On Friday, the Spanish government rejected the proposal by EU Advocate General Tamara Capeta of cancelling the fisheries agreement between Morocco and the European Union.
Capeta, which acts as a legal adviser to the EU’s highest court, “the European Court of Justice,” had justified her recommendation by the fact that the treaty covers the still-disputed Saharan territory. She also backed an earlier cancellation decision made by the European General Court and advised that appeals by the European Council and the European Commission be rejected.
The Spanish government has reiterated its conviction that the EU-Morocco fisheries agreement is “perfectly legal” and complies with “societal and international law”, in the words of its Minister of Agriculture, Fisheries and Food, Luis Planas. “If the European Court of Justice approves the Advocate General’s recommendation, Spain will lose an important fishing zone,” he said.
The Morocco-EU Fisheries Agreement was concluded in 20219, allowing European boats, mainly Spanish, to fish in Moroccan waters in exchange of Money. The polisario front, a separatist movement aspiring for “self-determination” over the Moroccan territories, had subsequently contested the treaty before the EU General Court, claiming that it deprived the Sahrawi populations of important sea resources.
The General Court had annulled the treaty; however the European Council and the European Commission chose to appeal and took the case to the European Court of Justice.
Capeta’s conclusions are non-binding but are legal proposals made to the court before deliberations. The European Court of Justice will pronounce for or against the case in the months to come.