CJEU judgement: EU-Morocco fishery agreement cannot include Western Sahara

PUSL.- The Court of Justice of the European Union  (CJEU) has confirmed in it’s latest ruling published on 19th of July that Morocco has no sovereignty over Western Sahara and therefore the EU’s fisheries agreement with Morocco cannot be applied to the territory.

“it follows from the foregoing considerations that the Partnership Agreement and the 2013 Protocol must be interpreted in accordance with the rules of international law binding on the Union and applicable in the relations between the Union and the Kingdom of Morocco. In this sense, the territory of Western Sahara, and the waters adjacent to the territory, do not fall within the respective territorial scope of this Agreement and Protocol”.

This judgement referes to the case brought by the Frente Polisario against the EU Council over the application of the EU-Morocco Fisheries Agreement to Western Sahara in 2014 and confirms the two previous rulings of 21st December 2016 referring to the case presented by Polisario Front  and on 27th February 2018 the case of Western Sahara Campaign against the UK Government that was then referred by the UK High Court to the CJEU.

Leer más …CJEU judgement: EU-Morocco fishery agreement cannot include Western Sahara

Western Sahara: AFET Committee in the European Parliament urges EU to implement ECJ decisions


(APS.dz) BRUSSELS – The Foreign Affairs Committee in the European Parliament has adopted an amendment to the draft report on Parliament’s recommendations to the Council on the 73rd session of the UN General Assembly, urging the EU to support the UN process for the regulation of the conflict in Western Sahara and to implement the decisions of its Court of Justice concerning that territory.

The amendment tabled by MEP Barbara Lochbihler on behalf of the Group of the Greens / European Free Alliance calls on the EU Council to “implement the judgments of the European Court of Justice on Western Sahara”.

On 21 December 2016, the European Court of Justice (ECJ) decided that the EU-Morocco association and liberalization agreements are not applicable to Western Sahara, underlining the “separate” and “distinct” status of this territory. , listed since 1963 on the list of Non-Self-Governing Territories of the United Nations.

Leer más …Western Sahara: AFET Committee in the European Parliament urges EU to implement ECJ decisions

EU-Morocco fisheries agreement: European Commission to comply with ECJ ruling

elmoudjahid.com.- The European Commission will respect the judgment of the Court of Justice of the European Union (CJEU) which concluded on 27 February that the EU-Morocco fisheries agreement is not applicable to Western Sahara, said the head of the European diplomacy, Federica Mogherini who stressed that the decisions of this Court are “binding” for the EU institutions and its member states.

The European Commission will respect the judgment of the Court of Justice of the European Union (CJEU) which concluded on 27 February that the EU-Morocco fisheries agreement is not applicable to Western Sahara, said the head of the European diplomacy, Federica Mogherini who stressed that the decisions of this Court are “binding” for the EU institutions and its member states. “The Commission will respect the judgment of the CJEU, whose decisions are binding on all the EU institutions and all the Member States,” she wrote in her response to MEP Miguel Urban Crespo, who urged Commission to suspend negotiations on new trade, agriculture and fisheries agreements with Morocco.

The EU High Representative for Foreign Affairs and Security Policy has stated that the Commission has “taken note” of the ECJ judgment and “closely examines it in order to determine the consequences and possible measures to be taken “. Referring to the other judgment of the CJEU delivered on 21 December 2016, the head of European diplomacy acknowledged that the EU-Morocco Association Agreement “does not currently provide any legal basis for granting tariff preferences to products coming from occupied Western Sahara.

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Polisario Front takes control of fishing waters in Sahara waters

eldia.es Santa Cruz de Tenerife, 6 / Mar / 18

Mohamed Khadad, head of the Polisario Front’s external relations with MINURSO, warned today that if the decision of the European Court of Justice is not respected and a final agreement is reached, fishing vessels in the Canaries will be prohibited from exploiting fishing resources in the waters of Western Sahara.

“Fishing in the waters of Western Sahara is a tradition of the Canaries, we respect and want them to continue, but we can not accept that Morocco is negotiating and benefiting from the exploitation of resources,” Mohamed Khadad said in a press conference today.

Khadad also recalled that the Polisario Front will be open from today on to open negotiations and agreements within the legal framework defined by the Court of Justice of the European Union for the continuation of fishing in Saharawi waters.

For his part, Polisario Front lawyer Gilles Devers recalled that the aim of the movement is the liberation of the Saharawi territory, and stressed the need for governments not to turn this case into an economic issue of “simple” fishing rights.

Leer más …Polisario Front takes control of fishing waters in Sahara waters

Declaration of the Federation of Fishermen’s Associations of the Canary Islands in support of the direct negotiation with the Polisario Front for the use of the  Saharawi fishing bank

Source: Federation of Fishermen’s Guilds of the Canary Islands; Canary Islands, March 2018.

Canarian fishermen have a historical relationship with the Sahara fishing bank which was modified by the abandonment of Western Sahara in 1976 by the Spanish State, which failed to fulfil its obligations to the Saharawi people, not allowing them exercise its right to self-determination.

Since then, we have witnessed a succession of fisheries agreements, between Spain first and the European Union later, with Morocco which meant for the fishermen of the Canaries a progressive expulsion of the fishermen and for the Saharawi people to see how the riches of the their seas are plundered by predatory fishing practices developed by powerful foreign fleets, allowed and encouraged by the Moroccan occupation administration.

This situation was declared contrary to the law in the judgment of the Court of Justice of the European Union of 21 December 2016 – C-104/16 P-. This judicial decision recognized that Morocco and Western Sahara are distinct and separate territories, by virtue of the Charter of the United Nations and the principle of self-determination of peoples, considering that the agreements between the European Union and Morocco do not apply to the Territory of Western Sahara or their waters, so that European companies can not under any circumstances use Moroccan permits to operate in Western Sahara. This judicial body also affirms that the determining factor is not to evaluate whether a specific economic activity can be favourable or not to the Saharawi population, but to ensure that the representative of the Saharawi people, the Polisario Front, has given its consent for its development. Thus, European legislation makes clear that any economic activity on the territory of Western Sahara is subject to the express agreement of the Polisario Front, the only representative of the Saharawi people, in accordance with UN General Assembly resolution 34/37.

Leer más …Declaration of the Federation of Fishermen’s Associations of the Canary Islands in support of the direct negotiation with the Polisario Front for the use of the  Saharawi fishing bank

Transavia – Paris-Dahkla air bridge canceled following publication of the CJEU’s decision

The cancellation of the Transavia Paris-Dahkla connection was announced today, the reasons for the cancellation were not published on the company’s online page but it can be verified that the last flight is on the 22 March 2018.

According to the Moroccan online newspaper Le Desk “Polisario has canceled the Paris-Dakhla line operated by Transavia”, the Spanish news agency EFE has another title “The first airway that linked the Saharawi city of Dakhla with Paris failed” and refers to the explanation of Tourisma Post (a moroccan site) “The flight, which opened in October, thanks to the efforts of the Moroccan National Tourism Office, has not been profitable since it opened in the off-season months (October to March).

Following the judgment of the Court of Justice of the European Union of December 2016, the Polisario Front sued on 25 October 2017 Transavia, a low-cost Dutch airline owned by Air France-KLM, due to the flight inaugurated in October 2017 linking Paris-Orly to Dakhla, a city located in the occupied territories of Western Sahara, a territory under military occupation by Morocco since 1975 and over which it has no legitimacy or sovereignty.

Leer más …Transavia – Paris-Dahkla air bridge canceled following publication of the CJEU’s decision

The decision of the CJEU is received with joy by the Saharawis in the occupied territories

Hmad Hamad, Vice-President of CODAPSO, expressed the feeling of justice and joy felt by the Saharawi population in the occupied territories, knowing that the ECJ once again publishes a decision stating clearly that Morocco can not sell the natural resources of Western Sahara in this case, fish.

Hmad Hamad:

February 27, 2018 is a very special and very great day at the same time, it is the day of the celebration of the proclamation of our nation and there is no better gift for us than the decision of the European Court of Justice that stopped the systematic robbery of Saharawi natural resources and destruction of the marine fauna in the territory of Western Sahara, making it clear that Morocco has no link with our land.

We feel the closeness of the world and a deep sense of strength to finally be able to stop the machine of the Moroccan looting and its henchmen, in fact, we will not stop now, but instead we have to continue fighting with arguments and with justice to paralyze all activities carried out illegally by the Moroccan State in the occupied territory of Western Sahara. In this way, we will open the closed doors for the realization of our nation’s self-determination and independence.

Leer más …The decision of the CJEU is received with joy by the Saharawis in the occupied territories

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