by
Martin Banks
Pergneaux, member of the EP to the Parliamentary Assembly of the Union for the Mediterranean and also the EP Subcommittee on Security and Defence, described the current deal as a “win-win” for both the EU and Morocco.
The current EU-Morocco deal allows these 120 vessels from 11 EU countries to fish off the Moroccan coastline. The existing 2013 deal, which is set to expire in July, costs the EU some €30 million annually. The Commission recently requested a mandate from the Council to launch a new fisheries deal with Morocco on the basis of an independent evaluation study, which highlights that 75% of the socio-economic benefits of the current protocol are enjoyed by people living in Southern provinces, also known as Western Sahara.
But the prospects of the deal being renewed have run into stormy waters after the EU Advocate General, Melchior Wathelet, said the EU-Morocco fisheries agreement "violates the rights of people from Western Sahara". The Belgian official has issued a non-binding opinion questioning the validity of the current agreement. This will be considered by the ECJ on 27 February. If Wathelet's opinion is adopted later this month by Luxembourg it threatens to reopen a diplomatic dispute between Brussels and Rabat that broke out two years ago when a lower General Court annulled an EU trade agreement with Morocco.
Pargneaux, a senior member of the Group of the Progressive Alliance of Socialists and Democrats in the European Parliament, said,”I am personally favourable to the renewal of the agreement, which would permit European and Moroccan boats to fish on the territorial waters along Sahara.” Renewal would be “hugely beneficial” to both sides, warning, “If it is not renewed then European countries will be first victims.”
On the disputed issue, cited by the Advocate General for his objection, he said, “The position of the the European Parliament and EU member states regarding the fisheries agreement will be the usual positions that we saw in the past. There are one or two Nordic countries that argue that Morocco occupies a territory. In any event, the majority of member states and MEPs want to see a rapid resolution of this conflict which has been lingering for 40 years. Many in the European Parliament and member states think that the autonomy proposal presented by Morocco is serious and plausible.”
In an interview with this website, Pargneaux added, “I know the cities of Sahara, such as Layoune, really well. Especially the literal cities which are impacted by the fisheries agreement. This deal is beneficial for the population of Sahara. These cities were strongly developed thanks to Moroccan investment. When we look at the Moroccan fleet in the Moroccan ports we see that there are Moroccan fishermen in it’. "This fleet developed largely thanks to the fisheries agreement. We should also note Morocco's efforts for the preservation of the species living in the Mediterranean sea.This is especially beneficial for Moroccan fishermen, which are essentially Sahrawi.
The EU deputy accused Whatelet of "exceeding his competences," adding, "I think that Whatelet's opinion is politically oriented and I am in total disagreement with his arguments. But we are awaiting the Court's decision, which will be something different than this opinion. Whatever this decision may be, politically we should opt for the strong partnership to continue.” The MEP, also a member of the Committee on the Environment, Public Health and Food Safety, added, “Terrorism and migration are important problems and the Euro Mediteranmean region should work hand in hand to overcome these challenges. Morocco's role in this partnership is essential..
“Morocco was in the frontline in the fight against terrorism during the last three years. Thanks to Moroccan secret services, we could avoid many terror attacks in the EU.”
He said, “The Court of Justice shall not dictate the Union's foreign policy. The Court is there to defend the EU norms and not to question the EU's foreign policy and the EU-Morocco partnership. The Court's role is judiciary. It is up to politicians to adapt to it and to find solutions. “Some protocols, such as the protocol on agriculture, foresee the consultation of local populations. The Sahrawi people could be consulted without necessarily organising a referendum. There should be a political sense in these consultations and a new agreement shall be reached accordingly.” The intervention by Wathelet has been roundly criticised by legal experts and a European Commission spokesman said it hopes that the ECJ “will adopt a judgment favourable to the validity of the agreement.”
Jean-Claude Martinez, a law professor at the University of Paris and former MEP (1989-2009) says that failure to renew the agreement will be "disastrous" and "start a chain reaction that risks shaking the EU at its core." He said, "Out of the 700 or so decisions taken each year by EU judges, not all are of equal consequence. However, the one expected on 27 February is of the utmost importance because it could set a catastrophic precedent.
"Should the ECJ follow the Advocate General's recommendation in its judgment this would set a dangerous precedent and the butterfly effect of a decision that would terminate the agreement would be disastrous. "The decision would send seismic ripples from Luxembourg to Laayoune, 3,500km further south where the EU will leave Morocco alone to handle the chaos that will inevitably ensue."
By: N. Peter Kramer
