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Morocco-EU Fisheries Agreement: Polisario to seize ECJ again

On 8 February 2019, the ECJ rejected an appeal lodged by the Polisario asking for the cancellation of negotiations between Morocco and the EU with a view to signing a new fisheries agreement. Next week, the Front will give a new layer with the filing of another complaint in the same jurisdiction against the adoption of the agreement.

The Polisario intends to strike again at the door of the European Court of Justice. “We will present in the coming days a complaint against the fisheries agreement between Morocco and the European Union,” said M’Hamed Khaddad in a statement.

“It will be a challenge to the agreements that the European Commission has signed with Morocco in the field of fisheries,” he added. “We are convinced that we have, in this respect, a very solid case and that the Court will totally reject its agreements because they are illegal, because without foundations and have no legal basis”, explained the coordinator of the Front with MINURSO.

The ECJ has already rejected a Polisario appeal

Khaddad seized the opportunity to reiterate the offer of his movement to the EU and other countries to establish trade relations, arguing that “Western Sahara has natural resources such as fishing, oil, gas and phosphates”.

The Saharawi leader said that “for the moment, there are no major investment projects” in the kingdom-controlled region “because investment in Western Sahara is illegal as long as it is an occupied territory”.

The new seizure of the European Court of Justice comes only three months after the setback suffered on February 8th. The judges of the ECJ had ordered “to reject as inadmissible the appeal of the Polisario” requesting “the cancellation of the decision of the (European) Council, of April 16, 2018, authorizing the opening of negotiations with Morocco for the modification of the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco and the conclusion of a Protocol implementing that Agreement”.

Worse, the magistrates have decided that Brahim Ghali’s movement will bear, in addition to its own costs, those exposed by the Council of the European Union. A setback to that of December 21, 2016, in which the ECJ declared that the Polisario does not represent the “people of Western Sahara”. And because of this it has no legitimacy to seize the jurisdictions of the EU countries.

As a reminder, on 12 February 2019, the plenary of the European Parliament adopted the fisheries agreement between the EU and the Kingdom of Morocco integrating the waters of the Sahara by 415 votes in favor, 189 against and 49 abstentions.

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