Spanish Minister of Agriculture and Fisheries Luis Planas appeared before the Senate Fisheries Commission on Friday to discuss the future of the EU-Morocco fishing agreement.
He said that while the agreement is currently suspended, its ultimate fate rests with a final ruling from European judges.
This uncertainty stems from recent recommendations by the EU Attorney General suggesting the agreement’s termination, while the final call rests with the European Court.
The Advocate General, Tamara Ćapeta, whose opinions are influential in final rulings of the Court, supported an initial ruling that annulled a €208 million fisheries agreement with Morocco that allowed European vessels to fish in the southern provinces waters because it doesn’t consider Sahara territory and its waters as “separate and distinct” from the North African kingdom.
This, according to the AG, could negatively impact the Sahrawi people’s right to benefit from their natural resources, including fish in nearby waters.
But, she said the court can’t fully address the scope of the Sahrawis’ rights to benefit from the region’s resources because the previous case didn’t explore it comprehensively, creating a situation where the EU can’t definitively rule on the specific rights and duties related to Sahrawi resource enjoyment.
The agreement holds significant economic and political weight for Spain, allowing 93 vessels from regions like Andalusia, Galicia, and the Canary Islands to access Moroccan fishing grounds. Notably, though, only around 20 vessels currently utilize this access.
Planas said Spain is strongly defending the agreement’s legitimacy as an active participation in its defense before EU authorities.
The EU Council and Commission have already appealed a 2021 challenge to the agreement.
Planas also highlighted past instances where the European Court ultimately disagreed with the Attorney General’s initial recommendations, offering some hope for a favorable outcome.
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