It's not easy keeping up with all the different legal proceedings relating to Western Sahara. For the sake of clarity, here's an overview of the five different cases at the Court of Justice of the European Union.
The Polisario Front - the UN recognised representation of the people of Western Sahara - brought four actions against the EU Council before the EU Court: - one calling for the annulment of the EU-Morocco Agriculture Agreement - one calling for the annulment of the EU-Morocco Fisheries Partnership Agreement - one calling for the annulment of the EU-Morocco Aviation Agreement - one calling for the annulment the Council Decision of 16 April 2018, authorising the EU Commission to renegotiate the Fisheries Protocol with Morocco.
Their reason for trying the EU Council? The agreements were being applied to Western Sahara.
In the UK, Western Sahara Campaign UK - a solidarity group - brought action in the UK High Court against two British government agencies: Her Majesty’s Revenue and Customs (HRMC) and the Secretary of State for the Environment, Food and Rural Affairs (DEFRA). Western Sahara Campaign UK argued that the UK was unlawfully allowing products, originating from or processed in Western Sahara, to be imported into the country under a trade agreement with Morocco.
Find timelines of key-events for each of these court cases below. In chronological order. Good luck scrolling.
1. POLISARIO TRIES EU COUNCIL OVER EU-MOROCCO AGRICULTURE AGREEMENT
March 2000 – The EU-Morocco Association Agreement enters into force. A free trade area liberalizing two-way trade in goods was created.
14 February 2012 – WSRW publishes the report ‘Conflict Tomatoes’, revealing the massive growth of the Moroccan agriculture industry in occupied Western Sahara and the export of the produce to the EU.
16 February 2012 – In the plenary session, the European Parliament approves EU-Morocco agriculture agreement. (369 MEPs voted in favour, 225 against and 31 abstained)
08 March 2012 – EU Council formally concludes the agriculture agreement with Morocco.
17 June 2012 – WSRW publishes the report 'Label and Liability', documenting how produce from Western Sahara ends up on the EU market, labelled as Moroccan.
12 September 2012 – EU Commission implements the new agreement.
01 October 2012 – The agriculture agreement between the EU and Morocco enters into force.
19 November 2012 – FP brings action against EU council (case T-512/12) asking for the annulment of the Council decision concluding the agriculture agreement with Morocco.
13 September 2016 – The Advocate General of the CJEU presents his Opinion, concluding that "Neither the EU-Morocco Association Agreement nor the EU-Morocco Agreement on the liberalisation of trade in agricultural and fishery products apply to Western Sahara".
2017 - The Court decides to judge on the below and related case from Western Sahara Campaign UK first, and on the Polisario case later. The Western Sahara Campaign UK case judgment came on 27 February 2018.
19 July 2018 - Only weeks before the 4 year EU-Morocco fisheries agreement is set to expire at the end of July 2018, the Court of Justice of the European Union judges the agreement inapplicable to Western Sahara.
3. CASE INITIATED BY WESTERN SAHARA CAMPAIGN AGAINST UK GOVERNMENT
February 2015 – Western Sahara Campaign UK brings action in the UK High Court against Her Majesty’s Revenue and Customs (HRMC) and the Secretary of State for the Environment, Food and Rural Affairs (DEFRA)
15.05.2015 - The UK High Court granted Permission by Order.
July 2015 – Substantive hearing takes place at the UK High Court.
4. POLISARIO TRIES EU COUNCIL OVER EU-MOROCCO AVIATION AGREEMENT
December 2006 – The Aviation Agreement between the European Union and the Kingdom of Morocco enters into force.
February 2014 – The EU Commission proposes an amendment to the Agreement, accounting for changes within the EU (three new Member States since 2006, and the Lisbon Treaty)
5. POLISARIO TRIES EU COUNCIL ON FISH NEGOTIATIONS WITH MOROCCO
27 February 2018 – The Court of Justice of the European Union concludes that the EU-Morocco Fisheries Partnership Agreement with Morocco cannot be applied to Western Sahara, as that territory does not fall under Moroccan “sovereignty or “jurisdiction”, and is not part of “Moroccan fishing zones” – a notion used throughout the Agreement and its implementing Protocols.
16 April 2018 – The Council authorizes the Commission to open negotiations with Morocco for a modification of the territorial scope of the Fisheries Partnership Agreement (so as to include Western Sahara) and for the conclusion of a new Fisheries Protocol.
8 February 2019 - The Court declares Polisario's request to annul aforementioned Council Decision inadmissible, as Polisario is not directly affected by it. The Decision only aims at designating who will lead the negotiations, and thus only resorts legal effects among the EU institutions, the Court argued. The Court does reaffirm that the "Saharawi people are to be regarded as enjoying the right to self-determination and as being a 'third party'" to EU-Morocco relations.
Morocco occupies the major part of its neighbouring country, Western Sahara. Entering into business deals with Moroccan companies or authorities in the occupied territories gives an impression of political legitimacy to the occupation. It also gives job opportunities to Moroccan settlers and income to the Moroccan government. Western Sahara Resource Watch demands foreign companies leave Western Sahara until a solution to the conflict is found.
It's not easy keeping up with all the different legal proceedings relating to Western Sahara. For the sake of clarity, here's an overview of the five different cases at the Court of Justice of the European Union.
