The European Court of Justice has definitively annulled two European trade agreements with Morocco, stating they were made “in violation of the principles of self-determination”
Western Sahara
It is noteworthy that A legal adviser to the European Union’s top court recommended that it annul an agreement with Morocco which would have allowed European boats to fish off the disputed Western Sahara ‘s coast.
Where the court invalidated the 2019 agricultural and fisheries agreements with Morocco because it was not demonstrated that the people of Western Sahara had consented to the deal
Consent was a condition
Consent was a condition for the validity of these accords. This consent could be “presumed” if the agreements had provided “precise, tangible and substantial” benefits to the population, which the court found was not the case.
An earlier decision
With this ruling, the court upholds an earlier decision by the General Court of the European Union, which nullified the agreements in 2021. The fisheries agreement has since expired.
The agricultural trade agreement will remain in effect for another twelve months to ensure legal certainty and to avert the “serious negative consequences” of immediate cancellation on the EU’s external relations.
IFFS funding 22,000$ goes global – 65,000 fishers supported
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Victory for Polisario!!!!
The ruling is a victory for Polisario ( !!!! ) the movement that has advocated for the independence of Western Sahara for decades.
After Spain withdrew in 1975, Morocco largely annexed the territory, but sovereignty over the area remains disputed. Morocco controls approximately 80% of the region, while Polisario controls about 20%.
Even melons and tomatoes !!
In another ruling on Friday, the court also decided that melons and tomatoes grown in Western Sahara must be labelled as originating from this territory, rather than from Morocco.
The court generally follows recommendations from appointed legal experts like Capeta and Thursday’s recommendations strike a blow against Morocco and the European authorities who appealed the ruling.
Not any in effect
The court will likely consider her recommendations and return with a ruling in the months ahead. Since the four-year accord expired in July, the court’s looming decision can shape future agreements, not any in effect.
2019 Morocco-EU agreement
The 2019 Morocco-EU agreement was the latest of a series of accords dating back to 1988 and provided Morocco 208 million euros ($226 million) over four years in exchange for 128 fishing permits, mostly for Spanish boats.
The waters off of the disputed Western Sahara’s 690-mile (1,110-kilometer) coastline are rich in fish such as sardines and sardinella. Morocco also has fishing agreements with Japan and Russia.
Moroccan exports
The court case is among the ways in which the Polisario Front has pressed its sovereignty claims and put pressure on Morocco’s economic and foreign policy agenda. Its legal challenge was among half a dozen it filed in European Court regarding Moroccan exports and trade.
Source :Brussels time + agencies
