Annexes to COM(2006)145-1 - Signature and provisional application of the Euro-Mediterranean Aviation Agreement with Morocco - Main contents
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dossier | COM(2006)145-1 - Signature and provisional application of the Euro-Mediterranean Aviation Agreement with Morocco. |
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document | COM(2006)145 ![]() |
date | March 27, 2006 |
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 Community 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 European Community law;
RECOGNISING that provisions of the bilateral air service agreements between Member States of the European Community 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 1
General provisions
1. For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.
2. References in each of the Agreements listed in Annex I to nationals of the Member State that is a party to that Agreement shall be understood as referring to nationals of the Member States of the European Community.
3. References in each of the Agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that Agreement shall be understood as referring to air carriers or airlines designated by that Member State.
Article 2
Designation by a Member State
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 refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
2. On receipt of a designation by a Member State, the Kingdom of Morocco shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:
(i) | the air carrier is established, under the Treaty establishing the European Community, in the territory of the designating Member State and has a valid Operating Licence in accordance with European Community law; |
(ii) | effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operator's Certificate and the relevant aeronautical authority is clearly identified in the designation; and |
(iii) | the air carrier is owned and shall continue to be owned directly or through majority ownership by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States, and shall at all times be effectively controlled by such States and/or such nationals. |
3. The Kingdom of Morocco may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:
(i) | the air carrier is not established, under the Treaty establishing the European Community, in the territory of the designating Member State or does not have a valid Operating Licence in accordance with European Community 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 authority is not clearly identified in the designation; 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 Annex III and/or nationals of such other States. |
In exercising its right under this paragraph, the Kingdom of Morocco shall not discriminate between Community air carriers on the grounds of nationality.
4. The provisions of paragraphs 5 and 6 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 Kingdom of Morocco, its authorisations and permissions granted by the Member State concerned, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
5. On receipt of a designation by the Kingdom of Morocco, a Member State, shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:
(i) | the air carrier is established in the territory of the Kingdom of Morocco and has a valid Operating Licence or any other equivalent document in accordance with Moroccan law; |
(ii) | effective regulatory control of the air carrier is exercised and maintained by the Kingdom of Morocco, and |
(iii) | the air carrier is owned and shall continue to be owned directly or through majority ownership by the Kingdom of Morocco and/or its nationals or by Member States and/or their nationals, and shall at all times be effectively controlled by the Kingdom of Morocco and/or its nationals or by Member States and/or their nationals, unless the applicable Agreement listed in Annex I contains more favourable provisions in this connection. |
6. The Member State concerned may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by the Kingdom of Morocco where:
(i) | the air carrier is not established in the territory of the Kingdom 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 Kingdom of Morocco; or |
(iii) | the air carrier is not owned and effectively controlled, directly or through majority ownership, by the Kingdom of Morocco and/or its nationals or by Member States and/or their nationals, unless the applicable Agreement listed in Annex I contains more favourable provisions in this connection. |
Article 3
Rights with regard to regulatory control
1. The provisions of paragraph 2 of this Article shall complement the articles listed in Annex II(c).
2. Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member 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 apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
Article 4
Taxation of aviation fuel
1. The provisions of paragraph 2 of this Article shall complement the articles listed in Annex II(d).
2. Notwithstanding any other provision to the contrary, nothing in each of the Agreements listed in Annex II(d) shall prevent a Member State from imposing taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of the Kingdom of Morocco that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.
Article 5
Tariffs
1. The provisions of paragraph 2 of this Article shall complement the articles listed in Annex II(e).
2. The tariffs to be charged by the air carrier(s) designated by the Kingdom of Morocco under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community shall be subject to European Community law.
3. The tariffs to be charged by the air carrier(s) designated by the Member States under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within Morocco shall be subject to Moroccan law.
Article 6
Annexes to the Agreement
The Annexes to this Agreement shall form an integral part thereof.
Article 7
Revision or amendment
The Parties may, at any time, revise or amend this Agreement by mutual consent.
Article 8
Entry into force and provisional application
1. This Agreement shall enter in force when the Parties have notified each other in writing that their respective internal procedures necessary for this purpose have been completed.
2. Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the necessary procedures.
3. Agreements and other arrangements between Member States and the Kingdom of Morocco which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.
Article 9
Termination
1. In the event that an Agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the Agreement concerned shall terminate at the same time.
2. In the event that all Agreements listed in Annex I are terminated, 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, Polish, Portuguese, Slovak, Slovenian, Spanish, Swedish and Arabic languages.
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
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
|
(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
|
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:
|
(b) | Refusal, revocation, suspension or limitation of authorisations or permissions:
|
(c) | Regulatory control:
|
(d) | Taxation of aviation fuel:
|
(e) | Tariffs for carriage within the European Community:
|
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). |