EU Court stops EU-Morocco fish deal in Western Sahara
The Court ruled that the
EU-Morocco Fisheries Agreement cannot be applied to Western Sahara or its
adjacent waters, as that would violate the people of Western Sahara's right to
self-determination, and, accordingly, their right to consent to any such agreement
that would affect the territory.
The Court's press release states that "currently, the greater part of
Western Sahara is occupied by Morocco, which considers it to be an integral
part of its territory." The Court does not share that Moroccan claim.
"Taking account of the fact that the territory of Western Sahara does not
form part of the territory of Morocco, the waters adjacent to the territory of
WS are not part of the Moroccan fishing zone", says the Court's press
release.
"If the territory of Western Sahara were to be included within the scope
of the Fisheries Agreement, that would be
contrary to certain rules of general international law that are applicable in
relations between the EU and Kingdom of Morocco, inter alia the principle of
self-determination", the press release continues. "The Court
concludes that the "Moroccan fishing zone" under the Protocol
does not include the waters adjacent to the territory of Western
Sahara", the Court's press release reads. "The Court therefore holds
that, since neither the Fisheries Agreement nor the Protocol thereto are
applicable to the waters adjacent to the territory of Western Sahara, the EU
acts relating to their conclusion and implementation are valid."
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