The highest court in the European Union ruled today, Thursday, to annul a fishing agreement between the EU and Morocco, which would have allowed European boats to fish off the coast of Western Sahara, a disputed territory. The court's decision was based on a recommendation from the court's legal adviser, Advocate General Tamara Capeta. She advised the court to reject a series of appeals filed by European countries that sought to support the sustainable fisheries partnership agreement with Morocco.
In 2021, the court had ruled that the fishing agreement violated the rights of individuals in the disputed territories, as well as the rights of the Polisario Front, which Europe recognizes as the representative of the Sahrawi people. The 2019 agreement specified how European vessels could fish off the northwest coast of Africa, including waters adjacent to the disputed territories claimed by Morocco.
Advocate General Tamara Capeta stated in a press release that the agreement "does not meet the requirements to treat the territories of Western Sahara (separately and distinctly) from the Kingdom of Morocco." The court usually follows recommendations from appointed legal experts like Capeta, and Thursday's recommendation represents a setback for Morocco and the European authorities that contested the ruling.
The issue of Western Sahara is a significant sticking point between Morocco and the European Union, which is Morocco's largest trading partner and foreign investor. The agreements between the two sides have allowed Morocco to export millions of tons of fish, as well as watermelons and tomatoes, despite long-standing questions about the possibility of exporting products from the disputed region. Thursday's recommendations come at a time when an increasing number of countries, including 15 EU member states, are shifting positions to support Morocco's plan that offers the resource-rich region's inhabitants broad autonomy rather than a potential independence referendum.