EU-Morocco Fisheries Agreement Faces Scrutiny Over Western Sahara Waters

Following this decision of the Court of Justice of the EU, "it was agreed by the exchange of letters (of October 2018) on the modification of protocols 1 and 4 of the EU-Morocco Association Agreement, to grant trade preferences to products originating in Western Sahara and exported to the EU, which necessarily implies that imports of products from Western Sahara to the European Union are not subject to an import ban," Virginijus Sinkevičius stressed.

Also questioned about the actions taken to prohibit the kingdom from fishing in Western Sahara, the Commissioner for the Environment replied in these terms: "the EU supports the UN process and the efforts of the Secretary-General to reach a just, lasting and mutually acceptable solution for this territory." He also added that the European Commission considers the province as "a non-self-governing territory."

"Under Article 73 of the United Nations Charter, the administering States of such non-self-governing territories have an obligation to act in the interests of and in consultation with the inhabitants of that territory. Since the activities of EU vessels in the relevant fishing area are governed by the Sustainable Fisheries Partnership Agreement, which is the subject of ongoing legal proceedings, the Commission refrains from providing further comments on this issue," Sinkevičius specified.

The Polisario had filed, on April 27, 2019, an action for annulment against the conclusion of the agreement in the form of an exchange of letters between the EU and Morocco on the amendment of protocols No. 1 and No. 4 of the association agreement between the two parties. This appeal will be examined by the CJEU on March 2.