In a statement issued today by the European Court of Justice on the Judgment in Case C-266/16, it is stated that the European Court of Justice reaffirms that Western Sahara and adjacent waters are not part of the Moroccan Territory meaning that the EU-Morocco Fisheries Agreement is only applicable to the legitimate territory of Morocco and NOT THE TERRITORY OF WESTERN SAHARA AND ITS ADJACENT WATERS.
The EU / Morocco Fisheries Agreement is valid since it refers only to the Moroccan territory, any act of fishing that is outside this territory and is located in Western Sahara and its waters is therefore ILLEGAL.
In the statement can be read:
“In that regard, the Court notes, first of all, that the Fisheries Agreement is applicable to the “territory of Morocco”, an expression equivalent to the concept of “territory of the Kingdom of Morocco” in the Association Agreement. As the Court has previously held in its judgment of 21 December 2016, that concept itself refers to the geographical area over which the Kingdom of Morocco exercises its sovereign powers under international law, to the exclusion of any other territory, such as that of Western Sahara. In those circumstances, 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.”