12.2.2009 Official Journal of the European Union L 41/3 II (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COUNCIL COUNCIL DECISION of 7 April 2008 on the signing and provisional application of the Agreement between the European Community and the Government of Nepal on certain aspects of air services (2009/117EC) THE COUNCIL OF THE EUROPEAN UNION, HAS DECIDED AS FOLLOWS: Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 1 Article 300(2) thereof, The signing of the Agreement between the European Community and the Government of Nepal on certain aspects of air services is hereby approved on behalf of the Community, subject to the conclusion of the said Agreement. Having regard to the proposal from the Commission, Whereas: The text of the Agreement is attached to this Decision. The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replace- ) ment of certain provisions in existing bilateral Article 2 Agreements with a Community Agreement. 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. On behalf of the Community, the Commission has nego- tiated an Agreement with Nepal 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 Article 3 third countries on the replacement of certain provisions in existing bilateral Agreements with a Community Agreement. 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 date from which the Agreement will be provisionally applied The Agreement should be signed and provisionally will be published in the Official Journal of the European Union by the applied, subject to its conclusion at a later date, General Secretariat of the Council.