done at Brussels, […]
For the Council
The President