Tweet
The decision is clear. The trade agreement cannot be implemented in Western Sahara, which falls outside of the international borders of Morocco. However, the court does not stop there. In its decision, the judgement goes even further, all the way back to the 2000 Association Agreement which frames the EU-Morocco relations. That agreement too, the court states, cannot be included in Western Sahara. The reasoning follows the line of arguments by the general-advocate of the court who in September 2016 came to the same conclusion. The court thus goes even further than the original judgment from 2015.
This is a wonderful victory for the Saharawi people and for those who advocate for respect of international law in Western Sahara. All those states in the EU which over so many years have advocated for the respect of international law in the territory are now proven right. The decision came after EU had appealed a judgement by The General Court of the EU Court of Justice on 10 December 2015. See full timeline in the box.
The road to the 21 December 2016 Judgment
March 2000: The EU-Morocco Association Agreement enters into force. A free trade area liberalizing two-way trade in goods was created.
October 2005: The Council gives the EU Commission the mandate to negotiate further trade liberalisation for agriculture and fishery products.
October 2012: The FTA is expanded to include reciprocal liberalisation measures on agricultural products, processed agricultural products, fish and fishery products.
November 2012: the liberation movement of Western Sahara, Frente Polisario, brings action against the Council of the European Union, calling for the annulment of the 2012 extension of the FTA.
December 2015: The General Court rules the partial annulment of the Free Trade Arrangement insofar as it covers Western Sahara.
February 2016: the Council appeals the General Court’s decision.
September 2016: The EU Court’s Advocate General concludes in his Opinion that “neither the EU-Morocco Association Agreement nor the EU-Morocco Agreement on the liberalization of trade in agricultural and fishery products apply to Western Sahara”.
21 December 2016: The Court of Justice of the EU, in general, confirms in its final appeal the argumentation of the Advocate General and annuls the initial judgement from December 2015. The reason for annulment is that Western Sahara has no part in the application of the 2000 and 2012 agreements.
T-News
This is a wonderful victory for the Saharawi people and for those who advocate for respect of international law in Western Sahara. All those states in the EU which over so many years have advocated for the respect of international law in the territory are now proven right. The decision came after EU had appealed a judgement by The General Court of the EU Court of Justice on 10 December 2015. See full timeline in the box.
The road to the 21 December 2016 Judgment
March 2000: The EU-Morocco Association Agreement enters into force. A free trade area liberalizing two-way trade in goods was created.
October 2005: The Council gives the EU Commission the mandate to negotiate further trade liberalisation for agriculture and fishery products.
October 2012: The FTA is expanded to include reciprocal liberalisation measures on agricultural products, processed agricultural products, fish and fishery products.
November 2012: the liberation movement of Western Sahara, Frente Polisario, brings action against the Council of the European Union, calling for the annulment of the 2012 extension of the FTA.
December 2015: The General Court rules the partial annulment of the Free Trade Arrangement insofar as it covers Western Sahara.
February 2016: the Council appeals the General Court’s decision.
September 2016: The EU Court’s Advocate General concludes in his Opinion that “neither the EU-Morocco Association Agreement nor the EU-Morocco Agreement on the liberalization of trade in agricultural and fishery products apply to Western Sahara”.
21 December 2016: The Court of Justice of the EU, in general, confirms in its final appeal the argumentation of the Advocate General and annuls the initial judgement from December 2015. The reason for annulment is that Western Sahara has no part in the application of the 2000 and 2012 agreements.
T-News
Commentaire