The CJEU ruled in favor of Polisario Front and definitively canceled the agreements on fisheries and agricultural products signed in 2019 between the EU and Morocco considering that they violate the principle of self-determination. The reason is that people Western Saharawhose territory and adjacent waters are covered by the pacts, has not given its agreement.
Another of the failures requires that the labels melons and tomatoes harvested in the Western Sahara mention this territory, and not Morocco, as the country of origin. The sentences represented a hard blow for the government of Pedro Sanchez and other member states such as Germany and France, which in recent years abandoned the defense of a self-determination referendum and supported Morocco’s autonomy plan for the Sahara.
Just a few hours after the publication of the judgments, a cascade of reactions began to occur, both in Brussels and in the capitals, for the defense of Morocco’s position. Support for the government in Rabat (completely ignoring the Polisario Front) which has reached the maximum level: the European Council.
During the summit held this Thursday in Brussels, the heads of state and government of the 27 introduced into the conclusions a specific paragraph on Morocco, in which they take note of the judgments of the CJEU, but demand their power to decide foreign policy.
“The European Council reaffirms the great value that the EU attaches to its strategic partnership with Morocco and reaffirms the need to preserve and continue to strengthen close relations with Morocco in all areas“, specifies the text unanimously approved by European leaders.
What is at stake is not only the intrinsic value of the agreements annulled by the CJEU. The most important for Spain It’s fishing, since 92 of the 138 active licenses In the area, their flag corresponds to that of the Andalusian, Galician and Canarian fleets. This agreement, for which Rabat collected 208 million euros, expired on July 17, 2023 and was not renewed pending the judgment.
Concerning the agreement to liberalize trade in agricultural products, the judges decided maintain its validity for a period of twelve months “taking into account the serious negative consequences for the Union’s external action that its immediate cancellation would entail and for reasons of legal certainty.”
What really worries Spain and the EU is that Morocco breaks off its collaboration in areas considered essential, such as fight against illegal immigrationagainst terrorism and against drug trafficking. There is already a precedent: when the CJEU ruled for the first time in 2016 that the agreements between Brussels and Morocco are not applicable to the Sahara, the government from Rabat decided to officially suspend all relations with the EU in protest.
However, Morocco maintains that “is not considered affected at all” by the judgments of the CJEU, which, according to it, contain “obvious legal errors and suspicious errors of fact”. In a press release, the Moroccan Ministry of Foreign Affairs calls on the EU to adopt “the necessary measures to respect its international commitments, preserve the achievements of the association and ensure the Kingdom the legal security to which it is legitimately entitled as a partner of the EU”. “on several strategic questions”
“In this context, Morocco reiterates its constant position of do not sign any agreement or legal instrument which does not respect its territorial integrity and its national unity”, concludes the press release.
The first to respond to Rabat’s requests were the president of the Commission herself, Ursula von der Leyen, and the head of community diplomacy, Josep Borrell. Both issued a joint statement on the same day as the decisions. “In close cooperation with Morocco, the EU firmly intends to preserve and further strengthen its close relations with this country in all areas of the partnership between Morocco and the EU, in accordance with the principle pacta sunt servanda (pacts must be respected) ,” the statement said.
In the hours that followed, this statement was retweeted or echoed with similar comments by countries like Spain, France, Germany, Portugal, Belgium, Netherlands or Hungarywho holds the rotating presidency of the Council. “The relationship between the EU and Morocco is strategic and France will continue to work with its European partners to strengthen exchanges, particularly economic, and safeguard the achievements of the association,” defends the press release from the Paris government.
Alongside the European Council’s statement on Morocco, the European Parliament’s Fisheries Committee debated the future of the fisheries agreement. There, Spanish MPs have asked the Commission to sign a new pact, but the community executive has still not given the slightest idea of its strategy for overcoming CJEU rulings.
“Just yesterday (Wednesday) Morocco and Russia extend their fishing agreement. Therefore, the space we leave is taken up by others who don’t fish as sustainably as we do and aren’t exactly our friends either. It is time for the Commission to get its act together,” asked the PSOE MEP. Nicolas González Casares.
The popular Francisco Millán Mon He underlined the importance of the relationship with Morocco, “which is a privileged partner of the EU within the framework of the southern neighborhood.” “We ask a clear roadmap“, with deadlines and actions, which make it possible to update and renew the agreement, which is in conformity with the sentence and which provides solutions of stability to international relations and international law”, requests Oihane Agirregoitiathe PNV MEP.
