Decision 2006/953 - 2006/953/EC: Council Decision of 27 March 2006 on the signing and provisional application of the Agreement with Morocco on certain aspects of air services - Main contents
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official title
2006/953/EC: Council Decision of 27 March 2006 on the signing and provisional application of the Agreement between the European Community and the Kingdom of Morocco on certain aspects of air services| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2006/953 |
| Original proposal | COM(2006)145  |
| CELEX number i | 32006D0953 |
| Document | 27-03-2006 |
|---|---|
| Publication in Official Journal | 29-12-2006; Special edition in Romanian: Chapter 11 Volume 052,OJ L 200M , 1.8.2007,Special edition in Bulgarian: Chapter 11 Volume 052,OJ L 386, 29.12.2006 |
| Effect | 27-03-2006; Entry into force Date of document |
| End of validity | 31-12-9999 |
29.12.2006 |
EN |
Official Journal of the European Union |
L 386/17 |
COUNCIL DECISION
of 27 March 2006
on the signing and provisional application of the Agreement between the European Community and the Kingdom of Morocco on certain aspects of air services
(2006/953/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with Article 300(2), first sentence of the first subparagraph thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) |
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. |
(2) |
The Commission has negotiated, on behalf of the Community, an Agreement with the Kingdom of Morocco on certain aspects of air services, hereinafter referred to as ‘the Agreement’ 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. |
(3) |
The Agreement should be signed and provisionally applied, subject to its possible conclusion at a later date, |
HAS DECIDED AS FOLLOWS:
Article 1
The signing of the Agreement between the European Community and the Kingdom of Morocco on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
The text of the Agreement is attached to this Decision.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.
Article 3
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.
Article 4
The President of the Council is hereby authorised to make the notification provided in Article 8(2) of the Agreement.
Done at Brussels, 27 March 2006.
For the Council
The President
-
M.GORBACH
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 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...
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